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Books > Law
This timely book investigates emerging efforts to govern artificial
intelligence (AI) at an international level. It emphasizes the
complex interactions involved when creating international norms
related to potential and current developments in AI regulation.
Organized into four parts, The International Governance of
Artificial Intelligence demonstrates how formal and informal
standards for AI are emerging from stakeholder interactions. With
the objective of describing a nascent transnational law on AI use,
chapters survey the various global realities that affect AI
governance, concluding that AI law should ultimately be evaluated
against the measure of international human rights. Students of law
and governance will benefit from this book, particularly when
studying emerging technologies, international economic law and
general international law. Those researching policy creation and
regulation will additionally find it to be an enlightening read.
Women’s security in political, economic and social terms is directly linked to the pervasive problem of violence against women. Violence Against Women: Law, Policy and Practice seeks to understand this particular form of human rights violation, by situating violence against women in its historical, political, socio-economic and legal context in South Africa.
Whether in the private or public spheres, violence against women prevents women from realising a broad range of human rights that are central to full, inclusive and participatory citizenship. The authors of this volume reflect on the many forms of violence against women, the applicable laws and policies, and the challenges to effectively responding to this widespread violation of human rights.
Their contributions consider the role of law, policy and practice in relation to a broad range of themes including sexual violence, violence against women at the margins of systems and societies, and the impact on those who are working to defeat violence against women, whether as activists, practitioners or scholars.
Class Action Litigation in South Africa is the first book to be
published in South Africa dealing with this area of the law. The
book collects, describes and interrogates the first-class action
judgments in South Africa, aiming to go beyond the existing and
ground-breaking Supreme Court of Appeal and Constitutional Court
judgments on class actions, and makes practical suggestions
regarding the issues that are likely to arise for practitioners,
judges and academics as they encounter class actions in South
Africa. Class Action Litigation in South Africa seeks to ensure a
home-grown understanding of class actions for our country, but also
offers the reader first-hand exposure to lessons learnt from
international experts in class action litigation. The book thus
embraces contributions from around the world that are wide-ranging,
straddling the fields of law, economics, social justice and
politics. The book presents important and useful insights into
class action litigation from local and international experts. The
editors and the contributors have all been involved in the leading
class action cases in South Africa and abroad.
This important book provides a comprehensive analysis of good-fit
and home-grown approaches for advancing business and human rights
norms across Africa. It explores the latest developments in law,
regulations, policies, and governance structures across the
continent, focusing on key legal innovations in response to human
rights impacts of business operations and activities. Featuring
contributions from expert scholars and practitioners, the book
provides a complete survey of the multifarious regulatory and
institutional gaps that limit the coherent development and
application of business and human rights law and practice at
national and regional levels in Africa. Chapters discuss practical
barriers to effective implementation, how such barriers could be
addressed through innovative approaches, and the local contexts for
the implementation of the United Nations Guiding Principles on
Business and Human Rights in Africa. Thematic sections offer
conceptual and theoretical reflections on how African countries can
effectively mainstream human rights standards and considerations
into all aspects of development planning and decision-making.
Business and Human Rights Law and Practice in Africa will be a key
resource for academics, practitioners, policy makers and students
in the fields of governance, human rights, corporate law and public
international law, who are interested in responsible and
rights-based business practices in Africa. The guidance and rules
provided for integrating human rights into project design and
implementation will also be useful for corporate bodies and
financial institutions.
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.
This work provides readers with an authoritative resource for
understanding the true extent and nature of gun violence in
America, examining the veracity of claims and counterclaims about
mass shootings, gun laws, and public attitudes about gun control.
This work is part of a series that uses evidence-based
documentation to examine the veracity of claims and beliefs about
high-profile issues in American culture and politics. Each book in
the Contemporary Debates series is intended to puncture rather than
perpetuate myths that diminish our understanding of important
policies and positions; to provide needed context for misleading
statements and claims; and to confirm the factual accuracy of other
assertions. This particular volume examines beliefs, claims, and
myths about gun violence, gun laws, and gun rights in the United
States. Issues covered in the book include trends in firearm
violence, mass shootings, the impact of gun ownership on rates and
types of crime, regulations and Supreme Court decisions regarding
gun control and the Second Amendment, and the activities and
influence of organizations ranging from the National Rifle
Association to Everytown for Gun Safety. All of these topics are
examined in individualized entries, with objective responses
grounded in up-to-date evidence. Easy-to-navigate Q&A format
Quantifiable data from respected sources as the foundation for
examining every issue Extensive Further Reading sections for each
entry providing readers with leads to conduct further research
Examinations of claims made by individuals and groups of all
political backgrounds and ideologies
Can your employer require you to travel to India for a hip
replacement as a condition of insurance coverage? If injury
results, can you sue the doctor, hospital or insurer for medical
malpractice in the country where you live? Can a country prohibit
its citizens from helping a relative travel to Switzerland for
assisted suicide? What about travel for abortion? In Patients with
Passports, I. Glenn Cohen tackles these important questions, and
provides the first comprehensive legal and ethical analysis of
medical tourism. Medical tourism is a growing multi-billion dollar
industry involving millions of patients who travel abroad each year
to get health care. Some seek legitimate services like hip
replacements and travel to avoid queues, save money, or because
their insurer has given them an incentive to do so. Others seek to
circumvent prohibitions on accessing services at home and go abroad
to receive abortions, assisted suicide, commercial surrogacy, or
experimental stem cell treatments. In this book, author I. Glenn
Cohen focuses on patients traveling for cardiac bypass and other
legal services to places like India, Thailand, and Mexico, and
analyzes issues of quality of care, disease transmission,
liability, private and public health insurance, and the effects of
this trade on foreign health care systems. He goes on to examine
medical tourism for services illegal in the patient's home country,
such as organ purchase, abortion, assisted suicide, fertility
services, and experimental stem cell treatments. Here, Cohen
examines issues such as extraterritorial criminalization,
exploitation, immigration, and the protection of children. Through
compelling narratives, expert data, and industry explanations
Patients with Passports enables the reader to connect with the most
prevalent legal and ethical issues facing medical tourism today.
This must-have book is a comprehensive yet accessible guide to
copyright and related rights in the music industry. It provides
clear and concise instruction on how copyright works in practice
and how it applies to music specifically, as well as covering how
to manage, utilise and enforce copyright, what infringement looks
like and how to avoid it. The book illustrates this with relevant
cases and real world examples, including practical, step-by-step
guidance for stakeholders of all types. It also signposts the
future of copyright in the music industry through an examination of
new technologies such as artificial intelligence and blockchain.
Key features include: An engaging and approachable writing style A
practical orientation for those in the industry and their advisors
The impact of social media on copyright infringement, management
and remedies Accessible explanations of key concepts in copyright
and related rights, as well as commonly misunderstood topics such
as sampling and fair use. Musicians, producers, copyright holders
and others working in the music industry will find this an
indispensable and easy-to-use resource for navigating all aspects
of music copyright. It will also be of interest to academics and
students of copyright law for its discussion of contemporary issues
such as technology and enforcement.
This book provides a comprehensive and detailed analysis of the
nature, content and scope of the rules regulating the use of force
in international law as they are contained in the United Nations
Charter, customary international law and international
jurisprudence. The book's scope is broad and covers the prohibition
on the threat or use of force; the use of force in self-defence;
the use of force as part of the United Nations collective security
system; the use of force by regional organisations; the use of
force in peacekeeping operations; the use of force for humanitarian
purposes; the use of force by invitation; armed reprisals; the use
of force by and against non-State actors; and the use of force in
cyberspace. The book takes an insightful look at the rules
regulating the use of force as they are called upon to apply to
changing and challenging circumstances such as the emergence of
non-State actors, security risks, new technologies and moral
considerations. Its arguments balance the interests of stability
and change in order to enhance international law's regulatory
potential regarding the use of force. This book is an important
resource for students and scholars of international law, the use of
force and collective security and for practitioners involved in the
interpretation and application of these legal frameworks.
In this incisive and thought-provoking book, Francois Venter
illuminates the issues arising from the fact that the current
language of constitutional law is strongly premised on a particular
worldview rooted in the history of the states around the North
Atlantic Ocean. Highlighting how this terminological hegemony is
being challenged from various directions, Venter explores the
problem that all constitutional comparatists face: that they all
must use the same words to express different meanings. Offering a
compact but comprehensive constitutional history, Venter
investigates the ways in which the standard vocabulary does not fit
comfortably in many contemporary constitutional orders, as well as
examining how its cogency is increasingly being questioned.
Chapters contextualize comparative constitutional methods to
demonstrate how the language choices made by comparatists are
shaped by their own perspectives, arguing that careful explanation
of the meanings attached to constitutional terms is imperative in
order to be persuasive or even understood. Tackling the
foundational elements of the field, this book will be a critical
read for constitutional scholars across the globe. It will also be
of interest to high-level practitioners of constitutional law and
political scientists for its investigation of terminology that is
crucial to their work.
Volume 106 of Terrorism: Commentary on Security Documents
("Terrorist Financing and Money Laundering") guides readers through
the complex legal terrain of terrorist financing and
money-laundering. Researchers will benefit from the diversity of
this volume's selection: from U.S. agency reports on how to
implement the recommendations of the 9/11 Commission to the efforts
of the European Parliament in seizing assets to two perspectives on
how well Saudi Arabia is combating terrorist financing within its
borders: the U.S. perspective and the perspective of Saudi Arabia
itself. Equally important for researchers is this volume's
extensive treatment of U.N. measures on terrorist financing and
money laundering. The volume concludes with the full text of the
model rules for regulating terrorism-related financial
transactions, as promulgated by a joint body of the U.N. and the
International Monetary Fund.
A Practical approach to Criminal Procedure in Botswana explains the
basic principles of the law of criminal procedure in Botswana in
plain and concise language. Aspects of the law of criminal
procedure are analysed with an emphasis on their practical
application, and with reference to recent case law and legislation.
The author also discusses the rights of the accused at each stage
of the criminal justice process. A Practical approach to Criminal
Procedure in Botswana provides comprehensive, analytical and
up-to-date information for judicial officers, legal practitioners,
law students, academics, law enforcement officers, researchers,
paralegals and those involved in the administration of justice.
Elgar Advanced Introductions are stimulating and thoughtful
introductions to major fields in the social sciences and law,
expertly written by the world's leading scholars. Designed to be
accessible yet rigorous, they offer concise and lucid surveys of
the substantive and policy issues associated with discrete subject
areas. This thought-provoking introduction provides an incisive
overview of dignity law, a field of law emerging in every region of
the globe that touches all significant aspects of the human
experience. Through an examination of the burgeoning case law in
this area, James R. May and Erin Daly reveal a strong overlapping
consensus surrounding the meaning of human dignity as a legal right
and a fundamental value of nations large and small, and how this
global jurisprudence is redefining the relationship between
individuals and the state. Key features include: Analyses of cases
from a range of jurisdictions all over the world A history of the
shift of the concept of dignity from a philosophical idea to a
legally enforceable right Discussion of dignity as a value and a
right in different major legal contexts, and its roots in African,
Asian, European and Islamic traditions. This Advanced Introduction
will be invaluable to scholars and students of law, particularly
those interested in human rights, looking to understand this
emerging area of law. It will inform lawyers, judges, policymakers
and other advocates interested in how dignity and the law can be
used to protect everyone, including the most vulnerable among us.
This timely book provides readers with a detailed comparative
survey of tenure innovation and diversification in Europe.
Alternative and intermediate tenures, i.e., housing options beyond
tenancy and homeownership, are examined as remedies to address the
growing European housing crisis. Starting with an introduction to
national housing systems and their development, contributions from
experienced legal academics explain the potential of alternative
and intermediate tenures used in individual countries. Divided into
groups reflecting not only geographical vicinity, but also roughly
similar types of welfare states, the book examines 14 jurisdictions
all over Europe. Taken together, the national models constitute
what can be labelled a European acquis of housing options. The
final comparative evaluation focuses on selecting best practice
models, potentially capable of being transferred to, and used
beneficially in, other countries. Addressing the European Housing
Crisis will be of great interest for academics in European law,
property law and public administration and management. It will also
be a key resource for policy makers and experts associated with
political institutions, civil society and housing associations,
both at European and national levels.
In an age of intolerance where religious persecution is widespread,
Barbara Ann Rieffer-Flanagan explores how societies can promote
freedom of religion or belief as a fundamental right of citizens
Examining the extent of religious persecution throughout the world,
this cutting-edge book explores mechanisms to address religious
intolerance and develop religious freedom, outlining the necessary
factors to measure progress on the protection of this fundamental
human right. Chapters explore how freedom of religion or belief can
be institutionalized in dispositions, laws, and policies through
efforts which limit negative depictions of the religious (or
non-religious) Other in public discourse. Rieffer-Flanagan
demonstrates how reforms that enhance the ability of civil society
actors to operate can also promote freedom of religion or belief,
and how states and IGOs can support these efforts. Ultimately, this
innovative book proves that reforms must be continually nurtured
for freedom of religion or belief to exist in society. With
interview-based research and a diverse range of regional case
studies, this will be a vital resource for students and scholars of
philosophy, religion, human rights law and political science.
Considering the role of leaders in the promotion of religious
tolerance, the book will also prove invaluable to policymakers
concerned with human rights and freedom of religion or belief.
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