This second edition of Understanding the Employment Equity Act has been updated to include legislative amendments and developments in the case law since the publication of the popular first edition in 2009. Understanding the Employment Equity Act deals wi

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 incisive book is an indispensable guide to the New York Convention's uniform regime on recognition and enforcement of foreign arbitral awards. Framing the Convention as a uniform law instrument, the book analyses case law from major arbitration jurisdictions to explain its scope of application, the duty to recognize arbitral agreements and awards as well as their limitations, and the procedure and formal requirements for enforcing arbitral awards. Combining insight from arbitration practice with perspectives from private international law, the book underlines the importance of the Convention's foundation in a treaty of international law, arguing that this entails a requirement to interpret the key concepts it sets forth based on international law rules of interpretation. However, it also demonstrates where municipal laws are relevant and discusses the private international law principles through which these instances can be identified. Addressing one of the core treaties of international arbitration, this will be crucial reading for legal practitioners and judges working in the field. It will also prove valuable to scholars and students of commercial and private international law, particularly those focused on cross-border disputes and arbitration.

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 innovative book proposes new theories on how the legal system can be made more comprehensible, usable and empowering for people through the use of design principles. Utilising key case studies and providing real-world examples of legal innovation, the book moves beyond discussion to action. It offers a rich set of examples, demonstrating how various design methods, including information, service, product and policy design, can be leveraged within research and practice. Providing a forward-thinking outlook, this book presents an in-depth examination of how a human-centred, visual and participatory design approach can improve legal services and outcomes. Spanning numerous fields of legal practice, from education, housing and contracts to intellectual property, it highlights how visuals, information design and better communication can help prevent and solve legal problems. Chapters explore a new vision of lawyering and its potential to encompass a more creative and collaborative approach to legal practice. Legal Design will be of benefit to students and scholars seeking an up-to-date analysis of current trends related to legal design thinking and execution. It will also be a key resource for legal practitioners, policy-makers, government officials and business professionals looking to deepen their understanding of the field and improve their own design tools.

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. Covering all aspects of federal securities law, this Advanced Introduction provides an excellent understanding of how U.S. securities regulation works, particularly as this emerging area of law becomes more prevalent for those working or involved in general corporate and commercial practices. It examines the definition of securities and how modern investment opportunities may be subject to this regulation as well as more traditional forms such as stocks or bonds. Key Features: Providing up to date information on the latest developments in securities law Presenting complex material in a clear and comprehensive format and defining key concepts Thoroughly reviewing significant Supreme Court cases, alongside the noteworthy statues and Securities and Exchange Commission Rules This informative book will be invaluable reading for practitioners and others engaged in the business and securities world looking for a detailed overview of U.S. securities law. It will also be a useful resource for lawyers, scholars, and policy advisors.

This important book analyses recurring issues within financial services regulation relevant to the use of technology, at a time when competition is moving towards greater use of technology in the financial services sector. Iain Sheridan assumes no advanced knowledge of computers and related technology topics, but where necessary encapsulates the essential aspects to offer a comprehensive yet accessible guide to the regulation of finance and technology. Key features include: Cutting-edge coverage of topics within technology Drawing together the different strands of financial regulation and technology Succinctly encapsulating the essence of complex topics, including machine learning, artificial intelligence, intellectual property and quantum computing Furthering readers' understanding of the key case law, regulation, authoritative financial services regulator guidance and international standards governing these specific themes. Financial Regulation and Technology will be crucial reading for legal counsel and compliance officers in asset managers, banks, platforms and FinTech SMEs looking to consolidate their knowledge of financial regulation and technology issues.

This incisive book critically explores the principles, purpose and application of corporate rescue in order to bring new significance to rescue theory. Responding to key legislative developments and recent case law, it examines major insolvency theories and establishes which theoretical principles are prominently applied in practice, and whether these principles have affected the drivers of policy consideration. John M. Wood gives unique consideration to value within a corporate failure and rescue context, focusing on the issue of identifying the value of a company and its assets so that optimal rescue outcomes can be realised. Wood provides a detailed examination of the professional discretion afforded to insolvency practitioners to determine how commercial decisions, like rescue proposals, are construed. The in-depth analysis of key cases such as Re One Blackfriars Ltd and legislation including the Corporate Insolvency and Governance Act 2020 will prove invaluable for both practitioners and policy makers exploring corporate insolvency and rescue reform. It will also be of interest to scholars and students of insolvency law, as well as company law more broadly.

The purpose of this book is to provide a first introduction for an undergraduate student in property law. As with earlier editions this eighth edition of the Introduction to the Law of Property was written specifically for students in an undergraduate module on the law of property. Therefore, the contents are restricted to what the authors regard as essential for these students. Footnotes have not been used for the same reason; in an introductory module the emphasis should arguably fall on understanding basic concepts and principles, rather than on additional reading material. However, extensive use is made of examples from case law.

Under the new authorship the Introduction still emphasises the influence of the constitutional framework on the development of this aspect of private law. This eighth edition of the Introduction is published as part of the series of Juta’s Property Law Library. The aim of this series is to illustrate the interplay between the common law, the constitution and legal reform in a constitutional system. As an introduction, the book is different from the other volumes in the series in that it is specifically aimed at students.

In updating the Introduction cognisance was also taken of the Qualification standards for the Bachelor of Laws published by the HEQC in May 2015, and the attributes of a graduate that was included in the report. Therefore, the 2021 edition contains electronic resources that will assist students to be better prepared for the legal profession with an appreciation of the constitutional values and principles underpinning the law, and an understanding that the law is a dynamic and developing discipline.

Discussing the fundamental role played by the principles of equality and non-discrimination in the EU legal order, this insightful book explores the positive and negative elements that have contributed to the consolidation of the process of EU legal integration. Providing an in-depth analysis of the three key dimensions of equality in the EU -- equality as a value, equality as a principle and equality as a right -- this incisive book investigates the place and scope of equality within the founding values of the EU. It does this by examining the use of the principle of equality in the case-law of the Court of Justice, as well as the rights conferred on individuals via equality in secondary legislation, and the interaction between equality in the Charter of Fundamental Rights and as a general principle of EU law. Presenting an up-to-date analysis of the role played by equality in blending the economic and social elements of EU legal integration, Equality and Non-Discrimination in the EU will be an important read for scholars and students of EU and constitutional law, as well as practitioners and EU officials.

This timely Research Handbook explores the concept of polar law as a coherent body of law and as a set of rules and principles that applies to both the Arctic and Antarctic. It captures the evolution of polar law and policy, identifying future directions for research in this emerging and growing field. Expert international contributors analyse the concept of polar law across a range of areas including human rights, bioprospecting, tourism, environmental protection and fisheries management. They examine how Antarctic and Arctic regional regimes contribute to polar law, scrutinizing international treaties, agreements and arrangements. With a focus on the evolution of polar law in the context of the Anthropocene, chapters cover key issues related to the poles, such as climate change, minerals exploration and boundary disputes. Demonstrating the benefits of polar as opposed to bipolar law, this Research Handbook provides a critical assessment of contemporary challenges to the field. Incorporating a diverse range of themes and topics, this Research Handbook will be a valuable resource for academics and students of polar law as well as those interested in how international law applies to the polar regions. It will also be beneficial for diplomats and policy makers working in polar law and policy fields.

The third edition of Bail provides a critical discussion of past and current bail law, including the impact of the Constitution on statutory interpretation and practice.

Where the law remains unclear – often as a result of divergent High Court decisions – the author provides guidelines to the practitioner and the lower courts alike. He makes concrete suggestions, where necessary, on the application of the law in a setting where tension between the liberty of the individual and the troubling crime rate calls for a measured and practical approach.

This edition features extensive quotations from the authorities, with English translations of Afrikaans judgments. The book also includes an invaluable ‘Quickfinder’ section in which the most important bail procedures are set out in a clear, concise and easily accessible format. Notice of motion templates are also provided.

In this, the third edition of Bail, the author provides a critical discussion of past and current bail law, including the impact of the Constitution on statutory interpretation and practice.

This edited book is the first to reflect on childhood obesity as a global legal challenge. It calls for a thorough commitment to human rights in the face of an ascendant global agri-food industry. The book makes an original contribution to the discussion on obesity as it considers both international economic law and human rights law perspectives on the issue whilst also examining the relationship between these two bodies of international law. After highlighting the importance of a human rights-based approach to obesity prevention, this book discusses the relevance of international economic law to the promotion of healthier food environments. It then examines the potential of international human rights law for more effective regulation of the food industry, arguing for better coordination between UN actors and more systematic reliance on human rights tools, including: the best interests of the child principle, human rights due diligence processes, and the imposition of extraterritorial obligations. The concluding chapter reflects on recurring themes and the added value of a WHO Framework Convention on Obesity Prevention. This book will be of interest to public health scholars, particularly those working on obesity and non-communicable diseases, and those with a broader interest in children's rights, human rights, international trade, investment, consumer or food law and policy. It will also be relevant to policy actors working to improve nutrition and public health globally.

This timely book provides an astute assessment of the institutional and constitutional boundaries, interactions and tensions between the different levels of governance in EU criminal justice. Probing the conceptual and theoretical underpinnings of the EU's approach to transnational crime, it proposes improved mechanisms for public participation in the governance of EU criminal law, designed to ensure better transparency, accountability and democratic controls. Influential scholars from across Europe analyse key practical challenges to the governance of EU criminal law in the context of specific crimes, including financial crime, cybercrime and environmental crime. Offering sector-specific perspectives on tackling transnational crime, insightful chapters examine the potential options for criminal-law cooperation between the EU and the UK after Brexit, and consider to what extent these avenues may represent enhanced mechanisms for the governance of transnational crimes and common security threats in the future. This important study will prove crucial reading for academics, researchers and postgraduate students examining EU, transnational and comparative criminal law, as well as European integration studies and constitutional law more broadly. Practitioners and policy-makers working in the EU's Area of Freedom, Security and Justice will also benefit from this book's practical insights into the mechanisms of EU law and justice.

This comprehensive Practical Guide provides direction on the wide array of legal questions and challenges that start-ups face. Start-up Law features analysis from five jurisdictions that represent a variety of legal traditions across different continents. Expert contributors address key legal issues for technology-based start-ups and entrepreneurs, as well as providing insights into the law and practice of the countries examined. Key features include: * a focus on the complete life cycle of a start-up, from innovative idea through growth of the business to success or failure * specific, in-depth analysis of law relating to start-up businesses in Denmark, Canada, Israel, Switzerland and the United States * guidance aimed at helping start-ups and entrepreneurs navigate the diverse legal and regulatory hurdles they may encounter, including practical insights from expert contributors with first hand industry experience. Start-up Law will prove crucial reading for lawyers advising technology start-ups, as well as entrepreneurs themselves in this sector. It will also be useful for scholars and students in business and commercial law, as well as policy-makers interested in providing a supportive regulatory environment for innovation and start-ups.

Comparing the structures and challenges of democratic constitutionalism in India and the European Union, this book explores how democracy is possible within vastly diverse societies of continental scale, and why a constitutional framework is best able to secure the ideals of collective autonomy and individual dignity. It contributes to an emerging comparative discussion on structures of power, separation of powers and a comparative law of democracy, which has been long neglected in comparative constitutional studies. This timely and invigorating book showcases a novel comparative approach termed "slow comparison" counters the conceptual focus on nation-states in comparative studies and develops a broader understanding of democratic constitutionalism. In the context of the contemporary crisis of constitutional democracy, triggered by populism, majoritarianism and authoritarianism, chapters continue older ongoing debates about multiculturalism, identity politics and democratic equality that hold important insights for both India and the EU to deal with contemporary challenges. This book will be an important read for scholars of comparative constitutional law and theory. It will also benefit those studying EU law and Indian constitutional law.

This significant book addresses the most important legal issues that cities face when attempting to adapt to the changing climate. This includes how to become more resilient against the impacts of climate change such as sea level rise, increases in the intensity and frequency of storms, floods, droughts, and extreme temperatures. A range of expert contributors are brought together to assess the current state of climate change law and policy at the city level, featuring analysis of key legal instruments that can help urban societies adapt to, and cope with, the changing climate. Chapters contain comparative assessments of urban climate change policies in cities across the world, in both developed and developing countries, including Ghana, South Africa, Indonesia, the Netherlands and the US. Additionally, the book analyses legal approaches, relying on planning law and other legal instruments in the hands of city governments, which can aid in combating specific problems such as the urban heat island effect. Providing an up-to-date analysis of climate change adaptation and mitigation law at the level of cities, Urban Climate Resilience will be a key resource for academics and students of environmental law, public international law, urban planning and sustainability. The lessons for future policies and laws to create more climate resilient cities will also be useful for local policymakers, regulators and city government officials working on climate change at the local level.