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Books > Law > Laws of other jurisdictions & general law
This book studies three interrelated frontiers in civil justice from European and national perspectives, combining theory with policy and insights from practice: the interplay between private and public justice, the digitization of justice, and litigation funding. These current topics are viewed against the backdrop of the requirements of effective access to justice and the overall goal of establishing a sustainable civil justice system in Europe. With perspectives from an impressive selection of contributors the book takes on a pan-European perspective and zooms in on several European jurisdictions, thereby providing a holistic exploration of current civil justice debates and frontiers. It includes chapters dedicated to the interaction between public and private justice, the digitisation of both private dispute resolution and court litigation, including the rapid development and use of advanced forms of Artificial Intelligence, and the funding of justice, especially collective actions and settlements by means of private funding and common funds. Addressing these key issues in the current European debate on civil justice, this book will be an ideal read for academics and policy makers interested in the most recent frontier developments and innovations. Legal practitioners will also benefit from the insight into complex topics such as litigation funding, legal conflicts in a digital age, and resolving disputes in a private setting.
Examining the role of shareholders in modern companies, this timely book argues that more should be expected of shareholders, both morally and legally. It explores the privileged position of shareholders within the corporate law system and the unique rights and duties awarded to them in contrast to other corporate actors. Introducing the concept of shareholders as responsible agents whose actions and inactions should be judged on that basis, Stephen Bottomley unites a number of distinct corporate governance discussions including stewardship, activism and shareholder liability. The Responsible Shareholder argues that when companies cause harm to the environment, inflict injury on workers, or commit financial fraud, it is not just the actions of the directors, managers, advisers or regulators that should be scrutinized. Instead of consigning shareholders to a passive or marginal role in the drive for greater corporate responsibility, this book recommends that it is time to hold this key constituency in the company decision-making structure accountable. Comparative and interdisciplinary, this book will be a key resource for students and scholars of corporate law and governance, business law and insolvency law. It will also be of value to company law policy makers, corporate interest groups and think tanks engaged in corporate law reform.
This thoroughly updated and revised second edition combines practical and theoretical analyses to cover a wide array of cutting edge issues in international environmental law (IEL). The Research Handbook provides a comprehensive view of the complexity of IEL, both as a field in its own right, and as part of the wider system of international law. Expert contributors examine the key theories and concepts of IEL governance and provide an in-depth analysis of IEL principles, supplemented in this new edition by a consideration of the significant actors involved in international environmental law-making and governance. Chapters go on to discuss practical issues, such as dispute settlement and compliance, and analyse selected environmental protection regimes, as well as including a brand new section covering IEL litigation in relation to human rights and climate change. Providing a thorough examination of the major topics in the field, this Handbook will be an indispensable resource for scholars and students of international environmental law. Practitioners and policymakers will also find it useful for its coverage of developments in environmental litigation and the actors involved.
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.
This Advanced Introduction provides a clear and accessible guide to the essential elements of environmental compliance and enforcement programs. It examines compliance programs designed to assist regulated entities in meeting their obligations, as well as enforcement tools designed to address non-compliance - such as administrative, civil judicial, and criminal enforcement. Offering an insightful overview of this important area, Lee Paddock highlights recent developments that are changing the way compliance and enforcement work is practiced. Key features include: a review of how the role of criminal enforcement has evolved discussion of traditional compliance monitoring and the role of citizen science examination of the increasing importance of private environmental governance, and the role that government agencies can play in supporting these practices exploration of the need to consider "next generation" and "smart regulation" strategies. This concise and nuanced book will be a key resource for students and scholars of environmental law and politics, criminal law and justice and international policy, as well as environmental enforcement professionals worldwide.
This volume of the Elgar Encyclopedia of Environmental Law provides thorough and detailed coverage of the changing meanings and roles of water law, from the local to the global. It examines the rules of ownership, rights of use, and dispute resolution that address access, allocation, and protection of water resources. Written by leading scholars and practitioners from across the globe, the volume is organised into thematic parts, beginning with an overview of fundamental concepts in water law, as well as pervasive issues such as the interplay of water law, governance and politics, and the water-energy nexus. Entries then discuss topics in international, regional, and national water law, before exploring broader questions about the intersections between water law and areas such as development, infrastructure, and indigenous rights. The volume also offers insights into potential future directions of water law and governance in response to the increasingly pressing ecological issues. This authoritative volume will be a vital resource for all scholars and students of environmental law. Practitioners, policy makers and water managers will also find its accessible discussion of complex topics in water law particularly beneficial.
In this thought-provoking book, Michelle Q. Zang critically examines the practices and outcomes of international economic adjudication through an exploration of a selected group of specialized judicial actors. She draws on an in-depth review of decisions delivered by bilateral, regional and multilateral judiciaries in order to respond to questions surrounding the proliferation and fragmentation of international adjudication, including the concerns and challenges this raises. By disentangling and analysing the relationships between the various economic regimes involved, Zang reveals their substantial influence on the manner of engagement between specific adjudicators embedded in these regimes. The book also provides critical discussion about the development of international economic judiciaries, and explores the role of judicial bodies as regime coordinators within specialized and regional regimes under international law. It demonstrates that despite criticisms of plurality as the dominant phenomenon in international economic adjudication, it is not the sole root of the issues examined. Scholars and students of international law, in particular those interested in international adjudication and international economic law, will find this book to be crucial reading. It will also prove useful for practitioners specializing in international economic dispute settlement.
This book offers a clear and structured examination of how joint bidding structures comply with competition rules in Europe. It explains how joint-bids could be considered as agreements aimed at distorting competition, the practice commonly referred to as bid rigging. The book demonstrates how the conclusion of joint-bid agreements could constitute grounds for exclusion from public procurement proceedings under Article 57(4)(d) of Directive 2014/24/EU. Key features include: a detailed overview of the EU and EFTA case-law relating to consortia agreements and associated competition rules application of the single economic unit doctrine in public procurement to the question of liability for participating in bid rigging a clear explanation of how the grounds for exclusion referred to in Article 57(4)(d) of Directive 2014/24/EU apply to third parties and subcontractors guidance on the interpretation of the regulations in relation to the exclusion of a contractor from public procurement proceedings information on self-cleaning activities which contractors can engage in in order to prevent exclusion. Combating Collusion in Public Procurement will prove an invaluable resource for legal practitioners, courts and review bodies dealing with public procurement and competition cases. The information provided on the current legislation ensures contractors, contracting authorities and antitrust authorities will also benefit from this book, together with researchers interested in the field.
Searching for paid tasks via digital labour platforms, such as Uber, Deliveroo and Fiverr, has become a global phenomenon and the regular source of income for millions of people. In the advent of digital labour platforms, this insightful book sheds new light on familiar questions about tensions between competition and cooperation, short-term gains and long-term success, and private benefits and public costs. Drawing on a wealth of knowledge from a range of disciplines, including law, management, psychology, economics, sociology and geography, it pieces together a nuanced picture of the societal challenges posed by the platform economy. Chapters present a comprehensive, multidisciplinary overview of the rise of gig work, reflecting on long-term developments in the gig economy and incorporating contemporary developments into the rich theoretical and empirical literature on the topic. Charting new research territory, the book addresses key academic and policy challenges, arming readers with relevant analytical tools and practical solutions to face common problems. This book comprises a key reference for future research on the topic as well as critical policy measures for addressing challenges relating to gig work. Offering an integrated outline of the latest insights, this book is crucial reading for scholars and researchers of the platform economy and gig work, outlining academic insights and empirical research, and illustrating a research agenda for future scholarship. The book's comprehensive approach will also benefit policy-makers, managers and workers as they confront the platform economy's wide variety of legal, economic and management challenges.
This is an indispensable and practical overview of the functions and liabilities of the insolvency practitioner (IP), bringing together the expertise of insolvency practitioners and specialist lawyers. It considers the circumstances in which IPs are appointed, their duties and their powers, before offering a detailed investigation into their potential professional liabilities, as well as in-depth guidance to practitioners and advisers as to how claims might be framed and defended. Utilising knowledge drawn from decades of practice, Insolvency Practitioners examines both reported case law and unreported cases from the authors' own experiences to provide unparalleled insight and information. It also discusses unresolved and tendentious matters such as aspects of remuneration, the end of personal IP licensing, and recent changes introduced by the Corporate Insolvency and Governance Act 2020, and provides clarity on the latitude given to IPs in exercising their commercial judgement. This book provides unique and comprehensive coverage of the significant body of case law in this area, and will prove essential reading for all IPs, insolvency and restructuring lawyers, as well as those dealing with matters relating to professional negligence. Its exploration of contentious issues in the field will also be of interest to academics and postgraduate researchers with a focus on insolvency law.
This insightful book offers a critical reflection on the sustainability and effectiveness of the Universal Declaration of Human Rights (UDHR) and its legacy over the last 70 years. Exploring the problems surrounding universality, proliferation and costs, it asks the provocative question, can we still afford human rights? Expert contributors illustrate the interdependence between these three key issues in an unprecedented way, addressing many of the contemporary criticisms voiced against the human rights system and the reasons for popular skepticism about human rights. In order to interrogate the deficiencies of the UDHR, chapters analyse the following questions: Can and should we keep claiming that human rights are universal? Is their proliferation rendering human rights meaningless? And have human rights become too costly? The book concludes that there is a pressing need for a renewed and lasting commitment to human rights. We cannot afford not to afford human rights. This book will be a valuable resource for academics and students of international relations, the political sciences and comparative legal studies. Covering policy and advocacy issues as well as the evolution of case law regarding particular human rights, it will also be beneficial for policy-makers and human rights practitioners.
This bilingual casebook is intended as a study aid for students of the general principles of the law of contract. Extracts from leading cases, supplemented by explanatory notes, are set out in traditional textbook style, which should provide students with easy access to cases.
This timely Research Handbook offers an insightful review of how legal systems - whether domestic, international or transnational - can and should adjust to fairly and effectively support loss and damage (L&D) claims in climate change law. International contributors guide readers through a detailed assessment of the history and current state of L&D provisions under the UN climate regime and consider the opportunities to fund L&D claims both within and outside the UN climate system. Split into four parts, the Research Handbook investigates the current legal frameworks for L&D across both public international law and domestic law. Chapters explore foundational issues including equity and justice and give a critical assessment of the current state and potential future evolution of international legal systems. The contributing authors also discuss the challenges faced by different legal systems in dealing effectively and fairly with L&D. Providing a comprehensive overview of this important topic, this Research Handbook will be an excellent resource for climate lawyers and policymakers. It will also be an invaluable read for academics and students researching environmental and climate issues.
This incisive book examines the role of Intellectual Property (IP) as a complex adaptive system in innovation and the lifecycle of IP intensive assets. Discussing recent innovation trends, it places emphasis on how different forms of intellectual property law can facilitate these trends. Inventors and entrepreneurs are guided through the lifecycle of IP intensive assets that commercialise human creativity. Utilising a range of sector-specific, interdisciplinary and actor-focused approaches, each contribution offers suggestions on how Europe's capacity to foster innovation-based sustainable economic growth can be enhanced on a global scale. This comprehensive book addresses the role of IP in public-private partnerships and business transactions and further explores how IP law can uphold distributive justice in the innovation society. Chapters span a range of topics of great societal interest, including standard essential patent licensing in the Internet of Things, patent quality concerns under competition law and the role of market-driven and legislative solutions to online music licensing. Intellectual Property as a Complex Adaptive System will be a key resource for students and scholars of IP law, innovation and economics. It will also be vital reading for practitioners, knowledge-intensive industry representatives and innovation and technology transfer specialists.
This cutting-edge book provides a thorough analysis of the transposition of the rules of the EU Damages Directive, examining their impact on the enforcement of competition law and the victim's right to full compensation. It also studies the possible consequences of an anticipated rise in civil damages actions in Europe and how this, in turn, may alter the effectiveness of the enforcement system. Applying insights from an economic analysis of law, Philipp Kirst investigates the effectiveness of the measures prescribed by the Directive that are intended to overcome the potential negative effects of increased private enforcement of competition law, offering concrete legislative proposals to combat these. Kirst focuses on three aspects that are crucial to achieving the Directive's main objectives: the EU leniency programme, the sanctioning methodology, and the allocation of civil liability among joint infringers. Furthermore, the book offers policy recommendations to reconcile both an effective enforcement regime and compensation of victims. Provoking debate on the ways in which a more integrated enforcement regime could be created, this book will be a crucial text for academics in the fields of competition and antitrust law and European law and economics. It will also be a key reference point for practitioners and enforcement agencies.
In ruling against the controversial historian David Irving, whose libel suit against the American historian Deborah Lipstadt was tried in April 2000, the High Court in London labeled Irving a falsifier of history. No objective historian, declared the judge, would manipulate the documentary record in the way that Irving did. Richard J. Evans, a Cambridge historian and the chief adviser for the defense, uses this famous trial as a lens for exploring a range of difficult questions about the nature of the historian's enterprise.
This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court's legal foundations, functioning and legitimacy, both in theory and in practice. Leading scholars and legal practitioners take a multidisciplinary approach to challenge the view that international law is not limited or bound by a particular culture, arguing instead that law and culture are intertwined. Analysing how culture influences views of the law, the facts to which it applies, and the fairness of the outcome, the contributors consider the implications of culture and law for the ICC and its international reach. Chapters discuss important intersections of law and culture, from religion and politics to the definition of international crimes and their interpretation by judges. Highlighting the inherent but often overlooked role of 'culture' at the ICC, the book puts forward recommendations to aid the Court s future considerations. This book is a valuable resource for academics and students in a variety of fields including law, criminology, anthropology, international relations and political science. Its practical focus is also beneficial for legal practitioners and civil society organisations working in international criminal justice.
Both law and economics and intellectual property law have expanded dramatically in tandem over recent decades. This field-defining two-volume Handbook, featuring the leading legal, empirical, and law and economics scholars studying intellectual property rights, provides wide-ranging and in-depth analysis both of the economic theory underpinning intellectual property law, and the use of analytical methods to study it. Volume 1 explores the the role that economic incentives play in promoting innovation and creativity. It also examines the analogy between intellectual property and tangible property, the economics of intellectual property institutions, and the interplay of intellectual property, development, and international trade. Volume 2 explores analytical methods used to study intellectual property law. The chapters survey data sources, the use of patent citation data, patent valuation, empirical studies of intellectual property modalities (patent, copyright, trademark, and trade secrets) and institutions, the impacts of technological change on technology and content industries, the use of experimental methods, economic history research, political economy, and knowledge commons research.
"Everything should be made as simple as possible but not simpler." -Albert Einstein. The authors of this book firmly believe in this principle. This book aims to explain labour law as simply as possible without losing the essence and importance of labour law rules in the workplace. This book uses plain and understandable language and practical examples to explain concepts. Visual aids such as tables or graphics and mind maps will explain difficult concepts further. In a nutshell, this book is an essential tool for any keen student or reader on the topic. This is a thoroughly revised new book, building on the foundations of the first three editions, but expanded and updated to meet the needs of the students using it. The fourth edition has: This well-established labour law text has been updated to reflect the law as of September 2020. Labour Law Rules provides an accessible and clear discussion of all relevant labour, employment equity, social security and related legislation. The book brings law and practice together. The text is supplemented with visual aids, examples and case law to clarify concepts. The book is aimed principally at students who engage with labour law for the first time during their BCom and LLB studies. The book will also be helpful for HR and IR personnel, project managers, supervisors and union officials. The contents are divided into four parts discussing individual labour law, collective labour law, social security law and other labour laws. The common law contract of employment is the basis of the relationship. The book explains how the Constitution, the BCEA, the NMWA, the LRA as well as the EEA supplement the relationship. The legal protection afforded to employees, including non-standard employees, is clarified. Dismissal, unfair labour practices, discrimination, harassment and the impact of transfers of a business on employers and employees alike are explained with reference to recent statutory and case developments. The book includes an analysis of collective labour law. Aspects such as collective bargaining, collective agreements, bargaining agents (for example, trade unions) and workplace forums are covered. The legal requirements for protected strikes, lock-outs, picketing and protest action are dissected and explained with reference to case law and practical examples. An important aspect of labour law that is often overlooked in the academic context is social security measures that impact on the workplace. The book covers the OHSA, MHSA, COIDA and UIA. The book concludes with an overview of so-called non-core labour legislation such as the Employment Services Act, the Skills Development Act, the Employment Tax Incentive Act, the Regulation of Interception of Communications and Provision of CommunicationsRelated Information Act and the Protection of Personal Information Act. Additional recommended reading is provided in a separate annexure for the keen reader. This book not only reflects on the rules of labour law but also shows that labour law, in the modern workplace, rules!
In this Research Handbook, today's leading experts on the law and economics of corporate bankruptcy address fundamental issues such as the efficiency of bankruptcy, the role and treatment of creditors - particularly secured creditors - in the bankruptcy process, the allocation of going-concern surplus among claimants, the desirability of liquidation in the absence of such surplus, the role of contract in bankruptcy resolution, the role of derivatives in the bankruptcy process, the costs of the bankruptcy system, and the special case of financial institutions, among other topics. Chapters trace the historical path of both law and policy analysis, with a focus on how the bankruptcy process serves underlying policy objectives. Proposals to reform corporate bankruptcy are presented. Research Handbook on Corporate Bankruptcy Law includes policy analysis by both lawyers and economists and is thus an invaluable resource to law scholars and students interested in the economic analysis of corporate bankruptcy law, as well as to economics and business scholars and students studying the law of corporate bankruptcy. These pages will prove equally valuable to lawmakers and judges who are interested in policy analysis of corporate bankruptcy. Contributors include: K. Ayotte, D.G. Baird, A.J. Casey, T.H. Jackson, M.B. Jacoby, E.J. Janger, S.J. Lubben, E.R. Morrison, J.A.E. Pottow, R.K. Rasmussen, M.J. Roe, A. Schwartz, M. Simkovic, D. Skeel, R. Squire, G. Triantis, M.J. White, T.J. Zywicki
The labour law applicable to the education environment is comprehensive and covers a vast variety of aspects that everyone within that environment will encounter at one time or another. In the past, most employees in education may have had a vague understanding of particular laws and regulations regarding conditions of employment, but now it is essential to have a basic understanding of all relevant laws and regulations that apply. Teachers, especially, could find themselves in a proverbial minefield if they do not ensure that they have a working knowledge of education law. This is evidenced by the numerous lawsuits, disputes, mediations, disciplinary hearings and often unpleasant implications for individuals (and their families) that arise from charges against offenders in all sectors of education. Legislative changes resulting from altered circumstances in education, have led to the need to be constantly aware of the implications and applications of such changes. This urgent need applies not only to principals, but to everyone involved in education. On the one hand the responsibility for correct application and implementation of education legislation lies with the governing body and the head of an institution, but on the other hand it affects the people who work there. The authors of this book have a keen understanding of this vital need, and address it most effectively from their own invaluable experience that stems from practical involvement and thorough research in the field of education.
This timely book provides a comprehensive survey of recent development in intellectual property (IP) law within the Association of Southeast Asian Nations (ASEAN) countries, written by experienced scholars and practitioners in the field. Divided into three insightful parts, the book looks into recent IP developments in individual countries, examining the relationship of ASEAN as a group with the wider region in IP matters, as well as providing comparative studies of copyright infringements, IP in agriculture, IP enforcement, and pharmaceutical patenting in the ASEAN countries. Chapters investigate further pressing topics such as IP related to the innovation economy, covering all countries of ASEAN, recently concluded bi- and multilateral agreements and ASEAN IP negotiations with China and other trading partners. Providing regional and international analysis of ASEAN IP law across multiple sectors, this book will prove a valuable resource for IP practitioners, legal academics and law students concerned with Asian IP law and innovation. Students interested in the intersection between IP law, economy and society, from disciplines such as economics, business and political science, will also benefit from this detailed read. |
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