Providing a comprehensive account of the often-misunderstood area of legal doctrinal scholarship, this incisive book offers a novel framing for conceptual legal theory and the functions of conceptual theorising in legal studies. It explores the ways in which a doctrinally-oriented legal theory may provide methodological support to legal scholars, arguing that making adequate sense of the rational reconstruction of law is pivotal in delivering such active support. The epistemological key to the central themes of the book is the idea that doctrinal disciplines are anchored in the concept of 'doctrinal knowledge', the practice-specific normative knowledge used to navigate institutionalised social practices. The distinctive epistemological and political philosophical grounding for legal doctrinal scholarship demonstrated in this book facilitates a rich analysis of the three core models of interdisciplinary engagement characteristic of legal scholarship. Considering how legal doctrinal scholarship cultivates doctrinal knowledge by way of hermeneutic engagement with positive law, this thought-provoking book will be a key resource for students and scholars of constitutional law, criminal law, private law and international law. It will also be of benefit to legal theorists, philosophers and practitioners.

This comprehensive Commentary presents a contemporary legal perspective on the inherently interdisciplinary field of children's rights. Chapters analyse each article of the Convention on the Rights of the Child, along with its Optional Protocols, providing contextualised information on the interpretation and implementation of the children's rights provisions therein. A detailed introduction examines the history of the Convention and places it within the wider landscape of human rights and other disciplinary approaches such as the sociology of childhood. The Commentary critically engages with the text of the Convention, exploring commonly used concepts and defining pertinent terminology. The authors draw on multiple perspectives and refer to disciplines outside of law to enrich the analysis of the articles, their interpretation and the study of children's rights as a discipline. Featuring examples of case law from regional human rights systems this Commentary provides a well-rounded insight into the status of children's rights on a global scale. Written in an accessible style, this Commentary will be a valuable reference work for students, researchers, practitioners and policymakers alike. The Commentary will be of great interest to those working within children's rights law and human rights law. Researchers in politics, sociology and international studies who are seeking further information and insight on the rights of children will also find this Commentary to be a useful point of reference.

This book examines the intersection of EU law and international arbitration based on the experience of leading practitioners in both commercial and investment treaty arbitration law. It expertly illustrates the depth and breadth of EU law's impact on party autonomy and on the margin of appreciation available to arbitral tribunals. Coverage includes: an analysis of the relevance of EU Law on the validity of international agreements to arbitrate consideration of the impact of EU law on challenges, recognition and enforcement of international commercial awards, and the relationship between anti-suit relief, EU law and the New York Convention a discussion of selected areas of intersection between EU law and international commercial arbitration, including the ECtHR, consumer protection, damages, competition damages, GDPR, commercial agency and others an introduction to the complex areas in which the EU regime and international investment arbitration laws intertwine, through a review of the development of the EU's investment policy an examination of the impact of EU Law on specific issues in international investment arbitration including the Energy Charter Treaty, procedural issues (both ICSID and non-ICSID), damages, taxation, and the proposed Multilateral Investment Court an appraisal of the potential of International Commercial Mediation and its interrelations with EU law. International Arbitration and EU Law is a specialist guide for arbitrators, lawyers, judges, and expert witnesses. It will also greatly benefit academics and advanced students working, researching or teaching international arbitration law.

Written with exceptional clarity, simplicity and precision, this short textbook provides a classic introduction to European law. Using a clear structural framework, it guides students through the subject's core elements and key issues, from the creation and enforcement of European law to the workings of the internal market. Chapters are enriched with figures and tables to clarify difficult topics and illustrate relationships and processes, ensuring that students understand even the most complex of concepts. The second edition has been updated throughout and includes an entirely new chapter on the internal market for goods. Two new practical appendices offer suggestions for further reading and guide readers through the process of finding and reading EU Court judgments. A companion website features full 'Lisbonised' versions of the cases cited in the text, links to EU legislation, downloadable figures and textbook updates.

This timely book explores how the internet and social media have permanently altered the media landscape, enabling new actors to enter the marketplace and changing the way that news is generated, published and consumed. It examines the importance of citizen journalists, whose newsgathering and publication activities have made them crucial to public discourse and central actors in the communication revolution. Investigating how the internet and social media have enabled citizen journalism to flourish, and what this means for the traditional institutional press, the public sphere, and media freedom, the book demonstrates how communication and legal theory are applied in practice. Peter Coe advances a concept of 'media as a constitutional component', which distinguishes media from non-media actors based on the functions they perform, rather than institutional status, and uses this to provide a conceptual framework that recognises modern newsgathering and publication methods. This interdisciplinary book analyses the legal challenges created across a range of topical issues, including online anonymity and pseudonymity, defamation, privacy and public interest, contempt of court and press regulation. Media Freedom in the Age of Citizen Journalism will be a key resource for students, scholars, practitioners and policy-makers of information and media law, constitutional administrative law, communication and media studies, journalism and philosophy.

Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary. This insightful Research Agenda explores the varied manifestations of organised crime, both on the street and through transnational enterprises, and reveals its impact on the integrity of the financial system. Leading academics identify measures which would disrupt and discourage these threats, however sophisticated, and consider avenues for future research. Taking an interdisciplinary approach to the multi-faceted dangers posed by organised crime, the book begins with an overview of the misconceptions surrounding the topic, evaluating the limitations of the traditional justice system in addressing corruption and conspiracy. Progressive chapters illustrate a practical knowledge of addressing such threats, identifying new directions for the study of concepts such as organised crime and power, as well as tackling the ways in which enterprises use money laundering to clean their proceeds. They also point to ways in which the law will need to develop to address the opportunities for cyber-enabled crime facilitated by recent technological developments. An engaging platform for future scholarship, this topical Research Agenda will prove a thought-provoking read for academics and policymakers in the areas of criminal justice law, criminology, corruption, and economic crime.

Aspects of education law provides a comprehensive description and analysis of the laws that currently inform, prescribe and influence the activities of educators and education managers, whether on the sports fields or in the boardroom, at the blackboard or behind a desk. This revised fourth edition of Aspects of education law places emphasis on the legal aspects that pertain to learner misconduct in South African schools, with extended chapters on human rights and school governance, and has been thoroughly updated in terms of new legislation and case law. It includes discussions of the position of the child as legal subject, the educator's duty of care and the administrative aspects of school management. Aspects of education law has become an essential resource for educators, lawyers, members of governing boards and parents, and all of those who are interested in ensuring high-quality schooling in South Africa. Previous editions have been hailed as being "among the highest in the international community" and "a must for ...scholars throughout the world with an interest in comparative education law" by American academics.

This incisive textbook enhances understanding of EU competition law, exploring significant substantive and enforcement issues relating to antitrust, merger control and state aid law. Providing an examination of well-established doctrines, landmark judgements and the impact of recent developments, this textbook also highlights the importance of the interplay between domestic and European competition law by discussing national competition rules and frameworks. Competition Law in the EU will be an invaluable resource for advanced undergraduate and masters-level students of European or comparative competition law. The textbook will also be beneficial to other postgraduate researchers and practitioners; in particular, it will be a useful guide for in-house company training courses. Key features include: A focus on the European and national dimensions of the EU competition rules, including the shared enforcement responsibilities of the European Commission and national authorities Analysis of recent developments in competition law, including digital markets Discussion of the impact of issues such as Brexit and the Covid-19 pandemic Critical assessment and thorough analysis of the most significant competition law issues.

EU Tax Disclosure Rules provides a comprehensive, practical guide to the 6th amendment of Council Directive 2011/16/EU on administrative cooperation in the field of taxation (known as DAC6). Florian Haase offers insight and clarity into the mandatory reporting obligations imposed by DAC6 on intermediaries engaged in tax matters involving cross-border activities, and in some cases taxpayers themselves, as well as the characteristics or 'hallmarks' outlined in the Directive that trigger these obligations. Key features include: a critical examination of the Directive's mechanism an overview of the status of implementation in EU Member States a contextual consideration of the legislative environment in which DAC6 operates insights into practical issues that may arise from the viewpoint of intermediaries and relevant taxpayers discussion of potential future developments of the Directive. The detailed coverage of the Directive and its implications contained in this new work will prove invaluable for all tax practitioners advising on EU tax law, including tax advisors, lawyers, mergers and acquisitions advisors, and in-house counsel for banks. It will also be of interest to academics working in tax law, as well as in commercial law and EU law more generally.

EU Telecommunications Law provides a comprehensive overview of the current European regulatory framework as it applies to telecommunications and examines the challenges facing regulators in this sector. Key chapters focus on the selection of appropriate regulatory models that serve to encourage effective investment in next-generation networks and ensure their successful deployment. Andrej Savin provides an up to date overview of all the relevant sources, guiding the reader through these disparate materials in a simple and systematized way. In particular, the book provides analysis of the 2016 proposal for a European Electronic Communications Code (EECC). Using the 2009 Regulatory Framework on electronic communications as a basis the author analyses each of the 2009 framework?s five main directives, comparing them with the changes proposed in the EECC. Providing a comprehensive introduction to the main areas of EU telecoms regulation, this book will be of great value to telecoms and IT lawyers. It will also appeal to academics carrying out research in IT law or competition law as it relates to IT and telecoms.

This timely Research Handbook examines the increasingly economically vital topic of corporate restructuring. Reflecting a shift in the global approach to insolvency towards a focus on rescuing viable businesses rather than liquidation, chapters consider all areas of the law closely connected to corporate insolvency, rehabilitation and rescue, as well as the introduction of the EU Preventive Restructuring Directive and other reforms from around the world. Featuring international expert academics, practitioners and judges, the Research Handbook takes a thematic approach, exploring national and international models for rescue, stakeholders in insolvency, corporate structures and organisational models, specialist process issues, and institutional support, as well as interdisciplinary and cross-field aspects of insolvency and restructuring. Contributions analyse issues from a broad variety of perspectives, including the economic and social aspects of insolvency, and provide a comparative discussion of topics that will further inform global academic debate in this area. Scholars and students of corporate and insolvency law, commercial law, and law and economics, will find the inter-disciplinary legal, theoretical and jurisprudential discussion invaluable. The analysis of current reform agendas, practical and alternative solutions to common problems, and comparative approach will also be of interest to practitioners and policymakers.

Law is a radical and accessible look at the English legal system. It aims to set out a highly critical examination of the English legal system and legal profession. The politicised nature of the critique distinguishes the book from others and provides an alternative approach currently lacking from legal publications. Its aims are: To illustrate the central role of money in the English legal system. To explain the ongoing presence of class justice. To revisit dissenting voices of English law. To discuss law as an industry. To continue to emphasise the illegality of the Iraq war. To argue for the demystification of English legal rules. To put forward realistic suggestions for alternative legal practice.

Based on the author's first-hand experience as a UN Special Rapporteur, this thought-provoking and original book examines the values of Eastern civilisations and their contribution to the development of the UN Human Rights agenda. Offering an authoritative analysis of Hindu and Buddhist traditions, Surya P. Subedi, KC, focuses on the norms underpinning these two seminal Eastern philosophies to assess the extent to which the ancient civilisations already have human rights values embedded in them. Chapters explore the expression of values in the scriptures and practices of these philosophies, assessing their influence on the contemporary understanding of human rights. Rejecting the argument based on ''Asian Values'' that is often used to undermine the universality of human rights, the book argues that secularism, personal liberty and universalism are at the heart of both Hindu and Buddhist traditions. The unique perspective offered by Human Rights in Eastern Civilisations will appeal to students, academics and researchers in a wide range of disciplines, including human rights, international law and relations, and religious studies.

Now in its 9th Edition this proven textbook provides a comprehensive yet concise introduction to Business Law, including Contract Law, Tort Law, Commercial Law and Employment Law. The aim is to explain Business Law in a straightforward and accessible way. Business Law 9e is fully up to date and includes coverage of the most recent legislation concerning corporate manslaughter, compensation, equality, flexible working and misleading marketing. The Companies Act 2006 is given full and comprehensive coverage. Recent European legislation on unfair business practices, equal treatment and consumer protection is included. Current case law is thoroughly reviewed and throughout the text hundreds of cases are referenced and described. Business Law 9e is ideal for use on undergraduate Business Law modules taken by business studies, accounting, marketing, design and technology, health studies and food science and other non-law students. It covers the business law syllabus requirements of many professional and examination bodies such as the Chartered Institute of Management Accountants, the Association of Chartered Certified Accountants, the Institute of Chartered Secretaries and Administrators and the Institute of Personnel Development. It is also suitable for the GNVQ Business Law option.

This illuminating book offers a timely assessment of the development and proliferation of precursor crimes of terrorism, exploring the functions and implications of these expanding offences in different jurisdictions. In response to new modes and sources of terrorism, attempts to pre-empt potential attacks through precursor offences have emerged. This book examines not only the meanings and effectiveness of this approach, but also the challenges posed to human rights and social and economic development. Featuring contributions from leading academic and practitioner experts in counter-terrorism law, the book covers the broad scope of activities tackled by these new legal interventions, including membership, collaboration, communications, training and financing. Taking a comparative approach that relies on extensive experience in various jurisdictions, including the UK and Spain, the chapters also discuss important related issues such as international cooperation, investigations and penology, offering insights into the context of policies and practices. Scholars and advanced students of criminal and human rights law with an interest in terrorism and terrorism offences will find this book essential reading. It will also benefit legal practitioners and policy makers in fields such as international criminal law cooperation and counter-terrorism.

This important book focuses on how newly emerging institutions for future generations can contribute to tackling large scale global environmental problems, such as threats to biodiversity and climate change. It is especially timely given the new global impetus for decarbonisation, as well as the huge growth of climate litigation and climate protest movements, often led by young people. Global environmental crises and reactions against short-term thinking have spawned new institutions aimed at giving a voice to future generations in policy-making, such as dedicated commissioners. This book looks at why we need such institutions using approaches from ethics, human rights, sustainable development, intergenerational justice and administrative law. How to design such institutions to maximise their effectiveness, operating principles for such institutions, and case studies from around the world are canvassed. A range of reform proposals are also explored, including mainstreaming future generations' voices in parliamentary processes, commissioners for future generations, human rights-based bodies and deliberative assemblies. This collection brings together philosophers, political and social scientists, lawyers and practitioners. It provides both an introduction to the field and a scholarly in-depth set of studies. It will appeal to academics, policymakers and civil society.

This comprehensive volume of the Elgar Encyclopedia of Environmental Law provides an overview of the major elements of energy law from a global perspective. Based on an in-depth analysis of the energy chain, it offers insight into the impacts of climate change and environmental issues on energy law and the energy sector. This timely reference work highlights the need for modern energy law to consider environmental impacts and promote the use of clean energy sources, whilst also safeguarding a reliable and affordable energy supply. Featuring 65 entries written by leading international scholars and practitioners in the field, the volume is organised into eight thematic parts, each focusing on a specific area of the energy sector. Topics covered include international energy cooperation, the regulation and governance of energy markets, legal regimes governing renewable energy sources, regulation of the transport and supply of energy, consumer protection, and energy savings mechanisms. Providing an authoritative analysis of key developments in this significant area of law, this volume will be an invaluable resource for researchers, academics and students. Its insights into governance and regulation in the sector will also prove useful to practitioners and policymakers.

The Companies Act (No. 71 of 2008), as now amended by the Companies Amendment Act (No. 3 of 2011), introduced many concepts, principles and rules that were foreign to South Africa's common law. However, the new Act does not indicate clearly to what extent it replaces the common law. Corporate law for commerce students is thus a much-needed guide to the structure and fundamentals of the new company regime. Corporate law for commerce students covers three types of business venture, namely partnerships, companies and close corporations, which each carry different rights and obligations, and ultimately liabilities, for the entrepreneur. It discusses, inter alia, how to choose the right option for a specific business; the partnership concept, the establishment of a legal personality; compliance, transparency and accountability; shares, securities, stock and debt instruments; fundamental transactions, takeovers and offers; business rescue and compromise with creditors; and termination and dissolution - all within the framework of the new Companies Act and the common law. It includes figures, tables and mind maps to clarify each topic, and provides assessments at the end of each chapter. Corporate law for commerce students is aimed both at students who are studying Commercial Law, Business Entities or Corporate Law and practising accountants and auditors.

This insightful book proposes taking inspiration from EU competition law structures to inform and implement a more economic approach in WTO law. The book provides a detailed account of the two legal systems regarding likeness, harm, and remedies, in order to draw comparisons. Taking a unique approach in synthesizing law and economics with comparative law methods, it considers WTO law holistically to propose a legal transplant from EU competition law to WTO law. Drawing from EU competition law, the book generates comparative ideas that can improve the understanding of fundamental WTO concepts such as likeness, less favourable treatment, discrimination, trade harm, trade effects, and the level of permissible countermeasures. Based on this analysis, the author offers normative suggestions to improve the efficiency of WTO law through correct implementation of a more economic approach. As part of this approach, the author recommends an increased capacity for all key actors involved in WTO dispute settlement. Exploring key WTO concepts and employing law and economics benchmarks to make comparisons, this thought-provoking book will be of benefit to scholars and students of law and economics, global transnational law and WTO law in particular. It will also prove valuable for practitioners and policy makers involved in international trade law and dispute settlement.

This timely and incisive book combines an introduction to the core legal and policy issues presented by climate change with a deeper analysis of decisions that will define the path forward. Offering a guide to key terms, concepts, and legal principles in the field, this book will help readers develop a sophisticated perspective on issues central to climate change law and policy. Building a pathway to literacy in climate change policy, chapters provide an accessible overview of key energy regulations and laws governing energy projects, legal mechanisms to regulate GHG emissions, and the role of state and local governments in developing mitigation and adaptation policy, particularly in the building and transportation sectors. The authors highlight the relationship between human rights and climate change using the framework of human rights law, analyze the use of litigation to compel climate change mitigation and adaptation and suggest ways to achieve international cooperation. Providing a deep understanding of ongoing debates about the design and implementation of climate change law and policy, this book will be an essential resource for students and researchers of environmental and climate change law, governance, and regulation. It will also be useful for policymakers and practitioners in the field for its practical insights into future developments and solutions.

Challenging current attitudes to governance and regulation in business, this timely book ascertains how regulatory approaches can innovate to ensure sustainable business that contributes to social justice for current and future generations within ecological limits. Combining a research-based approach with a gendered perspective of how sustainability goals are shaped and how businesses should engage with them, this pioneering book creates a comprehensive and contemporary understanding of what sustainability means for business. Identifying the limitations of current approaches to gender and equality alongside the weaknesses of current regulatory and theoretical approaches in business, chapters seek to enhance the practical understanding and embeddedness of sustainability into business within legal and regulatory landscapes. Insights from an international collection of expert scholars in fields ranging from sustainability science to law offer meaningful alternatives to the sustainable business status quo on both conceptual and concrete levels. Providing a regulatory analysis of business positioned in a systems-based sustainability research framework, this book will prove an invaluable resource for students and scholars of sustainability science, business and management, and law and regulation. With practical insights, it will also prove essential for policymakers working in business regulation and sustainability in business.

Immigration Law in South Africa outlines the existing law applicable to foreigners as reflected in the Immigration Act, the Citizenship Act, the Domicile Act and the Extradition Act as at 31 July 2017. The book also draws attention to the policy shifts by the South African government in the White Paper on International Migration, the Border Management Act, and the Discussion Paper on the repositioning of the Department of Home Affairs within the security cluster. Immigration Law in South Africa comprises three parts. Part One contextualises migration at an international level and within South Africa. This part discusses the concept of migration in the context of South Africa and on the international stage and how the human rights perspective has developed the notion of migration in South Africa. Part Two examines South African immigration law specifically - whom the state allows to enter and leave, who is considered undesirable or prohibited, permanent residence, and the various types of short-term visas that are offered to foreigners. Part Three considers the penalties that South Africa can impose on foreigners who violate the immigration laws of South Africa: the deportation, detention and extradition laws relating to immigrants in South Africa are examined.

Making a timely contribution to the legal literature, this important book discusses an under-analysed issue of great importance to international peace and security. It provides a comprehensive overview and analysis of the prevention of nuclear terrorism specifically through an international (arms control) law lens. Jonathan Herbach sets out a basis for better understanding how the international legal framework for nuclear security is structured and why it is structured that way, and offers a critical analysis of the component instruments that make up the framework. He highlights the strengths and analyzes possible gaps and weaknesses of these instruments and the legal framework as a whole, as well as explaining the framework's key characteristics, approaches and rationale. As nuclear security is by no means a static topic, with changing circumstances a defining feature of the area, the book also offers ideas for the path forward and conceptualizes ways to further strengthen the nuclear security legal framework. Offering a fresh perspective on the prevention of nuclear terrorism, this book will benefit academics and students of public international law, counter-terrorism and conflict and security law. It will also be a useful resource for governmental legal advisors, think-tanks and diplomats to inform their work on means and mechanisms to help strengthen the global nuclear security regime and to provide guidance for decision-making.

This timely book examines the ever-increasing prevalence of Central Purchasing Bodies (CPBs), analysing their use and structure across different EU Member States. It argues that since CPBs are only partially regulated at EU level, their operations will depend on the legislation of the individual Member States and more importantly on the States' distinct practices and traditions. Comparative contributions consider the legal nature and structures of CPBs across 12 Member States and the UK. Through comprehensive comparative analysis, this book investigates competition law and SMEs, economic and management perspectives, and centralised public purchasing during the COVID-19 pandemic within the sphere of CPBs and joint procurement. Chapters explore the use of procurement techniques and electronic instruments by CPBs and the liability and remedies perspectives of CPBs and their users. Providing a complete overview of CPBs structure in different Member States and the aspects of joint procurements, Centralising Public Procurement will be of interest to students and scholars of European and commercial law. It also offers important insights for CPBs themselves, practitioners and policy-makers, as well as contracting authorities using CPBs in the different Member States.