Wild Law weaves politics, legal theory, quantum physics and ancient wisdom into a fascinating and inspiring story about how to rediscover a viable role for the human species within the Earth community.

This title has been seminal in inspiring the global movement to recognise rights for Nature - a movement destined to shape the 21st Century as significantly as the human rights movements shaped the 20th Century. Wild Law reveals how the governance systems of contemporary civilisations legitimise and promote the disastrous exploitation and destruction of Earth and why an Earth-centred approach is essential to address climate change and the accelerating degradation of the ecological systems on which we depend. Cormac Cullinan explains how to begin transforming industrialized societies to ensure that the pursuit of human wellbeing enhances the beauty, health and diversity of Earth instead of diminishing it.

This edition includes a new preface, postscript and the Universal Declaration of the Rights of Mother Earth proclaimed on 22nd April 2010 by the People's World Conference on Climate Change and the Rights of Mother Earth.

Because of the complexity of the National Building Regulations document, this book has been written as a comprehensive reference to that text. It addresses both conventional and unconventional methods of home building, and is aimed at all builders, from small contractors to large developers.

Mediation in family & divorce disputes is intended as a handbook for mediators and clients who are involved with family and divorce disputes. It distills 20 years’ of priceless experience into a succinct and lucid handbook that will be invaluable to attorneys, mediators, social workers, psychologists and parties to disputes, helping clients to decide whether they would like to try to resolve their dispute through mediation and professionals to reflect on the fundamental principles and practical applications of their work. The goal of mediation is to enable clients to negotiate an effective settlement of their dispute, rather than necessarily reconciling – although occasionally that is a result of mediation. In a real sense mediation coaches clients to negotiate effectively. It is about helping clients to negotiate mutually acceptable, realistic and legal settlements of their disputes. Although the book is written in a South African context, the principles will apply and be of interest beyond South Africa and to all mediators and clients in mediation whether their primary focus is on family disputes or not. For mediators the book sets out to provide practical and theoretical guidelines for their work. The practice tips, further reading suggestions and references serve as an introduction to some of the work of leading mediators in the field for those readers who would like to develop a deeper understanding of the process. The book is also designed to be of use to those who have recently been trained as mediators or will soon be trained, as it complements the material usually presented in such training. For clients it explains what they can expect in the mediation process, tips as to what to look for in a mediator and what they can do to prepare for their mediation in order to get the most out of the process. Each chapter includes tips for mediators and for clients, as well as suggested further reading if you want to follow up in more depth on a topic covered in one of the chapters.

Creativity has been integral to the development of the modern State, and yet it is becoming increasingly sidelined, especially as a result of the development of new machinic technologies including 3D printing. Arguing that inner creativity has been endangered by the rise of administrative regulation, James Griffin explores a number of reforms to ensure that upcoming regulations do take creativity into account. The State of Creativity examines how the State has become distanced from individual processes of creativity. This book investigates how the failure to incorporate creativity into administrative regulation is, in fact, adversely impacting the regulation of new technologies such as 3D and 4D printing and augmented reality, by focusing on issues concerning copyright and patents. This is an important read for intellectual property law scholars, as well as those studying computer science who wish to gain a more in-depth understanding of the current laws surrounding digital technologies such as 3D printing in our modern world. Legal practitioners wanting to remain abreast of developments surrounding 3D printing will also benefit from this book.

This book provides a comprehensive analysis of the international legal dimension of the management of the risk of accidents associated with offshore oil and gas activities. The editors cover the prevention and minimization of harm as well as the post-accident management of loss through liability and compensation arrangements and the processing of mass claims for compensation. While postulating a public international law framework for offshore oil and gas operations globally and exploring critical elements thereof, this book draws heavily on comparative assessments of domestic concepts and approaches, especially as regards offshore safety, liability for and compensation of harm, and mass tort claims procedures. With a team of experts from all over world as contributing authors, the book offers a unique perspective on what remains a pressing international concern: The safety of offshore operations globally and the proper allocation of loss should a major accident occur. Government officials, international civil servants and academics in related fields will find the book a valuable resource.

This introductory-level textbook provides a clear and concise overview of commercial law for undergraduate law students. Covering all the key areas of law that may be included in a commercial law module, including agency, sale of goods, bailments, carriage of goods, commercial financing, and conflict of laws, it also introduces relevant elements of related fields such as banking and insolvency law and touches on emerging issues such as cryptocurrencies. Key Features: Accessible and conversational prose A tight focus on core knowledge with manageable levels of detail Important concepts, cases and legislation are highlighted for ease of reference Student-friendly layout with key lessons and learning objectives clearly identified Principles of Commercial Law is perfectly suited to law students studying undergraduate commercial law modules in their second or third years. It will also be beneficial as an accessible introductory text on higher level courses for students who are newer to the topic.

This thought-provoking book explores the emerging construction of a customary law of peace in Latin America and the developing jurisprudence of the Inter-American Court of Human Rights. It traces the evolution of peace as both an end and a means: from a negative form, i.e. the absence of violence, to a positive form that encompasses equality, non-discrimination and social justice, including gendered perspectives on peace. Cecilia M. Bailliet offers an overview of the normative and institutional development of peace in Latin America, before examining the heterogeneous iterations of peace within Latin American constitutions and the pluralistic views of current and former judges in the Inter-American Court of Human Rights. The book argues that these national variants should be in accordance with the American Convention on Human Rights and related instruments as a minimum framework, and should be interpreted in pursuit of the pro homine principle, in which the most favourable law is applied to benefit individuals regardless of its origin or status. It also presents an overview of the historic protest marches of 2019 and the phenomenon of oppressive peace tactics by the State. This book will be critical reading for scholars and students of peace studies, human rights, Latin American studies, gender studies, constitutional and international public law, and legal history. It will also be of interest for policy makers and peace practitioners both in Latin America and beyond.

The Law & Practice Of Interdicts is the successor to Interlocutory Interdicts (1993) by the same author. This publication serves as a comprehensive resource book on interdicts and consists of two parts.

Part A, “The Requirements of the Law of Interdict”, is an updated and expanded version of Interlocutory Interdicts. It deals with the nature, history and development of interdictal applications in South Africa, including a useful comparison of the English and South African law on the subject.

Part B, “Practice” consists of eight chapters dealing with the procedure; the court’s discretion; urgency; jurisdiction; locus standi; the discharge, referral and variation of interdictory orders; appeals and costs.

This important Research Handbook explores the nexus between human rights, poverty and inequality as a critical lens for understanding and addressing key challenges of the coming decades, including the objectives set out in the Sustainable Development Goals. The Research Handbook starts from the premise that poverty is not solely an issue of minimum income and explores the profound ways that deprivation and distributive inequality of power and capability relate to economic, social, cultural, civil and political rights. Leading experts in the human rights field representing a range of disciplines outline a future research agenda to address poverty and inequality head on. Beginning with an interrogation of the definition of poverty, subsequent chapters analyse the dynamics of poverty and inequality in relation to matters such as race, gender, age, disability, sexual orientation, geography and migration status. The rights to housing, land, health, work, education, protest and access to justice are also explored, with a recognition of the challenges posed by corruption, climate change and new technologies. The Research Handbook on Human Rights and Poverty is an essential reference guide for those who teach in these areas and for scholars and students developing future research agendas of their own. This will also be a much-needed resource for people working practically to address poverty in both the Global North and Global South.

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. This important Advanced Introduction considers the multiple ways in which law and entrepreneurship intertwine. Shubha Ghosh expertly explores key areas defining the field, including lawyering, innovation policy, intellectual property and economics and finance, to enhance both legal and pedagogical concepts. Key features include: a survey of critical scholarly articles in the field of law and entrepreneurship analysis of challenges to legal professions in the new technological environment traces the roots of law and entrepreneurship to scholarly study of intellectual property. This Advanced Introduction will be a useful resource for scholars and instructors in law and business schools who teach courses on innovation and entrepreneurship. Students at both undergraduate and postgraduate levels will also appreciate the insights provided into the basic concepts, methods and future research directions.

This timely book addresses the need for further measures to reduce greenhouse gas emissions in the European Union, arguing that the EU Emissions Trading Scheme does not offer sufficient incentives for the carbon-intensive materials sector. It highlights the challenge that emissions from industries such as iron and steel, cement and aluminium, amongst others, pose to the EU's commitment to significantly cut emissions by 2030. Offering an in-depth review from an economic and legal perspective, Manuel Haussner explores these carbon-intensive sectors and their contribution to current emissions, and provides insightful suggestions on how a consumption-based carbon charge would create incentives for deep decarbonisation. He demonstrates how the design of such a charge would comply with the EU's obligations and WTO's legal requirements, and illustrates how such a charge would be drafted, providing guidance on administering carbon taxation and analysing carbon charges alongside the EU recommended portfolio of policy instruments. This thought-provoking book will be an essential read for all policymakers, consultants and practitioners working in environmental law and policy in the EU. It will also be valuable to scholars working at the intersections of economics and environmental and energy law.

Citizenship is an ever-evolving and expanding concept. European citizenship is all the more so. This book considers the role that the institutional design of the European Union plays in extending the rights of EU citizens. With chapters from leading researchers in the field, Democratic Empowerment in the European Union outlines the core themes relating to democratic empowerment in the EU. It examines the channels that are being made available by EU policymakers to help increase democratic participation, as well as the hindrances to, and the problems associated with, democratic empowerment. With its groundbreaking account of the ways in which EU citizens are hampered in exercising their democratic citizenship, and proposals for how they might be further empowered to do so, this book is an important addition to the literature on the subject, and offers an excellent introduction to this crucial issue. Democratic Empowerment in the European Union will be essential reading for students of politics and both social and public policy with interests in democracy and citizenship, as well as European policymakers seeking to understand and encourage democratic engagement. Contributors include: W. Bakker, T. Binder, R.I. Csehi, F. Cheneval, K. Dinur, O. Eberl, M. Ferrin, R. Fransen, D. Gaus, A. Gerbrandy, H. Haber, P. Kaniok, V. Koska, N. Kosti, D. Levi-Faur, S. Seubert, C. Struenck, U. Puetter, F. van Waarden, R. Zwieky

In recent years, the international engagement of the EU's decentralized agencies has continued to increase in the absence of a clear political and legal framework for their activities. This timely book addresses urgent questions about these agencies' external actions and their effects, how these should be conceptualized and assessed, and how they can and should be governed in the future. Bringing together pioneering interdisciplinary work from European legal and political scholars, this book combines theory with empirical case studies to explore an underdeveloped field and identify a future research agenda. Chapters first comprehensively examine the relevant legal frameworks and the political aspects of these decentralized agencies' external activities, before exploring the questions this raises around their own and the EU's legitimacy and accountability, and the impact of agencies on countries outside the EU who have dealings with them. Scholars in law, political science, economics and public administration will find this book invaluable, particularly those working on external relations, agencification or institutional innovation. It will also prove useful to policymakers at EU and national level, as well as other stakeholders such as non-EU countries and international organizations.

The first book of legal advice for the hip hop generation, Covering areas ranging from how to secure the best public defender to what to do when driving DWB, this is a step-by-step guide to the criminal system for those who need it most written by a criminal defense attorney who knows this world from the inside out. A counterpoint to the Law and Order justice the public sees and believes in. This is the real criminal justice system, as told from someone inside, someone fights it ever day. This is not a manual for how to get off, how to be a better criminal. It is proof that the system will eat you up and spit you out if you dare to become involved or think you can beat it. Raw Law authoritatively addresses the legal issues faced by the hip hop generation, and offers a simple guide on how to avoid certain situations and how to learn and respond to others. Here readers will learn the truths and untruths of the justice system and how they can protect themselves from the worst of it. But most of all, they will learn how to follow the first rule of the criminal justice system: AVOID IT AT ALL COSTS.

This insightful book analyses the process of the first adoption of guiding human rights principles for education, the Abidjan Principles. It explains the development of the Abidjan Principles, including their articulation of the right to education, the state obligation to provide quality public education, and the role of private actors in education. Multidisciplinary in approach, both legal and education scholars address key issues on the right to education, including parental rights in education, the impact of school choice, and evidence about inequities arising from private involvement in education at the global level. Focusing on East African and francophone countries, as well as the global level, chapters explore the role and impact of private actors and privatization in education. The book concludes by calling for the rights outlined in the Abidjan Principles not to remain locked in text, but for states to take responsibility and be held to account for delivering them, as promised in international human rights treaties. Interpreting human rights law as requiring that states provide a quality public education, this book will be a valuable resource for academics and students of education policy, human rights, and education law. It will also be beneficial for policy makers, practitioners, and advocacy groups working on the right to education.

This is a concise and accessible introduction to fundamental rights in Europe from the perspectives of history, theory and an analysis of European jurisprudence. Taking a multidisciplinary approach, the book equips readers with the tools to understand the foundations and the functioning of this complex and multi-layered topic. Key Features: A combination of historical and philosophical approaches with analysis of significant legal cases A multidisciplinary outlook, in contrast to the strict legal approach of most textbooks on the subject A European perspective which refers throughout to central European values such as freedom, equality, solidarity and dignity A specific focus on fundamental rights, which have received less attention in the fields of legal history and theory in comparison to human rights This textbook will be an important resource for both undergraduate and postgraduate students in law, philosophy and political science. It will be particularly useful to those studying the law of fundamental rights or human rights as a complement to more traditional legal approaches.

This forward-thinking book examines numerous features in the European Union (EU) legal system that serve to reduce legal uncertainty in the preliminary reference procedure and the rulings of the Court of Justice. Drawing on theories from legal realist Karl Llewellyn, legal steadying factors such as legal doctrine and interpretative techniques are reviewed alongside the primary focus of this book, extra-legal steadying factors. As well as focusing on the contribution made by judges' legal backgrounds, John Cotter also investigates the role of the balance between institutional and personal independence and accountability. He further applies Karl Llewellyn's approach and re-models it into a European setting, identifying the EU legal system features that assist in promoting decisional steadiness in the preliminary reference procedure. Exploring also the significance of procedural rules and practices at the Court of Justice in steadying outcomes, this book will be an excellent resource for scholars of the EU legal system. Its analysis of the role of factors that steady the rulings of the Court of Justice of the European Union will also make this a useful read for legal theorists interested in examining the factors that influence judicial decision-making.

THE SUNDAY TIMES BESTSELLER SHORTLISTED FOR THE CWA GOLD DAGGER FOR NON-FICTION 2021 SHORTLISTED FOR THE INDIE BOOK AWARD FOR NON-FICTION 2022 'Brilliant, passionate and political . . . The Book of Trespass will make you see landscapes differently' Robert Macfarlane 'A remarkable and truly radical work, loaded with resonant truths' George Monbiot The vast majority of our country is entirely unknown to us because we are banned from setting foot on it. By law of trespass, we are excluded from 92 per cent of the land and 97 per cent of its waterways, blocked by walls whose legitimacy is rarely questioned. But behind them lies a story of enclosure, exploitation and dispossession of public rights whose effects last to this day. The Book of Trespass takes us on a journey over the walls of England, into the thousands of square miles of rivers, woodland, lakes and meadows that are blocked from public access. By trespassing the land of the media magnates, Lords, politicians and private corporations that own England, Nick Hayes argues that the root of social inequality is the uneven distribution of land. Weaving together the stories of poachers, vagabonds, gypsies, witches, hippies, ravers, ramblers, migrants and protestors, and charting acts of civil disobedience that challenge orthodox power at its heart, The Book of Trespass will transform the way you see the land. --------------- A GUARDIAN, i AND SPECTATOR BOOK OF THE YEAR

This edition of Kernick's Administration of estates and drafting of wills follows the same approach that has made it, for nearly thirty years, so indispensable to busy legal practitioners and candidate attorneys. It sets out, in chronological order, the steps to be followed in administering deceased estates, of both residents and non-residents. In addition, the effects of the Moseneke and Bhe cases and the establishment of service points are dealt with in this edition. Forms, standard documents and specimen letters have also been updated.

As an edifice to the impact of law in modern society, each essay systematically analyses the massive overhaul of the former oppressive laws by pro-active legislation and the consequent interpretation of those laws by an active judicial branch aided by the values entrenched in the constitution. The sub-themes dictate a wide-ranging coverage of areas of present-day legal developments. Accordingly, the title commences with a discussion on the enforcement of socio-economic rights in the Bill of rights. It focuses on the controversies surrounding the provision by government of the drug, Nevirapine, to prevent mother-to-child transmission of HIV/AIDS. The title then examines legal responses to the problems faced by children in light of the fact that the constitution has elevated the rights of the child to a fundamental right. One area of controversy and persistent wrangling that will not go away in a hurry is the "land question" which fittingly elicits discussion in the book. Other fundamental rights issues discussed in this title include the recent protection of the environment through law, the reform of the outdated social security system and the right to fair administrative action. Changes brought about by the constitution are not solely confined to the areas of public law. They similarly affect other branches of the law through the horizontal application of the Bill of rights, hence the discussions in the book on vital topics in mercantile, company and labour law.

This significantly revised and expanded third edition of Comparative Contract Law brings together extracts from legislation and court practice in a way that enables students to experience comparative law in action. Promoting a 'learning-by-doing' approach to comparative contract law and comparative methodology, this unique guide to European and international contract law is marked out by the following features: A comparative perspective on highly topical, real-life issues of contract law; Materials from some 30 jurisdictions in both their original languages and in high quality translations, with information on smaller and medium-sized jurisdictions further diversified; An opportunity for students to solve scenarios according to the laws of different jurisdictions, to compare and evaluate the solutions and approaches they identify, and to better understand the diverse approaches to modern contract law; NEW! Concise introductions to the history of each country and its private law system, informing readers about the key data before they are invited to work with material from that jurisdiction; NEW! A chapter on 'contractual penalty clauses', a frequent occurrence in contractual practice; NEW! Full integration of the Chinese Civil Code which entered into force in 2021. Essential reading for all students of comparative contract law and methodology, thi the s third edition remains a vital teaching and learning resource, and a practical guide for those seeking to familiarise themselves with real-world materials and to better understand the diverse approaches to modern contract law.