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Books > Law > Laws of other jurisdictions & general law
Contemporary Issues in Mediation (CIIM) Volume 7 builds on the
success of the past six volumes as a testament to a growing
interest of authors and readers in the wide variety of issues
related to mediation. With the entry into force of the Singapore
Convention on Mediation in 2020, mediation is and will continue to
be increasingly pertinent in the world of dispute resolution.
Readers stand to benefit from a diverse range of topics selected
for their high quality of research and novelty. CIIM Volume 7
explores the role of mediation in the post-pandemic era, providing
interesting perspectives on issues ranging from victim-offender
disputes in the community to the resolution of inter-state armed
conflicts. Edited by Singapore's leading expert on mediation and
negotiation and Chairman of Singapore International Mediation
Institute, Professor Joel Lee; Country Manager (Singapore) for
Lupl, Marcus Lim; and Managing Partner of CJ Liew & Co,
Josephine Hadikusumo, CIIM is a unique and valuable addition to the
growing body of mediation and dispute resolution literature.
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. Focusing on the adoption of the UN Guiding Principles on
Business and Human Rights (UNGPs) in 2011, this timely book charts
the field of business and human rights, finding that corporate
responsibility to respect human rights is gradually evolving into a
binding legal duty in both national and international law.
Following the structure of the UNGPs, Peter T. Muchlinski also
covers the state duty to protect against business violations of
human rights, the corporate responsibility to respect human rights
and access to remedies for corporate violations of human rights.
Key Features: A detailed, critical, appraisal of the UNGPs in their
historical, legal and political contexts Coverage of developments
in national law and policy to further the state's duty to protect
against business violations of human rights An interdisciplinary
perspective drawing on history, law, business ethics, politics, and
ideas of corporate governance with a view to introducing the field
to readers with diverse specialist backgrounds Coverage of new
directions for business and human rights including calls for new
mandatory corporate liability laws, a legally binding international
treaty and new multi stakeholder initiatives for developing
business and human rights standards This Advanced Introduction will
be a key guide for students and researchers in the fields of
business and human rights, international law and business ethics,
as well as lawyers and business managers who need an accessible
primer to business and human rights.
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.
In a digitally connected world, the question of how to respect,
protect and fulfil human rights has become unavoidable. Uniting
research from scholars and practitioners, this contemporary
Handbook offers new insights into well-established debates
surrounding digital technologies by framing them in terms of human
rights. An international group of expert contributors explore the
issues posed by the management of key Internet resources, the
governance of its architecture, the role of different stakeholders,
the legitimacy of rule-making and rule-enforcement, and the
exercise of international public authority over users. Highly
interdisciplinary, the Handbook draws on law, political science,
and international relations, as well as computer science and
science and technology studies in order to engage with human rights
aspects of the digitally connected world. The chapters examine in
depth current topics relating to human rights and security,
internet access, surveillance, automation, trade, and freedom of
expression. This comprehensive and engaging Handbook will be vital
reading for both researchers and students in law, human rights,
international politics, international relations and technology
studies. Policy-makers seeking an understanding of the state of
human rights in technology will also find this book a highly useful
resource. Contributors include: W. Benedek, D. Bigo, D. Brodowski,
G. Contissa, P. de Hert, M. Dunn Cavelty, T. Engelhardt, B.
Farrand, M I. Franklin, M.I. Ganesh, M. Graham, S. Horth, L.
Jasmontaite, R.F. Jorgensen, C. Kavanagh, M.C. Kettemann, D. Korff,
G. Lansdown, E. Light, S. Livingstone, A. Millikan, J.A. Obar, G.
Sartor, G. Sobliye, A. Third, M. Tuszynski, K. Vieth, B. Wagner, T.
Wetzling, M. Zalnieriute
This book shows how to design labour rights to effectively protect
digital platform workers, organise accountability on digital work
platforms, and guarantee workers' collective representation and
action. It acknowledges that digital work platforms entail enormous
risks for workers, and at the same time it reveals the extent to
which labour law is in need of reconstruction. The book focusses on
the conceptual links - often overlooked in the past - between
labour law's categories and its regulatory approaches. By
explaining and analysing the wealth of approaches that deconstruct
and reconceptualise labour law, the book uncovers the
organisational ideas that permeate labour law's categories as well
as its policy approaches in a variety of jurisdictions. These ideas
reveal a lack of fit between labour law's traditional concepts and
digital platform work: digital work platforms rarely behave like
hierarchical organisations; instead, they more often function as
market organisers. The book provides a fresh perspective for
international academic and policy debates on the regulation of
digital work platforms, as well as on the purposes and foundations
of labour law. It offers a way out of the impasse the debate around
labour law classification has reached, by showing what labour law
could learn from digital law approaches to platforms - and vice
versa.
Atiyah and Adams' Sale of Goods, 14th Edition, by Twigg-Flesner and
Canavan is a highly readable and comprehensive account of the law
governing the sale of goods. It is essential reading for
undergraduate and postgraduate students, and a valuable point of
first reference for practitioners of commercial law. This book
addresses the increasing split of the law on the sale of goods
between commercial and consumer contracts, which is reflected in
the separate treatment of consumer law aspects.
This book assesses the role of the doctrine of insurable interest
within modern insurance law by examining its rationales and
suggesting how shortcomings could be fixed. Over the centuries,
English law on insurable interest - a combination of statutes and
case law - has become complex and unclear. Other jurisdictions have
relaxed, or even abolished, the requirement for an insurable
interest. Yet, the UK insurance industry has overwhelmingly
supported the retention of the doctrine of insurable interest. This
book explores whether the traditional justifications for the
doctrine - the policy against wagering, the prevention of moral
hazard and the doctrine's relationship with the indemnity principle
- still stand up to scrutiny and argues that, far from being
obsolete, they have acquired new significance in the global
financial markets and following the liberalisation of gambling. It
is also argued that the doctrine of insurable interest is an
integral part of a system of insurance contract law rules and
market practice. Rather than rejecting the doctrine, the book
recommends a recalibration of insurable interest to afford better
pre-contractual transparency to a proposer as to the suitability of
the policy to his or her interest in the subject-matter to be
insured. Providing a powerful defence for the retention of
insurable interest, this book will appeal to both academics and
practitioners working in the field of insurance law.
Over recent years, the inability of social security protection to
reach workers without a formal employment contract has become an
inconvenient reality in both the global north and south. This book
explores how provisions for income security can be revised to
effectively meet the needs of the labour force in varying
economies. In developing economies, informal employment has
traditionally accounted for a high proportion of overall employment
and this trend looks set to continue. In the global north, the
increasing use of flex-contracts and 'dependent self-employment'
has led to a rise in the number of workers with limited income
protection. An additional challenge for countries in both
hemispheres is the rise of the 'gig' economy. This book is the
first to open up a dialogue about social security coverage in the
developed and developing world. Authors from both sides of the
divide have contributed chapters and present a variety of insights,
experiments and practices with the aim of identifying better ways
to combat the growing social security challenge. Academic
researchers with an interest in labour law and social policy will
find this book to be an engaging source of innovative research.
Practicing lawyers and policy makers will also benefit from the
insights and examples provided from a number of different
jurisdictions. ntributors include: C. Barnard, A. Blackham, E.
Fourie, A. Govindjee, T. Gyulavari, D. Hofmeyr, L. Jianfei, A.
Johansson Westregard, L. Lamarche, J. Li, J. Masabo, M. Olivier,
P.A. Ortiz, A. Paz-Fuchs, M. Westerveld, M. Wynn
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