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Books > Law > Other areas of law
"No doctor, however great his capacity or original his ideas, has the right to choose martyrs for science or for the general good." Human Guinea Pigs: Experimentation on Man.Whistle-blowers tend not to be very popular. Maurice Pappworth's whistle was in the form of Human Guinea Pigs, the controversial book published in 1967 which examined unethical medical experimentation on humans and identified the researchers and institutions responsible. The ground-breaking text took the medical establishment by storm and provoked questions in Parliament. Brilliant, Jewish, already an outsider, Pappworth was recognised as the best medical teacher in the country. But convinced that the reason for these experiments being carried out was purely to advance the careers of ambitious practitioners, Pappworth had to speak up. In the wake of his expose, stricter codes of practice for human experimentation were put into place and the establishment of the research ethics committees was formed, which remains in place today. Maurice Pappworth's daughter, the late Joanna Seldon, re-assesses the importance of Human Guinea Pigs in her book Whistle-blower: The Life of Maurice Pappworth. She considers her father's text a major milestone in the development of current medical research ethics and demands a re-evaluation of the pioneering medical ethicist who compromised his own career in order to ensure the protection of the patient.
This book introduces readers to the press release work carried out by Ministry of Ecology and Environment of the People's Republic of China in 2018. It is divided into 3 parts, and each part is arranged in chronological order. The first part contains the records of Li Ganjie, Minister of the Ministry of Ecology and Environment, who attended the press conference of the two conferences and the "Ministerial Channel". The second part contains the record of Special Representative of China's Climate Change Affairs, Xie Zhenhua, who attended the "China's Policies and Actions on Climate Change 2018 Annual Report" press conference, and Zhao Yingmin, Deputy Minister of the Ministry of Ecology and Environment, who attended the "Three-year Action Plan to Win the Blue Sky Defense War" policy briefing. The third part contains the records of 12 regular press conferences of the Ministry of Ecology and Environment throughout the year.
Whether you are a theatrical entrepreneur, an investor, an attorney, or a student, and whether the production is on Broadway, off Broadway, Off Off Broadway, instock or repertory, the revised edition of this standard theatrical reference work tells you everything you need to know about raising money, obtaining rights, and bringing a play to the stage. Written by one of the country's leading theatrical attorneys, this easy-to-use guide includes all new budgets and has been brought up-to-date to cover all the important changes over the past seven years in the legal and business aspects of producing theater. Topics include: how to obtain a property, raising money and the necessary filings, contracts with producers and theaters, licensing for Broadway and out-of-town theater. Especially useful are the updated and expanded appendixes, which include actual examples of today's commonly used legal forms and contracts.
Colonialism led to the importation, or better still imposition, of European administrative systems on the indigenous people of Africa. France specialized in this, practicing direct rule and an assimilation policy in their colonies up to the time of independence. In Cameroon, French administrative law ("droit adminstratif") became part of the national legal system. In this highly original new book, Cameroonian legal scholar Moye Godwin Bongyu explores the intersection of public administration and the state, colonization and administrative systems, public and private laws, rule of law, and comparative administrative law. He then addresses laws relating to administrative organization in Cameroon. Part Three of the book deals with laws governing administrative resources. Part Four describes practical administrative action and the civil procedure. Part Five focuses on the control to administrative action, examining the submission of the administration to specific law, as well as the history, rules, and procedures of administrative justice in Cameroon.
This is a practical handbook on everything a medical professional needs to know in order to write a medico-legal report. It enables them to see how their knowledge and experience of psychiatry can be harnessed to answer the legal questions necessary for the administration of justice and the resolution of disputes and covers the training, skills and knowledge that are necessary to prepare expert psychiatric evidence for courts and other legal situations. A variety of rules, guidance and professional codes of practice must be complied with when writing expert reports and the requirements from all of these sources are brought together here in one single volume. Chapters suitable for all medical experts include: the role and responsibilities an expert witness; the medico-legal consultation; the structure and form of the generic report; going to court; and maintaining expertise. Other chapters focus more specifically on reports for criminal proceedings, in personal injury cases, for family cases and those involving capacity, plus reports for tribunals, inquests and for jurisdictions in the British Isles outside England and Wales. Appendices include several sample letters, a consent form and other documents that can be adapted by those starting out in expert witness work. This book is aimed at psychiatrists who wish to write medico-legal reports and become expert witnesses and will also be a useful resource for established expert psychiatric witnesses and the solicitors and barristers who instruct them.
The objective of Arab Criminology is to establish a criminological sub-field called 'Arab Criminology.' The ever-evolving field of criminology has advanced in the past decade, yet many impediments remain. Unlike criminology in Africa, Asia, the Americas, Europe, and Oceania based merely on geopolitical constructs, the Arab world has unique commonalities that do not exist in the other established sub-fields on criminology. The Arab world has largely remained in criminology's periphery despite the region's considerable importance to current international affairs. In response, this book explores two main questions: Why should we and how do we establish a sub-field in Arab Criminology? The authors examine the state of criminology in the Arab world, define its parameters, and present four components that bond and distinguish Arab criminology from other criminological area studies. They then identify the requirements for establishing Arab criminology and detail how local, regional, and international researchers can collaborate, develop, and expand the sub-field. Arab Criminology will challenge some of the recurrent Orientalist and Islamophobic tropes in Northern criminology and progress the discipline of criminology to reflect a more diverse focus that embraces regions from the Global South. Presenting compelling arguments and examples that support the establishment of this sub-field, Arab Criminology will be of great interest to Criminology, Criminal Justice, Legal Studies, and Middle Eastern/North African studies scholars, particularly those working on Southern Criminology, Comparative Criminology, International Criminal Justice Systems, and Arab studies.
This book approaches environmental, climate, and social justice comprehensively and interlinked. The contributors, predominantly from the Global South and have lived experiences, challenge the eurocentrism that dominates knowledge production and discourses on environmental and climate [in] justices. The collection of works balances theoretical, empirical, and practical aspects to address environmental and climate justice challenges through the lens of social justice. This book gives voice to scholars of the Global South and uses an interdisciplinary approach to show the complexity of the problem and the opportunities for solutions, making this book a powerful resource in teaching, research, and advocacy efforts. The innovativeness of this approach stems from the use of narratives, scientific explanation, and thematic analysis to present the arguments in each chapter of this edited book. Overall, each chapter of this book acts as a powerful resource in teaching, research, and advocacy efforts. This book fills a gap in the Global South production of environmental, climate, and social justice. It provides in-depth knowledge to the readers and raises their critical thinking about key elements/discussions of justice issues of environmental conflicts and climate change. The book is a useful read to a general audience interested in the topic of climate, environment, and development politics.
This is the first textbook to provide a focused, subject specific guide to planning practice and law. It gives students essential background and contextual information to planning's statutory basis, supported by practical and applied discussion, enabling students with little or no planning law knowledge to engage in the subject and develop the necessary level of understanding required for both professionally accredited and non-accredited qualifications.
This volume serves to provide an international overview of personal injury compensation in different geographical areas (15 countries already included), with a special focus on the methods used to ascertain the injury and the related damages. It also goes on to clarify the logical and methodological steps required for a sequential, in-depth ascertainment of any traumatic event and the related personal damage, both pecuniary and non-pecuniary. Personal injury is a legal term for an injury to the body, mind or emotions suffered by the plaintiff under tort and/or civil law regulations. Damages related to the injury can be pecuniary or non-pecuniary in nature. Although several comparative studies and research projects on tort and civil law and personal injury claims aimed at developing new tools for promoting harmonization of private law have been performed at an international level, heterogeneity and divergences still exist in the definition and compensation of personal injury and damage across different national legislative systems. The starting point for any awarding procedure should be a medical, or rather a medico-legal, assessment to gain evidence on the trauma or event causing the injury, the mechanism of injury, the pre-existing health status of the injured party, and the health consequences of the injury (temporary and permanent impairment, work incapacity, etc.). In order to pursue the ultimate goal of an international harmonization of personal injury compensation, it is of upmost importance to define the quality requirements for the medico-legal ascertainment methodology, which are essential for guaranteeing the objectivity, rigor, and reproducibility of the data and the evidence collection procedure. Currently, there are no supra-national medico-legal guidelines dealing with the ascertainment methodology of personal injury and damage under tort and civil law.
This book discusses the intensification of international transport services as the consequence of an increasingly capillary economic integration. In particular, in some European countries, such as Belgium, the Rhine area of Germany, and Denmark, the application of the Geneva Convention on the carriage of goods from the case law point of view is even more thorough than that of national law. Even though this is not the case for all countries, the Geneva Convention is a core text both for the scientific debates on the issue and for commercial operators. Therefore, proposing an up-to-date reading of the Convention is of utmost importance from the practical point of view, especially considering that, thanks to the consistent application of the International Carriage of Goods by Road contract, the Convention has become an essential prerequisite for the development of traffic. In ten chapters, this book reviews the Convention's structure and considers the case-law approaches and trends of most countries belonging to the European Union. It covers contracts and different negotiating models as well as compensation, liability of the carrier, and damages.
This book is the first book focusing on the Chinese law of unjust enrichment in English and introducing it to Western jurisdictions. Unjust enrichment is currently one of the most controversial areas of law in many jurisdictions and rife with academic debate. This book analyzes the historical evolution, current doctrines, and relationships of unjust enrichment with other areas of private law in China . It also provides insights into judicial practice. In May 2020, China promulgated its first-ever Civil Code since the establishment of the People's Republic of China, which is a milestone in the history of Chinese law. Before the Civil Code, there was only one legal provision regulating unjust enrichment, which requires a person obtaining benefits "without a legal basis" to return such benefits. However, the new Civil Code contains a separate chapter regulating unjust enrichment. This book analyzes and evaluates those new provisions in the Civil Code to provide a most up-to-date analysis of the Chinese law of unjust enrichment.
This book provides a comprehensive assessment of how national and international efforts to achieve carbon neutrality have been embraced as necessary to meet the requirements of the Paris Agreement as well as the needs of the planet. The authors explore the increasing tensions between aspirations and entrenched practices as methods to implement carbon neutrality are devised, particularly at the national and sub-national levels. This is perhaps best typified by efforts to shift from "dirty" energy production, such as coal, to greener alternatives, which are often supported in laws and rules but opposed by society. To bridge this void, the concept of just transitions has increasingly come to the forefront of international and national focus yet is often poorly understood. This book examines the ways in which just transitions have been proposed as a legal and regulatory bridge to address issues that result in societal resistance to implementation. It uses past and existing practice studies of just transitions before providing an analysis of how just transitions can be used to not only to assist in the shift to carbon neutrality but also in new shifts such as those caused by the Covid-19 pandemic impacts on economy, environment and society, and to address future global challenges.
This open access book examines the governance and legal landscape of the global commodity sector. For that purpose, the author conceptualises both Global Commodity Governance (GCG) as well as Transnational Commodity Law (TCL). He defines the key terms of Global Commodity Governance, delineates the underlying legal framework of Transnational Commodity Law, and assesses the effectiveness of Transnational Commodity Law in fostering a functional commodity sector. "Sustainable Commodity Use" is based on a comprehensive analysis of over 250 international agreements, standards, and guiding documents. The author distils the main findings into a conceptualisation of Transnational Commodity Law and provides the reader with a succinct overview of its normative configurations as well as regulatory gaps. Moreover, he elaborates a taxonomy of International Commodity Agreements. In addition, an outline of the normative substance of Transnational Commodity Law features in an appendix to the main text. The author concludes by making concrete suggestions on how rules regulating commodity activities de lege ferenda could and should be designed to improve the effectiveness of law regulating transnational commodity activity. In doing so, he demonstrates the application of the sustainable use principle as the overall objective and purpose of Transnational Commodity Law and discusses International Commodity Agreements as future regulatory instruments. This book may assist lawmakers, practitioners, civil society advocates, and academics worldwide in developing a legal framework for sustainable global commodity activity.
The text is the first of its kind on financial engineering and risk management in Islamic finance. It sets out detailed guidelines for financial engineering from an Islamic perspective. The text also presents some practical issues concerning futures contracts and how these can be handled from an Islamic perspective. It brings out the different points of view in this respect and reflects the current state of knowledge as well as the challenges that lie ahead for financial engineers. The text explores the prospects of some Islamic contracts having similarity with commodity futures; forward contracts, especially in agriculture; and Islamic permissible contractual arrangements for resource mobilization by the public sector. It also makes an analytical comparison between debt and equity contracts with regard to incentive compatibility and efficiency.
Part 1 of the latest volume in "The Jewish Law Annual" comprises a symposium on parent and child, examining such issues as parental authority and the contrast between the Bible and Rabbinic law. Part 2 covers current legal thought on religious freedom in the United States as well as contemporary developments in Jewish laws in Israel. Part 3 is a major survey of recently published titles, organized according to major legal categories.
"Harmonizing Similarities" is a study of the legal distinctions (al-furuq al-fiqhiyya) literature and its role in the development of the Islamic legal heritage. This book reconsiders how the public performance of Islamic law helped shape legal literature. It identifies the origins of this tradition in contemporaneous lexicographic and medical literature, both of which demonstrated the productive potential of drawing distinctions. Elias G. Saba demonstrates the implications of the legal furuq and how changes to this genre reflect shifts in the social consumption of Islamic legal knowledge. The interest in legal distinctions grew out of the performance of knowledge in formalized legal disputations. From here, legal distinctions incorporated elements of play through its interactions with the genre of legal riddles. As play, books of legal distinctions were supplements to performance in literary salons, study circles, and court performances; these books also served as mimetic objects, allowing the reader to participate in a session virtually. Saba underscores how social and intellectual practices helped shape the literary development of Islamic law and that literary elaboration became a main driver of dynamism in Islamic law. This monograph has been awarded the annual BRAIS - De Gruyter Prize in the Study of Islam and the Muslim World.
This book states that sustainable development has become an influential discourse worldwide. Climate change is not only an urgent problem, but it is also a fundamental spiritual question concerning social justice and sustainable peace development as well as solidarity among people of various religious backgrounds and different countries. Thus, this global problem must be faced and recognized for future actions and strategies. However, the politics of fear must be replaced with a culture of peace, hope, and compassion, and this urgent problem must be faced with an optimistic attitude and a certain degree of preparedness. Climate change is evident in many forms, such as, for example, the most obvious-recent weather fluctuations that happen around the world. Floods, droughts, and hurricanes are those visible signs of climate change. Human-caused climate change is projected to greatly impact marine, freshwater, and terrestrial life. Temperatures in Alaska and the Arctic have increased over the last 50 years at a rate more than twice as fast as the global average temperature. Poor people are vulnerable to man-made climate change and respond rapidly to its impacts. Diverse knowledge of and approaches to climate change help understand this growing problem; global average air temperature has increased in the recent past by approximately 1.0 DegreesC (1.8 DegreesF). According to the Climate Science Special Report, the last several years have been record-breaking, and the period of 1901-2016 is the warmest. Greenhouse gas (GHG) emissions are still rising, with damaging effects on the Earth's climate. At the moment, the concentration of CO2 is higher than at any point in time-at least the past 800,000 years. However, carbon dioxide (CO2) is not the only GHG that impacts human-induced climate change.
This book consists of updated and refreshed papers written by international law scholars and practitioners from the ASEAN region and published by the Journal of East Asia and International Law, comprehensively covering almost all contemporary international legal issues related to ASEAN. Legal analysis of the ASEAN integration as one community with one vision in this book provides readers with a better understanding of the current social climate and future developments of ASEAN. Each section within the book covers a highly topical issue on ASEAN cooperation and dispute resolution from an international law perspective. ASEAN is one of the biggest economic communities in the world and the ASEAN+3 covers nearly half of global GDP. Given the region's global impact, this book is of interest to Asia watchers, academics and policymakers alike.
Expands the field by approaching the issue using a qualitative methodology; Presents a compliance perspective within the legal sector; Draws upon responses from a section of the legal profession that can be extremely hard to access for research purposes; Provides international comparisons throughout.
This book empirically examines a diverse range of groundwater issues and different approaches to deal with such concerns taking into account responses from government bodies, community organizations, scientists, private sector, and academia. The overarching objective of this book is to empirically examine groundwater governance and groundwater law. It aims to provide a better understanding of the complexities surrounding groundwater governance in order to reconceptualize and retheorize the governance of subterranean resources having as entry points equity and sustainability concerns. This involves understanding what people do when using, sharing, protecting, and measuring groundwater; and why do they do what they do, i.e., what are their motivations to resort to certain practices. This is done through the comparative and contrasting investigation of six case studies from countries from the Global North and Global South. It offers a different perspective of literature given that it explains how groundwater governance and law are in practice rather than what they should be. Additionally, the research presented in this book provides ideas on how to rethink the design and implementation of groundwater law grounded on empirically based descriptions and the understanding of groundwater problems.
The Research Handbook on Islamic Law and Society provides an examination of the role of Islamic law as it applies in Muslim and non-Muslim societies through legislation, fatwa, court cases, sermons, media, or scholarly debate. It illuminates and analyses the intersection of social, political, economic and cultural contexts in which state actors have turned to Islamic law for legal solutions. Taking a thematic approach, the Research Handbook assesses the application of Islamic law across six key areas: family law and courts; property and business; criminal law and justice; ethics, health and sciences; arts and education; and community and public spheres. Through examination of these themes in over 20 jurisdictions, the Research Handbook serves to demonstrate that Islamic law is adaptable depending on the values of Muslim societies across different times and places. In addition, the Research Handbook highlights how Islamic law has engaged with contemporary issues, looking beyond what is set out in the Qur'an and the Hadith, to examine how Islamic law is applied in societies today. Researchers and scholars with an interest in Islamic law, or the relationship between law and society more generally will find this Research Handbook to be an engaging text. The in-depth analysis, spanning sectors and jurisdictions, will offer new insights and inspire future research. Contributors include: M. Ali, M.F.A. Alsubaie, A. Begum, A. Black, R. Burgess, M. Corbett, K.M. Eadie, H. Esmaeili, N. Hammado, N. Hosen, N. Hussin, A.A. Jamal, M.A.H. Khutani, F. Kutty, N.Y.K. Lahpan, A.O.A. Mesrat, R. Mohr, S.M. Solaiman, H.H.A. Tajuddin, M. Zawawi
This book examines how local cultures affect the interpretation of international human rights law. This book explores the Islamic legal system in its approach to the concept of guardianship and, more specifically, the approach of the Libyan legal system through a study of existing legislation and Libyan High Court (LHC) interpretation as revealed in its decisions. This book aims to show how the cultural background affects the interpretation of international human rights in domestic legal systems. This book makes a worthy contribution to promoting greater understanding of the cultural dimensions in operation in both the formulation and particularly the application of international law in Libya as elsewhere. This is an area of research which is, as a whole, one worthy of further development and examination. The book includes case analysis of important Libyan High Court rulings which have been gathered by the author and officially translated, analysed, and discussed from the three lenses namely; Libyan Law, Islamic Law, and International Law. In turn, this book is the first of its kind and unique in the field of Islamic and International Law. This book also includes detailed analysis of the correspondence between the Libyan High Court and the UN Committee on the Rights of the Child. Further, this book provides solutions and comprehensive and practical recommendations that satisfy both International standards and local Islamic and Libyan culture. This is an ever evolving and a current area of interest internationally, this unique book enriches the field and continues the conversation and provides practical sustainable solutions.
Since the September 11 attacks on the World Trade Center, jihad has become symbolic of the confrontation between Muslims and the West. According to popular views, jihad represents a religiously sanctioned war to propagate or defend the faith by defensive and aggressive means. However, there is not one single meaning of jihad, but many different interpretations. In the most recent decades of Islamic history, jihad was invoked as an instrument for the legitimation of political action, be it armed resistance against foreign occupation, the struggle for self-determination, or retaliatory attacks against the West. The evolution and contemporary abuses of jihad cannot be understood without a connection to the modern political context in which such action takes place. The aim of this book is thus to clarify the meanings of jihad and the manipulation of its sense since the rise of political Islam during the 1960s. Its authors address the intellectual underpinnings of the concept of jihad, and link it to the narratives and historical contexts in which jihad in its various meanings has been interpreted and applied. It draws a parallel between Islamic humanitarian tradition and international humanitarian law, challenging the distorted interpretation of peace and war in Islam. It aims also at exploring the impact that jihad has on international law and domestic law through state practice and in view of the mounting call that law should adapt to the new reality of transnational terrorism. The mixture of authors from Muslim as well as Western countries allows for a true dialogue between cultures and a diversity of views on the issue. This book is obviously highly recommended reading for academics and practitioners dealing with Islamic, national and international law and all those intrigued by and interested in the subject. Professor M. Cherif Bassiouni is Distinguished Research Professor of Law Emeritus, and President Emeritus, at the International Human Rights Law Institute, DePaul University College of Law, Chicago, Illinois. He has served the United Nations in various capacities, all in the field of humanitarian law, international criminal law and human rights law. Amna Guellali is a Senior Researcher at the department of international humanitarian and criminal law of the T.M.C. Asser Instituut, The Hague, The Netherlands.
This book gives a special emphasis to state-of-the-art descriptions of approaches, methods, initiatives, and projects from universities, stakeholders, organizations, and civil society across the world, regarding cross-cutting issues in sustainable development. There is a perceived need for mobilizing the various stakeholders when attempting to promote sustainability in higher education and to promote best practices, which may inspire further initiatives. But despite this need, there are a few publications handling this matter in a coherent way. In order to meet the pressing need for publications which may document and disseminate examples of best practice on sustainable development at university level, the "Handbook of Best Practices in Sustainable Development at University Level" is being published. This book is produced by the European School of Sustainability Science and Research (ESSSR), through the Inter-University Sustainable Development Research Programme (IUSDRP) and contains inputs from authors across all geographical regions. The book also discusses examples of initiatives coordinated by universities but involving civil society, the private sector, and public sector (including local, national, and intergovernmental bodies). In particular, it describes practical experiences, partnerships, networks, and training schemes for building capacity aimed at fostering the cause of sustainable development at institutions of higher education. Thanks to its design and the contributions by experts from various areas, it provides a welcome contribution to the literature on sustainable development, and it may inspire further works in this field. |
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