Jurisdictional Exceptionalisms examines the legal issues associated with a parent's forced removal of their children to reside in another country following relationship dissolution or divorce. Through an analysis of Public and Private International Laws, and Islamic law - historical and as implemented in contemporary Muslim Family Law States - the authors uncover distinct legal lexicons that centre children's interests in premodern Islamic legal doctrines, modern State practice, and multilateral conventions on children. While legal advocates and policy makers pursue global solutions to parental child abduction, this volume identifies fundamental obstacles, including the absence of shared understandings of jurisdiction. By examining the relevant law and practice, the study exposes the polarised politics embedded in the technical legal rules on jurisdiction. Presenting a new, innovative method in comparative legal history, the book examines the beliefs, values, histories, doctrines, institutions and practices of legal systems presumed to be in conflict with one another.

With the introduction of the Rome I Regulation, new legislation has become effective in International Contract Law in Europe and Germany. The latest developments are now commented on in best Staudinger quality and thoroughness. This most extensive commentary on the Rome I Regulation also examines questions of detail such as the choice-of-venue and arbitration agreements that are important for daily practice. In addition, particular consideration is devoted to the latest revisions regarding consumer protection for special areas and compulsory insurance contracts in the Introductory Law to the German Civil Code (EGBGB, Articles 46b and c).

Does trauma spark brazen acts? Are eyewitnesses accurate reporters? Can jurors distinguish truth from lies? Answer these and more in WRIGHTMAN'S PSYCHOLOGY AND THE LEGAL SYSTEM, 9th Edition. Real cases such as Bill Cosby and Dylann Roof illustrate the flesh and blood of the psychological issues considered in the book--from the motivations of offenders to discretion in sentencing. This book gives you an eye-opening overview of psychology's contributions to the legal system--and the many roles available to trained psychologists within the system.

This detailed, practitioner text, explains national security law in all its aspects. It collates and explains the core elements of the law, both substantive and procedural, and the practical issues which may arise in national security litigation. The book draws on the professional experience of a team of expert contributors. The first part explores the meaning of "national security", examines the respective roles in this area of Parliament, the executive and the courts, and explains the law relating to the security and intelligence agencies, their powers and oversight. The core of the book addresses the various executive measures used to disrupt terrorism, espionage and other hostile state activity, usually on the basis of secret intelligence, and the civil proceedings that may result from executive action taken for the national security purposes. The third part addresses national security and the criminal law. The remaining chapters address national security law in such diverse contexts as inquests, inquiries, employment, vetting, family, freedom of information, and data protection proceedings. National security law is now of relevance to a wide range of practising lawyers, judges, legislators, policymakers, oversight bodies, and academic experts working in a variety of legal fields well beyond public law. The highly-specialised nature of the topic make this book a vital text not only for those seeking an overview of the law, but also for experienced practitioners instructed to act in proceedings in which national security issues may arise. The intense media and public scrutiny which accompanies many national security cases will also make this book of interest to a wider audience seeking to understand the legal context of such cases. The enhanced digital product (included) provides both offline and online access wherever you are on OUP LawReader. Synchronize your notes and bookmarks across all of your devices, and take advantage of the quick and simple search function to find what you need, whenever you need it.

Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.

This detailed, practitioner text, explains national security law in all its aspects. It collates and explains the core elements of the law, both substantive and procedural, and the practical issues which may arise in national security litigation. The book draws on the professional experience of a team of expert contributors. The first part explores the meaning of "national security", examines the respective roles in this area of Parliament, the executive and the courts, and explains the law relating to the security and intelligence agencies, their powers and oversight. The core of the book addresses the various executive measures used to disrupt terrorism, espionage and other hostile state activity, usually on the basis of secret intelligence, and the civil proceedings that may result from executive action taken for the national security purposes. The third part addresses national security and the criminal law. The remaining chapters address national security law in such diverse contexts as inquests, inquiries, employment, vetting, family, freedom of information, and data protection proceedings. National security law is now of relevance to a wide range of practising lawyers, judges, legislators, policymakers, oversight bodies, and academic experts working in a variety of legal fields well beyond public law. The highly-specialised nature of the topic make this book a vital text not only for those seeking an overview of the law, but also for experienced practitioners instructed to act in proceedings in which national security issues may arise. The intense media and public scrutiny which accompanies many national security cases will also make this book of interest to a wider audience seeking to understand the legal context of such cases.

This book is an examination of American army legal proceedings that resulted from a series of moments when soldiers in a war zone crossed a line between performing their legitimate functions and committing crimes against civilians, or atrocities.

Using individual judicial proceedings held within war-time Southeast Asia, Louise Barnett analyses how the American military legal system handled crimes against civilians and determines what these cases reveal about the way that war produces atrocity against civilians. Presenting these atrocities and subsequent trials in a way that considers both the personal and the institutional the author considers how and why atrocity happens, the terrain of justification, and the degree to which the army and American society have been willing to take military crimes against civilians seriously.

Atrocity and American Military Justice in Southeast Asia will be of interest to students, scholars and professionals interested in Military Justice, Military history and Southeast Asian History more generally.

Anwendbarkeit des Mediendienstestaatsvertrages oder handelt es sich um Rund funk mit der Folge der Anwendung der Rundfunkgesetzes der Lander? Der zweite Abschnitt behandelt den "Rechtsverkehr im Internet'. Zunachst wird in Kapitel 3 der "Vertragsschluss im Internet" nach deutschem Recht erfasst. In Kapitel 15 ("Electronic Commerce im Internet") und 16 ("Rechtsfragen des In ternet-Vertriebs von Versicherungsdienstleistungen" werden die europaischen Re gelungen - insbesondere aus der Sicht des Verbraucherschutzes - hierzu bereits an tizipiert. Ferner gilt es zu berucksichtigen, dass der Geschaftsverkehr uber das In ternet eine zusatzliche Flankierung durch die Moglichkeit der Abwicklung von "Zahlungsverkehr im Internet' erhalt. Die zahlreichen rechtlichen Probleme, die mit der Verwendung von Cybermoney etc. auftauchen, werden in Kapitel 4 aufge griffen. Das Kapitel 5 behandelt sodann mit dem Thema, Rechtssicherheit im digitalen Rechtsverkehr'' einen zentralen Gesichtspunkt des Rechtsverkehrs. Dabei wird neben dem deutschen Signaturgesetz samt Signaturverordnung auch die eu ropaische Rechtsentwicklung berucksichtigt. Der dritte Abschnitt umfasst "die Rechtsstellung der Beteiligten." Zentral hier fiir ist die Frage nach der Verantwortlichkeit die sowohl den Diensteanbieter Kapi tel 6) als auch den Netzbelreiber (Kapitel 7) betrifft. Die strafrechtliche Perspek tive wird gesondert in Kapitel 18 aufgenommen. Eine in der Praxis immer haufi ger auftretende Frage gilt der Einordnung der "Vertragsgestaltung zwischen den Beteiligten" woruber Kapitel 8 Auskunft gibt."

This book focuses on an emerging problem in English contract law: what should be done when a party has been unjustly enriched as the result of a breach of contract but there is no measurable loss suffered by said party? Two rulings are at the heart of the book: Wrotham Park Estate v Parkside Homes and Attorney-General v Blake. These two cases can be said to have established gain-based remedies in English contract law. However, the principles that underpin these remedies are not entirely clear and are subject to debate. This book analyses these principles through the lens of compensatory and restitutionary approaches. Moreover, it applies a comparative analysis of these approaches through the lens of the civil law jurisdiction in Poland. Since the term 'compensation' is not a universal concept, the book distinguishes between two rationales in the compensatory analysis. The first, reparative compensation, is defined as a form of monetary recompense for loss or damage actually suffered. The second, substitutive compensation, represents a monetary equivalent to a right that a person has been deprived of or denied. Both rationales require the application of a broad notion of loss in order to make gain-based remedies workable in both English and Polish law. In contrast, 'restitution' states that a person cannot be permitted to profit from their own wrongdoing. Based on this principle, the book argues that gain-based remedies could be applied under Polish law through the rules of unjust enrichment. However, in order to do so, a broader understanding of the subtraction prerequisite (the enrichment being at the aggrieved party's expense) would have to be adopted. The book concludes that unjust enrichment is a more natural way of implementing gain-based remedies in civil law jurisdictions.

Drunken disorderliness. Cowardice in battle. Writing bad cheques. Vulgarity. Sexual indecency. Adultery. Following courts martial for such disgraceful behaviour, hundreds of Canadian officers lost their commissions during the First and Second World Wars. Scandalous Conduct investigates the changing definitions that shaped the quintessential honour crime known as "conduct unbecoming an officer and a gentleman." The dishonour represented a direct challenge to the discredited officer's prestige, livelihood, and sense of manhood. Drawing on fascinating court cases never before studied, Scandalous Conduct concludes that military honour was not a stable concept; instead it depended on social circumstances and disciplinary requirements.

Over the last 20 years the world's most advanced militaries have invited a small number of military legal professionals into the heart of their targeting operations, spaces which had previously been exclusively for generals and commanders. These professionals, trained and hired to give legal advice on an array of military operations, have become known as war lawyers. The War Lawyers examines the laws of war interpreted and applied by military lawyers to aerial targeting operations carried out by the US military in Iraq and Afghanistan, and the Israel military in Gaza. Drawing on interviews with military lawyers and others, this book explains why some lawyers became integrated in the chain of command whereby military targets are identified and attacked, whether by manned aircraft, drones and/or ground forces, and with what results. This book shows just how important law and war lawyers have become in the conduct of contemporary warfare, and how it is understood. Jones argues that circulations of law and policy between the U.S. and Israel have expanded the scope of what constitutes a legitimate military target, contending that the involvement of war lawyers in targeting operations not only constrains military violence, but also enables, legitimises, and sometimes even extends it.

The Law of Armed Conflict is usually understood to be a regime of exception that applies only during armed conflict and regulates hostilities among enemies. It assigns privileges to states far beyond what they are allowed to do in peacetime, and it mandates certain protections for non-combatants, which can often be defeated by appeals to military necessity or advantage. The Laws of War in International Thought examines the intellectual history of the laws of war before their codification. It reconstructs the processes by which political and legal theorists built the laws' distinctive vocabularies and legitimized some of their broadest permissions, and it situates these processes within the broader intellectual project that from early modernity spelled out the nature, function, and powers of state sovereignty. The book focuses on four historical moments in the intellectual history of the laws of war: the doctrine of just war in Spanish scholasticism; Hugo Grotius's theory of solemn war; the Enlightenment theory of regular war; and late nineteenth-century humanitarianism. By looking at these moments, Pablo Kalmanovitz shows how challenging and polemical it has been for international theorists to justify the exceptional and permissive character of the laws of war. In this way, he contributes to recover a sense of the historical foundations and many still problematic aspects of the Law of Armed Conflict.

The study of Islamic law can be a forbidding prospect for those entering the field for the first time. Wael Hallaq, a leading scholar and practitioner of Islamic law, guides students through the intricacies of the subject in this absorbing introduction. The first half of the book is devoted to a discussion of Islamic law in its pre-modern natural habitat. The second part explains how the law was transformed and ultimately dismantled during the colonial period. In the final chapters, the author charts recent developments and the struggles of the Islamists to negotiate changes which have seen the law emerge as a primarily textual entity focused on fixed punishments and ritual requirements. The book, which includes a chronology, a glossary of key terms, and lists of further reading, will be the first stop for those who wish to understand the fundamentals of Islamic law, its practices and history.

A core function of social work is to assist, empower, and protect the most vulnerable in society. Social workers make difficult decisions in complex and challenging situations every day. They work in organizations that have clear statutory duties. Therefore, it is essential that social work students know what their responsibilities are. Familiarity with law, legislation, and legal processes is consequently fundamental to sound social work practice. This best-selling book helps social work students gain this foothold in understanding law as it applies to social work practice. It avoids complicated legal jargon remote from the everyday realities of practice, offering instead a grounding in legally-appropriate, rights-based social work. It covers the full range of social work law, including services for children and families and child protection, adult care law, youth justice, court work, professional regulation, and human rights.

Legal Nurse Consulting Principles and Practices, Fourth Edition, provides foundational knowledge on the specialty nursing practice of legal nurse consulting. Legal nurse consulting is defined, and essential information about the practice is discussed (history, certification, scope and standards of practice, and ethical and liability considerations). The essentials of the law and medical records are explored. Analysis of the various types of legal cases on which legal nurse consultants work is provided, as are other practice areas for legal nurse consultants. The various roles and skills of legal nurse consultants are explored, and the textbook concludes with discussion of the ways in which legal cases are adjudicated. This volume allows nurses to bridge the gap from their clinical experience to the unfamiliar territory of the legal world, with practical advice on topics including tactics for being cross-examined in the courtroom and investigative and analytical techniques for medical records. Individual chapters by subject-matter experts focus on the full range of legal, medical, and business issues that new or experienced legal nurse consultants and nurse experts will encounter in their work. A nuanced look at the realities and complexities of toxic torts, medical malpractice cases, civil rights in correctional healthcare, ERISA and HMO litigation, and other practice areas is offered. Suitable for experienced nurses studying for certification as legal nurse consultants, and for expert witnesses, practitioners seeking to expand their current legal nurse roles, and other healthcare and legal practitioners.

Imam Nawawi's commentary on Sahih Muslim is one of the most highly regarded works in Islamic thought and literature. Accepted by every sunni school of thought, and foundational in the Shaafi school, this text, available for the first time in English, is famed throughout the Muslim world. After the Qur'an, the prophetic traditions are the most recognised source of wisdom in Islam. Amongst the collected Hadith, Sahih Muslim is second only to the the collection of Imam Bukhari. With a commentary by Imam Nawawi, whose other works are amongst the most widely-read books on Islam, and translated by Adil Salahi, a modern scholar of great acclaim, this immense work, finally available to English readers, is an essential addition to every Muslim library, and for anybody with an interest in Islamic thought.

This handbook is a detailed reference source comprising original articles covering the origins, history, theory and practice of Islamic law. The handbook starts out by dealing with the question of what type of law is Islamic law and includes a critical analysis of the pedagogical approaches to studying and analysing Islamic law as a discipline. The handbook covers a broad range of issues, including the role of ethics in Islamic jurisprudence, the mechanics and processes of interpretation, the purposes and objectives of Islamic law, constitutional law and secularism, gender, bioethics, Muslim minorities in the West, jihad and terrorism. Previous publications on this topic have approached Islamic law from a variety of disciplinary and pedagogical perspectives. One of the original features of this handbook is that it treats Islamic law as a legal discipline by taking into account the historical functions and processes of legal cultures and the patterns of legal thought. With contributions from a selection of highly regarded and leading scholars in this field, the Routledge Handbook of Islamic Law is an essential resource for students and scholars who are interested in the field of Islamic Law.

From the standpoint of practising engineers, architects and contractors, the law of contract is the most important one and, from preparation of technical documents to its execution and in the determination of disputes, the engineer or architect must have relevant knowledge. This book acts as a practical guide to building and engineering contracts. All points are explained with illustrations gathered from decided court cases. This book covers the substantive law of contract applicable to building and engineering contracts with updated noteworthy judgments. FIDIC conditions are mentioned at appropriate places with a global focus. Key Features: Guide for a full and thorough understanding of the contractual undertakings of the civil engineering industry, primarily in India Discusses specific conditions which are fertile sources of disputes, referring to and commenting upon the FIDIC conditions Covers internationally adopted standard form conditions of contract with analysis, discussions and interpretations, with decided court cases from India and abroad Focuses on technical civil engineering aspects Addresses cases from countries including UK, US, Canada, Australia, New Zealand and India

This volume substantially demonstrates the principles anchored in sections 90-103 regarding all relationships related to property law and the resulting interaction of movable and real estate property law, as well as execution proceedings law. In addition, the elementary rules of the legal transaction are comprehensively presented; the influences of legal capacity on trade, company and employment law, among others, are also taken into account within the framework of sections 104 et. sec. The provisions regarding declaration of intent (sections 116-124 and sections 130-133), which are of particular significance for daily practice, are presented in detail.

Most transport operators have little experience of the regulations surrounding the carriage of dangerous goods. The smaller operator in particular will have no point of reference to refer to in order to find out if they are legally allowed to carry dangerous goods without application of all the requirements, including the costly training of drivers. This book enables the operator to quickly and easily identify the regulatory exemptions that apply to the listed UN numbers which identify dangerous goods. The operator is able to obtain confirmation on their ability to legally carry dangerous goods within the limitations of a transport operation and does not need to seek specialist knowledge or training. It lists the UN numbers and the exemptions that apply in an easy reference format and also provides information on how to use the data within the regulatory framework.

One of the characteristics of the 'conservative religious revival' movements in Judaism, Christianity and Islam is the commitment to a scriptural text as the sole source of knowledge, and an insistence on the literal interpretation of this text. However little has been to done to investigate this phenomenon of interpretation which proposes the literal meaning as the only acceptable one. This book fills this gap with respect to Islam, looking both at literal meaning and literalism. The focus is on the tradition of Muslim legal writings: in this literature there exists a complex procedure of how to identify the literal meaning and the role it has in interpreting texts. The author also makes reference to Quranic exegesis (tafsir) and Arabic rhetorical works, since many of the ideas of legal hermeneutics were derived from these cognate traditions of learning. The overall aim is to take an important modern phenomenon (Muslim commitment to the literal meaning of the revelatory texts) and place it in an historical context. The Muslim debates analysed in the book are described through the prism of modern Western linguistic philosophy, and a chronology of the development of Muslim conceptions of literal meaning structures the book.

Dispute Resolution in Islamic Finance addresses how best to handle disputes within Islamic finance. It examines how they can be resolved in a less confrontational manner and ensure such disagreements are settled in a just and fair way. There has been little focus on how disputes within Islamic finance are resolved. As a result, many of these disputes are resolved through litigation, notwithstanding that the various jurisdictions and court systems are generally poorly equipped to handle such matters. This book addresses this gap in our knowledge by focusing on five centres of Islamic finance: the United Kingdom, the United States of America, Malaysia, the Kingdom of Saudi Arabia and the United Arab Emirates. Before exploring these countries in detail, the book considers the issues of the choice of law within Islamic finance as well the prevailing forms of dispute resolution in this form of finance. The book brings together a group of leading scholars who are all specialists on the subject in the countries they examine. It is a key resource for students and researchers of Islamic finance, and aimed at lawyers, finance professionals, industry practitioners, consultancy firms, and academics.

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.