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Books > Law > International law > Public international law

Debates Around Abortion in the Global North - Europe, North America, Russia and Asia (Hardcover): Fabienne Portier-Le Cocq Debates Around Abortion in the Global North - Europe, North America, Russia and Asia (Hardcover)
Fabienne Portier-Le Cocq
R3,840 Discovery Miles 38 400 Ships in 12 - 17 working days

By means of a historical, legal and scientific approach, this book identifies the issues, progress and setbacks in the right for women to access abortion in various countries of the Global North. The book provides insights on the past, present and potential actions and struggles in the future about continuing to have the right to procure an abortion. Rites and rituals in order to better understand the practices of Asian countries, such as China, Japan and Taiwan, permeate discussions and debates. The volume presents the repercussions of the Covid-19 pandemic on access to abortion healthcare services and abortion, and the innovative initiatives and schemes designed and implemented. The latter encourages health professionals and decision-makers to reflect on the 'good practices' and retain and develop over the long term. This edited collection is intended for academics and students across the social sciences and healthcare sector, members of the legal profession, healthcare professionals, activists, policy-makers, and any stakeholders working for and caring about women's reproductive rights and abortion rights.

The Qur'anic Dilemma - A Hermeneutical Investigation of al-Khidr (Hardcover): Abla Hasan The Qur'anic Dilemma - A Hermeneutical Investigation of al-Khidr (Hardcover)
Abla Hasan
R3,828 Discovery Miles 38 280 Ships in 12 - 17 working days

Adopts a unique methodology to provide a detailed hermeneutical reading of the story of al-Khidr. The book rethinks and revives the marginalized Qur'anic global humanitarian message. The Qur'anic Dilemma is a groundbreaking resource for all scholars of Islamic Studies, or those interested in Qur'anic interpretation, Muslim ethics, or comparative theology.

Non-Governmental Organisations and the United Nations Human Rights System (Paperback): Fiona McGaughey Non-Governmental Organisations and the United Nations Human Rights System (Paperback)
Fiona McGaughey
R609 Discovery Miles 6 090 Ships in 12 - 17 working days

Non-governmental Organisations (NGOs) have become important, although sometimes overlooked, actors in international human rights law. Although NGOs are not generally provided for in the hard law of treaties, they use the UN human rights system to hold Governments to account. A key way in which they do so is using State reporting mechanisms, initially the UN treaty bodies, but more recently supplemented by the Human Rights Council's Universal Periodic Review. In doing so, NGOs provide information and contribute to developing recommendations. NGOs also lobby for new treaties, contribute to the drafting of these treaties, and bring individual's complaints to the UN human rights bodies. This book charts the historical development of the NGO role in the UN. It examines the UN regulation of NGOs but the largely informal nature of the role, and an exploration of the various types of NGOs, including some less benign actors such as GONGOs (Governmental NGOs). It also draws on empirical data to illustrate NGO influence on UN human rights bodies and gives voice to stakeholders both inside and outside the UN. The book concludes that the current UN human rights system is heavily reliant on NGOs and that they play an essential fact-finding role and contribute to global democratisation and governance.

Reinsurance and the Law of Aggregation - Event, Occurrence, Cause (Paperback): Oliver D. William Reinsurance and the Law of Aggregation - Event, Occurrence, Cause (Paperback)
Oliver D. William
R1,232 Discovery Miles 12 320 Ships in 12 - 17 working days

In excess of loss reinsurance, the reinsurer covers the amount of a loss exceeding the policy's deductible but not piercing its cover limit. Accordingly, a policy's quantitative scope of cover is significantly affected by the parties' agreement of a deductible and a cover limit. Yet, the examination of whether a loss has exceeded deductible or cover limit necessitates an educated understanding of what constitutes one loss. In so-called aggregation clauses, the parties to (re-)insurance contracts regularly provide that multiple individual losses are to be added together for presenting one loss to the reinsurer when they arise from the same event, occurrence, catastrophe, cause or accident. Aggregation mechanisms are one of the core instruments for structuring reinsurance contracts. This book systematically examines each element of an aggregation mechanism, tracing the inconsistent usage of aggregation language in the markets and scrutinizing the tests developed by courts and arbitral tribunals. In doing so, it seeks to support insurers, reinsurers, brokers and lawyers in drafting aggregation clauses and in settling claims. Focusing on an analysis of primary sources, particularly judicial decisions, the book interprets each judicial decision to describe a system of inter-related rules, collating, organising and describing the English law of aggregation as applied by the courts and arbitral tribunals. It further draws a comparison between the English position and the corresponding rules in the Principles of Reinsurance Contract Law (PRICL).

Effective Environmental Regulation in China - Reflections on the Experience of European Union Legislation on Environmental... Effective Environmental Regulation in China - Reflections on the Experience of European Union Legislation on Environmental Permits (Paperback)
Federico Pasini
R1,237 Discovery Miles 12 370 Ships in 12 - 17 working days

Though recently improved, Chinese legislation on environmental permits is still weak and urgent measures are needed to help the country in moving towards an effective permitting system. This book examines this legislation gap and presents a contribution to solving China's pollution problems. By analysing the deficiencies of current Chinese provisions on permitting in light of EU legislation, and its Italian application, the book determines which permitting legislative structure and approach China should embrace in practice in order to build more comprehensive legislation on emission permitting. It is argued that a set of ad hoc legislative measures should be implemented so as to strengthen China's environmental protection and efficiently tackle pollution. The book will be a valuable resource for researchers, academics and policy-makers working in the areas of international environmental law and comparative law.

Non-Governmental Actors in International Climate Change Law - The Case of Arctic Indigenous Peoples (Paperback): Marzia... Non-Governmental Actors in International Climate Change Law - The Case of Arctic Indigenous Peoples (Paperback)
Marzia Scopelliti
R1,223 Discovery Miles 12 230 Ships in 12 - 17 working days

Focusing on how to improve the participation of non-governmental actors in the making of international climate change laws, this book is a conversation on the relevance of a human rights-based approach to international climate change law-making. The book considers a possible reform of the United Nations Framework Convention on Climate Change institutional arrangement, inspired by the practice and model of participation of Arctic Indigenous Peoples in the Arctic Council. Different non-State entities play a fundamental role in the development and enforcement of the climate change regime by enhancing the knowledge base of decision-making, keeping States in line with their commitments, and engaging in private initiatives aimed at mitigating the impacts of global warming. Albeit non-governmental and subnational actors increasingly work alongside States in the making of a climate change regime, the category of observers through which they participate in intergovernmental negotiations only gives them limited rights and their participation in international norm-making has at times been impaired. The relevance of a human rights-based approach consists in recognising the status of individuals and groups as rights-holders under human rights law, a paradigm that was first established by Arctic Indigenous Peoples when claiming their participatory rights in the Arctic Council, the main forum of governance of the Arctic region. This book argues that, in the absence of a globally binding treaty regulating procedural rights in intergovernmental negotiations, the emerging relationship between human rights and climate change could serve as a legal basis for the enhancement of non-governmental actors' procedural rights, establishing the right to participation as a right in itself and which can benefit the governance of climate change. Due to the relevance of the addressed subject, the book is destined to a broad readership and will be of use to academic researchers, law practitioners, policy-makers and non-governmental organisations' representatives.

Protecting Human Rights Defenders at Risk (Paperback): Alice M. Nah Protecting Human Rights Defenders at Risk (Paperback)
Alice M. Nah
R1,228 Discovery Miles 12 280 Ships in 12 - 17 working days

This book assesses the construction, operation and effects of the international protection regime for human rights defenders, which has evolved significantly over the last twenty years in response to the risks people face as they promote and protect human rights. Drawing upon the experiences of human rights defenders who continue to persevere in their activism in Indonesia, Egypt, Kenya, Mexico and Colombia, this edited collection examines the ways in which formal protection mechanisms by state and civil society actors intersect with self-protection measures and informal protection initiatives by families and friends. It highlights that protection practices are most effective when they are designed to address the specific risks that human rights defenders face (which are gendered and intersectional); reflect how defenders understand 'risk', 'security' and 'protection'; and are appropriate for the dynamic sociopolitical and legal contexts in which defenders operate. This book proposes ways in which the protection of human rights defenders at risk should be reimagined and practised. This book will be a thought-provoking guide for students and scholars of politics, international relations, law and human rights, as well as to practitioners engaged in the protection of human rights defenders at risk.

Indigenous Land Rights in Israel - A Comparative Study of the Bedouin (Paperback): Morad Elsana Indigenous Land Rights in Israel - A Comparative Study of the Bedouin (Paperback)
Morad Elsana
R1,225 Discovery Miles 12 250 Ships in 12 - 17 working days

Introducing the Negev-Bedouin land issue from the international indigenous land rights perspective, this comparative study suggests options for the recognition of their land. The book demonstrates that the Bedouin land dispossession, like many indigenous peoples', progressed through several phases that included eviction and displacement, legislation, and judicial decisions that support acts of dispossession and deny the Bedouin's traditional land rights. Examining the Mawat legal doctrine on which the State and the Court rely on to deny Bedouin land rights, this volume introduces the relevant international law protecting indigenous land rights and shows how the limitations of this law prevent any meaningful protection of Bedouin land rights. In the second part of the work, the Aborigines' land in Australia is introduced as an example of indigenous peoples' successful struggle for their traditional land rights. The final chapter analyzes the basic elements of judicial recognition of the land and shows that the basic elements needed for Bedouin land recognition exist in the Israeli legal system. Proposing practical recommendations for the recognition of Bedouin land, this volume is a key resource to scholars and students interested in land rights, international law, comparative studies, and the Middle East.

Health Data Privacy under the GDPR - Big Data Challenges and Regulatory Responses (Paperback): Maria Tzanou Health Data Privacy under the GDPR - Big Data Challenges and Regulatory Responses (Paperback)
Maria Tzanou
R1,224 Discovery Miles 12 240 Ships in 12 - 17 working days

The growth of data-collecting goods and services, such as ehealth and mhealth apps, smart watches, mobile fitness and dieting apps, electronic skin and ingestible tech, combined with recent technological developments such as increased capacity of data storage, artificial intelligence and smart algorithms, has spawned a big data revolution that has reshaped how we understand and approach health data. Recently the COVID-19 pandemic has foregrounded a variety of data privacy issues. The collection, storage, sharing and analysis of health- related data raises major legal and ethical questions relating to privacy, data protection, profiling, discrimination, surveillance, personal autonomy and dignity. This book examines health privacy questions in light of the General Data Protection Regulation (GDPR) and the general data privacy legal framework of the European Union (EU). The GDPR is a complex and evolving body of law that aims to deal with several technological and societal health data privacy problems, while safeguarding public health interests and addressing its internal gaps and uncertainties. The book answers a diverse range of questions including: What role can the GDPR play in regulating health surveillance and big (health) data analytics? Can it catch up with internet-age developments? Are the solutions to the challenges posed by big health data to be found in the law? Does the GDPR provide adequate tools and mechanisms to ensure public health objectives and the effective protection of privacy? How does the GDPR deal with data that concern children's health and academic research? By analysing a number of diverse questions concerning big health data under the GDPR from various perspectives, this book will appeal to those interested in privacy, data protection, big data, health sciences, information technology, the GDPR, EU and human rights law.

Perils of the Seas and Inherent Vice in Marine Insurance Law (Paperback): Ayca Ucar Perils of the Seas and Inherent Vice in Marine Insurance Law (Paperback)
Ayca Ucar
R1,228 Discovery Miles 12 280 Ships in 12 - 17 working days

The Supreme Court ruling in Global Process System Inc. v Syarikat Takaful Malaysia Berhad (The Cendor MOPU) created a shock wave in the London marine insurance market, as the Supreme Court decision changed the boundaries of doctrine with respect to the meaning of 'perils of the sea' and 'inherent vice'. Both phrases play an important role in the insurance market, affecting both assureds and insurers and their respective interests under all classes of marine insurance policies. This book reviews the origin of the clauses 'perils of the sea' and 'inherent vice' by tracing back through the early cases in order to understand the origin and noting how and why the changes occurred. It will examine how the law has been developed in the recent cases and discuss whether the Supreme Court case The Cendor MOPU has overruled the previous cases in terms of the clauses 'inherent vice' and 'perils of the sea'. Considering the impact of The Cendor MOPU decision with respect to the Marine Insurance Act 1906, as well as the standard Institute Cargo Clauses, it evaluates whether the decision is consistent with these things and discusses the effect of the decision on recent cases and on the insurance market.

Labour Rights and the Catholic Church - The International Labour Organisation, the Holy See and Catholic Social Teaching... Labour Rights and the Catholic Church - The International Labour Organisation, the Holy See and Catholic Social Teaching (Paperback)
Paul Beckett
R1,233 Discovery Miles 12 330 Ships in 12 - 17 working days

This book explores the extent of parallelism and cross-influence between Catholic Social Teaching and the work of the world's oldest human rights institution, the International Labour Organisation (ILO). Sometimes there is a mutual attraction between seeming opposites who in fact share a common goal. This book is about just such an attraction between a secular organisation born of the political desire for peace and justice, and a metaphysical institution much older founded to bring peace and justice on earth. It examines the principles evident in the teachings of the Catholic Church and in the secular philosophy of the ILO; together with the theological basis of the relevant provisions of Catholic Social Teaching and of the socio-political origins and basis of the ILO. The spectrum of labour rights covered in the book extends from the right to press for rights, i.e., collective bargaining, to rights themselves - conditions in work - and on to post-employment rights in the form of social security and pensions. The extent of the parallelism and cross-influence is reviewed from the issue of the Papal Encyclical of Pope Leo XIII Rerum Novarum (1891) and from the founding of the ILO in 1919. This book is intended to appeal to lay, professional and academic alike, and will be of interest to researchers and academics working in the areas of international human rights, theology, comparative philosophy, history and social and political studies. On 4 January 2021 it was granted an Imprimatur by the Roman Catholic Archbishop of Liverpool, Malcolm P. McMahon O.P., meaning that the Catholic Church is satisfied that the book is free of doctrinal or moral error.

The Legality of Economic Activities in Occupied Territories - International, EU Law and Business and Human Rights Perspectives... The Legality of Economic Activities in Occupied Territories - International, EU Law and Business and Human Rights Perspectives (Paperback)
Antoine Duval, Eva Kassoti
R1,233 Discovery Miles 12 330 Ships in 12 - 17 working days

This edited volume explores the question of the lawfulness under international law of economic activities in occupied territories from the perspectives of international law, EU law, and business and human rights. Providing a multi-level overview of relevant practices, policies and cases, the book is divided in three parts, each dealing with how different legal fields have come to grips with the challenges brought about by the question of the lawfulness under international law of economic activities in occupied territories. The first part includes contributions pertaining to the international law dimension of the question. It contains chapters on the conjunction between jus in bello, jus ad bellum and international human rights law in the context of exploitation of natural resources in territories under belligerent occupation; on third party obligations flowing from the application of occupation law in relation to natural resources exploitation; and on State practice with regards to trading with occupied territories. The second part focuses on EU law and contains contributions that assess the EU's approach to occupied territories and the extent to which this approach comports with the EU's obligations under international law; contributions providing an in-depth assessment of the case-law of the CJEU on occupied territories; as well as contributions pertaining to the political considerations that may influence the legal framing of questions pertaining to occupied territories. The final part focuses on the business and human rights perspective, with chapters on investment arbitration as a means for holding the occupant accountable for its conduct towards foreign investments and investors; on the role and impact of the soft law framework governing corporate activity (such as the UN Guiding Principles) on business involvement with occupied territories; as well as a final case study on the dispute involving Israeli football activity in settlements located in the OPT and the legal responsibility of FIFA in this regard. The book will appeal to academics, practitioners and policy-makers alike.

Territorial Disputes and State Sovereignty - International Law and Politics (Paperback): Jorge E. Nunez Territorial Disputes and State Sovereignty - International Law and Politics (Paperback)
Jorge E. Nunez
R1,233 Discovery Miles 12 330 Ships in 12 - 17 working days

Adopting a multi-disciplinary approach, this book opens new ground for research on territorial disputes. Many sovereignty conflicts remain unresolved around the world. Current solutions in law, political science and international relations generally prove problematic to at least one of the agents part of these differences. Arguing that disputes are complex, multi-layered and multi-faceted, this book brings together a global, inter-disciplinary view of territorial disputes. The book reviews the key conceptual elements central to legal and political sciences with regards to territorial disputes: state, sovereignty and self-determination. Looking at some of the current long-standing disputes worldwide, it compares and contrasts the many issues at stake and the potential remedies currently available in order to assess why some territorial disputes remain unresolved. Finally, it offers a set of guidelines for dispute settlement and conflict resolution that current remedies fail to provide. It will appeal to students and scholars working in international relations, legal theory and jurisprudence, public international law and political sciences.

State Territory and International Law (Paperback): Josephat Ezenwajiaku State Territory and International Law (Paperback)
Josephat Ezenwajiaku
R1,233 Discovery Miles 12 330 Ships in 12 - 17 working days

This book proposes a re-interpretation of Article 2(4) of the Charter of the United Nations to read, or at least include, respect for the inviolability of State territory. While States purport to obey the prohibition of the Use of Force, they frequently engage in activities that could undermine international peace and security. In this book the author argues that State practice, opinio juris, as well as contentious and advisory opinions of the International Court of Justice, have promoted the first limb of Article 2(4). Although wars between States have decreased, the maintenance of international peace and security remains a mirage, as shown by the increase in intra- and inter-State conflicts across the world. The author seeks to initiate a rethinking of the provision of Article 2(4), which the International Court of Justice has described as the cornerstone of the United Nations. The author argues that the time is ripe for States to embrace an evolutive interpretation of Article 2(4) to mean respect, as opposed to the traditional view of the threat, or the use, of force. He also evaluates the discourse regarding territorial jurisdiction in cyberspace and argues that the efforts made by the international community to apply Article 2(4) to cyberspace suggest that the article is a flexible and live instrument that should be adjusted to address the circumstances that endanger international peace and security. This book will engineer a serious debate regarding the scope of Article 2(4), which before now has always been limited to the threat or use of force. As a result, it will be of interest to academics and students of public international law, as well as diplomats and policymakers.

Peace, Discontent and Constitutional Law - Challenges to Constitutional Order and Democracy (Paperback): Martin Belov Peace, Discontent and Constitutional Law - Challenges to Constitutional Order and Democracy (Paperback)
Martin Belov
R1,241 Discovery Miles 12 410 Ships in 12 - 17 working days

This book offers a multi-discursive analysis of the constitutional foundations for peaceful coexistence, the constitutional background for discontent and the impact of discontent, and the consequences of conflict and revolution on the constitutional order of a democratic society which may lead to its implosion. The volume provides the reader with a multi-discursive analysis of the constitutional foundations of peace, discontent and revolution. It explores the capacity of the constitutional order to serve as a reliable framework for peaceful co-existence while allowing for reasonable and legitimate discontent. It outlines the main factors contributing to rising pressure on constitutional order which may produce an implosion of constitutionalism and constitutional democracy as we have come to know it. The collection presents a wide range of views on the ongoing implosion of the liberal-democratic constitutional consensus which predetermined the constitutional axiology, the institutional design, the constitutional mythology and the functioning of the constitutional orders since the last decades of the 20th century. The constitutional perspective is supplemented with perspectives from financial, EU, labour and social security law, administrative law, migration and religious law. Liberal viewpoints encounter radical democratic and critical legal viewpoints. The work thus allows for a plurality of viewpoints, theoretical preferences and thematic discourses offering a pluralist scientific account of the key challenges to peaceful coexistence within the current constitutional framework. The book provides a valuable resource for academics, researchers and policy-makers working in the areas of constitutional law and politics.

Maritime Claims and Boundary Delimitation - Tensions and Trends in the Eastern Mediterranean Sea (Paperback): Nicholas A.... Maritime Claims and Boundary Delimitation - Tensions and Trends in the Eastern Mediterranean Sea (Paperback)
Nicholas A. Ioannides
R1,250 Discovery Miles 12 500 Ships in 12 - 17 working days

This book delves into the major developments triggered by the hydrocarbon discoveries in the Eastern Mediterranean over the last twenty years, focusing on maritime boundary delimitation. Examining the impact that the hydrocarbon discoveries have had on the application of the law of the sea rules by the East Med states, the book looks at the new trends concerning the implementation of the law of the sea in the region. The book analyses regional state practice in terms of maritime delimitation, namely the conclusion of bilateral agreements based on the law of the sea rules, both conventional and customary, reflecting the East Med states' willingness to cooperate in order to reap the benefits of the energy windfall. Alongside this analysis, an outline of the hydrocarbon discoveries and the pertinent maritime activities is given, as well as further coverage of the overlapping maritime claims and disputes between Greece, Cyprus and Turkey on one side, and Lebanon and Israel on the other. Moreover, the book examines the validity of maritime claims made by or through non-state entities in the region, namely the State of Palestine, the UK Sovereign Base Areas and the so-called 'Turkish Republic of Northern Cyprus' and their potential impact on the delimitation agreements already in place. The book argues that the East Med paradigm concerning the successful application of the pertinent norms in maritime delimitation proves that international law is resilient and capable of providing solutions in other turbulent regions around the globe. This book will be of interest and importance to academics and students of international law, professionals in the oil and shipping industries, legal professionals and government agencies.

Armed Conflict and Human Rights Law - Protecting Civilians and International Humanitarian Law (Paperback): Daniel Ivo Odon Armed Conflict and Human Rights Law - Protecting Civilians and International Humanitarian Law (Paperback)
Daniel Ivo Odon
R1,222 Discovery Miles 12 220 Ships in 12 - 17 working days

This book explores developments in international law regarding the relationship between human rights law and international humanitarian law and their coapplicability in armed conflict situations. The work examines the jurisprudence of the international human rights courts and looks at the Inter-American and European Courts of Human Rights case law in dealing with new emergencies in armed conflicts. It argues that a new interpretation and application of the law is required to deal with current needs while remaining faithful to moral commitments made in the international arena. In this way, the book deals with recent cases and their rationale to build a new understanding of law and international policy that complies with the globalization process and progress towards an enhancement of the international community's legal framework. Combining the emergencies in armed conflicts with the mutual enforcement of human rights law and humanitarian law, this book holistically develops concepts and theories to present a pragmatic solution to moral quandaries over the targeting of civilians during armed conflict situations. The book will be a valuable resource for academics, researchers and policy-makers in the areas of international human rights and international humanitarian law.

Humanitarian Intervention, Colonialism, Islam and Democracy - An Analysis through the Human-Nonhuman Distinction (Paperback):... Humanitarian Intervention, Colonialism, Islam and Democracy - An Analysis through the Human-Nonhuman Distinction (Paperback)
Gustavo Gozzi
R1,236 Discovery Miles 12 360 Ships in 12 - 17 working days

This book offers a critical analysis of the European colonial heritage in the Arab countries and highlights the way this legacy is still with us today, informing the current state of relations between Europe and the formerly colonized states. The work analyses the fraught relationship between the Western powers and the Arab countries that have been subject to their colonial rule. It does so by looking at this relationship from two vantage points. On the one hand is that of humanitarian intervention-a paradigm under which colonial rule coexisted alongside "humanitarian" policies pursued on the dual assumption that the colonized were "barbarous" peoples who wanted to be civilized and that the West could lay a claim of superiority over an inferior humanity. On the other hand is the Arab view, from which the humanitarian paradigm does not hold up, and which accordingly offers its own insights into the processes through which the Arab countries have sought to wrest themselves from colonial rule. In unpacking this analysis the book traces a history of international and colonial law, to this end also using the tools offered by the history of political thought. The book will be of interest to students, academics, and researchers working in legal history, international law, international relations, the history of political thought, and colonial studies.

The Cold War, the Space Race, and the Law of Outer Space - Space for Peace (Paperback): Albert K. Lai The Cold War, the Space Race, and the Law of Outer Space - Space for Peace (Paperback)
Albert K. Lai
R1,229 Discovery Miles 12 290 Ships in 12 - 17 working days

The Cold War, the Space Race, and the Law of Outer Space: Space for Peace tells the story of one of the United Nations' most enduring and least known achievements: the adoption of five multilateral treaties that compose the international law of outer space. The story begins in 1957 during the International Geophysical Year, the largest ever cooperative scientific endeavor that resulted in the launch of Sputnik. Although satellites were first launched under the auspices of peaceful scientific cooperation, the potentially world-ending implications of satellites and the rockets that carried them was obvious to all. By the 1960s, the world faced the prospect of nuclear testing in outer space, the placement of weapons of mass destruction in orbit, and the militarization of the moon. This book tells the story of how the United Nations tried to seize the promise of peace through scientific cooperation and to ward off the potential for war in the Space Age through the adoption of the Outer Space Treaty, the Rescue and Return Agreement, the Liability Convention, the Registration Convention, and the Moon Agreement. Interdisciplinary in approach, the book will be of interest to scholars in law, history and other fields who are interested in the Cold War, the Space Race, and outer space law.

Freedom of Navigation and the Law of the Sea - Warships, States and the Use of Force (Paperback): Cameron Moore Freedom of Navigation and the Law of the Sea - Warships, States and the Use of Force (Paperback)
Cameron Moore
R614 Discovery Miles 6 140 Ships in 12 - 17 working days

There has been a recent increase in clashes between warships asserting rights to navigate and states asserting sovereignty over coastal waters. This book argues for a set of rules which respect the rights of coastal states to protect their sovereignty and of warships to navigate lawfully, whilst also outlining the limits of each. The book addresses the issue of the clash between warships and states by considering the general principles applying to use of force in the law of the sea and the law of national self-defence. It focuses on the right of coastal states to use force to prevent passage of warships which threaten their sovereignty, with particular reference to the specific maritime zones, as well as by warships to ensure passage or to defend themselves. The book also assesses the extent to which the law of armed conflict may be applicable to these issues. The conclusion draws together a set of rules which take account of both contemporary and historical events and seeks to balance the competing interests at stake. Providing a concise overview of the enduring issue of freedom of navigation, this book will appeal to anyone studying international law, the law of the sea, security studies and international relations. It will also be of interest to naval, coast guard and military officers as well as government legal advisors.

The Language of Law and Food - Metaphors of Recipes and Rules (Paperback): Salvatore Mancuso The Language of Law and Food - Metaphors of Recipes and Rules (Paperback)
Salvatore Mancuso
R1,233 Discovery Miles 12 330 Ships in 12 - 17 working days

This book reconsiders the use of food metaphors and the relationship between law and food in an interdisciplinary perspective to examine how food related topics can be used to describe or identify rules, norms, or prescriptions of all kinds. The links between law and food are as old as the concept of law. Many authors have been using such links in creative ways to express specific features of law. This is because the language of food and cooking offers legal thinkers and teachers mouth-watering metaphors, comparing rules to recipes, and their combination to culinary processes. This collection focuses on this relationship between law and food and takes us far beyond their mere interaction, to explore different ways of using these two apparently so diverse elements to describe different phenomena of the legal reality. The authors use the link between food and law to describe different aspects of the legal landscape in different areas and jurisdictions. Bringing together metaphors and indirect correlations between law and food, the book explores different models of approaching legal issues and considering different legal challenges from a completely new perspective, in line with the multidisciplinary approach that leads comparative legal studies today and, to a certain extent, revisiting and enriching it. With contributions in English and French, the book will be of interest to academics and researchers working in the areas of law and food, law and language, and comparative legal studies.

The Role of Law in Governing Sustainability (Paperback): Volker Mauerhofer The Role of Law in Governing Sustainability (Paperback)
Volker Mauerhofer
R1,241 Discovery Miles 12 410 Ships in 12 - 17 working days

This book explores how public and private actors can interrelate to achieve also by means of law a sustainable development which is beneficial for the environment, society and the economy. The Role of Law in Governing Sustainability assesses the structure, functions and perspectives of law in the wider governance frameworks of sustainable development. It provides latest and in-depth insights from each of the three dimensions of sustainable development and the relations among them. Latest political developments on global and regional level related to the environmental, social and the economic dimensions are provided as well as in-depth case studies. Thereby the book explores how international and national laws and governance can help us move towards a more sustainable future. This book will be of great interest to students and scholars of environmental law, global governance and sustainable development.

Routledge Handbook of Global Health Rights (Paperback): Clayton O Neill, Charles Foster, Jonathan Herring, John Tingle Routledge Handbook of Global Health Rights (Paperback)
Clayton O Neill, Charles Foster, Jonathan Herring, John Tingle
R1,320 Discovery Miles 13 200 Ships in 12 - 17 working days

This book examines the idea of a fundamental entitlement to health and healthcare from a human rights perspective. The volume is based on a particular conceptual reasoning that balances critical thinking and pragmatism in the context of a universal right to health. Thus, the primary focus of the book is the relationship or contrast between rights-based discourse/jurisprudential arguments and real-life healthcare contexts. The work sets out the constraints that are imposed on a universal right to health by practical realities such as economic hardship in countries, lack of appropriate governance, and lack of support for the implementation of this right through appropriate resource allocation. It queries the degree to which the existence of this legally enshrined right and its application in instruments such as the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Universal Declaration of Human Rights (UDHR) can be more than an ephemeral aspiration but can, actually, sustain, promote, and instil good practice. It further asks if social reality and the inequalities that present themselves therein impede the implementation of laudable human rights, particularly within marginalised communities and cadres of people. It deliberates on what states and global bodies do, or could do, in practical terms to ensure that such rights are moved beyond the aspirational and become attainable and implementable. Divided into three parts, the first analyses the notion of a universal inalienable right to health(care) from jurisprudential, anthropological, legal, and ethical perspectives. The second part considers the translation of international human rights norms into specific jurisdictional healthcare contexts. With a global perspective it includes countries with very different legal, economic, and social contexts. Finally, the third part summarises the lessons learnt and provides a pathway for future action. The book will be an invaluable resource for students, academics, and policymakers working in the areas of health law and policy, and international human rights law.

Performance Requirements and Investment Incentives Under International Economic Law (Hardcover): David Collins Performance Requirements and Investment Incentives Under International Economic Law (Hardcover)
David Collins
R3,207 Discovery Miles 32 070 Ships in 12 - 17 working days

In this discerning book, David Collins provides an eloquent analysis of performance requirements and investment incentives as vital tools of economic policy. Adopting a consciously broad definition of both instruments, this work provokes a constructively critical assessment of their existing treatment under international economic law.Performance Requirements and Investment Incentives Under International Economic Law astutely links the debate surrounding the use of such tools to the rise of emerging markets as key participants in economic globalization. The industrialization of developing countries has led to an increased reliance on foreign direct investments as a method of growth, in turn giving rise to the implementation of various regulatory strategies. Innovatively focusing on the inter-relation between performance requirements and investment incentives, David Collins illustrates the problems caused by their differential control and considers some possible approaches to achieving effective oversight. Drawing on network governance theory, he considers a unified regime of governance, which would allow for more comprehensive and systematic evaluation. Detailed and informative, this book will prove a useful reference tool for both academic and practicing lawyers as well as providing an excellent grounding for students and scholars of international economic law and international investment law. Governmental policy analysts will find its accessible style highly rewarding.

Business, Religion and the Law - Church and Business Autonomy in The Secular Economy (Hardcover): Matteo Corsalini Business, Religion and the Law - Church and Business Autonomy in The Secular Economy (Hardcover)
Matteo Corsalini
R3,844 Discovery Miles 38 440 Ships in 12 - 17 working days

This book investigates the intersection between business and religion from a legal perspective. Taking a fresh look at some of the most compelling literature in law and religion, it proposes a rethinking of what scholars on both sides of the Atlantic have dubbed "church autonomy" or, more recently, "corporate religious freedom". The volume explores how, in the wake of a decade of US Supreme Court case law, corporate religious freedom is now increasingly being extended to protect the religious liberty of another corporate entity: the for-profit corporation. By exposing this shift from church to business autonomy in American law, it is argued that a similar narrative has also begun to take place in Europe. Through a comparative and interdisciplinary approach to corporate religious freedom, the work provides the reader with a new, comprehensive, and easily accessible history of the genesis and evolution of this legal category in American and European law. The book combines material that straddles international law and religion, corporate law, and economic theory. The diversity of views contained within it makes it a valuable resource for scholars and students in law and religion, corporate social responsibility, and law and economics.

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