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Books > Law > Laws of other jurisdictions & general law > Social law
This book explores the interplay between regulation and emerging technologies in the context of synthetic biology, a developing field that promises great benefits, and has already yielded fuels and medicines made with designer micro-organisms. For all its promise, however, it also poses various risks. Investigating the distinctiveness of synthetic biology and the regulatory issues that arise, Alison McLennan questions whether synthetic biology can be regulated within existing structures or whether new mechanisms are needed. Adopting an interdisciplinary approach, McLennan draws on diverse areas of law, the science of synthetic biology and the history and sociology of science. She concludes that synthetic biology presents novel regulatory challenges relating to environmental risk, biosafety, biosecurity and intellectual property. These challenges arise from the uniqueness of the science, the nature of its communities of scientists (including citizen scientists or 'biobunks') and the uncertainty surrounding possible hazards. Some scientists see intellectual property protection as a way to push innovation forward (bioentrepreneurs), while others openly share synthetic biology tools such as BioBricks. By understanding the range of regulatory challenges, the book make a case for enhanced regulation that protects us from synthetic biology's risks, whilst capturing its potential to improve our world. Regulation of Synthetic Biology will be essential reading for academics and students in the social sciences and law, as well as for scientists working in synthetic biology, and policymakers in innovation, science and the regulation of these fields.
It is widely claimed that we are facing a 'demographic time bomb' with an increasing older population and a decreasing working population. On the whole there are three conflicting attitudes in society towards older people. Firstly, there are those who see older people as a 'problem': how can we afford their care? Will the NHS be crippled by the expense of caring for older people? Secondly, there are those who are concerned by the maltreatment of older people: how can we protect older people from abuse? How can we be sure they are receiving adequate health care? Finally, there are those who argue that society is squandering the resources that older people can offer and seek ways to empower them to play a more active role in community life. These conflicting views of how to approach the 'problem' of older people are also reflected in the mixed response of the law. This book presents possible solutions to these problems and highlights the need not only to protect older people from abuse and poverty in order to ensure that they have a dignified old age, but also the need to empower older people to live their final years in an active and fulfilling way.
This innovative Handbook provides an expansive interrogation of the spaces and places of law, exploring how we engage relationally in a material world, within which we are inter-dependent and reliant, and governed by laws in a dynamic process. It advances novel insights into the numerous intersections of space, place and law in our lives. International contributors offer a range of activity-orientated analyses, focusing on methodology, embodied experience, legal pluralism, conflict and resistance, and non-human and place agency. The Handbook examines a number of cross-cutting themes including social inequality, environmental justice, sustainability, urban development, Indigenous legal systems, the effects of colonialism and property law. Representing a diversity of locales from all around the world, the chapters encompass both urban and rural, terrestrial and marine areas, agential and storied spaces, and fictional as well as ''real'' places. Taking a multidisciplinary approach that incorporates law, human and legal geography, planning, sociology, political ecology, anthropology, and beyond, this comprehensive Handbook will be critical reading for scholars and students of these and cognate areas. Its discussion of empirical examples will also be beneficial for practitioners and policymakers interested in these fields.
At a time when the planet's wildlife faces countless dangers, international environmental law continues to overlook its evolving welfare interests. This thought-provoking book provides a crucial exploration of how international environmental law must adapt to take account of the growing recognition of the intrinsic value of wildlife. Animal Welfare and International Environmental Law offers compelling and timely arguments in favour of wildlife's inherent worth and proposes a progressive development of the law in response to its needs and interests. Taking into account recent trends in bioethics and conservation, these critical discussions of wildlife welfare have dramatic implications for the future of sustainable development and sustainable use. The book challenges assumptions by taking a perspective which decentres the needs of humans and instead emphasises the growing need to protect wildlife with compassion and care. This book will prove invaluable to both students and scholars of environmental law, animal law and international law more widely. It will also appeal to policymakers, legal scholars and NGOs dealing with the imminent needs of the earth's wildlife. Contributors include: D. Bilchitz, M. Bowman, S. Riley, J. Schaffner, W. Scholtz, K. Sykes, S. White
The environmental challenges of the twenty-first century have raised profound questions regarding the suitability of environmental law to manage the many complex issues at hand. This insightful book considers how the law has adapted to address these challenges and considers the ways in which it might be used to cope with environmental risks and uncertainties, whilst also promoting resilience and greater equality. The book uses a multi-disciplinary approach to address the compatibility of law with the notions of risk and resilience, it scrutinises how capable these approaches are to effect equitable solutions to environmental risks, and it raises important questions about multi-level and participatory governance. Key chapters examine a variety of global experiments in countries such as China and countries in Latin America, to generate further governance of the environment, improve the available legal tools and give a voice to more diverse groups. Students and scholars across a variety of fields such as environmental studies, socio-legal studies, law, and risk regulation will find this an stimulating read. Senior policy-makers in central and local government, regulators and risk managers will also find this book imperative in their efforts to manage the dilemmas of environmental control. Contributors include: F.H. Barnes, D. Curran, C. Holley, B.M. Hutter, C. Ituarte-Lima, T. Johnson, J. McDonald, L. Patton, O.W. Pedersen, D. Satterthwaite, E. Sofronova, H. Wang
This authoritative Research Handbook offers wide-ranging coverage of both traditional and emerging topics dealing with the regulation of ocean space and highlights the key academic debates around ocean governance. It provides a formidable interface between the 1982 UNCLOS Convention and the international law regulating ocean governance, while influencing its further evolution through suggestions for future research in the field. The Research Handbook on Ocean Governance Law demonstrates that governance of natural resources is instrumental for international peace and security, and that humankind's well-being and its very resilience is intrinsically linked to the good governance of the ocean's natural resources. Contributions from leading experts in the field include an innovative combination of both legal doctrine and case studies, with chapters looking into issues such as human rights, sustainability, maritime trafficking and terrorism. Providing a comprehensive and integrated approach towards ocean governance law, this important book will be an ideal resource for academics, researchers and students interested in environmental and international law. Legal advisors and policy makers working closely with ocean and maritime affairs will also find this a useful reference.
This must-have book is a comprehensive yet accessible guide to copyright and related rights in the music industry. It provides clear and concise instruction on how copyright works in practice and how it applies to music specifically, as well as covering how to manage, utilise and enforce copyright, what infringement looks like and how to avoid it. The book illustrates this with relevant cases and real world examples, including practical, step-by-step guidance for stakeholders of all types. It also signposts the future of copyright in the music industry through an examination of new technologies such as artificial intelligence and blockchain. Key features include: An engaging and approachable writing style A practical orientation for those in the industry and their advisors The impact of social media on copyright infringement, management and remedies Accessible explanations of key concepts in copyright and related rights, as well as commonly misunderstood topics such as sampling and fair use. Musicians, producers, copyright holders and others working in the music industry will find this an indispensable and easy-to-use resource for navigating all aspects of music copyright. It will also be of interest to academics and students of copyright law for its discussion of contemporary issues such as technology and enforcement.
Aspects of education law provides a comprehensive description and analysis of the laws that currently inform, prescribe and influence the activities of educators and education managers, whether on the sports fields or in the boardroom, at the blackboard or behind a desk. This revised fourth edition of Aspects of education law places emphasis on the legal aspects that pertain to learner misconduct in South African schools, with extended chapters on human rights and school governance, and has been thoroughly updated in terms of new legislation and case law. It includes discussions of the position of the child as legal subject, the educator's duty of care and the administrative aspects of school management. Aspects of education law has become an essential resource for educators, lawyers, members of governing boards and parents, and all of those who are interested in ensuring high-quality schooling in South Africa. Previous editions have been hailed as being "among the highest in the international community" and "a must for ...scholars throughout the world with an interest in comparative education law" by American academics.
Over recent years, the inability of social security protection to reach workers without a formal employment contract has become an inconvenient reality in both the global north and south. This book explores how provisions for income security can be revised to effectively meet the needs of the labour force in varying economies. In developing economies, informal employment has traditionally accounted for a high proportion of overall employment and this trend looks set to continue. In the global north, the increasing use of flex-contracts and 'dependent self-employment' has led to a rise in the number of workers with limited income protection. An additional challenge for countries in both hemispheres is the rise of the 'gig' economy. This book is the first to open up a dialogue about social security coverage in the developed and developing world. Authors from both sides of the divide have contributed chapters and present a variety of insights, experiments and practices with the aim of identifying better ways to combat the growing social security challenge. Academic researchers with an interest in labour law and social policy will find this book to be an engaging source of innovative research. Practicing lawyers and policy makers will also benefit from the insights and examples provided from a number of different jurisdictions. ntributors include: C. Barnard, A. Blackham, E. Fourie, A. Govindjee, T. Gyulavari, D. Hofmeyr, L. Jianfei, A. Johansson Westregard, L. Lamarche, J. Li, J. Masabo, M. Olivier, P.A. Ortiz, A. Paz-Fuchs, M. Westerveld, M. Wynn
Water-Energy-Food Nexus Narratives and Resource Securities: A Global South Perspective provides a knowledge synthesis on the water-energy-food (WEF) nexus, focusing primarily on the global south. By presenting concepts, analytical tools, and case studies, the book serves as a practical resource for researchers, policymakers, and practitioners in sustainability and functional roles across all three sectors. It addresses key issues related to data availability, tools, indices, metrics, and application across multiple scales, beginning with a summary of existing knowledge. Finally, it examines the WEF nexus, presents global insights, and discusses future considerations and implications. This book presents an overview of existing knowledge on the WEF nexus and examines how such research aligns with emerging global WEF nexus perspectives, making it ideal for professionals, government entities, private industry, and the general public.
In the face of the failure of the traditional 'command and control' model of environmental regulation to curb the devastating losses of biodiversity around the world, policymakers are increasingly seeking new approaches to deal with this complex interdisciplinary issue. The Privatisation of Biodiversity? provides a timely contribution to this debate by exploring the legal aspects and the scope to strengthen conservation through these reforms. Colin Reid and Walters Nsoh draw on literature well beyond legal sources, particularly from ecology, environmental economics, and philosophy to reach a number of pragmatic conclusions on the issues discussed. The new approaches explored include payment for ecosystem services, biodiversity offsetting and conservation covenants, as well as taxation and impact fees. Such mechanisms introduce elements of a market approach as well as private sector initiative and resources. This book considers both the practical and ethical aspects of the regulatory choices available to identify the potential and limitations of an increasingly market-based regime. Bringing clarity and coherence to a complex issue, this book will act as a useful tool for environmental and public law scholars as well as other academics in a range of fields interested in biodiversity conservation. It will also provide valuable insight for policymakers, legal practitioners involved in planning, environmental and agricultural matters, public bodies with responsibility for conservation, landowners, managers and developers, individuals and NGOs dedicated to biodiversity, and students of nature conservation interested in exploring new mechanisms for achieving their objectives.
This book investigates the law's approach to suicide in England and Wales. It explores the seismic shift in perceptions of the law's role in respect of suicide from imprisonment as a punishment for attempting suicide, to courts hearing arguments about whether there is not only a right to suicide but also a right to assistance in suicide. This development stands alongside a global recognition of suicide prevention as a public health priority. In this book, the dual priorities of respect for autonomy and the protection of human life are recognised as equally important and the legal issues surrounding suicide in a range of different contemporary contexts, including suicide in prison and juvenile suicide, are considered. The book also investigates what the relationship between mental health and suicide means for its legal regulation, and evaluates the enduring legal offence of assisted suicide, particularly in the context of the terminally ill. It is argued that a more refined approach to the topic of voluntary death should be recognised in the law; one that distinguishes more clearly between autonomous decision-making about the end of life, and incapacitated self-caused risks to life that require effective preventative interventions.
The book offers a comprehensive overview of social security in the Balkan states. Social security is presented from a broad perspective as a mechanism that addresses human needs, provides protection against social risks, reduces social tensions and secures peace. Various sectors of social policy, pension systems, health care systems, disability insurance, labor policy as well as social risks, such as poverty and unemployment, have been analyzed from historical, economic, political, sociological and security perspective. The book also offers recommendations for improving the level of social security in the region. Contributors are: Maja Bacovic, Agata Domachowska, Dorota Domalewska, Tomasz Ferfecki, Afet Mamuti, Katerina Mitevska Petrusheva, Natalija Perisic, Kire Sharlamanov, Katerina Veljanovska Blazhevska, and Marzena Zakowska.
The labour law applicable to the education environment is comprehensive and covers a vast variety of aspects that everyone within that environment will encounter at one time or another. In the past, most employees in education may have had a vague understanding of particular laws and regulations regarding conditions of employment, but now it is essential to have a basic understanding of all relevant laws and regulations that apply. Teachers, especially, could find themselves in a proverbial minefield if they do not ensure that they have a working knowledge of education law. This is evidenced by the numerous lawsuits, disputes, mediations, disciplinary hearings and often unpleasant implications for individuals (and their families) that arise from charges against offenders in all sectors of education. Legislative changes resulting from altered circumstances in education, have led to the need to be constantly aware of the implications and applications of such changes. This urgent need applies not only to principals, but to everyone involved in education. On the one hand the responsibility for correct application and implementation of education legislation lies with the governing body and the head of an institution, but on the other hand it affects the people who work there. The authors of this book have a keen understanding of this vital need, and address it most effectively from their own invaluable experience that stems from practical involvement and thorough research in the field of education.
Challenging current attitudes to governance and regulation in business, this timely book ascertains how regulatory approaches can innovate to ensure sustainable business that contributes to social justice for current and future generations within ecological limits. Combining a research-based approach with a gendered perspective of how sustainability goals are shaped and how businesses should engage with them, this pioneering book creates a comprehensive and contemporary understanding of what sustainability means for business. Identifying the limitations of current approaches to gender and equality alongside the weaknesses of current regulatory and theoretical approaches in business, chapters seek to enhance the practical understanding and embeddedness of sustainability into business within legal and regulatory landscapes. Insights from an international collection of expert scholars in fields ranging from sustainability science to law offer meaningful alternatives to the sustainable business status quo on both conceptual and concrete levels. Providing a regulatory analysis of business positioned in a systems-based sustainability research framework, this book will prove an invaluable resource for students and scholars of sustainability science, business and management, and law and regulation. With practical insights, it will also prove essential for policymakers working in business regulation and sustainability in business.
This incisive volume of the Elgar Encyclopedia of Environmental Law offers a broad analysis of the foundations, main concepts, and substantive and procedural requirements of selected chemical law regimes as they pertain to the environment. Featuring contributions from more than 40 expert scholars and practitioners in the field, the volume focuses on chemical regulatory systems from representative jurisdictions, including the EU and the US, to provide a coherent overview of this expansive and often fragmented area of law. Divided into five thematic parts, the volume first examines the fundamental concepts of chemical law, addressing topics including risk assessment, nomenclature, environmental justice and animal testing. Entries then discuss types of chemicals and exposures, regulation of chemicals in products and manufacturing, and waste and contamination, as well as covering liability rules as they apply to chemicals. This volume will be an essential resource for scholars and students looking for a clear understanding of chemicals regulation and governance from environmental and public health perspectives at both national and international levels. Its insights into policy developments and liability issues will also be of interest to policymakers and practitioners.
Environmental Sustainability and Economy contains the latest practical and theoretical concepts of sustainability science and economic growth. It includes the latest research on sustainable development, the impact of pollution due to economic activities, energy policies and consumption influencing growth and environment, waste management and recycling, circular economy, and climate change impacts on both the environment and the economy. The 21st century has seen the rise of complex and multi-dimensional pathways between different aspects of sustainability. Due to globalization, these relationships now work at varying spatiotemporal scales resulting in global and regional dynamics. This book explores the complex relationship between sustainable development and economic growth, linking the environmental and social aspects with the economic pillar of sustainable development. Utilizing global case studies and interdisciplinary perspectives, Environmental Sustainability and Economy provides a comprehensive account of sustainable development and the economics of environmental protection studies with a focus on the environmental, geographical, economic, anthropogenic and social-ecological environment.
This discerning book examines the challenges, opportunities and solutions for courts adjudicating on environmental cases. It offers a critical analysis of the practice and judgments of courts from various representative and influential jurisdictions. Through the analysis and comparison of court practices and case law across global domestic courts as varied as the National Green Tribunal in India, the Land and Environment Court in Australia, and the District Court of The Hague in the Netherlands, the expert contributors bring together a wealth of knowledge in order to enhance mutual learning and understanding towards an environmental rule of law. In doing so, they illustrate that courts play a vital role in the formation and crystallization of rulings and decisions to protect and conserve the environment. Ultimately, they prove that there are many lessons to be learnt from other legal systems in seeking to maintain and enhance the environmental rule of law. Contemporary and global in scope, Courts and the Environment is essential reading for scholars and students of environmental law, as well as judges, legal practitioners and policymakers interested in understanding the legal challenges to and the legal basis for protecting environmental values in courts. Contributors: A. Bengtsson, L. Butterly, O. Chornous, T. Daya-Winterbottom, Y.K. Dewi, G.E.K. Dzah, H.S. Ferreira, R. Guidone, D. Hodas, A. Jayadi, S. Jolly, H. Jonas, A. Kennedy, N. Kichigin, E. Lamprea, M.A. Leon Moreta, B Liu, Z. Makuch, P. Martin, R.L.M. Mendes, N.H.T. Nam, A.M. Paez, R. Pepper, B. Preston, N. Robinson, D.A. Serraglio, O. Spijkers, C. Voigt, Z. Zhang |
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