This is a book for an extraordinary time, about a pandemic for which there is no modern precedent. It is an edited collection of original essays on Asia's legal and policy responses to the Covid-19 pandemic, which, in a matter of months, swept around the globe, infecting millions. It transformed daily life in almost every corner of the planet: lockdowns of cities and entire countries, physical distancing and quarantines, travel restrictions and border controls, movement-tracking technology, mandatory closures of all but essential services, economic devastation and mass unemployment, and government assistance programs on record-breaking scales. Yet a pandemic on this scale, under contemporary conditions of globalization, has left governments and their advisors scrambling to improvise solutions, often themselves unprecedented in modern times, such as the initial lockdown of Wuhan. This collection of essays analyzes law and policy responses across Asia, identifying cross-cutting themes and challenges. It taps the collective knowledge of an interdisciplinary team of sixty-one researchers both in the service of policy development, and with the goal of establishing a scholarly baseline for research after the storm has passed. The collection begins with an epidemiological overview and survey of the law and policy themes. The jurisdiction-specific case studies and cross-cutting thematic essays cover five topics: first wave containment measures; emergency powers; technology, science, and expertise; politics, religion, and governance; and economy, climate, and sustainability. Chapter 20. Cambodia: Public Health, Economic, and Political Dimensions by Ratana Ly, Vandanet Hing, & Kimsan Soy is available for free here: http://fdslive.oup.com/www.oup.com/academic/pdf/law/RamrajCO VID19AsiaCH20.pdf

This book details various stages in the introduction, establishment and evolution of China's environmental management system. By combining a literature review, comparative analysis, and case study, it investigates the environmental management system in several key periods in order to systematically assess the necessary measures and appropriate adjustments the Chinese Government implemented to reconcile the growing conflicts between economic development and resources conservation, in the context of rapid economic growth and economic transformation. Given its scope, the book offers a valuable resource for experts, scholars, and government officials in related fields.

This outstanding book focuses on how economics can contribute to the design, implementation and appraisal of legal systems that create the 'right' incentives for environmental protection. The sixteen original and specially commissioned contributions - written by some of the leading names in their field - span many of the important areas of contemporary interest and employ case study material combined with theoretical, empirical and experimental research. The book addresses many topical issues including: the fundamental notions of property rights and social norms; the design and implementation of civil liability regimes; the use of criminal law as an instrument of environmental policy; the role that citizen suits, self-monitoring and self-enforcement could and should play in the implementation of law; the international harmonisation of environmental law; and the treatment of environmental damages in courts. Cutting-edge economic technique is motivated by, and articulates with, real and pressing policy debates. The contributors refer to a range of legal cases and policy decisions, and draw out a host of policy implications and prescriptions for settings as diverse as Superfund reform in the US and the harmonisation of landfill regulations in the European Union. By combining incisive overviews of the latest thinking and results, complemented by original analysis, The Law and Economics of the Environment will appeal to researchers and students of the environment, law and economics, policy practitioners and those with an interest in knowing what constitutes 'good' environmental law.

This new dictionary makes an important and innovative contribution to the reference literature on the environment. International in scope, it provides up-to-date entries on macro and micro issues in environmental law in both developed and developing countries. Written by an author with both practical experience in the field, and six previous dictionaries to his name, this book adopts non-technical language to improve access to key topics in environmental law. It combines the use of case studies, best practice models, straightforward definitions and clear explanatory boxes. This dictionary will be invaluable to everyone involved with environmental law; including students of law as well as those in engineering and the social sciences. It will also provide essential reference for all official national and international agencies, environmental protection groups and NGOs, plus environment and planning departments at every level.

In the last twenty years the biofuels industry has developed rapidly in many regions of the world. This timely book provides an in-depth and critical study of the law and policies in many of the key biofuels producing countries, such as Brazil, China and the US, as well as the EU, and a number of other countries where this industry is quickly developing. Drawing on a range of disciplines, the contributors examine the roles of the public and private sectors in the governance of biofuels. They discuss topics such as sustainability and biofuels, and provide a critical review of regulatory regimes for biofuels. They conclude by proposing recommendations for more effective and efficient biofuel policies. Academics working in the area of renewable energy and students in environmental law will find this book to be of interest. It will also be of use to policy makers around the world looking to learn from various existing regimes. Contributors: G. Berndes, M. Brandao, A. Cowie, A. Cowie, K.S. Dahmann, J. De Beer, O. Englund, L.B. Fowler, A. Genest, L. Guo, M.-H. Labrie, Y. Le Bouthillier, E. Le Gal, O.J. Lim Tung, W.E. Mabee, F. Maes, L.D. Malo, M. Mansoor, P. Martin, H. Mcleod-Kilmurray, M.J.F. Montefrio, B.E. Olsen, R.O. Owino, P. Pereira De Andrade, M. Powers, A. Ronne, P.M. Smith, T. Smith, S. Soimakallio, I. Stupak, V.M. Tafur, A.R. Taylor

From the creators of the UK's bestselling Law Express revision series. Maximise your marks for every answer you write with Law Express Question and Answer. This series is designed to help you understand what examiners are looking for, focus on the question being asked and make even a strong answer stand out.

This monograph examines how European Union law and regulation address concentrations of private economic power which impede free information flows on the Internet to the detriment of Internet users' autonomy. In particular, competition law, sector specific regulation (if it exists), data protection and human rights law are considered and assessed to the extent they can tackle such concentrations of power for the benefit of users. Using a series of illustrative case studies, of Internet provision, search, mobile devices and app stores, and the cloud, the work demonstrates the gaps that currently exist in EU law and regulation. It is argued that these gaps exist due, in part, to current overarching trends guiding the regulation of economic power, namely neoliberalism, by which only the situation of market failure can invite ex ante rules, buoyed by the lobbying of regulators and legislators by those in possession of such economic power to achieve outcomes which favour their businesses. Given this systemic, and extra-legal, nature of the reasons as to why the gaps exist, solutions from outside the system are proposed at the end of each case study. This study will appeal to EU competition lawyers and media lawyers.

Every day, large numbers of altruistic individuals, in the absence of any legal duty, provide substantial and essential services for elderly and disabled people. In doing so, many such informal carers suffer financial burdens and other disadvantages. This book considers the scope for a "private law" approach to rewarding, supporting, or compensating carers, which is an increasingly vital topic in the context of an ageing population and the need for savings in public expenditure. Adopting a comparative approach, the book explores the recognition of the informal carer and his or her relationship with the care recipient within diverse fields of private law, from unjust enrichment to succession. Aspects of the analysis include the importance of a promise of a reward from the care recipient and the appropriate measure of any remedy. In considering the potential for expansion of a "private law" approach for carers, the book addresses the fundamental and controversial question of the price of altruism. (Series: Hart Studies in Private Law)

This research collection offers a comprehensive investigation into ecological approaches into environmental law. It brings together a kaleidoscope of different articles to examine the critique of environmental law, the ethical dimensions, and methodology before exploring the key issues focusing on rights and responsibilities, property and the commons, governance and constitutionalism. It also presents work that looks into the theory of Earth Jurisprudence. Together with an original introduction, this collection is an indispensable reference for anyone interested in ecological approaches to environmental law.36 articles, dating from 1949 to 2015 Contributors include: D. Boyd, A. Boyle, C. Cullinan, S. Gaines, L. Kotze, R. Lazarus, A. Leopold, H. Rolston II, M. Sagoff, C. Stone

The Best Interests Assessor (BIA) Practice Handbook is firmly grounded in real-life practice and remains the only textbook focusing directly on the BIA role. Offering clear and practical advice on the legal elements of the role, and the values and practice elements of working within the Deprivation of Liberty Safeguards (DoLS) framework, this is essential reading for BIA students and practitioners. This fully-updated edition takes account of recent legislative changes, including the planned changes from the Liberty Protection Safeguards (LPS), recent case law and the impact of the COVID-19 pandemic on BIA practice. Packed with advice on delivering effective, person-centred, rights-driven practice, it includes: * case studies; * legal summaries; * decision-making activities; * CPD support; * examples of new case law in practice. Looking forward, the book considers the new context for practice in the Approved Mental Capacity Professional (AMCP) role within the LPS and the potential roles that BIAs might fulfil in this new framework in the future.

Can waste become a profitable business rather than a costly problem, creating green business opportunities and green jobs while protecting the environment? Might this reduce illegal trade and improper recycling of hazardous wastes by making the legitimate alternatives more attractive? Addressing these questions, this book examines environmentally sound waste management as a driver in the transition to a Green Economy, and discusses how this transition is challenged by technical limitations, weak regulatory environments and lack of financial incentives. This in-depth analysis of the link between waste management and a Green Economy identifies key elements of a solid overarching legal and policy framework that could address these challenges, noting that consistent implementation and enforcement is crucial. It complements its examination of the legal and policy issues with contributions on technical and economic aspects, taking into account the interdisciplinary nature of the problem, and offers a perspective from Asia, where the challenges of waste management as well as the possible opportunities are particularly significant. With interdisciplinary authorship and contributions drawn from academia and practice, this book will be a timely resource for academics and practitioners in the areas of law, policy and economics. It will also provide insights for civil servants engaged in waste policy and related areas, private sector operators engaged in waste management and sustainable development, and non-governmental organizations engaged in environmental protection and poverty reduction efforts. Contributors include: J. Baumgartner, M. Grosz, T. Hardman Reis, K. Kummer Peiry, J. Li, J. North, P. Portas, R. Rayfuse, M. Schluep, X. Sun, J. Voinov Kohler, V. Weick, B. Zhu, A. Ziegler

Professors Grear and Kotze have masterfully fashioned a landmark work on human rights and the natural environment. This Research Handbook is more than just a library of current ideas about this important topic; it is an intellectual tour de force that stimulates new thinking on the place of social justice and moral responsibility in the Anthropocene.' - Benjamin J. Richardson, University of Tasmania, Australia'As the connections between human rights and the environment become deeper and broader, this Handbook offers an indispensable point of reference. A seriously impressive group of scholars addresses a seriously interesting range of themes that inform and challenge the totality of our understanding.' - Philippe Sands, University College London, UK Bringing together leading international scholars in the field, this authoritative Handbook combines critical and doctrinal scholarship to illuminate some of the challenging tensions in the legal relationships between humans and the environment, and human rights and environment law. The accomplished contributors provide researchers and students with a rich source of reflection and engagement with the topic. Split into five parts, the book covers epistemologies, core values and closures, constitutionalisms, universalisms and regionalisms, with a final concluding section exploring major challenges and alternative futures. An essential resource for students and scholars of human rights law, the volume will also be of significant interest to those in the fields of environmental and constitutional law. Contributors: S. Adelman, U. Beyerlin, K. Bosselmann, D.R Boyd, P.D. Burdon, L. Code, L. Collins, S. Coyle, C.G Gonzalez, E. Grant, A. Grear, E. Hey, C.J. Iorns Magallanes, B. Jessup, A. Jones, A. A. Khavari, L.J. Kotze, R. Lyster, K. Morrow, A. Philippopoulos-Mihalopoulos, W. Scholtz, P. Simons, S. Theriault, F. Venter

Because the original and essential value of spatial data A- data that refer to specific geographical locations or areas A- lies in environmental decision-making, such data mostly originate in the public sector and are made available to people, companies, and public bodies according to rules of access, re-use and sharing. In the European Union, a complex system is in place by which public provision of spatial data is determined according to a tripartite distinction: sharing among public bodies for environmental policy purposes; public information or access upon request; and re-use for commercial or non-commercial purposes based upon the economic value of the data. How well does this distinction hold up against actual demands? It is the contention of this important book that these three categories overlap in practice, and that the rules that emerge from this distinction A- and govern use of the data A- are rendered ineffective by the character of the public task, which remains contingent, evolving, and political. In the first study to treat the subject in depth, Katleen Janssen analyses the concepts that determine the application of the EU legal framework for the availability of spatial data. Drawing on a wide range of relevant sources A- the fundamental EC directives (including the evolution towards these texts in earlier initiatives and preparatory documents), other European legislation, cases at several levels, and literature from economics and social and political science A- she clearly exposes the impact of the lack of effective distinction between the applicable rules. In the course of the analysis, several major issues and topics arise, including the following: A { public bodies A| use of the data for extra revenue; A { the public task debate and competition law; A { charging for public sector spatial data: cost recovery vs. open access; A { typologies of data, data providers and users, and data usage The author also offers numerous perspectives on various relevant initiatives by United Nations agencies, the Council of Europe (including case law of the European Court of Human Rights), and the Organisation for Economic Co-operation and Development, as well as implications embodied in the Rio Declaration on Environment and Development and the Aarhus Convention. It would be difficult to overestimate the significance of this incisive work in the development of European environmental law. In its detailed analysis of the goals for which spatial data are provided, the level of processing the data undergo before they are made available, and the type of data that are requested, it gives policymakers, practitioners and academics in the field a rich depository of information, commentary, guidance, and insight.

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 new addition to Hart Publishing's Landmark Cases series brings together leading figures in the field to discuss a selection of the most significant cases in medical law. These are cases which either signpost a new development for medical law, illustrate an important development of the law, or signpost likely future developments of the law. The cases are explored in their social and historical context to understand better what has influenced the development of the law. This collection provides a fascinating insight in the interaction of medical law and broader social changes to our bodies, illness and medical professionals.

As technology becomes further engrained in the modern healthcare experience, an understanding of the impact created by the implementation of each new technology as well as the issues surrounding the today's medical experience is never more necessary. New Technologies for Advancing Healthcare and Clinical Practices chronicles the latest developments that are forming the future of medicine. This book introduces and explores the current technological innovations and applications of information systems and informatics in the healthcare industry while directing frameworks for advancing healthcare and clinical practices and research. Practitioners, educators, and researchers will find an international collection of case studies, surveys, and empirical research using qualitative approaches.

This book offers a comprehensive and critical evaluation of the distribution and ownership of digital content within the EU. The analysis builds on the debate surrounding 'digital exhaustion' and is focused around three generations of supply of digital content: hardcopy sales, downloads and online access. For each generation, the supplying act and the ability to further transfer what was supplied is scrutinized in the light of EU copyright and neighbouring rights law. Going beyond a description of case law, this book highlights inconsistencies and frictions caused by the CJEU and addresses the fate for novel business models, hybrid works and neighbouring rights. Finding that copyright is only one part of the puzzle, Simon Geiregat offers broader perspectives to the transferability discussion by involving impeding digital architecture (technical protection measures) and the 'data ownership' debate, and by bringing consumer contract law and property law as well as equal treatment into the analysis. Providing a rigorous overview of the law surrounding digital content, this will be a valuable read for academics and practitioners with an interest in EU copyright and the debates on propertization and transferability in the digital context. It will also be beneficial to music and film organisations and distributors involved in supplying digital content in the European market.

This timely book provides the first legal and policy analysis of the intellectual property (IP) aspects of a rapidly-growing category of regulatory measures affecting the presentation and advertising of certain health-related goods. The key goods examined are tobacco, alcohol, food, and pharmaceuticals. Chapters focusing on both distinct policy areas and specific country examples serve to unearth the inherent tension emerging between these new measures as well as other categories of public health measures and IP regimes. This book discusses how to balance the legitimate interests of governments to promote human health and the protection and enforcement of IP rights. It also further explores how to amend IP regimes with a view to encouraging companies to produce and market healthier products. Comprehensive and engaging, this book will provide innovative research angles to academics and students in the areas of both health and IP law. Its wealth of examples and analytic style will also prove insightful to legal professionals who advise on issues related to IP and public health as well as policy makers, governments and NGOs. Contributors include: A. Alemanno, J. Blum, E. BonadioI, I. Calboli, I. Carreno, M. Chon, M. Davison, M. Elsmore, M.T. Fujiye, E. Laurenza, A. Marsoof, A. Mitchell, V. Vadi

This book stands out from others on media law by emphasising the increasingly important regulatory and European aspects, and focussing less on more traditional common law topics. The authors take a comparative approach, using material from the USA and Commonwealth jurisdictions, as well as looking at relevant aspects of Human Rights law. The commentary is comprehensive and critical, introducing you to the wide range of technical and policy questions which are posed in the field of media law.

Many teachers in public schools find themselves increasingly unsure of what the law expects of them in the classroom. The general public and government regulators are holding them to higher and stricter standers of conduct, but their educational preparation has not kept up with the changing environment. Knowing Where to Draw the Line: Ethical and Legal Standards for Best Classroom Practice is an ideal guide for teacher education programs, offering a comprehensive account of the legal information that will arm teachers for legal survival in the classroom. Organized for both easy reference and thorough examination, Knowing Where to Draw the Line: Ethical and Legal Standards for Best Classroom Practice instructs teachers on how to deal with students, parents, administrators, and local communities, covering an exhaustive list of legal issues including: Sexual harassment, Discipline, Contract negotiations, Liability, and Medical Concerns. In addition, Knowing Where to Draw the Line: Ethical and Legal Standards for Best Classroom Practice highlights a number of court cases and uses hypothetical cases to further aid teachers in understanding these vital concerns.

Digital and social media companies such as Apple, Google, and Facebook grip the globe with market, civic, and political strength akin to large, sovereign states. Yet, these corporations are private entities. How should states and communities protect the individual rights of their citizens - or their national and local interests - while keeping pace with globalized digital companies? This scholarly compendium examines regulatory solutions which encourage content diversity and protect fundamental rights. The volume compares European and US regulatory approaches, including closer focus on topics such as privacy, copyright, and freedom of expression. Further, we propose pedagogical models for educating students on possible regulatory regimes of the future. Our final chapter invites readers to consider social and digital media regulation for both this generation and the ones to come. Chapter(s) "Introduction: New Paradigms of Media Regulation in a Transatlantic Perspective", "From News Diversity to News Quality: New Media Regulation Theoretical Issues" and "The Stakes and Threats of the Convergence Between Media and Telecommunication Industries" are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.