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• 1. Introduction
• 2. The Early Years
• 3. The Parliamentary Battle for Restrictive Reform
• 4. The Battle for Normalisation
• 5. The Battle for Legal Meaning
• 6. The Battle for Northern Ireland
• 7. The Parliamentary Battle for Modernising Reform
• 8. A Biography of the 'Great Untouchable'
• Appendices
• Bibliography
• Index.
• (source: Nielsen Book Data)

The Abortion Act 1967 may be the most contested law in UK history, sitting on a fault line between the shifting tectonic plates of a rapidly transforming society. While it has survived repeated calls for its reform, with its text barely altered for over five decades, women's experiences of accessing abortion services under it have evolved considerably. Drawing on extensive archival research and interviews, this book explores how the Abortion Act was given meaning by a diverse cast of actors including women seeking access to services, doctors and service providers, campaigners, judges, lawyers, and policy makers. By adopting an innovative biographical approach to the law, the book shows that the Abortion Act is a 'living law'. Using this historically grounded socio-legal approach, this enlightening book demonstrates how the Abortion Act both shaped and was shaped by a constantly changing society.
(source: Nielsen Book Data)

• Finding solutions to the intractable ABS problems / Charles Lawson, Fran Humphries and Michelle Rourke
• The CBD's term 'sovereign right(s)' does not necessarily mean sovereignty / Todd Berry
• Common heritage or sovereign resource? The World Health Organisation's inconsistent approach to pathogen sharing / Mark Eccleston-Turner and Michelle Rourke
• Access and benefit sharing in a pandemic treaty and future international public health agreements / Sam F. Halabi
• Access and benefit sharing and biodiversity conservation : the unrealized connection / Rachel Wynberg and Sarah Laird
• Message in a bottle : DNA computers challenge access and benefit sharing regulation / Fran Humphries, Michelle Rourke and Charles Lawson
• What should we mean by 'open access'? / Marcel Jaspars and Abbe E.L. Brown
• Value judgements and the management of digital sequence information under the international access and benefit sharing regime / Michelle Rourke
• Access and benefit sharing and digital sequence information : unravelling the knot / Christine Frison and Elsa Tsioumani
• Compatible or incompatible? DSI, open access and benefit / Sharing Rodrigo Sara, Andrew Lee Hufton and Amber Hartman Scholz
• Access and benefit sharing and digital sequence information in Africa : a critical analysis of contemporary concerns in regional governance / Titilayo Adebola and Daniele Manzella
• Biocultural community protocols : making space for indigenous and local cultures in access and benefit sharing? / Christine Frison, Louisa Parks and Elsa Tsioumani
• Access and benefit sharing and biocultural protocols in the Pacific / Daniel Robinson and Margaret Raven
• Biological resources as cultural property and cultural heritage / Solamalemalo Saeumalo, Hai Yuean Faatapepe, Menime Tualima and Kathy Bowrey
• ABS from the perspective of an intellectual property professional at a public research institution / Mukul Ranjan
• Which Nagoya Protocol? User driven solutions to the legal uncertainty created by Nagoya / Brad Sherman
• The Torres Strait Eight : Climate Litigation, Biodiversity, Human rRghts and Indigenous Intellectual Property / Matthew Rimmer
• Monitoring compliance with Nagoya : lessons from India on building a techno-legal infrastructure to track bioprospecting activities / Allison Fish.

"Addressing the management of genetic resources, this book offers a new assessment of the contemporary Access and Benefit Sharing (ABS) regime. Debates about ABS have moved on. The initial focus on the legal obligations established by international agreements like the United Nations Convention on Biological Diversity and the form of obligations for collecting physical biological materials have now shifted into a far more complex series of disputes and challenges about the ways ABS should be implemented and enforced. These now cover a wide range of issues, including: digital sequence information, the repatriation of resources, technology transfer, traditional knowledge and cultural expressions, open access to information and knowledge, naming conventions, farmers' rights, new schemes for accessing pandemic viruses sharing DNA sequences, and so on. Drawing together perspectives from an interdisciplinary range of leading and emerging international scholars, this book offers a new approach to the ABS landscape; as it breaks from the standard regulatory analyses in order to explore alternative solutions to the intractable issues for the Access and Benefit Sharing of genetic resources. Addressing these modern legal debates from a perspective that will appeal to both ABS scholars and those with broader legal concerns in the areas of intellectual property, food, governance, Indigenous issues, and so on, this book will be a useful resource for scholars and students as well as those in government and in international institutions working in relevant areas"-- Provided by publisher.

• Introduction
• 1. All the News That's Fit to Print
• 2. Libel and the Press
• 3. The Paper Curtain
• 4. Heed Their Rising Voices
• 5. Montgomery v. The New York Times
• 6. Birmingham v. The New York Times
• 7. Doing Business in Alabama
• 8. "This New Weapon of Intimidation"
• 9. A Civil Rights Crisis
• 10. The Iron Curtain
• 11. Make No Law
• 12. Herbert Wechsler
• 13. Before the Court
• 14. Arguments
• 15. Actual Malice
• 16. Free, Robust, and Wide Open Acknowledgments Notes Archival Collections Index.
• (source: Nielsen Book Data)

A deeply researched legal drama that documents this landmark First Amendment ruling-one that is more critical and controversial than ever. Actual Malice tells the full story of New York Times v. Sullivan, the dramatic case that grew out of segregationists' attempts to quash reporting on the civil rights movement. In its landmark 1964 decision, the Supreme Court held that a public official must prove "actual malice" or reckless disregard of the truth to win a libel lawsuit, providing critical protections for free speech and freedom of the press. Drawing on previously unexplored sources, including the archives of the New York Times Company and civil rights leaders, Samantha Barbas tracks the saga behind one of the most important First Amendment rulings in history. She situates the case within the turbulent 1960s and the history of the press, alongside striking portraits of the lawyers, officials, judges, activists, editors, and journalists who brought and defended the case. As the Sullivan doctrine faces growing controversy, Actual Malice reminds us of the stakes of the case that shaped American reporting and public discourse as we know it.
(source: Nielsen Book Data)

• Introduction
• All the news that's fit to print
• Libel and the press
• The paper curtain
• Heed their rising voices
• Montgomery v. the New York Times
• Birmingham v. the New York Times
• Doing business in Alabama
• "This new weapon of intimidation"
• A "Civil rights crisis"
• The iron curtain
• Make no law
• Herbert Wechsler
• Before the court
• Arguments
• Actual Malice
• Free, robust, and wide open

"In its landmark 1964 decision in New York Times v. Sullivan, the Supreme Court held that a public official must prove "actual malice" or reckless disregard of the truth in order to win a libel lawsuit. The case, which grew out of segregationists' attempts to quash reporting on the civil rights movement, revolutionized media reporting and public discourse in America. Drawing on previously unexplored sources, including the papers of the New York Times Company and leaders of the civil rights movement, this book tells the fascinating story of the legal issues and behind-the-scenes maneuvers that led to one of the most important First Amendment rulings in history-a ruling that is more critical and controversial than ever"-- Provided by publisher

• Introduction Daisy Cheung, Michael Dunn and Richard Huxtable
• Part I. Well-Regulated Jurisdictions: 1. Advance directives in Israel Miriam Bentwich
• 2. Advance medical directives in Singapore: a faltering policy for end-of-life care? Tracey Evans Chan
• 3. South Korea's end-of-life care decisions act: law for better end-of-life care Ilhak Lee
• 4. The law and practice of advance directives in Taiwan Daniel Fu-Chang Tsai
• 5. Advance directives: the Thai context Thitinant Tengaumnuay
• 6. Advance directives in India: seeking the individual within the community Kelly Amal Dhru and Ravindra Ghooi
• Part II. Semi-Regulated Jurisdictions: 7. The proposed new law on advance directives in Hong Kong: a piecemeal attempt at codification? Daisy Cheung and Rebecca Lee
• 8. The law and practice of advance directives in the Islamic Republic of Iran Zain Abbas Syed, Ehsan Shamsi-Gooshki and Alireza Parsapoor
• 9. The law and practice of advance directives and end-of-life care in Malaysia Sharon Kaur, Thomas Tan Hooi Wang, Jenny Yau and Richard Boon Leong Lim
• 10. Advance directives in the Philippines: in search of a legal framework Leonardo D. de Castro, Renato B. Manaloto and Alexander Atrio L. Lopez
• 11. Advance directives and the Turkey context Yesim Isil Ulman
• Part III. Non-Regulated Jurisdictions: 12. Advance directives in China's mainland: an emerging framework? Bo Chen
• 13. Guideline-based approach to end-of-life care decisions in Japan: practice, regulation and the place of advance directives Reina Ozeki-Hayashi, Futoshi Iwata, Satoshi Kodama and Miho Tanaka
• 14. Advance directives in Macao: not legally recognised, but... Vera Lucia Raposo and Man Teng Iong
• 15. Advance directives in Pakistan: religious, cultural and social influences M. Asim Beg, Erfan Hussain, Noshin Khan, Asma Hamid and Atif Waqar
• 16. Advance directives in Saudi Arabia: an Islamic approach and practical implications Ghaiath Hussein and Abdullah Adlan
• Advance directives in Asia: towards 'generative accommodation' Daisy Cheung and Michael Dunn
• Index.
• (source: Nielsen Book Data)

This book is the first to consider comprehensively and systematically the law and practice of advance directives across Asia. It will thus be important not only as a reference volume that documents how advance directives are regulated and used throughout Asia, but also as an exploration of the concept of the advance directive itself, in context. By examining how advance directives operate in Asian countries, we will also shed light on the principle of personal autonomy in this context, alongside other values and religious and socio-cultural factors that shape health and care decision-making. As such, this book will have broad appeal not only to Asian scholars, students, policymakers and practitioners in the fields of health law and ethics and end-of-life care more generally, but will also be of wider interest to an international academic audience in the fields of law, ethics and health and social care research. This title is also available as open access on Cambridge Core.
(source: Nielsen Book Data)

• 1. The balance of classes (1867)
• 2. Democracy in Switzerland (1890)
• 3. Ought the referendum to be introduced into England? (1890)
• 4. The defence of the union (1892)
• 5. The referendum (1894)
• 6. Will the form of parliamentary government be permanent? (1899)
• 7. The referendum and its critics (1910)
• 8. The Parliament Act, 1911, and the destruction of all constitutional safeguards (1912)
• 9. Development during the last thirty years of new constitutional ideas (extract from the introduction to the eighth edition of introduction to the study of the law of the constitution, 1915).
• (source: Nielsen Book Data)

What are the limits to parliamentary sovereignty? When should the people be able to vote directly on issues? The constitutional theorist Albert Venn Dicey (1835-1922) was a cogent advocate of the referendum. While his enthusiasm for the institution was widely acknowledged in his own day, thereafter this dimension of his career has been largely neglected. This fall into obscurity is partly explained by the fact that Dicey never collected his writings on referendums into a single volume. Consequently, during the prolonged crisis over Brexit, the implications of Dicey's thought were unclear, despite his standing as a foundational figure in British constitutional law. This timely modern edition brings together Dicey's sophisticated and intricate writings on the referendum, and it covers his attempts to construct a credible theory of democracy on a new intellectual and institutional basis. An original scholarly introduction analyzes Dicey's thought in light of its contemporary context.
(source: Nielsen Book Data)

• 1. Introduction
• 2. Foundational Moments
• 3. Struggles
• 4. Comparisons
• 5. Conclusion
• Index.
• (source: Nielsen Book Data)

This book explores the comparative historical evolution of the European, Inter-American and African regional human rights systems. The book devotes attention to various factors that have shaped the systems: the different circumstances in which they were founded; the influence of major states and inter-state politics within their respective regions; gradual processes of institutional evolution; and the impact of human rights advocates and claimants. Throughout, the book devotes careful attention to the impact of institutional and procedural choices on the functioning of human rights systems. Overarchingly, the book explores the contextually-generated differences between the three systems, suggesting that human rights practice is less unitary than it might at times appear. Prescriptively, the book proposes that, contrary to the received wisdom in some quarters, the Inter-American system's dual-track approach may provide the most promising model in regards to future human rights system design.
(source: Nielsen Book Data)

• The management of legal pluralism: processes, parameters for action, and effects Introduction 1.Definitions and terminological consideration . Legal . Pluralism 2.A descriptive and exegetical approach 3.Normative relevance
• Chapter 1 Processes of legal pluralism management Introduction 1.Management through the articulation of systems 1.1. Articulation by reception 1.1.1.Constitutional and legislative reception of non-State law 1.1.1.1. Africa 1.1.1.2. South Pacific 1.1.1.3. Canada 1.1.2. Low-intensity reception of non-State law 1.1.3.Reception of State law by non-State systems 1.1.3.1 The general rule of non-reception 1.1.3.2. Some cases of reception 1.2. Articulation by withdrawal 1.2.1. Withdrawal by non-State systems 1.2.1.1. Roma law in Romania 1.2.1.2. Customary law in Burundi 1.2.1.3 Kanak law in the South Pacific 1.2.1.4. Indigenous law in Canada 1.2.2. Withdrawal by the State 1.2.2.1. Romania 1.2.2.2. Africa 1.2.2.3. South Pacific 1.2.2.4. Canada 1.2.3. Pragmatism, informality and discretion 2.Management through the adaptation of systems 2.1. Adaptation by imitation 2.1.1The imitating State 2.1.2..State law as purveyor of solutions for non-State law 2.2. Adaptation by endogenous modulation of non-State systems Conclusion
• Chapter 2 Parameters of action in a context of legal pluralism Introduction 1.Factors structuring action in a context of legal pluralism 1.1 The instability and mutability factor: The influence of intersystemic relationships on the actors 1.2The cognitive factor: the actors' perceptions of the legal systems at play 1.3The capacity factor: the spatial dimension of the authority of legal systems 1.3.1The effectiveness of the co-existing legal systems 1.3.The legitimacy of co-existing legal systems 2.The influence of the vitality of legal systems on State and Non-State Actors 2.1. State system agents 2.1.1 The problem of contingency 2.1.2.Objectives shared by all States 2.1.3.The preference of strong States for non-management 2.1.4The preference of weak States for articulation by reception or withdrawal 2.1.5.Actions of State agents 2.2 Agents of non-State legal systems 2.2.1. Objectives shared by all non-State legal systems 2.2.2.Strong non-State legal systems: wavering between official and unofficial articulations 2.2.3.Weak non-State legal systems: a (mandatory?) preference for official articulation 2.2.4.Actions of non-State agents 2.3. Individuals in a pluralist context Conclusion
• Chapter 3 The effects of legal pluralism management Introduction 1.The effects of non-management 1.1 Effects on systems 1.2. Effects on individuals 1.2.1. The benefits and perils of unmanaged plurality 1.2.2. Legal relativity and individual inter-systemic migrations 1.2.3. Individual action as a definitional feature of legal pluralism? 2. The effects of management processes on managing systems 2.1. Articulation 2.1.1 Articulation by reception 2.1.1.1 Legal hybridization . Canada . The South Pacific . Africa 2.1.1.2. The dualization and personalization of the law 2.1.1.3. A choice of law within the State system 2.1.2. Articulation by withdrawal 2.1.2.1. The suspension of the articulating system 2.1.2.2. The suspension of competition and conflict 2.1.2.3. The personlization of the law 2.2. Adaptation 2.2.1 The reduction of normative conflict 2.2.2. The intensification of competition 3. The effects of management processes on individuals 3.1. Articulation by reception 3.1.1. A more complex set of legal options 3.1.2. The shield and lever effect within State law 3.1.3. The legal capture of identity 3.2. Articulation by withdrawal 3.2.1. The benefits and perils of withdrawal 3.2.2. The legal capture of identity 3.3. Adaptation 3.3.1 Imitation 3.3.2 Endogenous modulation 4. The effects of management processes on the system of reference 4.1. Legal internality and the autonomy of the system of reference 4.2 The competition effect 4.3. The channelling effect 4.4. The defensive adaptation effect 4.5. The incidental re-invigoration effect 4.6. The externalisation effect Conclusion Realities and myths of legal pluralism management 1. Free pluralism and managed pluralism 2. The limits of "do-it-yourself" pluralism 3. The State's ordering capacity defused by the autonomy of systems 4. The pluralist management of pluralism 5. Beyond legal pluralism Bibliography.
• (source: Nielsen Book Data)

This book offers a comparative study of the management of legal pluralism. The authors describe and analyse the way state and non-state legal systems acknowledge legal pluralism - defined as the coexistence of a state and non-state legal systems in the same space in respect of the same subject matter for the same population - and determine its consequences for their own purposes. The book sheds light on the management processes deployed by legal systems in Africa, Canada, Central Europe and the South Pacific, the multitudinous factors circumscribing the action of systems and individuals with respect to legal pluralism, and the effects of management strategies and processes on systems as well as on individuals. The book offers fresh practical and analytical insight on applied legal pluralism, a fast-growing field of scholarship and professional practice. Drawing from a wealth of original empirical data collected in several countries by a multilingual and multidisciplinary team, it provides a thorough account of the intricate patterns of state and non-state practices with respect to legal pluralism. As the book's non-prescriptive approach helps to uncover and evaluate several biases or assumptions on the part of policy makers, scholars and development agencies regarding the nature and the consequences of legal pluralism, it will appeal to a wide range of scholars and practitioners in law, development studies, political science and social sciences.
(source: Nielsen Book Data)

• Before Lawrence
• Buchanan v. Batchelor and the evolution of the Texas sodomy statute, 1965-1974
• The Texas homosexual conduct law in action, 1974-1982
• Resisting the effects of the Texas homosexual conduct law, 1974-1982
• Baker v. Wade, 1975-1986
• Morales v. Texas and England v. City of Dallas, 1986-1994
• Lawrence v. Texas reconsidered

In 2003 the US Supreme Court overturned anti-sodomy laws across the country, ruling in Lawrence v. Texas that the Constitution protects private consensual sex between adults. To some, the decision seemed to come like lightning from above, altering the landscape of America's sexual politics all at once. In actuality, many years of work and organizing led up to the legal case, and the landmark ruling might never have happened were it not for the passionate struggle of Texans who rejected their state's discriminatory laws. Before Lawrence v. Texas tells the story of the long, troubled, and ultimately hopeful road to constitutional change. Wesley G. Phelps describes the achievements, setbacks, and unlikely alliances along the way. Over the course of decades, and at great risk to themselves, gay and lesbian Texans and their supporters launched political campaigns and legal challenges, laying the groundwork for Lawrence. Phelps shares the personal experiences of the people and couples who contributed to the legal strategy that ultimately overturned the state's discriminatory law. Even when their individual court cases were unsuccessful, justice seekers and activists collectively influenced public opinion by insisting that their voices be heard. Nine Supreme Court justices ruled, but it was grassroots politics that vindicated the ideal of equality under the law.
(source: Nielsen Book Data)

• Non-state actors, terrorism, and the war paradigm revisited / Seth Cantey
• The limits of law and the value of rights in addressing terrorism : a study of the UN counter-terrorism architecture / Fionnuala Ní Aoláin
• The paradox of discrimination : when more violence triggers fewer legal constraints / Jens David Ohlin
• Fighting terrorism under all applicable law / Joshua Andresen
• When conflict recurs : classification of conflict when hostilities break out anew / Laurie Blank
• Non-state actors in a post-war world : conceptualizing war as criminal enforcement / Claire Finkelstein
• Urban warfare : policing conflict / Ken Watkin
• Ratchet down or ramp up? Contemporary threats, armed conflict, and tailored authority / Geoff Corn
• Using law as a weapon against nuclear proliferation and terrorism : the U.S. government's financial lawfare against Iran / Orde F. Kittrie
• Human rights law as an alternative to jus in bello / Christopher J. Fuller
• National security policymaking in the shadow of international law / Laura Dickinson
• Emerging transnational self-defense norms and unrealized liberal values / John Dehn
• Finding peace in the law of war / Lieutenant Colonel Bailey Brown
• From armed conflict to countering threat networks : counterterrorism and social network analysis / Todd Huntley & Mitt Regan
• Counting the ripples : the challenge of extraterritorial jurisdiction to prosecute non-state actors / Evan R. Seamone
• Diversifying the sources of evidence in terrorism cases before criminal courts in (post-)conflict and high-risk situations : the role of the military / Bibi Van Ginkel, Christophe Paulussen, & Tanya Mehra
• U.S. military prosecutions during non-international armed conflict / Chris Jenks

The threat posed by the recent rise of transnational non-state armed groups does not fit easily within either of the two basic paradigms for state responses to violence. The civilian paradigm focuses on the interception of demonstrable immediate threats to the safety of others. The military paradigm focuses on threats posed by collective actors who pose a danger to the state's ability to maintain basic social order and, at times, the very existence of the state. While the United States has responded to the threat posed by non-state armed groups by using tools from both paradigms, it has placed substantially more emphasis on the military paradigm than have other states. While several reasons may contribute to this approach, one may be the assumption that a state must use each set of tools strictly according in accordance with the principles that underlie each paradigm. Implicit in this assumption may be the sense that the only alternative to the civilian paradigm is the unqualified military one. The chapters in this book suggest, however that we need not see the options as confined to this binary choice. It may be profitable to consider borrowing elements from each paradigm on some occasions to act more expansively than the conventional civilian paradigm allows, but less expansively than the conventional military paradigm would permit. At the same time, the mixing of the categories comes with its own ethical and legal risks that should be scrutinized.
(source: Nielsen Book Data)

• 1. China, state capitalism and the World Trading System
• 2. The evolution of China's reforms of State-Owned Enterprises (1978-2020)
• 3. State capitalism in China's accession to the WTO: concerns and solutions
• 4. The limits of general WTO rules
• 5. The potential of WTO rules on industrial subsidies and China-specific obligations
• 6. Emerging approaches to regulating State-Owned Enterprises: the comprehensive and progressive agreement for Trans-Pacific Partnership (CPTPP) and Post-CPTPP free trade agreements
• 7. Tackling China's state capitalism: WTO litigation and trade negotiation
• 8. Conclusion: the potential of multilateralism.
• (source: Nielsen Book Data)

One major issue facing the world trading system today is how to deal with the challenge of China's state capitalism. Many commentators believe that the existing WTO rules are insufficient and, thus new rules are needed. This book challenges this conventional wisdom. Through meticulous studies and fresh analysis of the commitments in China's WTO accession package, existing rules on state capitalism in WTO agreements and recent attempts to make new rules on these issues at the bilateral, regional and multilateral levels, this book argues that existing WTO rules, especially those on subsidies, coupled with China-specific rules in its accession protocol, do provide feasible tools to counter China's state capitalism. This book also discusses the reasons for the lack of usage of these rules and provides concrete policy suggestions on how the rules may be better utilized, as well as how to conduct constructive negotiations on new rules in the WTO and beyond.
(source: Nielsen Book Data)

• Preface Introduction: The American Constitution and American Constitutional History
• English Origins of American Constitutionalism Colonial Origins of American Constitutionalism The American Revolution Establishing New State and Federal Constitutions Constitutional Issues in the Early Republic Judicial Review, Nationalism, and State Sovereignty Andrew Jackson, Democracy, and "State Rights" Slavery and the Constitution The Constitution and the Civil War Reconstruction and the Constitution The Industrial State, Victorian Moralism, Laissez-Faire Constitutionalism, and State Rights The Progressive Era Liberal versus Conservative Constitutionalism in the 1920s The New Deal and the Constitution Liberal Constitutionalism Liberal Constitutionalism and Equality Curbing Presidential Power The Revival of Conservative Constitutionalism The Supreme Court and Conservative Constitutionalism The Erosion of Constitutional Comity The Conservative Court, the Constitution and Judicial Supremacy Presidentialism and the Security State Constitution Wars NEW CHAPTER 24: Constitutional Crisis
• Appendix A Articles of Confederation Appendix B Constitution of the United States Appendix C Justices of the United States Supreme Court Appendix D Tables of Cases Index.
• (source: Nielsen Book Data)

This concise, accessible text provides students with a history of American constitutional development in the context of political, economic, and social change. Constitutional historian Michael Benedict stresses the role that the American people have played over time in defining the powers of government and the rights of individuals and minorities. He covers important trends and events in U.S. constitutional history, encompassing key Supreme Court and lower-court cases. The volume begins by discussing the English and colonial origins of American constitutionalism. Following an analysis of the American Revolution's meaning to constitutional history, the text traces the Constitution's evolution from the Early Republic to the present day. This fourth edition is updated to include the 2016 election, the Trump administration, the 2020 election, and the first activities of the Biden administration.
(source: Nielsen Book Data)

Buddhism and Comparative Constitutional Law offers the first comprehensive account of the entanglements of Buddhism and constitutional law in Sri Lanka, Myanmar, Thailand, Cambodia, Vietnam, Tibet, Bhutan, China, Mongolia, Korea, and Japan. Bringing together an interdisciplinary team of experts, the volume offers a complex portrait of "the Buddhist-constitutional complex, " demonstrating the intricate and powerful ways in which Buddhist and constitutional ideas merged, interacted and co-evolved. The authors also highlight the important ways in which Buddhist actors have (re)conceived Western liberal ideals such as constitutionalism, rule of law, and secularism. Available Open Access on Cambridge Core, this trans-disciplinary volume is written to be accessible to a non-specialist audience.-- Provided by publisher.

• Introduction
• 1. The perennial and dynamic relationship between human rights and natural law Mark Retter, Tom Angier and Iain T. Benson
• Part I. Natural Law and the Origins of Human Rights: 2. Natural law and human rights: continuities and discontinuities Cary J. Nederman and Ben Peterson
• 3. The paradox of shrinking individuality: natural rights' development and relevance to human rights today Monica Garcia-Salmones
• 4. Synderesis, Conscientia and human rights Kevin L. Flannery, S. J.
• 5. The case against the marriage of natural law and natural rights Tracey Rowland
• 6. The mythical connection between natural law and the universal declaration of human rights James Chappel
• 7. Natural law and the universal declaration of human rights Paul Yowell
• Part II. Natural Law Foundations of Human Rights Obligations: 8. Ontological and epistemological foundations of human rights Tom Angier
• 9. The Teleological Foundations of Human Rights Edward Feser
• 10. New natural law foundations of human rights Christopher Tollefsen
• 11. A personalist foundation for natural law and human rights Josef Seifert
• 12. Acknowledged dependence, natural rights, and human rights: Augustinian humility, Charles Malik, and the universal declaration Mary M. Keys and Melody Grubaugh
• 13. Eternal law, natural law, natural rights: freedom and power in Aquinas Jean Porter
• Part III. Natural Law and Human Rights within Religious Traditions
• 14. Natural law, natural theology, and human rights in the Jewish tradition David Novak
• 15. Natural law and human rights in Catholic Christianity Roland Minnerath
• 16. Natural law and natural rights in the early Protestant tradition John Witte, Jr.
• 17. Human rights or moral obligations?: the link with natural law in Hinduism Shashi Motilal and Jeremiah Dumai
• Part IV. The Human Person, Political Community and Rule of Law: 18. Human dignity and natural law Patrick Lee and Robert P. George
• 19. Civic friendship, natural law and natural right John von Heyking
• 20. Common goods, group rights and human rights Mark D. Retter
• 21. Natural law, human rights and the separation of powers Julian Rivers
• 22. Human goods and human rights law: two modes of derivation from natural law Gregoire Webber
• 23. Natural law, human rights, and Jus Cogens Stephen Hall
• Part V. Rival Interpretations and Interpretive Principles: 24. Moral pluralism, political disagreement and human rights Catherine McCauliff
• 25. Human rights law and adjudication: the role of Determinatio Francisco J. Urbina
• 26. Natural law and human rights amid the legal ruins of liberal scepticism, values language and global resets Iain T. Benson
• 27. Human rights and the modes of judicial responsibility Peter D. Lauwers
• 28. The right to religious freedom: extension or erosion? Rafael Domingo
• 29. Natural law, rights of the family, and international human rights instruments Jane F. Adolphe
• 30. Natural law and socioeconomic rights Gary Chartier
• 31. Solidarity and global allocation of COVID-19 vaccines: a question of equality? Thana C. de Campos-Rudinsky
• Part VI. Challenges and Future Prospects: 32. Philosophical challenges and prospects for natural law foundations of human rights Jonathan Crowe.
• (source: Nielsen Book Data)

This Handbook provides an intellectually rigorous and accessible overview of the relationship between natural law and human rights. It fills a crucial gap in the literature with leading scholarship on the importance of natural law as a philosophical foundation for human rights and its significance for contemporary debates. The themes covered include: the role of natural law thought in the history of human rights; human rights scepticism; the different notions of 'subjective right'; the various foundations for human rights within natural law ethics; the relationship between natural law and human rights in religious traditions; the idea of human dignity; the relation between human rights, political community and law; human rights interpretation; and tensions between human rights law and natural law ethics. This Handbook is an ideal introduction to natural law perspectives on human rights, while also offering a concise summary of scholarly developments in the field.
(source: Nielsen Book Data)

• Coercion meets pragmatism
• From James to regulatory pragmatism
• Examining regulatory pragmatism along the India-Nepal border
• Compliance in the absence of significant coercive capacity
• Inconsistent state action, inaccurate legal knowledge & non-compliance
• Accurate legal knowledge under adverse conditions
• Regulatory pragmatism outside of the forest
• Conclusion

State capacity is often equated with coercion. However, history has shown that it is extremely difficult for states with weak capacity to ensure compliance with their laws. In Capacity beyond Coercion, Susan L. Ostermann examines the largely unexplored capacities that allow coercively weak states to promote law-following behavior. Utilizing extensive data collected in adjacent districts in India and Nepal, she demonstrates how coercively weak states can significantly increase compliance by behaving pragmatically and designing implementation strategies around known barriers to compliance. In particular, she examines variation in compliance with conservation, education, and child labor regulations, investigating the mechanisms by which the Indian and Nepali states have, despite limited enforcement capacity, secured compliance with regulations that run counter to customary norms and to the self-interest of target populations. She argues that one such barrier is imperfect legal knowledge and shows how states that have engaged in what she terms "regulatory pragmatism" may circumvent this compliance barrier. They do so by designing implementation strategies for on-the-ground realities. Exploring two such efforts-delegated enforcement and information dissemination through local leaders, Ostermann demonstrates that states that suffer from limited coercive capacity but behave pragmatically can still bring about large-scale compliance. Given that many states have weak enforcement capacity, the findings in Capacity beyond Coercion point a way forward for more effective and responsive governance throughout the developing world.
(source: Nielsen Book Data)

• Values instead of rules, politics instead of constitutionalism
• The attempt to enforce 'common values'
• Article 7 TEU in practice, or misunderstanding Hungarian 'illiberalism'
• Elements of the Hungarian legal constitutionalist charade
• Awkward questions instead of catharsis.

"The national-conservative government of Hungary has been heavily criticised for the violation of EU values, primarily, the rule of law in recent years. This book looks to the bigger picture in examining the rule-of-law debate between Hungary and the EU. It explores how certain elements of various Hungarian constitutional reforms are interrelated and how the EU has failed to address the situation properly. It is argued here that the reason the EU has been unable to enforce its values effectively in Hungary stems from the misunderstanding that Hungary kept the institutional design of liberal democracy but made it dysfunctional. The debate with the EU is characterized as a dialogue of the deaf as the EU insists on advancing the rule of law agenda, while the Hungarian government defends itself by alluding to its democratic legitimacy. The author contents that the Hungarian government is in fact playing a charade, while the actions of the EU maintain this drama. The book will be of interest to students, academics and policy-makers working in the areas of Constitutional Law and Politics, EU Law, and Populism"-- Provided by publisher.

• When foreign investment meets China : legal developments and legal landscape (1978-2018)
• New bottle or old wine?
• Major changes in Foreign Investment Law 2019
• Negative list : a changing governance model
• Intellectual property protection in domestic and bilateral contexts
• Another hole in China's 'great wall of money'? Conceptualizing the involvement of foreign investments in the Chinese non-performing loans market under the US-China Trade Deal
• Why did the door not open wider in the aftermath of Alibaba?
• Placing (or misplacing) foreign Investment in a Chinese public law frame
• Foreign investment law in the context of Bilateral Investment Treaties
• National security review in foreign investments : a comparative context
• Is unreliable entity list reliable?
• Can blocking statutes block unfair extraterritoriality?
• China's Law on Countering Foreign Sanctions
• Conclusion.

"This book analyses China's foreign investment law which came into force in January 2020. The new law implemented sweeping changes and overhauled China's foreign investment law regime of the last four decades. The foreign investment law aims to make the business environment more investor-friendly and address some of the contentious issues between US and China in the ongoing trade war. The book explains how the law enhances regulatory transparency. It also outlines the new approval process i.e. the pre-establishment negative list system which has replaced the former approval system for foreign investment projects. This book will help give readers a better understanding of major changes and benefits under the new law and will be the first of its kind looking at the implications of this law"-- Provided by publisher.

• 1. Major Highlights and Innovations in the Separate Law of Personality Rights
• 2. The Innovative Development of Personality Right Legislation through the Law of Personality Rights in China's Civil Code
• 3. When the Ideal Has Been Turned into Reality: From Legislation to Interpretation
• 4. On the Separation of the Claim of Personality Rights from the Claim of Tort Damage Compensation
• 5. Pragmatic Combination of Conservation and Innovation: Comments on the Law of Personality Rights in the Civil Law of the People's Republic of China (Draft)
• 6. Progress and Limitations of Personality Right Legislation: Comments on the Draft of the Law of Personality Rights in Civil Code (Third Review)
• 7. The Last Opportunity for the Improvement of Personality Right Legislation.
• (source: Nielsen Book Data)

• 1. On the Reasons for the Separate Compilation of the Law of Personality Rights,
• 2. Discussion on the Positive Right Confirmation Mode of Personality Rights: Also on the Relationship between the Law of Personality Rights and Tort Liability Law,
• 3. Legislation of Personality Rights in China: System, Boundary and Protection,
• 4. Rational Thinking on the Major Controversy over the Compilation of the Law of Personality Rights in the Civil Code,
• 5. Different Opinions on Opposing to the Legislative Decision-Making of the Compilation of the Law of Personality Rights in the Civil Code,
• 6. The Formation, Development and Finalization of the Chinese Experience in the Personality Right Legislation,
• 7. Interest Re-measurement Theory and Institutional Arrangement: From Privacy to Personal Information,
• 8. Relationship between Human Rights and Personality Rights: Also on the Deficiencies of the Relevant Provisions of the General Rules of the Civil Law,
• 9. The Influence of the Independent Compilation of Personality Rights on the Theory and Practice of Marriage and Family Law.
• (source: Nielsen Book Data)

Latest and authoritative research findings, closely integrated with the formulation of China's Civil Code, and based on extensive reference to advanced foreign legislative experience and theoretical achievements Provides a systematic and in-depth study of the basic concept and system of personality rights, general personality rights, various types of specific personality rights and compensation for moral damages Covers theoretical research to the current state of legislation and analysis of cutting-edge issues The contributors of this book are all authoritative authors in the field of personality law and are influential in the academic community.
(source: Nielsen Book Data)
This volume is a collection of articles on the codification experience of China's Law of Personality Rights, explaining the design of the Law as well as its innovations. As the second volume of a two-volume set that elucidates the theory, practice, and codification of the Law in China, the book explains the legal advancement of the Law of Personality Rights as a standalone part of the Civil Code of China. This includes innovative legislative thinking, law system arrangements, rule designs, and a systematic refinement of the provisions of personality rights in terms of nature, system, types, content, exercising rules and protection methods. Regarding the implementation of the Law, the book points out that personality rights are changing with the times so a more complete system of legal interpretation should be built. The final three chapters are appraisals of different versions of the draft law, with amendments to some articles advanced based on shortcomings and omissions. The book will be an essential reference to scholars and students studying civil law, continental law, Chinese law, and the legal protection of personality rights.
(source: Nielsen Book Data)

• Introduction / Zachary Calo, Joshua Neoh and A. Keith Thompson
• Constance Lee, John Calvin and the law of love
• Zachary Calo, "To heal the wounds of sinners" : law and love, judgment and forgiveness
• Renée Köhler-Ryan, Why secularism is no option for a Christian citizen : Augustine's analysis of love in the city
• Augusto Zimmerman, Why Lutheranism is no option for a meaningful jurisprudence of love
• Joshua Neoh, Law and love in monasticism
• Alex Deagon, The law of love as principles of civility : secular translation or religious contribution?
• Benjamin B. Saunders, the loving sword : the implications of divine simplicity for law and love
• Stefanus Hendrianto, Aquinas on love, law and happiness : the interconnection between divine law, human law, and rational love
• Jonathan Crowe, from alterity to proximity : Emmanuel Levinas on the natural law of love
• Donlu Thayer, "proving contraries" : Joseph Smith on law and love
• A. Keith Thompson, Christ's higher law? : A shift from coercion, to contract and then covenant?
• Patrick Brennan, the forgiveness of love in charity : getting conversationally opened up.

"This book examines how Christian love can inform legal thought. The work introduces love as a way to advance the emergent conversation between constructive theology and jurisprudence that will also inform conversations in philosophy and political theory. Love is the central category for Christian ethical understanding. Yet, the growing field of law and religion, and relatedly law and theology, rarely address how love can shape our understanding of law. This reflects, in part, a common assumption that law and love stand in necessary tension. Love applies to the private and the personal. Law, by contrast, applies to the public and the political, realms governed by power. It is thus a mistake to envisage love as having anything but a negative relationship to law. This conclusion continues to govern Christian understandings of the meaning and vocation of law. The animating idea of this volume is that the concept of love can and should inform Christian legal thought. The project approaches this task from the perspective of both historical and constructive theology. Various contributions examine how such thinkers as Augustine, Aquinas, and Calvin utilised love in their legal thought. These essays highlight often neglected aspects of the Christian tradition. Other contributions examine Christian love in light of contemporary legal topics including civility, forgiveness, and secularism. Love, the book proposes, not only matters for law but can transform the terms on which Christians understand and engage it. The book will be of interest to academics and researchers working in the areas of legal theory; law and religion; law and philosophy; legal history; theology and religious studies; and political theory"-- Provided by publisher.

• Introduction / Zachary R. Calo, Joshua Neoh, and A. Keith Thompson
• John Calvin and the law of love / Constance Youngwon Lee
• "To heal the wounds of sinners" : law, love, and forgiveness / Zachary R. Calo
• Why secularism is no option for a Christian citizen : Augustine's analysis of love in the city / Renée Köhler-Ryan
• Why Lutheranism is no option for a meaningful jurisprudence of love / Augusto Zimmermann
• Law and love in monasticism / Joshua Neoh
• The law of love as principles of civility : secular translation or religious contribution? / Alex Deagon
• The loving sword : the implications of divine simplicity for civil law / Benjamin B. Saunders-- Aquinas on love, law, and happiness : the interconnection between divine law, human law, and rational love / Stefanus Hendrianto SJ
• From alterity to proximity : Emmanuel Levinas on the natural law of love / Jonathan Crowe
• "Proving contraries" : Joseph Smith on law and love / Donlu Thayer
• From coercion to covenant : what kind of higher law did Jesus have in mind? / A. Keith Thompson
• The forgiveness of love in charity : getting conversationally opened up / Patrick McKinley Brennan.

"This book examines how Christian love can inform legal thought. The work introduces love as a way to advance the emergent conversation between constructive theology and jurisprudence that will also inform conversations in philosophy and political theory. Love is the central category for Christian ethical understanding. Yet, the growing field of law and religion, and relatedly law and theology, rarely address how love can shape our understanding of law. This reflects, in part, a common assumption that law and love stand in necessary tension. Love applies to the private and the personal. Law, by contrast, applies to the public and the political, realms governed by power. It is thus a mistake to envisage love as having anything but a negative relationship to law. This conclusion continues to govern Christian understandings of the meaning and vocation of law. The animating idea of this volume is that the concept of love can and should inform Christian legal thought. The project approaches this task from the perspective of both historical and constructive theology. Various contributions examine how such thinkers as Augustine, Aquinas, and Calvin utilised love in their legal thought. These essays highlight often neglected aspects of the Christian tradition. Other contributions examine Christian love in light of contemporary legal topics including civility, forgiveness, and secularism. Love, the book proposes, not only matters for law but can transform the terms on which Christians understand and engage it. The book will be of interest to academics and researchers working in the areas of legal theory; law and religion; law and philosophy; legal history; theology and religious studies; and political theory"-- Provided by publisher.

• Introduction,
• 1. Brief History of Drones,
• 2. Elements of Privacy Invasion,
• 3. Visual Privacy,
• 4. The Fundamental Dimensions of Visual Privacy,
• 5. The Solutions, Conclusion, Index.
• (source: Nielsen Book Data)

This book examines rights issues in relation to visual privacy in the use of civilian drones. Here, visual privacy is described as the freedom from a combination of unwanted activities directed towards an individual, such as observing, recording, and publishing of personal visual information without an individual's consent. The book answers the question of whether visual observation of an individual with the help of the camera systems onboard a civilian drone is lawful in light of EU law. It also discusses the legality of the subsequent recordings and publications. The issues are considered in terms of the European Convention of Human Rights, the Charter of Fundamental Rights of the European Union, the case law of the European Court of Human Rights and the Court of Justice of the European Union and EU General Data Protection Regulation. The book will be a valuable resource for researchers, academics and policy-makers working in the areas of technology, privacy and human rights law.
(source: Nielsen Book Data)

• Table of Cases Acknowledgments Abbreviations Chapter One - An Introduction to the Problem of the Identification and Justification of 'Substantiality' in Genocide Law Chapter Two - The Emergence of the Substantiality Requirement as a De Facto Norm and its Judicial Application Chapter Three - The Substantiality Requirement in the Legal Literature: Uncovering Binary and Substantialist Thinking Chapter Four - Beyond Binary and Substantialist Thinking: Embracing the Contingency in the Identification and Justification of 'Substantiality' Chapter Five - Locating the Relevant 'Part' in Light of the Processual Nature of Group Destruction and the Contextuality of Genocidal Intent Chapter Six - A Four-Step Examination for Establishing the Crime of Genocide Chapter Seven - A Case Study: The Question of Genocide in South Sudan and the Substantiality Requirement General Conclusion Bibliography Index.
• (source: Nielsen Book Data)

This book offers an in-depth examination into genocide law by focusing on one of the lesser examined, yet practically significant, issues: the 'substantiality requirement'. This refers to the requirement in international law that intended destruction should be directed towards a 'substantial' part of a protected group in order for an atrocity to qualify as genocide. This comprehensive and detailed study draws connections between different judicial approaches to 'substantiality' and the varying theoretical presumptions about the constitutive concepts of the crime. This prima facia doctrinal problem is used as a springboard to scrutinise the broader theoretical problems underlying the legal conceptualisation of genocide. The book systematically explores how the individualistic and collectivistic conceptions of the crime have been able to co-exist in case law and how the different approaches to assessing substantiality have played a backdoor role between these two conceptions. The work demonstrates that these two philosophical standpoints are far from effectively representing the reality of the protected groups and fully explaining the harm inherent to group destruction. The book revisits the recent philosophical and sociological studies on the crime and, considering ideas from the emerging 'relational approaches to genocide', offers a third way to understand the existing legal representation of the crime and, consequently, the idea of 'substantiality'. It demonstrates the practical significance of its theoretical debates and applies its novel perspective through a case study on South Sudan. This book will be highly useful to students and scholars with an interest in genocide studies, international criminal law and legal theory. It will also be of interest to policymakers engaged with issues around genocide.
(source: Nielsen Book Data)

Cloud-Anwendungen von Anbietern wie Amazon Web Services (AWS), Google oder Microsoft werden von vielen Unternehmen, Organisationen und privaten Anwendern genutzt. Hierbei steht ihnen ein äußerst vielfältiges und umfangreiches Produktportfolio der jeweiligen Anbieter zur Verfügung. Datenschutz war in diesem Zusammenhang schon immer ein Thema, aber durch die europäische Datenschutz-Grundverordnung werden Verantwortliche nunmehr verstärkt in die Pflicht genommen. Bei Datenschutzverstößen drohen mitunter hohe Bußgelder sowie nicht absehbare Haftungsfolgen.Dieser Praxisleitfaden beschreibt die rechtlichen Fragen und typischen Probleme im Zusammenhang mit der Nutzung der von Cloud-Providern bereitgestellten Anwendungen im Allgemeinen wie beispielsweise Auswahl, Vorbereitung und konkrete rechtliche Umsetzung einer Auslagerung von Daten und Prozessen in eine Cloud, aber auch Fragen eines Exits, wie eine Datenmigration. Er geht aber auch ganz konkret auf einzelne Anwendungen ein und unterstützt hierzu mit konkreten Empfehlungen und Checklisten. Es werden keine Vorkenntnisse im Datenschutz oder in Bezug auf Cloud-Anwendungen vorausgesetzt.

This publication reconceptualises Europeanisation and studies how the EU Enlargement has shaped LGBT politics in Serbia. Questioning our ability to reduce LGBT liberation to rights and policies, the book moves beyond legal and institutional change to consider the political consequences the Europeanisation of LGBT rights has for people's lived realities.

• Legal aid system in India
• Legal aid practices across the globe
• The state of access to justice for legal aid beneficiaries
• Women in legal aid and access to justice
• Regulators in the legal aid services
• Judges' and judicial officers'
• Legal aid counsels
• Assessment of the competency and commitment of the LACs

This book provides an in-depth analysis of the functioning and challenges of the legal aid system in India. The legal aid system was set up to promote the interests of the economically weaker sections of society that did not have equitable access to judicial systems. However, the system has been largely unsuccessful in delivering justice. Drawing on empirical data from 18 states and 36 districts in India, the book highlights the institutional setbacks that plague the legal aid system and urges us to take cognizance of the hindrances faced by the beneficiaries in availing of these services. It acknowledges the gaps that exist in the governance of the legal aid system in India at the grassroots level and suggests approaches and ways to address these roadblocks to deliver free, swift, and economical access to justice to the poor legal aid beneficiaries. An important critical study of the commitment and competence of legal aid counsels in India, this volume will be an essential read for scholars and researchers of law, Indian law, constitutional law, political science, comparative law, law and gender, and social work.
(source: Nielsen Book Data)

• 1. Introduction
• Part I. Transnational Recognition and Enforcement: A Doctrinal and Comparative Analysis: 2. 'Global' recognition and enforcement approaches
• 3. Uniform recognition and enforcement in Europe: The Brussels Model
• 4. The Commonwealth Model and common law recognition and enforcement
• 5. Comparative analysis of recognition and enforcement
• Part II. Towards Increased Prospects for Judgments, Recognition and Enforcement?: 6. Overcoming hurdles to transnational recognition and enforcement
• 7. Legal development: uniformity, divergence and evolution
• 8. Towards 'transnationalised' recognition and enforcement
• 9. Conclusion
• Bibliography
• Index.
• (source: Nielsen Book Data)

This book provides the first detailed analysis of recognition and enforcement of foreign judgments and awards in civil and commercial matters from a transnational perspective. This perspective facilitates greater understanding of the present state of recognition and enforcement and offers insight into the establishment and operation of key modern instruments. This book represents a timely contribution, as instruments harmonising and promoting recognition and enforcement are increasingly being considered and implemented internationally. Many countries have recently reiterated their commitment to improving access to justice and have indicated an intention to sign one or both of the treaties designed to harmonise and promote recognition and enforcement of civil and commercial judgments internationally: the 2005 Choice of Court Convention or the 2019 Judgments Convention. This book is an essential resource for policymakers, scholars, and intergovernmental organisations to understand the nature and origin of recognition and enforcement approaches, as well as their application, interpretation, and future directions.
(source: Nielsen Book Data)

• Competition and intellectual property law in Ukraine : navigating the landscape / Heiko Richter
• The EU-Ukraine Association Agreement as a general framework of contemporary EU-Ukraine relations / Roman Petrov
• Competition and international trade : complementing trade defense policy with effective competition policy in Ukraine / Zvenyslava Opeida
• Legal support of state economic policies of Ukraine in the context of investment development and protection of competition / Oleg Podtserkovnyi
• The "Europeanization" of competition law in Ukraine / Kseniia Smyrnova
• Vertical agreements in the competition law of Ukraine and the EU : a closer look at resale price maintenance / Hanna Stakheyeva
• The "new normal" in competition--filling the gaps of Ukrainian competition law in the digital economy age / Anzhelika Gerasymenko and Nataliia Mazaraki
• Towards a new digital competition policy of Ukraine : the EU matrix / Oles Andriychuk
• The intersection between intellectual property and competition laws in the pharmaceutical sector : a Ukrainian perspective / Olga Gurgula
• Legal mechanisms of protection against unfair competition in Ukraine : prerequisites, problems and trends / Olga Bakalinska
• Protecting intellectual property rights from unfair competition in Ukraine / Olha Kronda
• Association agreements and problems approximating intellectual property legislation of third countries with the EU acquis : the case of Ukraine / Yuriy Kapitsa
• Strategic directions of the intellectual property area development in Ukraine / Olena Orliuk
• The new intellectual property court in Ukraine : its creation and exclusive jurisdiction / Anna Shtefan and Olga Gurgula
• Legislative reforms on patents, utility models and industrial designs in Ukraine / Leonid Tarasenko
• Patent law and access to medicines in Ukraine / Oksana Kashyntseva
• The patentability of biotechnological inventions in the EU : the Ukrainian context / Tetyana Komarova
• The reformed design law in Ukraine : what is right with EU trade agreements? / Anastasiia Kyrylenko
• Why so few geographical indications in Ukraine? : legal, political and socio-economic perspective / Anastasiia Kyrylenko
• Copyright and its exceptions and limitations in Ukraine / Anna Shtefan
• Protection of works posted on the Internet under Ukrainian copyright law / Kostiantyn Zerov
• Legal framework for output based on artificial intelligence : Ukraine's place on the global search path / Kateryna Militsyna
• On the reforms, practice and perspective of the law on collecting societies in Ukraine / Liubov Maidanyk

This volume provides the most comprehensive contemporary academic writing on Ukrainian competition and intellectual property law in English. Especially over the last few years, these areas have been in considerable flux, a main driver being the EU-Ukraine Association Agreement. The chapters cover a broad range of different topics and share a forward-looking perspective. They also outline the basic background that is necessary to understand the context of the issue discussed, especially with regards to the legal system of Ukraine. The publication is the result of a two-year project, and it is addressed to a wide range of international scholars, practitioners, and policy makers. It aims to make the state-of-the-art in Ukrainian legal scholarship visible and accessible to the international research community and to stimulate global debates in academia and politics. Therefore, it may be of interest and use to anyone who is interested in competition and intellectual property law, and/or in Ukraine

• 1. Introduction: Reading Wills, Retrieving Native Woman,
• 2. Beyond The Purdah - 'Constructing' The Native Woman,
• 3. Forging Intimacies,
• 4. Legality - Property, violence, and discord,
• 5. Interracial Progeny,
• 6. Concluding Remarks.
• (source: Nielsen Book Data)

This book analyzes the domestic relations which British men came to establish with native Indian women in early colonial Bengal. It provides a fresh look into the history of imperial expansion and colonial encounters by studying the large number of wills left by the British men who came in an official or economic capacity to India. It closely engages with these wills, considering them as unique personal records. These documents, where the men penned down details of their native mistresses, give a glimpse of what their lives, interpersonal relationships, household objects, and everyday affairs were like. The volume highlights how commonplace such non-marital cohabitation was and constructs the social history of these connections. It looks at issues of theft, violence, rape, bequeathment, and property rights which the women had to contend with, and also studies some of the early experiences of the mixed-race children who were a product of these relationships. A unique look into the asymmetrical but fascinating history of interracial households in early colonial Bengal, this book will be of interest to students and researchers of history, women's studies, gender studies, colonial law, colonial travel writing, minority studies, colonialism, imperialism, and South Asian studies.
(source: Nielsen Book Data)

• Introduction : the opening statements
• Recollecting the tales of glory
• Inception and hope
• Age of the military junta (1975-1989)
• Under the illusion of representative democracy
• Conclusion : the hope lives on.

"The book provides a comprehensive introduction to the Constitution of Bangladesh. It traces the socio-political, and legal context of its birth in the aftermath of a violent Independence War, through to the seventeen amendments till date as Bangladesh evolved through military coups and dictatorships, shifting alliances between religious and political parties, and the emergence of development state. Aimed at readers who are keen to understand the underpinnings of the constitutional system, its evolution and the politics behind the scenes, the book will explore the impact of political bargains and extra-legal developments on the evolution of the Constitution instead of treating it as a standalone doctrine. By focusing on the overall socio-political context up until 2020, the book departs from the dominant tendency in legal scholarship to restrict attention to the development of the Constitution from its inception to the modern day. The volume will be of great interest to scholars and researchers of law, politics and South Asian studies"-- Provided by publisher.

• Introduction to the Constitution
• The separation of the national powers
• Federalism
• The amendment process
• The Bill of Rights
• The Reconstruction amendments
• Articles of confederation

This casebook emphasizes the text, structure, and history of the Constitution. It uses "great cases" for learning the major issues in constitutional law, and it gives less attention to small ripples of contemporary doctrine. It emphasizes the task of interpretation, including many examples of the interpretation of the Constitution by the political branches. The fifth edition has new cases on free speech (e.g. NIFLA), free exercise (Carson), the Second Amendment (Bruen), substantive due process (Dobbs), and Article V (Dillon), as well as new executive materials on the Equal Rights Amendment. There are also new assignments on free speech in schools and universities and on freedom of the press and the internet. Like the previous editions, this edition gives attention to features of our constitutional history that are neglected in many casebooks, such as slavery, the amendment process, and the early history of the freedom of speech.
(source: Nielsen Book Data)

• Acknowledgments Preface PART ONE: First Nations Constitutionalism, Conceptual Apparatus, and Methodological Framework
• Chapter 1: Introduction
• Chapter 2: A conceptual narrative of constitutionalism: modern conceptualisation and contemporary (re) formulations
• Chapter 3: A conceptual apparatus for inquiries into Australian First Nations constitutionalism
• Chapter 4: Journeying 'extraordinary places': methodological approaches for a macro-intercultural comparison of Australian First Nations constitutional orders PART TWO: The Warlpiri, Yolngu, and Pintupi Constitutional Orders Compared
• Chapter 5: The genesis of the Warlpiri, Yolngu, and Pintupi constitutional orders
• Chapter 6: The foundational principles of the Warlpiri, Yolngu, and Pintupi constitutional orders
• Chapter 7: The basic institutional elements of the Warlpiri, Yolngu, and Pintupi constitutional orders PART THREE: An Emergent Legal Theory of the Warlpiri, Yolngu, and Pintupi Constitutional Orders
• Chapter 8: Articulation of an emergent legal theory for the Warlpiri, Yolngu, and Pintupi constitutional orders
• Chapter 9: Conclusion Glossary Bibliography Index.
• (source: Nielsen Book Data)

The book considers Australian First Nations constitutionalism by drawing on the chthonic constitutional traditions of three distinct Australian First Nations legal orders: the Warlpiri, Yolngu, and Pintupi legal orders, in the endeavour of identifying, via a comparative analysis, a core of similarities to be drawn upon and articulate an emergent legal theory common to the three legal orders. The comparative analysis is undertaken at the most foundational levels of their legal traditions, via the prism of a legal paradigm elaborated with reference to an Australian Indigenous cosmological, ontological, and epistemological standpoint. The proposed legal theory comprises a broad overview, general concepts, normative principles, and general working principles. In so doing, the book expounds how Australian First Nations constitutionalism unfolds into holistic orders of spiritual, political, and legal authority that are explainable in terms of legal theory. At the most foundational level, such elaboration may help delineate normative and legal constitutional patterns throughout Indigenous Australia.
(source: Nielsen Book Data)

• The dilemmas of transitional justice and the South African experience / Richard J. Goldstone
• Facing the shadows of the past during transitions : the role of the constitutions in the case of Hungary / Kriszta Kovács
• Constitutional divergence and transitional justice in South Korea and Taiwan / Cheng-Yi Huang & Yi-Li Lee
• Constitutional justice and negotiated peace in Colombia / Nelson Camilo Sánchez León
• Constitutions, courts, and the quest for transitional justice : the Case of Chile / Javier Couso
• Coordinated transition in East Central Europe and the role of constitutional courts in transitional justice : experiences from Hungary and Moldova / Gábor Attila Tóth
• The determinants of the Polish transformation at the turn of the 21st Century : in view of the judgments of the Constitutional Tribunal of Poland / Prof. dr hab. Marek Zubik
• Transitional justice in a 19th-century Constitution : cautionary observations from the United States / Vicki C. Jackson and Harry Larson
• 'Cadres' in post-communist transition : shifting the loyalty standards in public service after regime change / Anna Śledzińska-Simon
• Between blaming and naming : constitutional review of bans on communist parties in post-Soviet states / Alexei Trochev.

"This book explores the complicated relationship between constitutions and transitional justice. It brings together scholars and practitioners from different countries to analyze the indispensable role of constitutions and constitutional courts in the process of overcoming political injustice of the past. Issues raised in the book include the role of a new constitution for the successful practice of transitional justice after democratization, revolution or civil war, and the difficulties faced by the court while dealing with mass human rights infringements with limited legal tools. The work also examines whether constitutionalizing transitional justice is a better strategy for new democracies in response to political injustice from the past. It further addresses the complex issue of backslides of democracy and consequences of constitutionalizing transitional justice. The group of international authors address the interplay of the constitution/court and transitional justice in their native countries, along with theoretical underpinnings of the success or unfulfilled promises of transitional justice from a comparative perspective. The book will be a valuable resource for academics, researchers and policy-makers working in the areas of Transitional Justice, Comparative Constitutional Law, Human Rights Studies, International Criminal Law, Genocide Studies, Law and Politics, and Legal History"-- Provided by publisher.

"In nineteenth-century England, legal conceptions of work and family changed in fundamental ways. Notably, significant legal moves came into play that changed the legal understanding of the family. Constructing the Family examines the evolution of the legal-discursive framework governing work and family relations. Luke Taylor considers the intersecting intellectual and institutional forces that contributed to the dissolution of the household, the establishment of separate spheres of work and family, and the emergence of modern legal and social ideas concerning work and family. He shows how specific legal-institutional moves contributed to the creation of the family's categorical status in the social and legal order and a distinct and exceptional body of rules - Family Law - for its governance. Shedding light on the historical processes that contributed to the emergence of English family law, Constructing the Family shows how work and family became separate regulatory domains, and in so doing reveals the contingent nature of the modern legal family."-- Provided by publisher.

• List of figures and tables, Introduction,
• Part 1: Fundamental and comparative perspectives, 1. Reconciling Islam and Finance: Challenges in Integrating Muslims into Financial Markets, 2. When Can Finance be Called "Islamic"? Reflections on the Relation between Islamic Ethics, Law and Economics, 3. Preconditions and Suggestions for Islamic Finance to Generate Sustained Economic Growth,
• Part 2: Fundamentals of Mediterranean Economics and Finance, 4. The Economics and Finance of the Middle East and North Africa, 5. The EU Cooperation Policy with the Northern African Mediterranean Countries and the Middle East,
• Part 3: Banking, finance and business opportunities, 6. Global Islamic Finance: Principles and Products, 7. Framework and Functioning of the Islamic Bank and Differences with Conventional Banks, 8. Marketing of Islamic Banks, 9. Islamic Finance to Enhance Business Opportunities: Private Investment, 10. Islamic Finance to Enhance Business Opportunities: Capital Markets, 11. Application of the Legal Principles of Islamic Finance to Our Legal System, Index.
• (source: Nielsen Book Data)

This book explores how Islam can impact the structures and performance of firms, financial institutions and capital markets across a range of countries and industries. The Islamic finance industry represents an important reality not only because of the oil wealth of the Gulf states, which have fueled demand for such financial services, but also for an increased demand from a growing Muslim population in the West that aspires to express a full and all-inclusive religious identity. The increased demand for Muslim financial institutions has prompted Western non-Islamic firms to begin providing these services in an interesting effort of acculturation to the new plural scenario. By adopting a multidisciplinary approach, which also takes into account the theological, legal and geopolitical framework, the book offers a comprehensive picture of Islamic financial tools, contracts and business opportunities. Drawing on different fields of expertise, it deals with various themes, such as the theological roots of Islamic economics and finance and its geopolitical impact; the EU policy of cooperation with MENA and GCC countries; the instruments of Islamic finance, its legal principle and ability to become an instrument for enhancing business opportunities; the functioning of Islamic banks; the development of capital markets within a financial model influenced by religious constraints and, finally, the new relationships of this religious financial system with Western legal systems. The book thus provides a complete and extensive overview of the practice of Islamic finance through the lenses offered by studies of economics and management. Providing a careful analysis and an integrated framework of geo-economic and political issues, the book will be a valuable resource for academics, researchers and professionals in International Business, Entrepreneurship and Small Business Management, Law and Religion and Intercultural Studies.
(source: Nielsen Book Data)

• 1. Copyright and Tertiary Education in Development Context.- 2. Copyright and Tertiary Education Regimes: Status Quo.-
• Chapter 3. Frameworks of National Human Development.- 4. Copyright-Related Flexibilities: General Aspects.- 5. Limitations and Exceptions for Education: Quest for Particulars.- 6. Rethinking Copyright and Tertiary Education Regimes: Embracing the CA.- 7. Concluding Remarks and Recommended Reforms.
• (source: Nielsen Book Data)

This book explores the interlinkages between copyright and tertiary education regimes, and their complementary roles for sustainable human development. Emphasizing issues that are not addressed in-depth in the existing works, this book employs a new theoretical perspective in order to inform the exploration of the interlinkages through the lens of human development. To this effect, the book adopts the capabilities approach (CA) as an inclusive development framework that is suitable for examining the interfaces among copyright, tertiary education, and human development in Ethiopia.
(source: Nielsen Book Data)

• A realistic proposal
• Open access consensus
• The constitution's intellectual property clause
• Scholarly publishing's market failure
• Law and scholarship
• A copyright amendment for science
• Epilogue: Toward a global public good

• A realistic proposal
• Open access consensus
• The constitution's intellectual property clause
• Scholarly publishing's market failure
• Law and scholarship
• A copyright amendment for science

"How US Copyright law should be reformed to ensure open access to research and scholarship"-- Provided by publisher

• 1. Introduction: corporate responsibility and the 'one-sidedness' of investment law
• 2. Corporate environmental and human rights obligations in international law: outside and inside the IIA regime
• 3. Counterclaims: benefits, normative grounds and limits
• 4. Counterclaims: jurisdiction and admissibility
• 5. Counterclaims: merits
• 6. Corporate environmental responsibility and the investor's principal claims
• 7. Conclusion: implications for reform.
• (source: Nielsen Book Data)

This book explores the potential of the current investor-state dispute settlement (ISDS) mechanism to materialise the responsibility of foreign investors through the states' counterclaims and defences at the jurisdictional, merits, and quantum phases. In doing so, it seeks to incorporate the recent developments of ISDS in both international and domestic laws of certain jurisdictions on corporate responsibility, including the parent company's due diligence and legal effects of corporations' voluntary commitments. The book also reflects the interests and perspectives of the victims who suffered loss and injury due to investors' conduct. The author demonstrates that the current system does have the inherent potential to advance responsible investment, even though reforms are needed to overcome its limitations. Fully utilising this potential to reflect investor responsibility in IIA-based dispute settlement mechanisms will help to develop practices based on greater due diligence and responsible business conduct.
(source: Nielsen Book Data)

• Introduction / Peter Gailhofer, David Krebs, Alexander Proelss, Roda Verheyen, Kirsten Schmalenbach
• Functions and objectives of corporate liability for transboundary environmental harm / Peter Gailhofer
• States responsibility and liability for transboundary environmental harm / Kirsten Schmalenbach
• Liability of private actors in international law / Peter Gailhofer and Cara-Sophie Scherf
• International standards for national environmental liability regimes / Kirsten Schmalenbach
• National civil liability and transboundary environmental damage / Peter Gailhofer
• Environmental due diligence obligations in home state law with regard to transnational value chains / David Krebs
• Climate change litigation : a reference area for liability / Roda Verheyen and Johannes Franke
• Geoengineering : methods, associated risks and international liability / Alexander Proelss and Robert C. Steenkamp
• Synthesis / Peter Gailhofer, David Krebs, Alexander Proelß, Kirsten Schmalenbach, and Roda Verheyen
• Convention on international liability for damage caused by space objects / Kirsten Schmalenbach
• Liability annex to the protocol on environmental protection to the antarctic treaty / Alexander Proelss and Robert C. Steenkamp
• Liability under part XI UNCLOS (deep seabed mining) / Alexander Proelss and Robert C. Steenkamp
• The Nagoya-Kuala Lumpur supplementary protocol on liability and redress to the cartagena protocol on biosafety / Peter Gailhofer Protocol on liability and compensation for damage resulting from transboundary movements of hazardous wastes and their disposal / Peter Gailhofer
• Paris Agreement / Kirsten Schmalenbach

This open access book aims to elaborate on the legal prerequisites to establish the liability of corporations for transboundary environmental harm, not only by identifying existing liability rules, principles and standards but also by analysing their potential for further legal development. The authors consider international and transboundary liability law to currently be an underutilised tool for international environmental protection. The book seeks to address this by exploring what is needed in terms of legislative action and identifying options for judicial pliability, thereby providing an important legal contribution in furthering the development of an effective international and transnational environmental liability law regime.
(source: Nielsen Book Data)

• Introduction 1 Role of Corporations in Climate Change Mitigation 2 Theories of Corporate Regulation in Climate Change Mitigation 3 Dilute Interventionism and the 'Culture of Regulatory Resistance' in Africa 4 Dilute Interventionism, Problem-Based Regulation, and Climate Change Mitigation 5 Dilute Interventionism and Framework Climate Change Legislation 6 'Veto Firewall' System and Technical Competence of the Climate Change Regulator 7 Enforced Co-Regulation and the 'Carrot and Stick' Approach in Climate Change Regulation of Corporations 8 Alternative Regulatory Frameworks for Corporate Participation in Climate Change Mitigation 9 Challenges of Climate Change Regulation of Corporations in Africa 10 Climate Change Regulation of Corporations in Africa: A Case Study of Nigeria 11 Climate Change Regulation of Corporations in Africa: A Case Study of South Africa 12 Implementing Dilute Interventionism in Africa: Prospects and Challenges Conclusion.
• (source: Nielsen Book Data)

This book critically analyses the prospects of overhauling the legal framework of climate change regulation of corporations in African state. It adopts the dilute interventionism regulatory framework to tackle the culture of regulatory resistance by corporations in Africa. Over the course of this volume, Kikelomo O. Kila critiques the climate change legal framework in all 53 African states and conducts an in-depth case study of the two largest economies in Africa - Nigeria and South Africa - to highlight the commonality of the problems in Africa and the potential for the dilute interventionism paradigm to significantly address these problems. The book establishes why African states should directly intervene through legislative mechanisms to compel corporations to incorporate climate change mitigation in their business activities. It proposes that this direct intervention should comprise a blend of prescriptive and facilitative mechanisms structured in a dilute interventionism regulatory model. Overall, this volume argues that implementing this model requires the institution of a strong and independent regulator with a veto firewall protection system that guarantees its de facto independence from government and external influences. Corporate Regulation for Climate Change Mitigation in Africa will be of great interest to climate change stakeholders at the international, regional, and domestic levels, policymakers, regulatory practitioners, and legal experts on corporate regulation. It will also be an insightful resource for students and scholars of climate change and environmental law, policy, and governance.
(source: Nielsen Book Data)

• Introduction
• 1. The First "Medieval" Advocates
• 2. Putting Down Roots in Ninth-Century Francia
• 3. The "Aristocratization" of Post-Carolingian Advocacy
• 4. Elite Competition at the Turn of the First Millennium
• 5. The Limits of Church Reform
• 6. Pigs and Sheep, Beer and Wine, Pennies and Pounds
• 7. A History of Violence
• 8. Weapons of the Not-so-Weak
• 9. The Murder of Archbishop Engelbert
• 10. Widening the Lens
• 11. The Emperor as Vogt, ca. 1000-1500
• 12. From Lordship to Government?
• 13. Reframing the History of Violence
• 14. Crossing the False Divide: Advocates after 1500
• 15. A Cultural History of the Rapacious Advocate, or: William Tell's Revenge
• Conclusion.
• (source: Nielsen Book Data)

What was an "advocate" (Latin: advocatus; German: Vogt) in the Middle Ages? What responsibilities came with the position and how did they change over time? With this groundbreaking study, Jonathan R. Lyon challenges the standard narrative of a "medieval" Europe of feudalism and lordship being replaced by a "modern" Europe of government, bureaucracy and the state. By focusing on the position of advocate, he argues for continuity in corrupt practices of justice and protection between 750 and 1800. This book traces the development of the role of church advocate from the Carolingian period onward and explains why this position became associated with the violent abuse of power on churches' estates. When other types of advocates became common in and around Germany after 1250, including territorial and urban advocates, they were not officeholders in developing bureaucracies. Instead, they used similar practices to church advocates to profit illicitly from their positions, which calls into question scholarly arguments about the decline of violent lordship and the rise of governmental accountability in European history.
(source: Nielsen Book Data)

• Introduction
• The first "Medieval" advocates
• Putting down roots in ninth-century Francia
• The "aristocratization" of post-Carolingian advocacy
• Elite competition at the turn of the first millennium
• The limits of church reform
• Pigs and sheep, beer and wine, pennies and pounds
• A hyistory of violence
• Weapons of the not-so-weak
• The murder of Archbishop Engelber
• Widening the lens
• The emperor as vogt, ca. 1000-1500
• From lordship to government?
• Reframing the history of violence
• Crossing the false divide : advocates after 1500
• A cultural history of the rapacious advocate, or : William Tell's revenge
• Conclusion.

• An introduction to subversive legal education / Helen Gibbon, Ben Golder, Lucas Lixinski, Marina Nehme, and Prue Vines
• A visceral view of subversion in legal education : teaching and research in unusual domains as a methodology / Prue Vines
• Antithesis as subversive legal education : learning justice through injustice in the artwork of Sandro Botticelli / Paolo Moro
• Subversion and perpectivism in teaching property law / Peter D. Burdon
• Valuing our differences : for the sake of adaptive law schools / Kylie Fletcher
• Re-thinking assessment in law / Alex Steel
• Can law schools provide students with a subversive legal education in an online learning environment? / K.E. Powell and Nicole J. Siller
• Hacking the Priestleys / Kate Galloway, with Melissa Castan and Alex Steel
• Value and values in higher education : some reflections from the UK on the subversive dimensions of historical approaches in the study of law / Sarah Wilson
• Education for citizenship and social justice : students as co-creators / Kellie Toole and Peter Burdon
• Unlearning real property law / Dorothea Anthony
• Challenging BigLaw : questioning the dominant discourse in law student employment aspirations / Nick James and Kana Nakang.

In an age when everyone aspires to teach critical thinking skills in the classroom, what does it mean to be a subversive law teacher? Who or what might a subversive law teacher seek to subvert - the authority of the law, the university, their own authority as teachers, perhaps? Are law students ripe for subversion, agents of, or impediments to, subversion? Do they learn to ask critical questions? Responding to the provocation in the classic book Teaching as a Subversive Activity, by Postman and Weingartner, the idea that teaching could, or even should, be subversive still holds true today, and its premise is particularly relevant in the context of legal education. We therefore draw on this classic book to discuss, in the present volume, the consideration of research into legal education as lifetime learning, as creating meaning, as transformative and as developing world-changing thinking within the legal context. The volume offers research into classroom experiences and theoretical and historical interrogations of what it means to teach law subversively. Primarily aimed at legal educators and doctoral students in law planning careers as academics, its insights speak directly to tensions in higher education more broadly.