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Sex Work, Labour and Relations: New Directions and Reflections (Palgrave Advances in Sex Work Studies)
Par Teela Sanders, Kathryn McGarry, Paul Ryan. 2022
This edited collection showcases innovative, up and coming researchers’ work in the field of sex work studies across labour/work and…
relationships. This research is pushing the boundaries of the subject, asking new questions, carving new methodological terrain, and contributing new ideas and empirical findings to the existing literature. Drawing on sociology, criminology, media studies, social and health policy, law and socio-legal studies, the chapters reflect a range of new topics in the sex work studies literature such as religious readings, porn workers and their interactions with fans; romantic relationships, and humour at work. Studies are drawn from Europe, South America, Turkey, Ireland, New Zealand and the USA. This book speaks to academics across the social sciences and humanities who are interested in sex work studies.Standard-Setting Organisations’ IPR Policies: Intellectual Property and Competition Issues
Par Manveen Singh. 2022
This book offers a unique insight into the world of standard-setting organizations (SSOs)’ IPR policies and the role they play…
in balancing the interests of innovators and implementers, vis-à-vis the development of standards. Since the beginning of the 21st century, there have been quite a few questions asked of the SSOs as to the legality of their IPR policies and the enforceability of disclosure and licensing obligations enshrined therein. That, coupled with disagreements over the appropriate royalty rate and royalty base, has resulted in extensive litigation between innovators and implementers, especially across the Atlantic. The Book, in keeping the USA and EU as the two primary jurisdictions, offers a comprehensive analysis of the disclosure and licensing obligations under SSO IPR policies, with strong theoretical foundations justifying their imposition. More specifically, it offers a bird’s eye view of the various facets of disclosure and licensing, ranging from non-disclosure and transparency on one hand, to the determination of FRAND on the other. While much has been said about the benefits arising out of collaborative standard-setting, disputes involving SEP licensing have not been limited to the courts, and have attracted a significant amount of scrutiny by competition/antitrust agencies. The Book provides an elaborate account of the anti-competitive concerns surrounding standard-setting, and further documents the role of courts and competition agencies in ensuring good faith licensing negotiations between the SEP holders and implementers. Despite largely focusing on SEP licensing disputes in the USA and EU, the Book also offers a dedicated chapter on standard-setting in the Indian context. The readers are presented with an in-depth discussion on the contrasting approaches adopted by the courts and the Competition Commission of India (CCI), in addressing disputes involving SEPs. The said discussion is supplemented by a careful analysis of the SEP licensing guidelines to have emerged out of other implementer-oriented economies like China and Japan. By doing so, the Book offers readers the opportunity to study and compare the SEP licensing framework in developed, as well as developing economies. SSO IPR policies play an integral role in the development of standards, and with technologies such as the Internet of Things and 5G knocking on the doors, the Book makes for a valuable study on the nuances of standard-setting through the lens of SSOs, and will find takers among a wide reader base of students, researchers, academics, law practitioners, corporates, and policy makers.Foreign Direct Investment (FDI) from third countries—a desirable form of investment to boost the EU’s economy or a threat to…
important EU and Member State interests that must be mitigated via FDI screening mechanisms? FDI screening is a complex, controversial and highly topical subject at the intersection of law, politics and economics. This book analyzes the political rationale behind FDI screening in the EU, reveals the legal limitations of current FDI screening mechanisms based on security and public order, and identifies legislative options for broader screening mechanisms in accordance with EU and international economic law. In particular, the book identifies the four main concerns in the EU regarding FDI from third countries: distortive competition effects; the lack of reciprocity on FDI treatment between the EU and the investor’s home country; objectives of the investor or their home country that may be detrimental to EU interests; and safety of private information. On this basis, the book analyzes the Screening Regulation (Regulation (EU) 2019/452) and its newly introduced screening ground “security or public order” and asks whether this and other similar screening grounds based on the notions of security, public order and public policy can address these concerns with regard to foreign investors. Based on an analysis of WTO law and EU primary law, it argues that they cannot. Thus, the question arises: Do the EU and Member States have the flexibility to adopt broader FDI screening mechanisms? To answer this question, the book examines the freedoms of capital movement and establishment in EU primary law, as well as various sources of international economic law such as, first and foremost, the WTO’s General Agreement on Trade in Services, but also other bi- and plurilateral trade and investment treaties, including the EU-China Comprehensive Agreement on Investment. In closing, the book identifies various legislative options for broader FDI screening mechanisms—and their shortcomings.How we understand what procedure is due as a fundamental or constitutional right can have a critical impact on designing…
a civil procedure. Drawing on comparative law and empirically oriented methodologies, in this book the author provides a thorough analysis of how procedural due process is understood both in national jurisdictions and in the field of international human rights law.The book offers a suitable due process theory for civil matters in general, assessing the different roles that this basic international human right plays in comparison with criminal justice. In this regard, it argues that the civil justice conception of due process has grown under the shadow of criminal justice for too long. Moreover, the theory answers the question of what the basic requirements are concerning the right to a fair trial on civil matters, i.e., the question of what we can and cannot sacrifice when designing a civil procedure that correctly distributes the risk of moral harm while remaining accessible to people with complex and simple legal needs, in order to reconcile the requirements of procedural fairness with social demands for justice.This book makes a valuable contribution to the field of civil justice, legal design, and access to justice by providing an empirically based normative theory regarding the right to a fair trial. As such, it will be of interest to a broad audience: policymakers, practitioners and judges, but also researchers and scholars interested in theoretical questions in jurisprudence, and those familiar with empirical legal studies, comparative law, and other socio-legal studies.Kompendium Wirtschaftsprivatrecht (Springer-Lehrbuch)
Par Dagmar Gesmann-Nuissl. 2022
Dieses Buch vermittelt die Grundlagen des Wirtschaftsprivatrechts klar strukturiert, kompakt, praxisbezogen und fallorientiert. Es richtet sich in erster Linie an…
Studierende der Wirtschaftswissenschaften und Studierende, die Recht im Nebenfach belegen, unterstützt aber auch angehende Juristen optimal bei der Klausur- und Prüfungsvorbereitung. Neben Abbildungen, die den Lernstoff visualisieren, finden sich darin zahlreiche Aufgaben zur Selbstkontrolle. Beispielsfälle mit Lösungshinweisen sowie die begleitend angebotene SN Flashcards Lern App erhöhen den Lernerfolg zusätzlich.International Conflict and Security Law: A Research Handbook
Par Sergey Sayapin, Rustam Atadjanov, Umesh Kadam, Gerhard Kemp, Nicolás Zambrana-Tévar, Noëlle Quénivet. 2022
This unique two-volume book covers virtually the whole spectrum of international conflict and security law. It proceeds from values protected…
by international law (Part I), through substantive rules in which these values are embodied (Part II), to international and domestic institutions that enforce the law (Part III). It subsequently deals with current challenges in the application of rules of international conflict and security law (Part IV), and crimes as the most serious violations of those rules (Part V). Finally, in the section on case studies (Part VI), lessons learnt from a number of conflict situations are discussed.Written by an international team of experts representing all the major legal systems of the world, the book is intended as a reference work for students and researchers, domestic and international judges, as well as for legal advisers to governments and international and non-governmental organisations.Sergey Sayapin is Associate Professor and Associate Dean at KIMEP University, School of Law in Almaty, Kazakhstan.Rustam Atadjanov is Assistant Professor at KIMEP University, School of Law in Almaty, Kazakhstan.Umesh Kadam is formerly Additional Professor at the National Law School of India University, Bangalore, India and Legal Adviser with the International Committee of the Red Cross.Gerhard Kemp is Professor of Law at the University of Derby in the United Kingdom. Nicolás Zambrana-Tévar is Associate Professor at KIMEP University, School of Law in Almaty, Kazakhstan.Noëlle Quénivet is Professor in International Law at the University of the West of England, Bristol Law School in the United Kingdom.Criminal Justice Responses to Domestic Abuse in Northern Ireland
Par Ronagh J.A. McQuigg. 2023
This book provides a detailed exploration of the responses of the criminal justice system to domestic abuse in Northern Ireland.…
The book’s primary focus is on developments which have taken place since around 2010, and in particular since the restoration of the Northern Ireland Assembly in January 2020 after a three year suspension. The book includes discussion of the increased levels of domestic abuse in Northern Ireland in the context of the COVID-19 pandemic, and analyses the ways in which the criminal justice system responded. In addition, the book includes in-depth discussion of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021, which had the effect of criminalising coercive control, and the implications of this legislation for Northern Ireland’s response to domestic abuse. The book will be of great interest to academics and researchers from a wide variety of disciplines, such as criminal law, criminology, social policy, human rights, family law, gender studies and sociology; as well as practitioners and those in the voluntary sector who are working in the area of combating domestic abuse. It can also be used on courses at both undergraduate and postgraduate levels which incorporate the topic of domestic abuse.Fault in Criminal Law: A Research Companion (Substantive Issues in Criminal Law)
Par Alan Reed, Michael Bohlander, Bethany Simpson, Verity Adams. 2023
This volume presents a comparative examination of the issue of fault in criminal law. Extant law reveals significant problems in…
adoption of consistent approaches to doctrinal and theoretical underpinnings of fault liability and culpability thresholds in criminal law. This has been exemplified by a plethora of recent jurisprudential authorities revealing varying degrees of confusion and vacillation. This collection focuses on fault liability for inculpation with contributions from leading specialists from different jurisdictions presenting alternative perspectives. The book addresses three specific elements within the arena of fault, embracing an overarching synergy between them. This structure facilitates an examination of UK provisions, with specialist contributions on domestic law, and in contrasting these provisions against alternative domestic jurisdictions as well as comparative contributions addressing a particularised research grid for content. The comparative chapters provide a wider background of how other legal systems treat a variety of specialised issues relating to fault elements in the context of the criminal law. With contributions from leading experts in the field, the book will be an invaluable resource for researchers, academics, and practitioners working in this area.Global Migration Governance from Below: Actors, Spaces, Discourses (Mobility & Politics)
Par Stefan Rother. 2022
After a long time of neglect, migration has entered the arena of international politics with a force. The 2018 Global…
Compact for safe, orderly and regular migration (GCM) is the latest and most comprehensive framework for global migration governance. Despite these dynamics, migration is still predominantly framed as a state-centric policy issue that needs to be managed in a top-down manner. This book proposes a difference approach: A truly multi-stakeholder, multi-level and rights-based governance with meaningful participation of migrant civil society. Drawing on 15 years of participant observation on all levels of migration governance, the book maps out the relevant actors, “invited” and “invented” spaces for participation as well as alternative discourses and framing strategies by migrant civil society. It thus provides a comprehensive and timely overview on global migration governance from below, starting with the first UN High Level Dialogue in 2006, evolving around the Global Forum on Migration and Development (GFMD) and leading up to the consultations for the International Migration Review Forum in 2022.The Local Budget as a Complex System (Palgrave Studies in Public Debt, Spending, and Revenue)
Par Jeffrey Chapman. 2022
This book examines budgeting by analyzing the local government budget as a complex system, thus adding a new dimension to…
traditional budget textbooks. It is designed to complement existing texts—not replace—by putting the budget in a complex system, general equilibrium framework. A complex systems framework adds to conventional budget analysis in at least four ways: It looks at the budget as the result of many variables that are outside the finance department’s purview; it understands that there are multiple interdependences among these variables; it suggests analysis of non-obvious relationships among actions in the budget process in order to optimize results; and it argues that the actors in the process must understand that their budgetary behaviors have indirect and far-reaching implications that go beyond the budget document. This book also uses concepts seldom discussed in the budgetary literature—that of governance, including concepts of the facilitative state, with adjustments for exogenous shocks; the forms of decision making; and the political climate of the jurisdiction. This framework notes methods of success of firms in the private sector that operate in environments of rapid technological change. While becoming a popular theoretical framework for how private sector firms change, dynamic capability analysis has received little attention in the public management field. This book utilizes DC since public sector organizations also face rapidly changing environments. Lastly, the book discusses the potential relationship between the local budget and local community welfare maximization.In Working towards Equity, Dustin Galer argues that paid work significantly shaped the experience of disability during the late twentieth…
century. Using a critical analysis of disability in archival records, personal collections, government publications and a series of interviews, Galer demonstrates how demands for greater access among disabled people for paid employment stimulated the development of a new discourse of disability in Canada. Family advocates helped people living in institutions move out into the community as rehabilitation professionals played an increasingly critical role in the lives of working-age adults with disabilities. Meanwhile, civil rights activists crafted a new consumer-led vision of social and economic integration. Employment was, and remains, a central component in disabled peoples' efforts to become productive, autonomous and financially secure members of Canadian society. Working towards Equity offers new in-depth analysis on rights activism as it relates to employment, sheltered workshops, deinstitutionalization and labour markets in the contemporary context in Canada.Tax and Government in the 21st Century (Law in Context)
Par Miranda Stewart. 2022
With an accessible style and clear structure, Miranda Stewart explains how taxation finances government in the twenty-first century, exploring tax…
law in its historical, economic, and social context. Today, democratic tax states face an array of challenges, including the changing nature of work, the digitalisation and globalisation of the economy, and rebuilding after the fiscal crisis of the COVID-19 pandemic. Stewart demonstrates the centrality of taxation for government budgets and explains key tax principles of equity, efficiency and administration. Presenting examples from a wide range of jurisdictions and international developments, Stewart shows how tax policy and law operate in our everyday lives, ranging from family and working life to taxing multinational enterprises in the global digital economy. Employing an interdisciplinary approach to the history and future of taxation law and policy, this is a valuable resource for legal scholars, practitioners and policy makers.Responding to Modern Genocide: At the Confluence of Law and Politics
Par Mark D. Kielsgard. 2016
Developments in the understanding and treatment of genocide through the twentieth century have involved a combination of politics, public opinion,…
social trends, and economic development, and led to the substantive law of genocide and the assumption of international jurisdiction. This book analyzes incidences of genocide and mass atrocities, focusing on the political factors involved in modern counter-genocide efforts. Drawing on incidences of genocide and mass atrocity such as the Holocaust, the Rwandan genocide, and the Armenian genocide, Mark Kielsgard adopts a conceptual model that reveals the political factors which impact the international law of genocide, such as barriers and catalysts to transitional justice and the politics of genocide denial. As a work which provides a focused picture of those influences and their significance to genocide studies, this book will be of great use and interest to students and researchers in international criminal law, conflict studies, and conflict resolution.Corporate Social Responsibility (CSR) has increasingly been promoted as an important mechanism for furthering economic and social development goals in…
developing countries. In such an optimistic climate, questions arise as to whether CSR can bear the weight of the increasing expectations being heaped on its shoulders. This book examines the changing nature of corporate social responsibility as it has been conceived over the past eighty years. It considers the historical and socio-legal developments of the idea of CSR and the various conceptions of the corporation which underlie different realisations of CSR. The book explores the model of CSR deployed in the developing world as well as the links between CSR and development. Renginee Pillay uses Mauritius as a case-study, demonstrating how CSR and corporate governance issues have come to the fore of political, financial and legal landscapes. Drawing on empirical research, the book examines how the first legislation of its kind has been implemented in Mauritius, and analyses its impact on development. In its work to evaluate the contribution CSR can make to development, this book will be of great use and interest to students and researchers of business and company law, business ethics, and development studies.The definitive biography of Felix Frankfurter, Supreme Court justice and champion of twentieth-century American liberal democracy. The conventional wisdom about…
Felix Frankfurter—Harvard law professor and Supreme Court justice—is that he struggled to fill the seat once held by Oliver Wendell Holmes. Scholars have portrayed Frankfurter as a judicial failure, a liberal lawyer turned conservative justice, and the Warren Court’s principal villain. And yet none of these characterizations rings true. A pro-government, pro-civil rights liberal who rejected shifting political labels, Frankfurter advocated for judicial restraint—he believed that people should seek change not from the courts but through the democratic political process. Indeed, he knew American presidents from Theodore Roosevelt to Lyndon Johnson, advised Franklin Roosevelt, and inspired his students and law clerks to enter government service. Organized around presidential administrations and major political and world events, this definitive biography chronicles Frankfurter’s impact on American life. As a young government lawyer, he befriended Theodore Roosevelt, Louis Brandeis, and Holmes. As a Harvard law professor, he earned fame as a civil libertarian, Zionist, and New Deal power broker. As a justice, he hired the first African American law clerk and helped the Court achieve unanimity in outlawing racially segregated schools in Brown v. Board of Education. In this sweeping narrative, Brad Snyder offers a full and fascinating portrait of the remarkable life and legacy of a long misunderstood American figure. This is the biography of an Austrian Jewish immigrant who arrived in the United States at age eleven speaking not a word of English, who by age twenty-six befriended former president Theodore Roosevelt, and who by age fifty was one of Franklin Roosevelt’s most trusted advisers. It is the story of a man devoted to democratic ideals, a natural orator and often overbearing justice, whose passion allowed him to amass highly influential friends and helped create the liberal establishment.Increasing and intensified cross-border economic exchange such as trade and investment is an important feature of globalization. In the past,…
a distinction could be made between capital importing and exporting countries, or host and home countries for foreign direct investment (FDI). Due to globalization, FDI is presently made by and in both developed and developing countries. Differences in political, economic and legal systems and culture are no longer obstacles for FDI, and to varying degrees the economic development of almost all countries is closely linked with the inflow of FDI. This book conducts critical assessments of aspects of current international law on FDI, focusing on cases decided by the tribunals of the International Centre for Settlement of Investment Disputes (ICSID) and other tribunals as well as decisions of annulment ad hoc committees of the ICSID. In examining such cases, Guiguo Wang takes into account the Chinese culture and China’s practice in the related areas. The book explores topics including: the development and trend of international investment law; unilateral, bilateral and multilateral mechanisms for encouraging and protecting FDIs; determination of qualified investors and investments and consent as conditions for protection; relative and absolute standards of treatment; determination of expropriation in practice; assessment of compensation for expropriation; difficulties in enforcing investment arbitral awards; and alternatives for improving the existing system. The book will be of great use and interest to scholars, practitioners and students of international investment law and international economic law, Asian law, and Chinese studies.Law and Society in Latin America: A New Map (Law, Development and Globalization)
Par Cesar Rodriguez Garavito. 2015
Over the past two decades, legal thought and practice in Latin America have changed dramatically: new constitutions or constitutional reforms…
have consolidated democratic rule, fundamental innovations have been introduced in state institutions, social movements have turned to law to advance their causes, and processes of globalization have had profound effects on legal norms and practices. Law and Society in Latin America: A New Map offers the first systematic assessment by leading Latin American socio-legal scholars of the momentous transformations in the region. Through an interdisciplinary and comparative lens, contributors analyze the central advances and dilemmas of contemporary Latin American law. Among them are pioneering jurisprudence and legal mobilization for the fulfillment of socioeconomic rights in a highly unequal region, the rise of multicultural constitutionalism and legal struggles around identity politics, the globalization of legal education and practice, tensions between developmental policies and environmental justice, and the emergence of a regional human rights system. These and other processes have not only radically altered the institutional landscape of the region, but also produced academic and practical innovations that are of global interest and defy conventional accounts of Latin American law inherited from law-and-development studies. Painting a portrait of the new Latin American legal thought for an international audience, Law and Society in Latin America: A New Map will be of particular interest to students of comparative law, legal mobilization, and Latin American politics.Refugee Protection and the Role of Law: Conflicting Identities (Routledge Research in Asylum, Migration and Refugee Law)
Par Susan Kneebone, Dallal Stevens, Loretta Baldassar. 2015
Sixty years on from the signing of the Refugee Convention, forced migration and refugee movements continue to raise global concerns…
for hosting states and regions, for countries of origin, for humanitarian organisations on the ground, and, of course, for the refugee. This edited volume is framed around two themes which go to the core of contemporary ‘refugeehood’: protection and identity. It analyses how the issue of refugee identity is shaped by and responds to the legal regime of refugee protection in contemporary times. The book investigates the premise that there is a narrowing of protection space in many countries and many highly visible incidents of refoulement. It argues that ‘Protection’, which is a core focus of the Refugee Convention, appears to be under threat, as there are many gaps and inconsistencies in practice. Contributors to the volume, who include Erika Feller, Elspeth Guild, Hélène Lambert and Roger Zetter, look at the relevant issues from the perspective of a number of different disciplines including law, politics, sociology, and anthropology. The chapters examine the link between identity and protection as a basis for understanding how the Refugee Convention has been and is being applied in policy and practice. The situation in a number of jurisdictions and regions in Europe, North America, South East Asia, Africa and the Middle East is explored in order to ask the question does jurisprudence under the Refugee Convention need better coordination and how successful is oversight of the Convention?Popular Culture and Legal Pluralism: Narrative as Law (Law, Justice and Power)
Par Wendy A Adams. 2017
Drawing upon theories of critical legal pluralism and psychological theories of narrative identity, this book argues for an understanding of…
popular culture as legal authority, unmediated by translation into state law. In narrating our identities, we draw upon collective cultural narratives, and our narrative/nomos obligational selves become the nexus for law and popular culture as mutually constitutive discourse. The author demonstrates the efficacy and desirability of applying a pluralist legal analysis to examine a much broader scope of subject matter than is possible through the restricted perspective of state law alone. The study considers whether presumptively illegal acts might actually be instances of a re-imagined, alternative legality, and the concomitant implications. As an illustrative example, works of critical dystopia and the beliefs and behaviours of eco/animal-terrorists can be understood as shared narrative and normative commitments that constitute law just as fully as does the state when it legislates and adjudicates. This book will be of great interest to academics and scholars of law and popular culture, as well as those involved in interdisciplinary work in legal pluralism.Saviour Siblings and the Regulation of Assisted Reproductive Technology: Harm, Ethics and Law
Par Malcolm K. Smith. 2015
Advances in the field of Assisted Reproductive Technology (ART) have been revolutionary. This book focuses on the use of ARTs…
in the context of families who seek to conceive a matching sibling donor as a source of tissue to treat an existing sick child. Such children have been referred to as 'saviour siblings'. Considering the legal and regulatory frameworks that impact on the accessibility of this technology in Australia and the UK, the work analyses the ethical and moral issues that arise from the use of the technology for this specific purpose. The author claims the only justification for limiting a family's reproductive liberty in this context is where the exercise of reproductive decision-making results in harm to others. It is argued that the harm principle is the underlying feature of legislative action in Western democratic society, and as such, this principle provides the grounds upon which a strong and persuasive argument is made for a less-restrictive regulatory approach in the context of 'saviour siblings'. The book will be of great relevance and interest to academics, researchers, practitioners and policy makers in the fields of law, ethics, philosophy, science and medicine.