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Private Law and Property Claims
by Professor Peter JaffeyPrivate Law and Property Claims sets out a distinctive analysis of some general issues in private law, including the nature of categories such as contract, tort and property, duties and liabilities as the basis of claims in private law, and the relationship between primary rights and remedies. In the light of this analysis, it offers a new approach to property in private law, including claims that arise to protect and recover property. It goes on to discuss the law of trusts, fiduciary relationships, and tracing; the remedial role of the trust; the nature of equity as a legal category; and the relationship between property and claims in tort to protect property. It also exposes the misconceptions underlying the modern approach to restitution and unjust enrichment and the problems this is causing in private law.
Privatizing Public Lands
by Scott LehmannIn the United States, private ownership of land is not a new idea, yet the federal government retains title to roughly a quarter of the nation's land, including national parks, forests, and wildlife refuges. Managing these properties is expensive and contentious, and few management decisions escape criticism. Some observers, however, argue that such criticism is largely misdirected. The fundamental problem, in their view, is collective ownership and its solution is privatization. A free market, they claim, directs privately owned resources to their most productive uses, and privatizing public lands would create a free market in their services. This timely study critically examines these issues, arguing that there is no sense of "productivity" for which it is true that greater productivity is both desirable and a likely consequence of privatizing public lands or "marketizing" their management. Lehmann's discussion is self-contained, with background chapters on federal lands and management agencies, economics, and ethics, and will interest philosophers as well as public policy analysts.
Privatizing War: Private Military and Security Companies under Public International Law
by null Lindsey Cameron null Vincent ChetailA growing number of states use private military and security companies (PMSCs) for a variety of tasks, which were traditionally fulfilled by soldiers. This book provides a comprehensive analysis of the law that applies to PMSCs active in situations of armed conflict, focusing on international humanitarian law. It examines the limits in international law on how states may use private actors, taking the debate beyond the question of whether PMSCs are mercenaries. The authors delve into issues such as how PMSCs are bound by humanitarian law, whether their staff are civilians or combatants, and how the use of force in self-defence relates to direct participation in hostilities, a key issue for an industry that operates by exploiting the right to use force in self-defence. Throughout, the authors identify how existing legal obligations, including under state and individual criminal responsibility should play a role in the regulation of the industry.
Privatizing War: Private Military And Security Companies Under Public International Law
by Lindsey Cameron Vincent Chetail
Prize and Prejudice: Privateering and Naval Prize in Atlantic Canada in the War of 1812 (Research in Maritime History #11)
by Faye KertThis journal examines privateering and naval prizes in Atlantic Canada in the maritime War of 1812 - considered the final major international manifestation of the practice. It seeks to contextualise the role of privateering in the nineteenth century; determine the causes of, and reactions to, the War of 1812; determine the legal evolution of prize law in North America; discuss the privateers of Nova Scotia and New Brunswick, and the methods they utilised to manipulate the rules of prize making during the war; and consider the economic impact of the war of maritime communities. Ultimately, the purpose of the journal is to examine privateering as an occupation in order to redeem its historically negative reputation. The volume is presented as six chapters, plus a conclusion appraising privateering, and seven appendices containing court details, prize listings, and relevant letters of agency.
Property, Power and Human Rights: Lived Universalism In and Through the Margins (Elgar Studies in Human Rights)
by Laura DehaibiThrough deconstructing the right to property, this incisive book critically assesses the claim that international human rights law is universal. Laura Dehaibi presents an innovative bottom-up and dialogical approach to human rights, drawing on lived experience in the margins to give rights a subversive and emancipatory meaning.Chapters analyse the sources of international human rights law, in particular examining the drafting of the Universal Declaration of Human Rights, and provide a thorough review of regional case law on the right to property. Dehaibi illustrates the inadequacy of the current liberal approach to human rights, showing that stories of belonging and human suffering matter greatly when interpreting and enforcing these rights. Ultimately, this book argues for a crucial realignment of the concept of universalism around social participation, contributing to a wider reconsideration of the sources of power in law.Property, Power and Human Rights will be essential reading for students and scholars in human rights, social justice, property and international law. Taking a novel perspective on the interpretation and enforcement of human rights, it will also be invaluable for regional practitioners and activists seeking to strengthen human rights protections.
Proportionality: Constitutional Rights and their Limitations (Cambridge Studies in Constitutional Law #2)
by null Aharon BarakHaving identified proportionality as the main tool for limiting constitutional rights, Aharon Barak explores its four components (proper purpose, rational connection, necessity and proportionality stricto sensu) and discusses the relationships between proportionality and reasonableness and between courts and legislation. He goes on to analyse the concept of deference and to consider the main arguments against the use of proportionality (incommensurability and irrationality). Alternatives to proportionality are compared and future developments of proportionality are suggested.
Prosecuting and Defending Domain Name Disputes: Effective Litigation Strategies (Elgar Intellectual Property Law and Practice series)
by Daniel R. BereskinDealing extensively with domain name dispute case law, rules and procedures, this book provides practical information for protecting trademarks against registration and use of abusive third-party domain names as well as defending UDRP complaints. Leading intellectual property lawyer Daniel Bereskin presents an invaluable how-to guide for the effective execution of complaints concerning uniform domain names while considering responses to such complaints. The book also offers detailed advice on the evidence needed to support complaints and responses.Key Features:Evidence needed to support domain name dispute positionsAnalysis of the likelihood of success in domain name disputesA comprehensive examination of WIPO domain name dispute case lawTips on drafting persuasive responses to domain name dispute complaintsPractical guidance on creating effective complaints in domain name dispute proceedingsThis accessible and well-organized book will be a key resource for both trademark owners faced with abusive third-party domain name registrations and domain name owners who believe they registered their domain names in good faith, as well as lawyers, trademark agents, and advisors assisting them in dispute proceedings.
Protecting Geographical Indications in Africa
by Marius Schneider Nora Ho Tu NamHome to emerging economies, a growing middle class, and the world's youngest population, Africa presents exciting opportunities for high-value products, including products bearing a geographical indication (GI). A GI is a sign used on products that have a specific geographical origin and possess qualities or a reputation due to that origin. From a niche topic of interest to a billion-dollar industry, GIs now command centre stage in the field of intellectual property (IP). This is no doubt due to the myriad of benefits associated with GIs, from price premiums to the development of rural areas; the revitalization of agricultural communities; and the expansion of tourism. It is hardly surprising that many stakeholders in the GI value chain, both from within and outside the continent, show a keen interest in protecting and enforcing GIs. In Africa, producer associations, governments, regulatory authorities, and the judiciary are however limited by the lack of clear information on how best to protect and enforce GIs. This book responds to the need for comprehensive information and practical advice on GIs in Africa. The first part of the book explores the economic and social opportunities offered by GIs, the legal framework within which African states operate at the international and continental level, and the mechanisms available to protect GIs. The authors adopt an Africa-centric approach, using real-life African examples. They propose a balanced discussion around GIs, remaining mindful of African interests and commitments. The second part of the book provides a detailed overview of the laws and regulations regarding GIs in the two main regional IP organizations in Africa--the African Intellectual Property Organization (Organisation Africaine de la Propri?t? Intellectuelle, 'OAPI') and the African Regional Intellectual Property Organization (ARIPO)--as well as in eleven African states: Algeria, Angola, Botswana, the Democratic Republic of Congo, Egypt, Ethiopia, Kenya, Mauritius, Morocco, Nigeria, and South Africa. The structure adopted by the authors allows readers to look up the factual background of the relevant jurisdiction, its legal framework, the applicable registration procedures, and enforcement mechanisms. The book guides experienced readers and newcomers through the topic of GIs in Africa.
Public Interest Considerations in US Merger Control: An Assessment of National Security and Sectoral Regulators
by Ioannis KokkorisPublic Interest Considerations in US Merger Control: An Assessment of National Security and Sectoral Regulators offers a detailed study of the enforcement goals and regulatory framework of merger control assessment in the US. Assessment approaches vary considerably across sectors and Kokkoris explores the different approaches adopted by a range of US regulatory authorities, including the Committee on Foreign Investment in the United States, the Federal Communications Commission, the Department of Transportation, and the Board of Governors of the Federal Reserve System. Kokkoris argues that US merger assessments can be convoluted as transactions can be assessed under a public interest test by one sectoral authority and under a competition test by the Federal Trade Commission or the Department of Justice. These overlapping approaches can lead to contradictory outcomes, resulting in ineffective competitive dynamics in the sectoral market. The book focuses on the composition, legislation, and the relevant public interest considerations of each regulatory authority and presents seminal cases that illustrate the different enforcement approaches as well as the possible discrepancies between competition law-based assessments and national security or public interest-based assessments. Distilling all these considerations, Public Interest Considerations in Merger Control suggests that the application of the varying shades of the public interest standard can result in a complex and inefficient merger review process and recommends new ways to address these inefficiencies.
Public Policy in Soviet Private International Law
by André GarnefskyThis study is based on original Russian sources, due atten tion being paid to some authoritative views advanced by foreign lawyers. Leaving aside the essentials of the work in the hope that they will speak for themselves; I should like to make some prelim inary remarks regarding the linguistic and other formal aspects. First of all it should be noted that many of the Soviet laws have already been translated into English either in the USSR itself or in Western countries. This fact is fully reflected in the bibliographical survey at the end of this study. Some laws have been translated both in the Soviet Union and abroad, as for instance the Fundamentals of Soviet Civil Legislation. In such a case I have used the translation made in the USSR even though linguistically it may be inferior to the translation made in the West. The author has translated only those legal provi sions of which no English translation was available. For transliteration, I have used the system of the Library of Congress of the USA without its diacritical marks. Further, a word should be said about the references in the notes. They are very brief and consist of the surnames of the authors concerned and if necessary an additional element, e. g.
Pufendorf's International Political and Legal Thought (The History and Theory of International Law)
Contemporary research on the genealogy of human rights and the foundations of international law has brought renewed interest to the study of natural law in the early-modern period. German-born Samuel Pufendorf (1632-1694) is one of the eminent thinkers of this tradition, shaping the period's natural jurisprudence. This unique collection of essays edited by historian of political thought Peter Schröder fills in a gap in Pufendorf scholarship, exploring the significance of his contributions to political and legal thought on a broad scale. While many books studying Pufendorf's work are confined to one specific academic area, Pufendorf's International Political and Legal Thought is truly interdisciplinary, and the first book to substantially address the international aspect of Pufendorf's work. Ambitious and accessible, this collection is indispensable for scholars and students of intellectual history, political thought, international legal history, the Enlightenment, and political economy. With its focus on international law, Pufendorf's International Political and Legal Thought is a critical addition to the existing body of work on this renowned philosopher and jurist.
Pufendorf's International Political and Legal Thought: The Additions in the History of Interpretation (The History and Theory of International Law)
by Jennie GrilloThe biblical book of Daniel was known to Jewish and Christian antiquity in its longer versions, preserved for us in the Greek textual tradition. Those Additions, as they came to be called (the tale of Susanna and the legends of Bel and the Dragon, the Prayer of Azariah and the Song of the Three Hebrews in the fiery furnace), have travelled on through languages and cultures and have generated long trails of interpretation, from commentary and religious iconography to fine art and domestic interiors. This book follows three particular trails in the reception of the longer Daniel-book, tracing the themes of martyrdom, afterlife worlds, and the act of seeing beauty. Recovering and documenting the voices of ancient, medieval, and modern interpreters, we meet an assembled cast of Jewish and Christian martyrs, liturgical subjects facing purgatory or paradise, and women resisting voyeuristic viewing. All this reception, though, is a route to reading the text of Greek Daniel itself: these later interpreters move this study towards exegetical conclusions about the Jewish roots of ancient martyrdom, the importance of the book of Daniel to the expansion of afterlife spaces within Second Temple Judaism, and a defense of the ethics of narration in the text of Susanna. Drawing on methods of material philology, Jennie Grillo argues for the central place of the Additions in the readerly history of the book of Daniel, and for this longer Daniel-book's abiding significance for theology.
Punishment for the Greater Good (Studies in Penal Theory and Philosophy)
by Adam J. KolberOver ten million people are incarcerated throughout the world, even though punishment theorists have struggled for centuries to morally justify the practice. Theorists usually address criminal justice under abstract, idealized conditions that assume away real-world uncertainty. We don't have time, however, to wait for a perfect moral theory, and the history of philosophy suggests we will never find it. Punishment for the Greater Good examines the justification of punishment in the here and now, recognizing that we lack certainty about matters of both fact and value. Retributivists believe offenders deserve punishment because of their wrongdoing. They treat deserved punishment as intrinsically valuable. Kolber argues that retributivism is too incomplete as a theory to address punishment at present, and the widely popular notion of proportional punishment at its core is both elusive and often undesirable. Rather than seeking retribution, we should reduce total societal suffering by deterring crime, incapacitating dangerous people, and hopefully rehabilitating them. Though this consequentialist approach has fallen out of favor in recent decades, Kolber argues that it is better suited to addressing punishment in the here and now than the approach commonly taken by retributivists. If consequentialism successfully justifies punishment, then contrary to some carceral abolitionists, at least some incarceration under some conditions is justified today. While we will rarely know how to punish for the greatest good, we can, when necessary, seek to punish for the greater good.
Putting Intellectual Property In Its Place: Rights Discourses, Creative Labor, And The Everyday
by Laura J. Murray S. Tina Piper Kirsty Robertson
Quantitative Methods in Comparative Law (Elgar Studies in Legal Research Methods)
by Pier G. Monateri Mauro BalestrieriThis invaluable and timely book provides a comprehensive “Conflict Prevention and Friction Analysis (CPFA) Model” for researching comparative law in our increasingly technology-led legal and economic order. It provides an in-depth examination of practical case studies, showcasing the real-world application of quantitative methods and theoretical approaches for analysing legal issues. Over the course of this insightful book, Pier Giuseppe Monateri and Mauro Balestrieri thoroughly investigate the theory that the intention of law is not just to resolve conflicts, but to prevent their occurrence. Chapters critically analyse the historical and contemporary issues in quantitative methods, examine the main themes and approaches involved in quantitative and comparative law discussions, and present original research to illustrate key ideas. Providing an interdisciplinary approach, the book draws on insights and methodologies from other fields beyond law, including economics, statistics and political science. This authoritative book is an essential resource for students and scholars of comparative law, empirical legal studies and research methods. It will also benefit law clerks, legal advisors and policymakers.
The Quest for Human Nature: What Philosophy and Science Have Learned
by Marco J. NathanOver the last fifty years, scholars in biology, psychology, anthropology, and cognate fields have substantially enriched traditional philosophical theories about who we are and where we come from. The assumption of a shared human nature lies at the core of some of the most pressing socio-political issues of our time. From race to sex and gender, from medical therapy to disability, from biotechnological enhancement to transhumanism, all these timely debates presuppose a robust notion of human nature. Nevertheless, the riddle of human nature remains frustratingly elusive. Why? Marco J. Nathan here provides an accessible, detailed, and up-to-date overview of cutting-edge empirical research on human nature, including evolutionary psychology, critiques of essentialism, innateness, and genetic determinism, addressing the question of why these fields have failed to provide a full-blown theory of human nature. Nathan's answer is that our nature is not the kind of notion that is susceptible to explanation. Human nature rather plays a crucial role as an epistemological indicator, a pivotal concept that sets out the agenda for much social, political, and normative discourse. Nevertheless, science cannot adequately grasp it without dissolving it in the process.
Questions of Accountability: Prerogatives, Power and Politics
This book explores accountability from a range of perspectives, crossing traditional disciplinary, thematic, and professional boundaries. It asks fresh questions about accountability and its place and importance in democratic societies. Accountability matters. It matters because it connects the governors with the governed, and for this reason it is a hallmark of democratic governance. And yet, amidst a backdrop of concerns about democratic back-sliding, the rise of populism, the role of algorithmic governance, moral barbarism, and post-truth politics - to mention just a few issues - a number of potentially far-reaching questions of accountability have been asked. It is for exactly this reason that this book explores the concept of accountability from a range of perspectives, crossing traditional disciplinary, thematic, and professional boundaries. It asks fresh questions about accountability and its place and importance in democratic societies.The book considers the questions raised by the shifting architecture of accountability. Whilst some scholars suggest that accountability processes have never been so effective -trumpeting the rise of monitory democracy with its dense array of watchdogs, sleaze-busters, auditors, legislative committees, statutory supports, and investigative mechanisms - others express concern about the risk of 'overloads', 'gaps', and 'traps'. This has led to a focus on fuzzy accountability and diagonal accountability, pointing to increasing conceptual confusion. Bringing together world-leading scholars and former politicians and public servants, the book cuts through this confusion and provides the reader with the answers to the most debated issues, including rarely discussed 'pathologies of accountability', post-human governance, and a novel focus on balance and proportionality.
Questions of Liability: Essays on the Law of Tort
by Donal NolanIn this collection, one of the key commentators on the modern law of tort presents 12 of his most important articles and book chapters. These are accompanied by an introductory chapter in which the author comments on the impact and reception of the pieces that make up the collection, and by a provocative new essay in which he argues against strict product liability in the law of tort. A coherent and compelling exploration of topical issues in core areas of tort law, the collection is divided into 3 parts, dealing with negligence; nuisance and Rylands v Fletcher; and tort in general. The essays in this collection are a significant contribution to debates about the limits and scope of tortious liability in common law systems. Students, scholars and practitioners alike will find it an invaluable resource for understanding tort law in the early 21st century.
Race and National Security (Just Security)
On both a national and global stage we are witnessing a reckoning on issues of racial justice. This historical moment that continues to unfold in the United States and elsewhere also creates an opening to spark and revitalize debate and policy changes on a range of crucial topics, including national security. By surfacing the depths to which White hegemonic power influences our institutions and cultural assumptions, we gain more accurate understanding of how race manifests in national security domestically, transnationally, and globally. In Race and National Security, leading experts challenge conventional interpretations of national security by illuminating the underpinning of White supremacy in our social consciousness. The volume centers the experience of those who have long been on the receiving end of racialized state violence. It finds that re-envisioning national security requires more than just reducing the size and scope of the security state. Contributors offer visions for reforming and transforming national security, including adopting an abolitionist framework. Race and National Security invites us to radically reimagine a world where the security state does not keep Black, Brown, and other marginalized peoples subordinated through threats of and actual incarceration, violence, torture, and death. Race and National Security is a groundbreaking volume which serves as a catalyst for remembering, exposing, and reconceiving the role of race in national security. The Just Security book series from OUP tackles contemporary problems in international law and security that are of interest to a global community of scholars, policymakers, practitioners, and students. With each volume taking a particular thematic focus and gathering leading experts, the series as a whole aims to rigorously and critically reflect on developments in these areas of law, policy, and practice. Each volume will be accompanied by a series of shorter digital pieces in Just Security's online forum at www.justsecurity.org, which tie the discussion to breaking news and headlines.
The Racket: A Rogue Reporter vs The American Empire
by Matt KennardWhile working for the Financial Times, investigative journalist Matt Kennard had unbridled access to the crème de la crème of the global elite. From slanging matches with Henry Kissinger to afternoon coffees with the man who captured Che Guevara, Kennard spent four years gathering extraordinarily honest testimony from the horse's mouth on how the global economic system works away from the convenient myths. It left him with only one conclusion: the world as we know it is run by an exclusive class of American racketeers who operate with virtually unlimited weapons and money, and a reach much too close to home. Owing to the very nature of the Financial Times, however, Kennard was not able to publish these findings as part of his day job. Enter The Racket, now in a fully updated second edition. This tell-all book, reported from all corners of the world, will transform everything you thought you knew about how the world works-and in whose interests. Kennard reports not only from across the United States, but from the United Kingdom, the Caribbean, Latin America, Africa, and the Middle East. In doing so he provides startlingly clear and concrete evidence of unchecked, high-level, interrelated systems of exploitation all over the world. At the same time, through encounters with high-profile opponents of the racket such as Thom Yorke, Damon Albarn, and Gael García Bernal, Kennard offers a glimpse of a developing resistance, which needs to win. Now more relevant than ever, this 2nd edition contains a new preface by the author and a new foreword by Pulitzer Prize-winning journalist Chris Hedges.
Re-examining Insolvency Law and Theory: Perspectives for the 21st Century
An original book offering a unique theoretical approach, Re-examining Insolvency Law and Theory analyses the important role that legal theory plays in the development of insolvency law. It explores how law and theory are able to respond to issues of financial distress in the 21st century and questions how insolvency law could develop to address contemporary challenges.Re-examining Insolvency Law and Theory brings together international experts in insolvency, who consider the key conceptual influences that have impacted insolvency law since the beginning of the 21st century. Chapters address a number of theoretical perspectives, divided into overall philosophical considerations, theoretical criticisms of the internal mechanisms of insolvency law, and how external theoretical paradigms could be used to shift perspectives on insolvency frameworks. Presenting a distinctive and conceptually holistic approach, this erudite book provides an essential contribution to an ever evolving area of legal research and practice.Re-examining Insolvency Law and Theory is a crucial read for academics and students interested in insolvency law both in the UK and internationally. It will also be highly insightful for legal professionals and practitioners specialising in insolvency law.