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Revisiting Judicial Politics in the European Union
Addressing the tensions between the political and the legal dimension of European integration as well as intra-institutional dynamics, this insightful book navigates the complex topic of judicial politics. Providing an overview of key topics in the current debate and including an introductory chapter on different conceptions of judicial politics, experts in law and politics interrogate the broader political role of the European Court of Justice.Revisiting Judicial Politics in the European Union explores the variety of interactions between legal and political actors across sensitive policy fields, as well as different ways in which legal institutions engage with political or moral norms. Chapters discuss institutional balance in the EU, the role of judges and experts in judicial politics, the place of fundamental rights in matters of jurisdiction, and the relationship between ordinary national courts and the European Court of Justice.This timely book provides a unique understanding of the enduring impact of judicial politics in the EU. It will be essential reading for academics studying constitutional and administrative law, European law, and politics, as well as for EU law practitioners and experts working within the EU institutions.
The Right to a Healthy Environment in and Beyond the Anthropocene: A European Perspective
In light of the UN General Assembly’s recognition of the human right to a clean, healthy, and sustainable environment, this erudite book presents in-depth analyses of the concrete operationalization of this right at the regional, national, and international level.The book delves into the question of how to operationalize a global recognition of the right to a healthy environment in and beyond the Anthropocene, an era characterized by significant heatwaves, droughts, pollution and biodiversity loss. Focusing on the interplay between EU environmental law, the European Convention on Human Rights, and the right to a healthy environment, it presents practical case studies to take stock of contemporary lessons and experiences regarding the application of this right in a European context. Chapters explore both the theoretical foundations and novel paradigms of environmental law, including rights of nature, animal welfare, climate change litigation, and civil disobedience, offering a unique insight into the future directions of the right to a healthy environment in the 21st century.Scholars and practitioners of environmental law will find this book to be an invaluable resource. Its astute analysis of recent court cases and litigation strategies will appeal to human rights advocates, NGOs, and political organizations invested in enhancing sustainable environmental governance from a human rights perspective.
The Right to be Oneself (The Future of Private Law)
by Guido AlpaWhat does the right to be oneself entail? And how is it manifest in our understanding of the law? The leading commentator on this subject explores these questions, taking an ambitious and multi-faceted approach. To answer them, he draws on private law, jurisprudence, constitutional law, as well as history, art and literature. This treatise, translated from the Italian original and expanded to give a more international perspective, is the seminal work on the development of identity-protection through law.
The Rights of Indians and Tribes
by Stephen L. PevarThe Rights of Indians and Tribes explains Federal Indian Law in a conversational manner, yet is highly authoritative, containing over 2000 footnotes with citations to relevant court decisions, statutes, and agency regulations. Since its initial publication in 1983 it has sold over 150,000 copies. It is user-friendly and particularly helpful for tribal advocates, students, government officials, lawyers, and members of the general public. The book uses a question-and-answer format and covers every important subject impacting Indians and tribes today and discusses which governments-tribal, state, and federal-have authority on Indian reservations. This fully-updated fifth edition provides a Foreword by John Echohawk, Director of the Native American Rights Fund, and covers the most significant legal issues facing Indians and Indian tribes. This includes the regulation of non-Indians on reservations, definitions of important legal terms, Indian treaties, the Indian Civil Rights Act, the Indian Gaming Regulatory Act, and the Indian Child Welfare Act.
Rights of Man
by Thomas PaineThe Founding Father’s most influential work: an impassioned defense of democracy and revolution in the name of human rights.Whatever is my right as a man is also the right of another; and it becomes my duty to guarantee as well as to possess. In Rights of Man, Founding Father of the United States Thomas Paine makes a compelling case in favor of the French Revolution. Written in response to Edmund Burke’s highly critical Reflections on the Revolution in France, its forceful rebuke of aristocratic rule and persuasive endorsement of self-government made it one of the most influential political statements in history. Paine asserts that human rights are not granted by the government but inherent to man’s nature. He goes on to argue that the purpose of government is to protect these natural rights, and if a government fails to do so, its people are duty-bound to revolution. Originally published in two parts, in 1791 and 1792, Rights of Man was a popular sensation in the United States, while in England, its incendiary views were seen as a threat to the Crown. For its erudite prose and rigorous argumentation, it remains a classic text of political thought. This ebook has been professionally proofread to ensure accuracy and readability on all devices.
Roe v. Dobbs: The Past, Present, and Future of a Constitutional Right to Abortion
With this volume, Roe v. Dobbs: The Past, Present and Future of a Constitutional Right of Abortion, we confront the remarkable beginning and end--once again, after a half-century-of the landmark Supreme Court decision in Roe v. Wade, shockingly overruled by the Court in Dobbs v. Jackson Women's Health Organization. The goal of this book is to bring together some of our nation's leading constitutional scholars, historians, philosophers, and medical experts to share their views on whether there should be a constitutional right to abortion and what the consequences of Dobbs might be. What makes this subject unique is how it intersects with our own lives, since both Bollinger and Stone were law clerks at the Supreme Court in the year that Roe was decided (1973)--Stone for Justice William Brennan and Bollinger for Chief Justice Warren Burger. During the Court's 1972 Term, when Roe was decided, the Court was in a state of flux. President Nixon had just appointed four Justices to the Court--Burger, Blackmun, Powell, and Rehnquist. The era of the Warren Court was clearly over. In those days, the Justices were non-partisan, often joined opinions across the political/ideological spectrum, and approached cases with an open mind. That in large part explains why the Court could reach the decision it did in Roe, with five of the six Republican-appointed Justices and two of the three Democratic-appointed Justices in the majority, and one Republican-appointed justice (Rehnquist) and one Democratic-appointed justice (White) in dissent. It was a different Court and a different era.
The Roles of International Law in Development
The Roles of International Law in Development provides an in-depth analysis of the relationship between public international law and development. Unlike the existing body of literature on public international law, this book investigates how international law and development interact, and evaluates the significant and multifaceted roles that international law plays in development. Bringing together a collection of perspectives from contributors working across multiple fields, the chapters explore the relevance and applicability of international law to particular sectors and issues implicated in development activities. This includes chapters on human rights, gender equality, race and discrimination, environmental law and climate change, forced displacement and migration, and international trade and investment. They analyse how international law rules and processes can influence procedural and substantive aspects of development policies as these regulate various forms of financial support, trade, technical assistance, and policy dialogue. They also explore whether, and how, development could be more effective and yield more equitable and sustainable outcomes if the relevant and applicable rules of international law were better understood, consistently incorporated, and appropriately applied to development activities. A foundational premise of this book is that development policy and practice should be grounded more systematically in international law, rejecting the notion that development law and policy comprise a 'self-contained' regime or that development is undertaken in a legal vacuum. The proposed systematic grounding in public international law would in turn help uphold international legal accountability in the context of development activities.
The Roma and the Holocaust: The Romani Genocide under Nazism (Perspectives on the Holocaust)
by Professor María SierraHalf a million European Roma were exterminated by the Nazi regime; many more were subjected to a policy of racial discrimination similar to that suffered by the Jewish people. However, the persecution and torment of Roma in Hitler's Europe has little presence in the history books. The Roma and the Holocaust places the Roma genocide in the context of the widespread violence of the Second World War, while offering an explanation that places it within a broader trajectory of anti-Roma persecution in modern societies.The book explores the separation and destruction of families, the sterilisation of adults and children, the plunder of property and deprivation of livelihoods, slave labour, medical experiments, the horror of extermination camps and the mass murder that the Romani people were subjected to. María Sierra uses the first section of the book to provide a much-needed critical overview and synthesis of the fragmented research and scholarship in the area that has been conducted in various languages. In the second section, Sierra shines a light the autobiographical accounts of several Roma survivors of the Nazi genocide in order for the voices of the victims who have claimed recognition and rights for the Roma people to be heard. This journey through the memories of Philomena Franz, Ceija Stojka, Lily Van Angeren, Otto Rosenberg, Walter Winter and Ewald Hanstein, in addition to other testimonies, is contextualized within the framework of other Holocaust survivors' memoirs and has been approached from a history of emotions perspective.With the Romani people having been denied recognition as victims of Nazism after the end of the war, this book crucially helps to bring about agency for the survivors, supporting their struggle for the right to memory in the process.
Rough Waters: American Involvement with the Mediterranean in the Eighteenth and Nineteenth Centuries (Research in Maritime History #44)
by Silvia Marzagalli James Sofka John McCuskerThis study analyses the presence of American ships, merchants, and interests in the Mediterranean region in the first decades following the independence of the United States, and seeks to understand whether or not the English, Dutch, Scandinavians, and Americans invaded the region and its shipping industry in the eighteenth and nineteenth centuries. It considers the following topics: the benefit of American neutrality during the French Revolutionary wars which enabled the growth of their shipping activities; the organisation of protection for American ships post-independence, particularly from Barbary privateers; the diplomatic efforts of John Adams and Thomas Jefferson and the relationships of convenience fostered by American powers when requesting European assistance; the development of American consular services to assist merchants and captains; the avoidance of incidents through peace and commercial treaties through to ship seizures and crew enslavement; and the impact of the Tripolitanian War (or Barbary War) on American-Mediterranean shipping. The works in this volume attempt to determine whether or not these actions can be considered an ‘invasion’. They explore the mutually beneficial aspects of American-Mediterranean trade whilst also considering the strength of the Mediterranean trade (particularly Greek) prior to American interference. It concludes by confirming the dual objectives of the American presence - to ensure open markets for their goods, and to enhance their political and military power against British, French, and North African regencies.
Rural Tenancies in England and Wales (Land and Estate Management)
by Charles CowapA short but comprehensive introduction to the types of tenancy which may be encountered in the countryside of England and Wales. The content deals with agricultural, residential and business tenancies, and the nature of rent. It is written for aspiring land agents, land managers and agricultural solicitors. Not only for students in universities and colleges, it will also be a valuable primer for those working with farmers whose need for knowledge may not extend to some of the more specialized sources, for example agricultural accountants, farm business and agronomy consultants. Farm managers should also find the information useful in ensuring they get the best support from their land agents and other advisors.Residential tenancies are also covered, which almost match agricultural tenancies in their complexity, and the wholly different regime which applies to business tenancies. An understanding in these areas is also vital to anybody promoting new policies and schemes in the countryside, which all too often can easily overlook the importance of the landlord-tenant reationship in agriculture
Rwanda Since 1994: Stories of Change (Francophone Postcolonial Studies #10)
Over the past 25 years, Rwanda has undergone remarkable shifts and transitions: culturally, economically, and educationally the country has gone from strength to strength. While much scholarship has understandably been retrospective, seeking to understand, document and commemorate the Genocide against the Tutsi, this volume gathers diverse perspectives on the changing social and cultural fabric of Rwanda since 1994. Rwanda Since 1994 considers the context of these changes, particularly in relation to the ongoing importance of remembering and in wider developments in the Great Lakes and East Africa regions. Equally it explores what stories of change are emerging from Rwanda: creative writing and testimonies, as well as national, regional, and international political narratives. The contributors interrogate which frameworks and narratives might be most useful for understanding different kinds of change, what new directions are emerging, and how Rwanda’s trajectory is shaped by other global factors.The international set of contributors includes creative writers, practitioners, activists, and scholars from African studies, history, anthropology, education, international relations, modern languages, law and politics. As well as delving into the shifting dynamics of religion and gender in Rwanda today, the book brings to light the experiences of lesser-discussed groups of people such as the Twa and the children of perpetrators.
Safeguarding Intangible Cultural Heritage: A Practical Interpretation of the 2003 UNESCO Convention (Elgar International Law and Practice series)
by Janet BlakeThis book presents a detailed analysis of the different approaches and measures for implementing the requirements of UNESCO’s 2003 Convention on Safeguarding Intangible Cultural Heritage (the Convention) and a practical interpretation of that treaty, based on the experience of States’ Parties and other primary actors. The book considers the interests of multiple stakeholders and takes account of how the Convention interacts with other international law regimes pertaining to both human rights and sustainable development.Key Features:Provides clear and concise information of the definition, scope and significance of intangible cultural heritageUtilises a wide-range of case studies to illustrate the application of the Convention on the ground.Considers the position of multiple stakeholders including national heritage organisations and non-state actorsOutlines practical strategies and solutions for protecting and promoting cultural heritage and looks ahead to potential future developments in this field.Easy to follow structure, mapping out the treaty’s provisions thematically and highlighting their practical applicationProviding accessible and focused analysis, this book will be essential reading for lawyers and practitioners involved in the protection of intangible cultural heritage from both governmental and non-governmental institutions. The book will also be a valuable resource to academics and researchers working across various disciplines including law, heritage, and anthropology.
Sceptical Perspectives on the Changing Constitution of the United Kingdom
This book examines the far-reaching changes made to the constitution in the United Kingdom in recent decades. It considers the way these reforms have fragmented power, once held centrally through the Crown-in-Parliament, by means of devolution, referendums, and judicial reform. It examines the reshaping of the balance of power between the executive, legislature, and the way that prerogative powers have been curtailed by statute and judicial ruling. It focuses on the Human Rights Act and the creation of the UK Supreme Court, which emboldened the judiciary to limit executive action and even to challenge Parliament, and argues that many of these symbolised an attempt to shift the 'political' constitution to a 'legal' one.Many virtues have been ascribed to these reforms. To the extent that criticism exists, it is often to argue that these reforms do not go far enough. An elected upper chamber, regional English parliaments, further electoral reform, and a codified constitution are common tonics prescribed by commentators from this point of view. This volume adopts a different approach. It provides a critical evaluation of these far-reaching reforms, drawing from the expertise of highly respected academics and experienced political figures from both the left and right. The book is an invaluable source of academic expertise and practical insights for the interested public, students, policymakers, and journalists, who too often are only exposed to the 'further reform' position.
The Scope and Limits of Partiality
by Diane JeskeThe Scope and Limits of Partiality takes as its starting point the fact that we demonstrate partiality toward those to whom we stand in intimate relationships, a fact which presents both theoretical and practical challenges. At the theoretical level, Diane Jeske argues that we have fundamental reasons to care for our intimates, but that that fact alone does not justify our practices of partiality. This is because we also have fundamental reasons to care for persons in need, be they intimates or strangers. At the normative level, she argues that our intimate relationships, be they to other persons or to non-human animals, add great value to our lives, and that public policy ought to acknowledge the great diversity of intimate relationships rather than emphasizing romance and marriage in the way that it does. In the theoretical half of the book, Jeske defends the 'relationships view' of reasons of intimacy against its primary competitors. First, Jeske argues that consequentialist attempts to accommodate partiality fail to address the fundamental issues regarding our reasons to care for intimates. Second, she argues that the main non-consequentialist alternatives to the relationships view - the 'projects view' and the 'individuals view' - fail to present compelling cases against the relationships view. In the normative half of the book, Jeske offers a detailed picture of the intimate relationship of friendship, arguing against views that over intellectualize or romanticize friendship by drawing upon her own lived experience of friendship. She then considers our relationships to our companion dogs and cats, showing that these relationships are unique sites for intimacy, and, thus, for value. Finally, she turns to consider how intimacy is treated in the public sphere, focusing on the special cultural and legal attention given to marriage, and to how we ought to approach our intimate relationships and our reasons to care for our intimates in a highly imperfect world where so many people are deprived of the basic necessities of life. The Scope and Limits of Partiality presents a comprehensive account of intimacy and partiality in both theory and reality.
The Scope and Structure of Unjust Enrichment (Hart Studies in Private Law)
by Professor Duncan SheehanThis ambitious book grapples with the complex debates ongoing on the structure of unjust enrichment, proving to be a major contribution to the field. Responding to the subject's critics, it presents a clearly articulated structure for this branch of private law, arguing that while unjust enrichment has the function of reversing defective enrichments (whether by performance or in another way) there is scope for normative pluralism in how the law achieves this. Drawing heavily on comparative material from Germany, Scotland and South Africa the book then argues for a legal framework which combines elements of the absence of basis and unjust factors approaches. It assesses how that structure can be mapped against the causes of action that make up unjust enrichment, arguing that some are performance claims - reversing a deliberate, intentional performance - and some are non-performance claims. Other claims, often included in books on unjust enrichment, such as “necessity” should be excluded from the subject area. The book concludes with a treatment of defences.
Seal Fisheries of the Falkland Islands and Dependencies: An Historical Review (Research in Maritime History #34)
by Anthony DickinsonThis study offers a chronological history of seal fishing in the Falkland Islands and Dependencies from the eighteenth century to the early twenty-first. It concerns the fluctuating seal population due to sealing; the Atlantic and global demand for seal fur and oil; the competition between American, British, and Canadian sealers over the territory’s seal stocks; and the attempts by various ruling governments to prioritise domestic sealing, maintain sufficient seal stocks, and continue to make profit. It is comprised of nine chapters, the first and last chapters of which serve as introduction and conclusion. The study also includes eight appendices presenting tabled statistics, and a select bibliography. The appendices concern seal skin imports into London; vessel details at Puerto Soledad; the value and amount of seal products exported from the Falklands; Canadian sealing vessels entering Port Stanley; seal catch and oil yield in South Georgia; South Georgian seal catch summaries; South Georgian commercial catches by sealing division; and marine mammal products landed in the Newfoundland fisheries region.
A Select Bibliography of British and Irish University Theses about Maritime History, 1792-1990 (Research in Maritime History #1)
by David Williams Andrew WhiteThis book provides a bibliography of a wide scope of British and Irish post-graduate theses of maritime economic and social history. Its intent is to make these informative, under-utilised texts more accessible for scholars, in response to the deep expansion of subject as a historical discipline. It aims to keep these texts, often unpublished, from lapsing into obscurity. The author takes a broad approach to the subject area, including strands more particular to science than the humanities, and history as recent as the year of publication, intending the resource to be as comprehensive as possible, and of maximum use to present and future scholars. The material is primarily gathered and cross-referenced from Roger R. Bilboul’s Restrospective Index to Theses of Great Britain and Ireland 1716-1950, the ASLIB Index, and the Institute of Historical Research of the University of London. Each entry comprises Surname, Thesis Title (truncated for length where necessary), Degree Awarded, Awarding Institution, and Date. The database comprises 2500 entries, subdivided into twenty-five sections concerning:- the shipping business and all commercial/mercantile aspects of operation; exploration, cartography, and navigation; shipping and shipbuilding technologies; docks and harbours; maritime labour; maritime medical issues; naval history, piracy, privateering; international relations; maritime law; pollution and the maritime environment; fishing; sea-port communities; culture, literature, and art; maritime economics; marine architecture; coastal planning; tourism; and off-shore oil. The sections are further subdivided by location, and a geographical index is included for ease of reference. The author assures that the majority of theses are readily accessible.
Semiotics with a Conscience: Decoding Dangerous Discourses (Bloomsbury Advances in Semiotics)
by Professor Marcel DanesiDemonstrating how semiotic theory and method can be applied to decoding false representations and dangerous discourses, this book explores how semiotics can be used as a potentially powerful science of conscience. Confronting the sometimes negative perception of semiotics as academically inward-looking and lacking in morality, Marcel Danesi turns this view on its head. Instead, Danesi highlights how the same techniques that have allowed the use of semiotics for self-serving commercial purposes, such as advertising or marketing, could also be applied to deciphering current world problems. Through describing the semiotic notions and methods that can be used to analyze misrepresentations, propaganda, or meaning collapses, the book enables readers to become conscientiously aware of their hidden meanings and the harmful effects that they have on society. Identifying key issues of concern, such as climate change and anti-science discourses, it shows how they can be interpreted in terms of basic semiotic theory. This analysis of crucial issues demonstrates how semiotics can be used to raise awareness of critically important matters in modern society, and to encourage the development of more robust and ethical attitudes towards them.
Shaping Contracts for Work: The Normative Influence of Terms Implied by Law (Oxford Labour Law)
by Gabrielle GoldingShaping Contracts for Work provides an in-depth examination of the common law's role in shaping employment contracts through the mechanism of implied terms. It constructs a theory which views the nature of the employment contract as distinct from other types of work contract. Terms implied by law into employment contracts, as well as their potential to operate in other non-standard contracts for the performance of work, are critically examined by reference to the test that courts adopt when they are asked to imply such terms. In part one, Golding provides an overarching survey of the law which governs express and implied terms in contracts. In doing so, she considers the broader judicial role in implying terms and assesses how it can fundamentally alter the nature of the relationship between contracting parties. Part two draws comparisons between England and Australia, tracing the origins and status of select terms across both jurisdictions, and exploring how the application of these terms is often presumed. Golding also examines the duties of mutual trust, confidence, and good faith in both jurisdictions, investigating their potential application in employment contracts. In part three, Golding demonstrates why courts need to better articulate their understanding of what constitutes an 'employment contract' as a distinctive class of contract. By focussing on the impact of terms implied by law, this work adds a unique dimension to the debate concerning the regulation of waged work in the context of ever-increasing non-standard modes of work.
Shaping the Law of Obligations: Essays in Honour of Professor Ewan McKendrick KC
by Edwin Peel Rebecca ProbertEwan McKendrick has been an instrumental figure in shaping the law of obligations, both as a practitioner and as a professor at the University of Oxford and University College London. On the occasion of his retirement from the Oxford Law Faculty, this volume presents a collection of essays in his honour. The contributions pay tribute to and reflect the breadth of Ewan McKendrick's scholarship and published work. Many are comparative in nature, reflecting a key element of his work. The volume is divided into four parts: contract, tort, unjust enrichment, and commercial law, with each of the 23 essays discussing a particular complex question or idea in its area. Topics include duress, good faith, frustration, the illegality defence, contractual interpretation, the basis for different forms of damages, the role of contracts in family life, corporate liability, the Marex tort, receivables financing, the regulation of international commercial contracts, the sale of goods, the development of transnational commercial law, mistakes of law, and implied terms. All 25 of the contributors have either been taught by, or worked closely with Ewan McKendrick (or, in some cases, both); and are all leading academics and/or practitioners, including two current members of the United Kingdom Supreme Court and a Justice of the High Court of Australia.
The Singapore International Arbitration Act: A Commentary
by Nelson Goh Jonathan Lim Paul TanOver the past couple of decades Singapore has successfully established itself as one of the major centres for international dispute resolution. The Singapore International Arbitration Act (SIAA), originally enacted in 1994 to give effect to the Model Law on International Commercial Arbitration, has been revised and amended four times over its lifetime, further strengthening Singapore's position as a hub for international arbitration. Following the latest amendments in 2020, this book presents the first in-depth, section-by-section commentary of the SIAA, written by Singapore-qualified arbitration practitioners and with a strong coverage of the significant corpus of Singapore arbitration jurisprudence that has been developed by the Singapore Courts over the last decade or so. It provides up-to-date analysis of each section of the Act and relevant provisions of the UNCITRAL Model Law. While Singapore case law and the approach taken by the Singapore Courts is the main focus, the authors also adopt a comparative and international lens on critical issues where the law remains in a state of progressive development. This commentary will be an indispensable resource for practitioners, students, and academics on the law and practice of arbitration in Singapore and other Model Law jurisdictions.
Singing the Law: Oral Jurisprudence and the Crisis of Colonial Modernity in East African Literature (Postcolonialism Across the Disciplines #24)
by Peter LemanSinging the Law is about the legal lives and afterlives of oral cultures in East Africa, particularly as they appear within the pages of written literatures during the colonial and postcolonial periods. In examining these cultures, this book begins with an analysis of the cultural narratives of time and modernity that formed the foundations of British colonial law. Recognizing the contradictory nature of these narratives (i.e., both promoting and retreating from the Euro-centric ideal of temporal progress) enables us to make sense of the many representations of and experiments with non-linear, open-ended, and otherwise experimental temporalities that we find in works of East African literature that take colonial law as a subject or point of critique. Many of these works, furthermore, consciously appropriate orature as an expressive form with legal authority. This affords them the capacity to challenge the narrative foundations of colonial law and its postcolonial residues and offer alternative models of temporality and modernity that give rise, in turn, to alternative forms of legality. East Africa’s “oral jurisprudence” ultimately has implications not only for our understanding of law and literature in colonial and postcolonial contexts, but more broadly for our understanding of how the global south has shaped modern law as we know and experience it today.