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Blackstone's Guide to the Consumer Rights Act 2015 (Blackstone's Guides)
by Denis Barry Edward Jenkins QC Charlene Sumnall Ben Douglas-Jones Daniel LloydThe Consumer Rights Act is a vital and far-reaching piece of legislation containing provisions specific to contract and consumer law, criminal law, and competition law. It sets out a much-needed framework to consolidate the key consumer rights surrounding contracts for goods, services, and digital content, as well as the law relating to unfair terms in consumer contracts. The Act introduces easier routes for consumers and SMEs to challenge anti-competitive behaviour through the Competition Appeal Tribunal, as well as confirming enforcers' powers to investigate potential breaches of consumer law. Ultimately, the Act gives civil courts and public enforcers greater flexibility to take the most appropriate action for consumers when dealing with breaches of consumer law. This Blackstone's Guide, written by a team of leading experts in the field, provides clear and concise coverage of the Consumer Rights Act's history, scope, and application. It is the complete resource for anyone looking for an introduction to this wide-ranging Act. The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published soon after enactment, they offer expert commentary by leading names on the scope, extent and effects of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.
Blackstone's Guide to the Consumer Rights Act 2015 (Blackstone's Guides)
by Denis Barry Edward Jenkins QC Charlene Sumnall Ben Douglas-Jones Daniel LloydThe Consumer Rights Act is a vital and far-reaching piece of legislation containing provisions specific to contract and consumer law, criminal law, and competition law. It sets out a much-needed framework to consolidate the key consumer rights surrounding contracts for goods, services, and digital content, as well as the law relating to unfair terms in consumer contracts. The Act introduces easier routes for consumers and SMEs to challenge anti-competitive behaviour through the Competition Appeal Tribunal, as well as confirming enforcers' powers to investigate potential breaches of consumer law. Ultimately, the Act gives civil courts and public enforcers greater flexibility to take the most appropriate action for consumers when dealing with breaches of consumer law. This Blackstone's Guide, written by a team of leading experts in the field, provides clear and concise coverage of the Consumer Rights Act's history, scope, and application. It is the complete resource for anyone looking for an introduction to this wide-ranging Act. The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published soon after enactment, they offer expert commentary by leading names on the scope, extent and effects of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.
Criminal Justice and Taxation (Oxford Monographs on Criminal Law and Justice)
by Peter AlldridgeThe fallout from the financial crisis of 2007-8, HSBC Suisse in 2015, and the Panama Papers in 2016 has generated calls for far more vigorous and punitive responses to tax evasion and greater international co-operation against mechanisms for giving anonymity to the ownership of property. One mechanism to ensure compliance is the use of the criminal justice system. The announcement in 2013 by the then Director of Public Prosecutions, Keir Starmer, of a policy of increasing rates of prosecution for tax evasion raised squarely the issue of whether increased involvement of criminal law and criminal justice in tax evasion would be justifiable or not. The relationship between tax evasion and the proceeds of crime is taking on increasing importance: treating the 'proceeds of criminal tax evasion' as falling within the 'proceeds of crime' regime inevitably expands the scope of both. In this book, Peter Alldridge considers the development of the offences and the relationship between tax evasion offences and other criminal offences; the relevant rules of evidence; prosecution structures, decision-making processes, and alternatives to prosecution. Specific topics include offshore evasion and the relationship of tax evasion with other crimes and aspects of the criminal justice system. A topical and lively discussion of a heated debate.
CRIMINAL JUSTICE & TAXATION OMCLJ C (Oxford Monographs on Criminal Law and Justice)
by Peter AlldridgeThe fallout from the financial crisis of 2007-8, HSBC Suisse in 2015, and the Panama Papers in 2016 has generated calls for far more vigorous and punitive responses to tax evasion and greater international co-operation against mechanisms for giving anonymity to the ownership of property. One mechanism to ensure compliance is the use of the criminal justice system. The announcement in 2013 by the then Director of Public Prosecutions, Keir Starmer, of a policy of increasing rates of prosecution for tax evasion raised squarely the issue of whether increased involvement of criminal law and criminal justice in tax evasion would be justifiable or not. The relationship between tax evasion and the proceeds of crime is taking on increasing importance: treating the 'proceeds of criminal tax evasion' as falling within the 'proceeds of crime' regime inevitably expands the scope of both. In this book, Peter Alldridge considers the development of the offences and the relationship between tax evasion offences and other criminal offences; the relevant rules of evidence; prosecution structures, decision-making processes, and alternatives to prosecution. Specific topics include offshore evasion and the relationship of tax evasion with other crimes and aspects of the criminal justice system. A topical and lively discussion of a heated debate.
Common Law and Modern Society: Keeping Pace with Change
by Mary ArdenLaw is a lasting social institution, but it must also be open to change. How is law made, and what prompts change? How can society influence the law, and how does the law respond to societal change? The first volume of Shaping Tomorrow's Law examined human rights and European law. In this second volume Mary Arden turns her attention to domestic law, providing a judge's viewpoint on the roles of society, government, and the judiciary in the transformation and reform of the law. The first section of Common Law and Modern Society explains what we mean by judge-made law and shows how the law responds to the needs of a changing society. Adaptation may be in response to shifting values, or in response to constitutional change. This is demonstrated in chapters on assisted reproduction and assisted dying, both modern concerns, and a far older example, that of the law on water, which has been evolving over the centuries in response to society's changing demands. The law also needs to reflect constitutional change, as in the case of Welsh devolution. The second section of the book looks at the necessary simplification of the law and systematic legal reform. These tasks lie at the heart of the work of the Law Commission, which celebrated its 50th anniversary in 2015. Drawing on her own experience as former Chairman of the Law Commission, Mary Arden argues that statute law can be made simpler by codification, and that the success of codification may vary depending on the field of law. The final section looks ahead to tomorrow's judiciary. The accountability of judges is a continuing area of discussion, and this includes ensuring that the reasoning behind their decisions is understood by the relevant people. Mary Arden goes on to argue that the vision for the judiciary today and tomorrow should be one of greater diversity in the widest sense. This will help to ensure not only greater fairness and wider opportunity but also better decision-making. The book concludes with advice and encouragement for future legal professionals.
Common Law and Modern Society: Keeping Pace with Change
by Mary ArdenLaw is a lasting social institution, but it must also be open to change. How is law made, and what prompts change? How can society influence the law, and how does the law respond to societal change? The first volume of Shaping Tomorrow's Law examined human rights and European law. In this second volume Mary Arden turns her attention to domestic law, providing a judge's viewpoint on the roles of society, government, and the judiciary in the transformation and reform of the law. The first section of Common Law and Modern Society explains what we mean by judge-made law and shows how the law responds to the needs of a changing society. Adaptation may be in response to shifting values, or in response to constitutional change. This is demonstrated in chapters on assisted reproduction and assisted dying, both modern concerns, and a far older example, that of the law on water, which has been evolving over the centuries in response to society's changing demands. The law also needs to reflect constitutional change, as in the case of Welsh devolution. The second section of the book looks at the necessary simplification of the law and systematic legal reform. These tasks lie at the heart of the work of the Law Commission, which celebrated its 50th anniversary in 2015. Drawing on her own experience as former Chairman of the Law Commission, Mary Arden argues that statute law can be made simpler by codification, and that the success of codification may vary depending on the field of law. The final section looks ahead to tomorrow's judiciary. The accountability of judges is a continuing area of discussion, and this includes ensuring that the reasoning behind their decisions is understood by the relevant people. Mary Arden goes on to argue that the vision for the judiciary today and tomorrow should be one of greater diversity in the widest sense. This will help to ensure not only greater fairness and wider opportunity but also better decision-making. The book concludes with advice and encouragement for future legal professionals.
Post Sovereign Constitution Making: Learning and Legitimacy (Oxford Constitutional Theory)
by Andrew AratoConstitutional politics has become a major terrain of contemporary struggles. Contestation around designing, replacing, revising, and dramatically re-interpreting constitutions is proliferating worldwide. Starting with Southern Europe in post-Franco Spain, then in the ex-Communist countries in Central Europe, post-apartheid South Africa, and now in the Arab world, constitution making has become a project not only of radical political movements, but of liberals and conservatives as well. Wherever new states or new regimes will emerge in the future, whether through negotiations, revolutionary process, federation, secession, or partition, the making of new constitutions will be a key item on the political agenda. Combining historical comparison, constitutional theory, and political analysis, this volume links together theory and comparative analysis in order to orient actors engaged in constitution making processes all over the world. The book examines two core phenomena: the development of a new, democratic paradigm of constitution making, and the resulting change in the normative discussions of constitutions, their creation, and the source of their legitimacy. After setting out a theoretical framework for understanding these developments, Andrew Arato examines recent constitutional politics in South Africa, Hungary, Turkey, and Latin America and discusses the political stakes in constitution-making. The book concludes by offering a systematic critique of the alternative to the new paradigm, populism and populist constituent politics.
Post Sovereign Constitution Making: Learning and Legitimacy (Oxford Constitutional Theory)
by Andrew AratoConstitutional politics has become a major terrain of contemporary struggles. Contestation around designing, replacing, revising, and dramatically re-interpreting constitutions is proliferating worldwide. Starting with Southern Europe in post-Franco Spain, then in the ex-Communist countries in Central Europe, post-apartheid South Africa, and now in the Arab world, constitution making has become a project not only of radical political movements, but of liberals and conservatives as well. Wherever new states or new regimes will emerge in the future, whether through negotiations, revolutionary process, federation, secession, or partition, the making of new constitutions will be a key item on the political agenda. Combining historical comparison, constitutional theory, and political analysis, this volume links together theory and comparative analysis in order to orient actors engaged in constitution making processes all over the world. The book examines two core phenomena: the development of a new, democratic paradigm of constitution making, and the resulting change in the normative discussions of constitutions, their creation, and the source of their legitimacy. After setting out a theoretical framework for understanding these developments, Andrew Arato examines recent constitutional politics in South Africa, Hungary, Turkey, and Latin America and discusses the political stakes in constitution-making. The book concludes by offering a systematic critique of the alternative to the new paradigm, populism and populist constituent politics.
Constitutional Conflicts in Contemporary Malaysia
by HP LeeIn this book, HP Lee explores how the separation of powers doctrine in Malaysia has been adversely affected by a number of major constitutional conflicts among the various important organs of government. The author first analyses the struggle by parliament for supremacy over the Malay Rulers or Sultans by expunging the need for the royal assent to the enactment of legislation and removing royal immunities. Lee then turns to the contemporary role of the Malay Rulers and the reasons for the perceived rejuvenation of these Malay Rulers. The book goes on to examine the series of controversies and scandals which have plagued the judiciary since the tumultuous judiciary crisis of 1988, and the efficacy of the reforms which have been introduced to restore public confidence in the judiciary. These conflicts and a number of statutory enactments are analysed to determine their impact on the state of constitutionalism in Malaysia. The book concludes with the author's thoughts on the trajectory of constitutional development in Malaysia.
Constitutional Conflicts in Contemporary Malaysia
by HP LeeIn this book, HP Lee explores how the separation of powers doctrine in Malaysia has been adversely affected by a number of major constitutional conflicts among the various important organs of government. The author first analyses the struggle by parliament for supremacy over the Malay Rulers or Sultans by expunging the need for the royal assent to the enactment of legislation and removing royal immunities. Lee then turns to the contemporary role of the Malay Rulers and the reasons for the perceived rejuvenation of these Malay Rulers. The book goes on to examine the series of controversies and scandals which have plagued the judiciary since the tumultuous judiciary crisis of 1988, and the efficacy of the reforms which have been introduced to restore public confidence in the judiciary. These conflicts and a number of statutory enactments are analysed to determine their impact on the state of constitutionalism in Malaysia. The book concludes with the author's thoughts on the trajectory of constitutional development in Malaysia.
Livingstone, Owen, and Macdonald on Prison Law
Prison Law is the leading text in its field. It offers comprehensive coverage of the substantive law, the Prison Rules, and the remedies available to prisoners, including complaints procedures, civil claims, judicial review, and claims under the Human Rights Act. Both domestic and international avenues of redress are explained in detail. The book covers all aspects of prison life, from categorization and allocation to living conditions, access to the outside world, transfer and repatriation, discipline, and the procedures governing the release of fixed term prisoners and those serving life sentences. In recent years, restricted access to legal aid and the ongoing threat to the Human Rights Act have made it increasingly difficult for prisoners to exercise their rights. It would now be impossible for prison law to play the same major role in developing constitutional and public law as it has for the past 30 years. As a result, prison law practitioners are having to adapt and evolve their approach to cope with new challenges. The new edition has been completely revised and updated to take account of relevant decisions under the Human Rights Act and at the European Court of Human Rights, including important decisions on IPP sentences, ministerial involvement in prison release, conditions of detention, and their policy ramifications in the UK. The changes to the life sentence regime and the prison disciplinary system, implemented since publication of the previous edition, have been fully addressed. It also covers the Equality Act and its application in the prison context. Further, it includes a new introduction summarizing the development of prison law over the 20 years since the first edition, and its importance in the wider context of public law principles especially the expansion of jurisdiction (St Germain, Leech and Hague), fairness (Duggan, Doody), the principle of legality (Raymond v Honey, Leech No 2, Pierson, Simms and O'Brien) and HRA review (Daly and subsequent HRA decisions). Critical analysis is combined with practical guidance to make Prison Law immensely useful to practitioners, academics, and anyone with a professional interest in crime and punishment.
Livingstone, Owen, and Macdonald on Prison Law
by Tim Owen QC and Alison MacdonaldPrison Law is the leading text in its field. It offers comprehensive coverage of the substantive law, the Prison Rules, and the remedies available to prisoners, including complaints procedures, civil claims, judicial review, and claims under the Human Rights Act. Both domestic and international avenues of redress are explained in detail. The book covers all aspects of prison life, from categorization and allocation to living conditions, access to the outside world, transfer and repatriation, discipline, and the procedures governing the release of fixed term prisoners and those serving life sentences. In recent years, restricted access to legal aid and the ongoing threat to the Human Rights Act have made it increasingly difficult for prisoners to exercise their rights. It would now be impossible for prison law to play the same major role in developing constitutional and public law as it has for the past 30 years. As a result, prison law practitioners are having to adapt and evolve their approach to cope with new challenges. The new edition has been completely revised and updated to take account of relevant decisions under the Human Rights Act and at the European Court of Human Rights, including important decisions on IPP sentences, ministerial involvement in prison release, conditions of detention, and their policy ramifications in the UK. The changes to the life sentence regime and the prison disciplinary system, implemented since publication of the previous edition, have been fully addressed. It also covers the Equality Act and its application in the prison context. Further, it includes a new introduction summarizing the development of prison law over the 20 years since the first edition, and its importance in the wider context of public law principles especially the expansion of jurisdiction (St Germain, Leech and Hague), fairness (Duggan, Doody), the principle of legality (Raymond v Honey, Leech No 2, Pierson, Simms and O'Brien) and HRA review (Daly and subsequent HRA decisions). Critical analysis is combined with practical guidance to make Prison Law immensely useful to practitioners, academics, and anyone with a professional interest in crime and punishment.
Remedies for Breach of Contract (Studies in the Contract Law of Asia)
Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where until now, limited critical commentaries have been available in the English language. In this new six part series of scholarly essays from leading scholars and commentators, each volume will offer an insider's perspective into specific areas of contract law, including: remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy, and will explore how these diverse jurisdictions address common problems encountered in contractual disputes. Concluding each volume will be a closing discussion of the convergences and divergences across the jurisdictions. Volume I of this series examines the remedies for breach of contract in the laws of China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong, Korea, and Thailand. Specifically, it addresses the readiness of each legal system in their action to insist that parties perform their obligations; the methods of enforcing the parties' agreed remedies for breach; and the ways in which monetary compensation are awarded. Each jurisdiction is discussed over two chapters; the first chapter will examine the performance remedies and agreed remedies, while the second explores the monetary remedies. A concluding chapter offers a comparative overview.
Remedies for Breach of Contract (Studies in the Contract Law of Asia)
by Burton Ong Mindy Chen-Wishart Alexander LokeStudies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where until now, limited critical commentaries have been available in the English language. In this new six part series of scholarly essays from leading scholars and commentators, each volume will offer an insider's perspective into specific areas of contract law, including: remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy, and will explore how these diverse jurisdictions address common problems encountered in contractual disputes. Concluding each volume will be a closing discussion of the convergences and divergences across the jurisdictions. Volume I of this series examines the remedies for breach of contract in the laws of China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong, Korea, and Thailand. Specifically, it addresses the readiness of each legal system in their action to insist that parties perform their obligations; the methods of enforcing the parties' agreed remedies for breach; and the ways in which monetary compensation are awarded. Each jurisdiction is discussed over two chapters; the first chapter will examine the performance remedies and agreed remedies, while the second explores the monetary remedies. A concluding chapter offers a comparative overview.
Shari'a and Muslim Minorities: The wasati and salafi approaches to fiqh al-aqalliyyat al-Muslima (Oxford Islamic Legal Studies)
by Uriya ShavitBased on a comparative analysis of several hundred religio-juristic treatises and fatwas (religious decisions), Shari'a and Muslim Minorities: The Wasati and Salafi Approaches to Fiqh al-Aqalliyyat al-Muslima offers the most systematic and comprehensive study to date of fiqh al aqalliyyat al-Muslima - the field in Islamic jurisprudence that treats issues that are unique to Muslims living in majority non-Muslim societies. The book argues that two main contesting approaches to fiqh al-aqalliyyat al-Muslima, the wasati and the salafi, have developed, in part dialectically. While both envision a future Islamizing of the West as a main justification for Muslim residence in the West, the wasati approach is pragmatic, facilitating, and integration-minded, whereas the salafi calls for strict application of religious norms and for introversion. The volume examines diverse and highly-debated juristic issues, including the permissibility of naturalizing in non-Muslim states, participating in their electoral systems and serving in their militaries and police forces; the permissibility of taking mortgages and student loans; the permissibility of congratulating Christians on Christmas or receiving Christmas bonuses; and the permissibility of working in professions that involve breaching of religio-legal prohibitions (e.g. serving pork). Discussions highlight the diversity within contemporary Islamic jurisprudence and introduce new nuances to highly-charged concepts such as proselytizing, integration, and multiculturalism.
UK Competition Law: The New Framework
This book provides a comprehensive practitioner guide to the new competition law framework in the UK, following the widespread and significant reforms introduced in April 2014 and brought about by the Enterprise Regulatory and Reform Act 2013 (ERRA 2013); and reforms brought about by the Consumer Rights Act 2015. It considers the "new politics" of UK competition law: the increasing re-politicisation of competition policy in the UK, and how different elements of the regime (civil, criminal and administrative) interact. The book summarises the existing regime, considering how it has fared since the Competition Act came into force in 2000. It considers the administrative enforcement regime, including institutional reform of the functions of the CMA, sectoral regulators, the Competition Appeal Tribunal (CAT) and the Secretary of State; and the enforcement process. It then covers the merger control regime, including fixed time limits, merger notice and information gathering powers, interim measures, due process, and remedies. It examines the powers and remit of the various sector regulators in terms of promoting competition and enforcing competition law, as well as the UK Competition Network and the wide-ranging remit of the FCA regarding financial services markets. It also analyses individual criminal liability, the cartel offence-both in its original form and as amended by the ERRA-and procedural issues. Finally, the book examines private enforcement, including the development of private competition litigation in the UK, the changes introduced by the Consumer Rights Act and the EU directive on damages actions for competition law infringements This is an essential guide to the new competition law framework in the UK, offering clear critical analysis as well as practical guidance on the full implications of these wide-ranging reforms.
Claiming a Promised Inheritance: A Comparative Study
by Alexandra BraunClaiming a Promised Inheritance examines those cases where a person is promised a future inheritance and, having acted on it, later discovers that the promise is unfulfilled. The book structures its analysis and argument around the stories of disappointed promisees and their unfulfilled expectations of a future inheritance, and how they might seek redress. It maps and compares the various, and often very diverse range of legal responses that a promisee can avail herself of across different legal areas of the law (ranging from contract law to property law, employment law, unjust and unjustified enrichment law, and succession law) and in both common and civil law traditions. Braun asks how these responses protect the interests of promisees and whether they are sensitive to the context in which such promises are expressed. In doing so, the focus rests on the level of protection the various forms of redress grant, their scope, and the challenges promisees face when brining a claim, but also on the values and interests that are at stake when granting relief. This book argues that due to the social and legal context within which promises of a future inheritance are normally made, promisees are usually in a vulnerable position that can easily by exploited. It further argues that the law is usually more acutely attuned to the risks that the promisor incurs and that greater attention should be paid to the challenges promisees face. Claiming a Promised Inheritance thus complements the traditional viewpoint by bringing into focus the (too often ignored) perspective of promisees.
Claiming a Promised Inheritance: A Comparative Study
by Alexandra BraunClaiming a Promised Inheritance examines those cases where a person is promised a future inheritance and, having acted on it, later discovers that the promise is unfulfilled. The book structures its analysis and argument around the stories of disappointed promisees and their unfulfilled expectations of a future inheritance, and how they might seek redress. It maps and compares the various, and often very diverse range of legal responses that a promisee can avail herself of across different legal areas of the law (ranging from contract law to property law, employment law, unjust and unjustified enrichment law, and succession law) and in both common and civil law traditions. Braun asks how these responses protect the interests of promisees and whether they are sensitive to the context in which such promises are expressed. In doing so, the focus rests on the level of protection the various forms of redress grant, their scope, and the challenges promisees face when brining a claim, but also on the values and interests that are at stake when granting relief. This book argues that due to the social and legal context within which promises of a future inheritance are normally made, promisees are usually in a vulnerable position that can easily by exploited. It further argues that the law is usually more acutely attuned to the risks that the promisor incurs and that greater attention should be paid to the challenges promisees face. Claiming a Promised Inheritance thus complements the traditional viewpoint by bringing into focus the (too often ignored) perspective of promisees.
Unconditional Life: The Postwar International Law Settlement
by Yoriko OtomoDrawing on philosophy, history, and critical theory, Unconditional Life introduces a new perspective on the significance of post-war international law developments. The book examines the public discourse regarding technological risk in World War II texts of unconditional surrender, in the World Trade Organisation's EC-Biotech dispute, and in the International Court of Justices' Nuclear Weapons Advisory Opinion. The volume describes international law in terms of its management of, and relation to, the risks associated with technological innovation in war and in trade. It proposes that international law, too, is itself a kind of technology: one intended to manage the material and existential risks inherent in the creation of a new international, postcolonial, political community emerging out of the Second World War. Members of this community are imagined to possess a universal quality: humanness, which itself is underscored by a power of invention. Yoriko Otomo demonstrates how international lawyers' inability to adjudicate questions of large-scale technological risk is due to the competing and intractable claims of international law. Offering a feminist analysis of the political economy that has created this crisis of governance, the book provides a way of understanding the structural inequities that will need to be addressed if international law is to remain a relevant forum for the adjudication of war and trade into the 21st century.
Unconditional Life: The Postwar International Law Settlement
by Yoriko OtomoDrawing on philosophy, history, and critical theory, Unconditional Life introduces a new perspective on the significance of post-war international law developments. The book examines the public discourse regarding technological risk in World War II texts of unconditional surrender, in the World Trade Organisation's EC-Biotech dispute, and in the International Court of Justices' Nuclear Weapons Advisory Opinion. The volume describes international law in terms of its management of, and relation to, the risks associated with technological innovation in war and in trade. It proposes that international law, too, is itself a kind of technology: one intended to manage the material and existential risks inherent in the creation of a new international, postcolonial, political community emerging out of the Second World War. Members of this community are imagined to possess a universal quality: humanness, which itself is underscored by a power of invention. Yoriko Otomo demonstrates how international lawyers' inability to adjudicate questions of large-scale technological risk is due to the competing and intractable claims of international law. Offering a feminist analysis of the political economy that has created this crisis of governance, the book provides a way of understanding the structural inequities that will need to be addressed if international law is to remain a relevant forum for the adjudication of war and trade into the 21st century.
Documents on the Law of UN Peace Operations
by Bruce Oswald Helen Durham Adrian BatesSince the first edition of this book was published in 2010, United Nations peace operations have evolved significantly. In the Democratic Republic of the Congo, Central African Republic, and South Sudan, UN peacekeepers are now engaged in building peace by fighting non-State armed actors, and must consider issues concerning the application of law and policy governing the use of armed force when protecting civilians. In addition, the UN and its peacekeepers are increasingly being held to higher standards of accountability to ensure that their engagement with local forces and populations meets normative requirements found in international humanitarian law and international human rights law. This extensively revised edition of Documents on the Law of UN Peace Operations addresses the key normative principles, rules, and standards that have been a part of this evolution. The book provides essential documents, accompanied with commentary, which identify and explain the legal framework or applicable legal norms involved in the planning, management and conduct of UN peace operations. Topics covered include obligations under international humanitarian law, human rights law, international criminal law, and privileges and immunities. Special attention is also paid to matters such as accountability, the rule of law, and the protection of civilians.
Documents on the Law of UN Peace Operations
by Bruce Oswald Helen Durham Adrian BatesSince the first edition of this book was published in 2010, United Nations peace operations have evolved significantly. In the Democratic Republic of the Congo, Central African Republic, and South Sudan, UN peacekeepers are now engaged in building peace by fighting non-State armed actors, and must consider issues concerning the application of law and policy governing the use of armed force when protecting civilians. In addition, the UN and its peacekeepers are increasingly being held to higher standards of accountability to ensure that their engagement with local forces and populations meets normative requirements found in international humanitarian law and international human rights law. This extensively revised edition of Documents on the Law of UN Peace Operations addresses the key normative principles, rules, and standards that have been a part of this evolution. The book provides essential documents, accompanied with commentary, which identify and explain the legal framework or applicable legal norms involved in the planning, management and conduct of UN peace operations. Topics covered include obligations under international humanitarian law, human rights law, international criminal law, and privileges and immunities. Special attention is also paid to matters such as accountability, the rule of law, and the protection of civilians.
Arbitration of International Mining Disputes: Law and Practice (Oxford International Arbitration Series)
by Henry G. Burnett Louis-Alexis BretInternational mining disputes represent a significant and growing area of disputes over natural resources, yet the unique risks inherent in the mining industry set them apart, both in the nature of the disputes and the approach taken to resolve them. International arbitration has emerged as the mechanism of choice for the resolution of such disputes. This has given rise to a wealth of arbitral decisions from which certain principles specific to the mining sector are developing. This book is the first of its kind to bring together thorough analysis of arbitral decisions and insightful commentary on both dispute resolution and the business of mining, in order to provide a comprehensive guide to arbitration in the mining sector. Part I introduces the different parties involved in international mining projects; Part II explains the main risks and challenges involved in mining projects and how they result in different types of disputes; Part III provides practical advice for parties and counsel involved in international mining disputes, including in-depth analysis of the confidentiality issues that so often arise in connection with international mining disputes and the conditions and strategies for the settlement of these disputes; and Part IV examines the substantive principles applicable to international commercial and investor-State mining disputes.
Arbitration of International Mining Disputes: Law and Practice (Oxford International Arbitration Series)
by Henry G. Burnett Louis-Alexis BretInternational mining disputes represent a significant and growing area of disputes over natural resources, yet the unique risks inherent in the mining industry set them apart, both in the nature of the disputes and the approach taken to resolve them. International arbitration has emerged as the mechanism of choice for the resolution of such disputes. This has given rise to a wealth of arbitral decisions from which certain principles specific to the mining sector are developing. This book is the first of its kind to bring together thorough analysis of arbitral decisions and insightful commentary on both dispute resolution and the business of mining, in order to provide a comprehensive guide to arbitration in the mining sector. Part I introduces the different parties involved in international mining projects; Part II explains the main risks and challenges involved in mining projects and how they result in different types of disputes; Part III provides practical advice for parties and counsel involved in international mining disputes, including in-depth analysis of the confidentiality issues that so often arise in connection with international mining disputes and the conditions and strategies for the settlement of these disputes; and Part IV examines the substantive principles applicable to international commercial and investor-State mining disputes.
Investor-State Arbitration
by Borzu Sabahi Noah Rubins Don Wallace, Jr.The increasing importance of international investment has been accompanied by the rapid development of a new field of international law that defines the obligations of host states towards foreign investors and creates procedures for resolving disputes in connection with those obligations. The second edition of Investor-State Arbitration builds on the successful first edition to include developments in law and practice, and provides the reader with an even more in-depth expert coverage of all aspects of this field of international law. The book examines the international treaties that allow investors to proceed with the arbitration of their claims, describe the most-commonly employed arbitration rules, and set forth the most important elements of Investor-State arbitration procedure - including tribunal composition, jurisdiction, evidence, award, and challenge of annulment. The evolution and rapid development of the field of international investment, including the formation of the International Center for the Settlement of Investment Disputes (ICSID), and more than 2,000 bilateral investment treaties, most of which were entered into in the last twenty years, is given dedicated coverage. Investor-State Arbitration represents an indispensable tool for practitioners working in law firms, governments, and NGOs involved in this field, as well as for academics and students who are studying international law.