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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.
Cheshire, North & Fawcett: Private International Law
by Uglješa Grušić Christian Heinze Louise Merrett Alex Mills Carmen Otero García-Castrillón Zheng Sophia Tang Katarina Trimmings Lara WalkerThe new edition of this well-established and highly regarded work has been fully updated to encompass the major changes and developments in the law, including coverage of the Recast Brussels I Regulation which came into force in 2015. The book is invaluable for the practitioner as well as being one of the leading students' textbooks in the field, giving comprehensive and accessible coverage of the basic principles of private international law. It offers students, teachers and practitioners not only a rigorous academic examination of the subject, but also a practical guide to the complex subject of private international law. Written by an expert team of academics, there is extensive coverage of commercial topics such as the jurisdiction of various courts and their limitations, stays of proceedings and restraining foreign proceedings, the recognition and enforcement of judgments, the law of obligations with respect to contractual and non-contractual obligations. There are also sections on the various aspects of family law in private international law, and the law of property, including the transfer of property, administration of estates, succession and trusts.
Cheshire, North & Fawcett: Private International Law
by Alex Mills Uglješa Grušić Lara Walker Katarina Trimmings Zheng Sophia Tang Louise Merrett Christian Heinze Carmen Otero García-CastrillónThe new edition of this well-established and highly regarded work has been fully updated to encompass the major changes and developments in the law, including coverage of the Recast Brussels I Regulation which came into force in 2015. The book is invaluable for the practitioner as well as being one of the leading students' textbooks in the field, giving comprehensive and accessible coverage of the basic principles of private international law. It offers students, teachers and practitioners not only a rigorous academic examination of the subject, but also a practical guide to the complex subject of private international law. Written by an expert team of academics, there is extensive coverage of commercial topics such as the jurisdiction of various courts and their limitations, stays of proceedings and restraining foreign proceedings, the recognition and enforcement of judgments, the law of obligations with respect to contractual and non-contractual obligations. There are also sections on the various aspects of family law in private international law, and the law of property, including the transfer of property, administration of estates, succession and trusts.
The Role of Arbitration in Shipping Law
The financial crisis of 2007-08 saw a marked increase in global shipping disputes that is still being felt today. In recent decades, arbitration has emerged as the dominant choice of dispute resolution in the global shipping industry, with the establishment of major maritime arbitration centres in London and New York, and the recent emergence of new centres such as Singapore and China. At the same time, the immense advances that have been made and continue to be made in engineering, technology, and communications have led to the emergence of innumerable new trade practices, common understandings, and usages within which goods are carried by sea across the world, but which, because of the widespread use of alternative fora for dispute resolution, may be invisible to and unrecognized by domestic laws. This book asks: What are the implications of widespread use of arbitration for the continued development of shipping law? Are national laws on shipping destined to become ossified and obsolete? Is a new lex maritima emerging? And, most importantly, what is the role of the arbitral process in the evolution of shipping law? The Role of Arbitration in Shipping Law brings together cutting-edge analysis of the development of shipping law and the role of arbitration within it, with contributions from a team of world-class academics and practitioners.
The Role of Arbitration in Shipping Law
by Miriam Goldby and Loukas MistelisThe financial crisis of 2007-08 saw a marked increase in global shipping disputes that is still being felt today. In recent decades, arbitration has emerged as the dominant choice of dispute resolution in the global shipping industry, with the establishment of major maritime arbitration centres in London and New York, and the recent emergence of new centres such as Singapore and China. At the same time, the immense advances that have been made and continue to be made in engineering, technology, and communications have led to the emergence of innumerable new trade practices, common understandings, and usages within which goods are carried by sea across the world, but which, because of the widespread use of alternative fora for dispute resolution, may be invisible to and unrecognized by domestic laws. This book asks: What are the implications of widespread use of arbitration for the continued development of shipping law? Are national laws on shipping destined to become ossified and obsolete? Is a new lex maritima emerging? And, most importantly, what is the role of the arbitral process in the evolution of shipping law? The Role of Arbitration in Shipping Law brings together cutting-edge analysis of the development of shipping law and the role of arbitration within it, with contributions from a team of world-class academics and practitioners.
To Reform the World: International Organizations and the Making of Modern States (The History and Theory of International Law)
by Guy Fiti SinclairThis book explores how international organizations (IOs) have expanded their powers over time without formally amending their founding treaties. IOs intervene in military, financial, economic, political, social, and cultural affairs, and increasingly take on roles not explicitly assigned to them by law. Sinclair contends that this 'mission creep' has allowed IOs to intervene internationally in a way that has allowed them to recast institutions within and interactions among states, societies, and peoples on a broadly Western, liberal model. Adopting a historical and interdisciplinary, socio-legal approach, Sinclair supports this claim through detailed investigations of historical episodes involving three very different organizations: the International Labour Organization in the interwar period; the United Nations in the two decades following the Second World War; and the World Bank from the 1950s through to the 1990s. The book draws on a wide range of original institutional and archival materials, bringing to light little-known aspects of each organization's activities, identifying continuities in the ideas and practices of international governance across the twentieth century, and speaking to a range of pressing theoretical questions in present-day international law and international relations.
To Reform the World: International Organizations and the Making of Modern States (The History and Theory of International Law)
by Guy Fiti SinclairThis book explores how international organizations (IOs) have expanded their powers over time without formally amending their founding treaties. IOs intervene in military, financial, economic, political, social, and cultural affairs, and increasingly take on roles not explicitly assigned to them by law. Sinclair contends that this 'mission creep' has allowed IOs to intervene internationally in a way that has allowed them to recast institutions within and interactions among states, societies, and peoples on a broadly Western, liberal model. Adopting a historical and interdisciplinary, socio-legal approach, Sinclair supports this claim through detailed investigations of historical episodes involving three very different organizations: the International Labour Organization in the interwar period; the United Nations in the two decades following the Second World War; and the World Bank from the 1950s through to the 1990s. The book draws on a wide range of original institutional and archival materials, bringing to light little-known aspects of each organization's activities, identifying continuities in the ideas and practices of international governance across the twentieth century, and speaking to a range of pressing theoretical questions in present-day international law and international relations.
Arbitration Under International Investment Agreements: A Guide to the Key Issues
Investor-state arbitration is a form of dispute settlement that allows foreign investors the opportunity to seek compensation for damages or discriminatory practices, most of which arise out of breaches of treaty obligations by the governments of host countries. With a high level of public interest involved in these cases, the awards of these tribunals are subject to much scrutiny and debate. As a result, up-to-date knowledge of the key topics of investment arbitration is integral for those practicing in the field, especially given the rapid development of international investment law. Arbitration Under International Investment Agreements: A Guide to the Key Issues describes the most important procedural and substantive aspects of investment arbitration in a practical and accessible manner. Covering all procedural stages of investor-state arbitration, the text provides a broad overview of the key topics including the role of precedent, counterclaims, third party funding, bi-trifurcation, burden of proof regarding jurisdiction, attribution, breach of treaty and contract claims, fair and equitable treatment, indirect expropriation, and culminates in the enforcement of investment awards. The text also describes the conflicts and challenges facing arbitrators from a practical perspective, providing a comprehensive insight into investor-state arbitration. With contributions from many of the leading experts in the field, private practitioners, academics, government and intergovernmental organization officials, this text addresses all issues in an objective manner. Through pragmatic and reliable analysis, this book provides the reader with an authoritative understanding of all aspects of this evolving topic. "When the first edition of this text was published a short seven years ago, it quickly became an authoritative reference guide for practitioners, academics, and tribunals on investor-state questions... As attested by the breadth and depth of the topics in this edition, investment treaties and arbitration continue to raise novel legal questions. The editor is an expert in the field, having dealt with investment law and procedure from the distinct perspectives of an international organization, an arbitral institution, a law firm representing both states and investors in individual cases, and as a professor of law. Her knowledge and expertise is evident throughout. In addition, the contributing authors are all well known in this discipline, with backgrounds and knowledge that bring an intelligent and up-to-date perspective on the most important questions in the field. Given this combination, it is certain that this edition will become equally authoritative as the first edition..." —Meg Kinnear, ICSID Secretary General
Arbitration Under International Investment Agreements: A Guide to the Key Issues
by Katia Yannaca-SmallInvestor-state arbitration is a form of dispute settlement that allows foreign investors the opportunity to seek compensation for damages or discriminatory practices, most of which arise out of breaches of treaty obligations by the governments of host countries. With a high level of public interest involved in these cases, the awards of these tribunals are subject to much scrutiny and debate. As a result, up-to-date knowledge of the key topics of investment arbitration is integral for those practicing in the field, especially given the rapid development of international investment law. Arbitration Under International Investment Agreements: A Guide to the Key Issues describes the most important procedural and substantive aspects of investment arbitration in a practical and accessible manner. Covering all procedural stages of investor-state arbitration, the text provides a broad overview of the key topics including the role of precedent, counterclaims, third party funding, bi-trifurcation, burden of proof regarding jurisdiction, attribution, breach of treaty and contract claims, fair and equitable treatment, indirect expropriation, and culminates in the enforcement of investment awards. The text also describes the conflicts and challenges facing arbitrators from a practical perspective, providing a comprehensive insight into investor-state arbitration. With contributions from many of the leading experts in the field, private practitioners, academics, government and intergovernmental organization officials, this text addresses all issues in an objective manner. Through pragmatic and reliable analysis, this book provides the reader with an authoritative understanding of all aspects of this evolving topic. "When the first edition of this text was published a short seven years ago, it quickly became an authoritative reference guide for practitioners, academics, and tribunals on investor-state questions... As attested by the breadth and depth of the topics in this edition, investment treaties and arbitration continue to raise novel legal questions. The editor is an expert in the field, having dealt with investment law and procedure from the distinct perspectives of an international organization, an arbitral institution, a law firm representing both states and investors in individual cases, and as a professor of law. Her knowledge and expertise is evident throughout. In addition, the contributing authors are all well known in this discipline, with backgrounds and knowledge that bring an intelligent and up-to-date perspective on the most important questions in the field. Given this combination, it is certain that this edition will become equally authoritative as the first edition..." —Meg Kinnear, ICSID Secretary General
Assessing the Harms of Crime: A New Framework for Criminal Policy (Clarendon Studies in Criminology)
by Victoria A. Greenfield Letizia PaoliAssessing the Harms of Crime provides a firm analytical foundation for making normative decisions about criminal and related policy, taking harm—and its reduction—as a conceptual starting point and supplying the means for systematic, empirical analysis in a harm assessment framework. By exploring harm's place in legal history, theory, criminology, and related fields and by considering the relevance of harm and its reduction for both criminal policy and the governance of security, the book demonstrates the centrality of harm, including its reduction, to crime, policy, and governance. It also highlights a substantial gap in methods available to the policy community to take on harm and the challenges of developing them. Working to fill that gap, the book presents the authors' "Harm Assessment Framework," consisting of tools and a process to identify, evaluate, and rank harms and to carefully distinguish between harms that result directly from activities and those that are remote or driven at least partially by policy. The book also presents applications to complex crimes, primarily involving coca and cocaine, that show the framework's value with new, actionable insight to harm and policy. On this basis, the book argues that criminology would benefit from expanding its mission to include harm and target harm reduction and from positioning harm assessment as a core task. Lastly, it posits that systematic, empirical harm-based policy analysis can contribute positively to decisions about criminal policy and the governance of security and to advancing justice.
Assessing the Harms of Crime: A New Framework for Criminal Policy (Clarendon Studies in Criminology)
by Victoria A. Greenfield Letizia PaoliAssessing the Harms of Crime provides a firm analytical foundation for making normative decisions about criminal and related policy, taking harm—and its reduction—as a conceptual starting point and supplying the means for systematic, empirical analysis in a harm assessment framework. By exploring harm's place in legal history, theory, criminology, and related fields and by considering the relevance of harm and its reduction for both criminal policy and the governance of security, the book demonstrates the centrality of harm, including its reduction, to crime, policy, and governance. It also highlights a substantial gap in methods available to the policy community to take on harm and the challenges of developing them. Working to fill that gap, the book presents the authors' "Harm Assessment Framework," consisting of tools and a process to identify, evaluate, and rank harms and to carefully distinguish between harms that result directly from activities and those that are remote or driven at least partially by policy. The book also presents applications to complex crimes, primarily involving coca and cocaine, that show the framework's value with new, actionable insight to harm and policy. On this basis, the book argues that criminology would benefit from expanding its mission to include harm and target harm reduction and from positioning harm assessment as a core task. Lastly, it posits that systematic, empirical harm-based policy analysis can contribute positively to decisions about criminal policy and the governance of security and to advancing justice.
Offensive Speech, Religion, and the Limits of the Law
by Nicholas HatzisIs the government ever justified in restricting offensive speech? This question has become particularly important in relation to communications which offend religious sensibilities. It is often argued that insulting a person's beliefs is tantamount to disrespecting the believer; that insults are a form of hatred or intolerance; that the right to religious freedom includes a more specific right not to be insulted in one's beliefs; that religious minorities have a particularly strong claim to be protected from offence; and that censorship of offensive speech is necessary for the prevention of social disorder and violence. None of those arguments is convincing. Drawing on law and philosophy, this book argues that there is no moral right to be protected from offence and that, while freedom of religion is an important right that grounds negative and positive obligations for the state, it is unpersuasive to interpret constitutional and human rights provisions as including a right not to be caused offence. Rather, we have good reasons to think of public discourse as a space for the expression of all viewpoints about the ethical life, including those which some will find offensive. This is necessary to sustain a society's capacity for self-reflection and change.
Offensive Speech, Religion, and the Limits of the Law
by Nicholas HatzisIs the government ever justified in restricting offensive speech? This question has become particularly important in relation to communications which offend religious sensibilities. It is often argued that insulting a person's beliefs is tantamount to disrespecting the believer; that insults are a form of hatred or intolerance; that the right to religious freedom includes a more specific right not to be insulted in one's beliefs; that religious minorities have a particularly strong claim to be protected from offence; and that censorship of offensive speech is necessary for the prevention of social disorder and violence. None of those arguments is convincing. Drawing on law and philosophy, this book argues that there is no moral right to be protected from offence and that, while freedom of religion is an important right that grounds negative and positive obligations for the state, it is unpersuasive to interpret constitutional and human rights provisions as including a right not to be caused offence. Rather, we have good reasons to think of public discourse as a space for the expression of all viewpoints about the ethical life, including those which some will find offensive. This is necessary to sustain a society's capacity for self-reflection and change.
The Oxford Handbook of Intellectual Property Law (Oxford Handbooks)
We live in an age in which expressive, informational, and technological subject matter are becoming increasingly important. Intellectual property is the primary means by which the law seeks to regulate such subject matter. It aims to promote innovation and creativity, and in doing so to support solutions to global environmental and health problems, as well as freedom of expression and democracy. It also seeks to stimulate economic growth and competition, accounting for its centrality to EU Internal Market and international trade and development policies. Additionally, it is of enormous and increasing importance to business. As a result there is a substantial and ever-growing interest in intellectual property law across all spheres of industry and social policy, including an interest in its legal principles, its social and normative foundations, and its place and operation in the political economy. This handbook written by leading academics and practitioners from the field of intellectual property law, and suitable for both a specialist legal readership and an intelligent but non-specialist legal and non-legal readership, provides a comprehensive account of the following areas: - The foundations of IP law, including its emergence and development in different jurisdictions and regions; - The substantive rules and principles of IP; and - Important issues arising from the existence and operation of IP in the political economy.
The Oxford Handbook of Intellectual Property Law (Oxford Handbooks)
by Rochelle C. Dreyfuss and Justine PilaWe live in an age in which expressive, informational, and technological subject matter are becoming increasingly important. Intellectual property is the primary means by which the law seeks to regulate such subject matter. It aims to promote innovation and creativity, and in doing so to support solutions to global environmental and health problems, as well as freedom of expression and democracy. It also seeks to stimulate economic growth and competition, accounting for its centrality to EU Internal Market and international trade and development policies. Additionally, it is of enormous and increasing importance to business. As a result there is a substantial and ever-growing interest in intellectual property law across all spheres of industry and social policy, including an interest in its legal principles, its social and normative foundations, and its place and operation in the political economy. This handbook written by leading academics and practitioners from the field of intellectual property law, and suitable for both a specialist legal readership and an intelligent but non-specialist legal and non-legal readership, provides a comprehensive account of the following areas: - The foundations of IP law, including its emergence and development in different jurisdictions and regions; - The substantive rules and principles of IP; and - Important issues arising from the existence and operation of IP in the political economy.
Free Will and Action Explanation: A Non-Causal, Compatibilist Account
by Scott SehonDo we have free will and moral responsibility? Is free will compatible with determinism? Scott Sehon argues that we can make progress on these questions by focusing on an underlying issue: the nature of action explanation. When a person acts, or does something on purpose, we explain the behavior by citing the agent's reasons. The dominant view in philosophy of mind has been to construe such explanations as a species of causal explanation. Part I of the book proposes and defends a non-causal account of action and agency, according to which reason explanation of human behavior is irreducibly teleological rather than causal. Part II applies the teleological account of action to free will and responsibility, arguing that the free actions—the ones for which we are directly responsible—are the goal-directed actions, the actions that are teleologically explicable in terms of our reasons. It is then argued that this non-causal account of action undermines the appeal of incompatibilist arguments, arguments attempting to show that free will is not compatible with determinism. Beyond this, Sehon argues that the non-causal compatibilist account works well in practice: it is in accord with our clear intuitions about cases, and it both explains and provides guidance in the cases where our intuitions are murkier.
Free Will and Action Explanation: A Non-Causal, Compatibilist Account
by Scott SehonDo we have free will and moral responsibility? Is free will compatible with determinism? Scott Sehon argues that we can make progress on these questions by focusing on an underlying issue: the nature of action explanation. When a person acts, or does something on purpose, we explain the behavior by citing the agent's reasons. The dominant view in philosophy of mind has been to construe such explanations as a species of causal explanation. Part I of the book proposes and defends a non-causal account of action and agency, according to which reason explanation of human behavior is irreducibly teleological rather than causal. Part II applies the teleological account of action to free will and responsibility, arguing that the free actions—the ones for which we are directly responsible—are the goal-directed actions, the actions that are teleologically explicable in terms of our reasons. It is then argued that this non-causal account of action undermines the appeal of incompatibilist arguments, arguments attempting to show that free will is not compatible with determinism. Beyond this, Sehon argues that the non-causal compatibilist account works well in practice: it is in accord with our clear intuitions about cases, and it both explains and provides guidance in the cases where our intuitions are murkier.
Treatment for Crime: Philosophical Essays on Neurointerventions in Criminal Justice (Engaging Philosophy)
Preventing recidivism is one of the aims of criminal justice, yet existing means of pursuing this aim are often poorly effective, highly restrictive of basic freedoms, and significantly harmful. Incarceration, for example, tends to be disruptive of personal relationships and careers, detrimental to physical and mental health, restrictive of freedom of movement, and rarely more than modestly effective at preventing recidivism. Crime-preventing neurointerventions (CPNs) are increasingly being advocated, and there is a growing use of testosterone-lowering agents to prevent recidivism in sexual offenders, and strong political and scientific interest in developing pharmaceutical treatments for psychopathy and anti-social behaviour. Future neuroscientific advances could yield further CPNs; we could ultimately have at our disposal a range of drugs capable of suppressing violent aggression and it is not difficult to imagine possible applications of such drugs in crime prevention. Neurointerventions hold out the promise of preventing recidivism in ways that are both more effective, and more humane. But should neurointerventions be used in crime prevention? And may the state ever permissibly impose CPNs as part of the criminal justice process, either unconditionally, or as a condition of parole or early release? The use of CPNs raises several ethical concerns, as they could be highly intrusive and may threaten fundamental human values, such as bodily integrity and freedom of thought. In the first book-length treatment of this topic, Treatment for Crime, brings together original contributions from internationally renowned moral and political philosophers to address these questions and consider the possible issues, recognizing how humanity has a track record of misguided, harmful and unwarrantedly coercive use of neurotechnological 'solutions' to criminality. The Engaging Philosophy series is a new forum for collective philosophical engagement with controversial issues in contemporary society.
Hate Speech and Democratic Citizenship
by Eric HeinzeMost modern democracies punish hate speech. Less freedom for some, they claim, guarantees greater freedom for others. Heinze rejects that approach, arguing that democracies have better ways of combatting violence and discrimination against vulnerable groups without having to censor speakers. Critiquing dominant free speech theories, Heinze explains that free expression must be safeguarded not just as an individual right, but as an essential attribute of democratic citizenship. The book challenges contemporary state regulation of public discourse by promoting a stronger theory of what democracy is and what it demands. Examining US, European, and international approaches, Heinze offers a new vision of free speech within Western democracies.
Hate Speech and Democratic Citizenship
by Eric HeinzeMost modern democracies punish hate speech. Less freedom for some, they claim, guarantees greater freedom for others. Heinze rejects that approach, arguing that democracies have better ways of combatting violence and discrimination against vulnerable groups without having to censor speakers. Critiquing dominant free speech theories, Heinze explains that free expression must be safeguarded not just as an individual right, but as an essential attribute of democratic citizenship. The book challenges contemporary state regulation of public discourse by promoting a stronger theory of what democracy is and what it demands. Examining US, European, and international approaches, Heinze offers a new vision of free speech within Western democracies.
A Purposive Approach to Labour Law (Oxford Labour Law)
by Guy DavidovThe mismatch between goals and means is a major cause of crisis in labour law. The regulations that we use - the legal instruments and techniques - are no longer in sync with the goals they are supposed to advance. This mismatch leads to a problem of coverage, where many workers who need the protection of labour law are not covered by it, as well as a problem of obsoleteness, as labour laws are not sufficiently updated in light of dramatic changes in the labour market. Adopting a purposive approach to interpretation and legislative reform, this volume addresses this crisis of mismatch. It first articulates the goals of labour law, both general and specific, through an in-depth normative discussion and a consideration of critiques. The book then proceeds to reconsider our means, asking what we need to change or improve in the laws themselves in order to better advance the goals. Some of the proposed solutions are at the level of judicial interpretation, others at the legislative level. The book offers several examples of the way a purposive analysis should be performed in concrete cases. It also recommends institutional structures that are suited to ongoing adaptation of the law to ensure that our goals are advanced even when circumstances frequently change. Finally, in response to the crisis of enforcement in this field, which frustrates the achievement of labour law's goals, several proposals to improve compliance and enforcement are considered.
A Purposive Approach to Labour Law (Oxford Labour Law)
by Guy DavidovThe mismatch between goals and means is a major cause of crisis in labour law. The regulations that we use - the legal instruments and techniques - are no longer in sync with the goals they are supposed to advance. This mismatch leads to a problem of coverage, where many workers who need the protection of labour law are not covered by it, as well as a problem of obsoleteness, as labour laws are not sufficiently updated in light of dramatic changes in the labour market. Adopting a purposive approach to interpretation and legislative reform, this volume addresses this crisis of mismatch. It first articulates the goals of labour law, both general and specific, through an in-depth normative discussion and a consideration of critiques. The book then proceeds to reconsider our means, asking what we need to change or improve in the laws themselves in order to better advance the goals. Some of the proposed solutions are at the level of judicial interpretation, others at the legislative level. The book offers several examples of the way a purposive analysis should be performed in concrete cases. It also recommends institutional structures that are suited to ongoing adaptation of the law to ensure that our goals are advanced even when circumstances frequently change. Finally, in response to the crisis of enforcement in this field, which frustrates the achievement of labour law's goals, several proposals to improve compliance and enforcement are considered.
Litigating Religions: An Essay on Human Rights, Courts, and Beliefs
by Christopher McCruddenReligions are a problem for human rights, and human rights are a problem for religions. And both are problems for courts. This book presents an interpretation of how religion and human rights interrelate in the legal context, and how this relationship might be reconceived to make this relationship somewhat less fraught. Litigating Religions, an essay adapted by Christopher McCrudden from the Alberico Gentili Lectures given at the University of Macerata, Italy, examines how the resurgent role of religion in public life gives rise to tensions with key aspects of human rights, in particular freedom of religion and anti-discrimination law, and how these tensions cannot be considered as simply transitional. The context for the discussion is the increasingly troubled area of human rights litigation involving religious arguments, such as wearing religious dress at work, conscientious objections by marriage registrars, admission of children to religious schools, prohibitions on same-sex marriage, and access to abortion. Christopher McCrudden argues that, if we wish to establish a better dialogue between the contending views, we must address a set of recurring problems identifiable in such litigation. To address these problems requires changes both in human rights theory and in religious understandings.
Europe's Functional Constitution: A Theory of Constitutionalism Beyond the State (Oxford Constitutional Theory)
by Turkuler IsikselConstitutionalism has become a byword for legitimate government, but is it fated to lose its relevance as constitutional states relinquish power to international institutions? This book evaluates the extent to which constitutionalism, as an empirical idea and normative ideal, can be adapted to institutions beyond the state by surveying the sophisticated legal and political system of the European Union. Having originated in a series of agreements between states, the EU has acquired important constitutional features like judicial review, protections for individual rights, and a hierarchy of norms. Nonetheless, it confounds traditional models of constitutional rule to the extent that its claim to authority rests on the promise of economic prosperity and technocratic competence rather than on the democratic will of citizens. Critically appraising the European Union and its legal system, this book proposes the idea of 'functional constitutionalism' to describe this distinctive configuration of public power. Although the EU is the most advanced instance of functional constitutionalism to date, understanding this pragmatic mode of constitutional authority is essential for assessing contemporary international economic governance.
Market Abuse Regulation
by Edward J Swan John VirgoMarket Abuse Regulation is a wide-ranging and insightful analysis of the market abuse regime and the applications of the regulations in the UK and European Union. It provides detailed discussion of the implementation and interpretation of the regulation, the conduct of investigations, the defences and appeals available against a finding of market abuse, and overlapping United States regulation. The new edition explains and evaluates the changes introduced by the Markets in Financial Instruments Directive , the Market Abuse Directive, the Market Abuse Regulation, and the implementation of the Regulation on Wholesale Market Integrity and Transparency, which have resulted in dramatic expansion of the coverage of EU market abuse regulation. It addresses the regulation of additional financial instruments, the expansion to include new markets and trading facilities, and changes to the coverage of commodity derivatives and physical commodities. It discusses the dramatic changes to the format of regulation as a result of the restructuring of UK regulators; as well as the addition of new EU supervisory bodies with revised powers over national regulation within the EU. Beyond the EU, it discusses international protocols and treaties which have also added to the regulatory structure.