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Research Handbook on Family Justice Systems (Research Handbooks in Law and Society series)
Bringing together current research from a diverse range of jurisdictions on family law, the Research Handbook on Family Justice Systems addresses the aims and boundaries of family justice systems. Delineating the common purpose of family law to achieve fairness for groups of people who live or have lived together, this Handbook is concerned with the rules referred to as ‘family law’, but also with the institutions comprising the operating system.This Handbook presents the view that a Family Justice System (FJS) is a living entity, working with and for a wide range of beliefs and practices, comprising far more than a set of rules and regulations, which can respond to a changing society, while also contributing to that change. Looking specifically at the FJS as an important and evolving element in the organisation of a society, with which sociologists, as well as lawyers and family sociologists are concerned, it explores how an FJS works in practice, what it tries to do and why. With contributions from the US, UK, Germany, Netherlands, Switzerland, France, Poland, Japan and China, this Research Handbook is an internationally relevant and comprehensive work. The Research Handbook on Family Justice Systems examines FJS in practice, making it highly pertinent to researchers, academics, practitioners, government lawyers, policymakers and government administrators in the fields of sociology and law with a special interest in family law and the FJS.
Research Handbook on Fundamental Concepts of Environmental Law (Research Handbooks in Environmental Law series)
This expanded and updated Research Handbook delivers an authoritative and in-depth guide to the conceptual foundations of environmental law. It offers a nuanced reflection on the underlying principles by exploring issues such as human rights, constitutional rights, sustainable development and environmental impact assessment within the context of environmental law.Perceptive contributions examine the emerging roles played by a range of concepts, values and objectives in environmental governance. The nature of these emerging concepts and their relationship with traditional rights and duties, which are typically reactive in nature, is of particular significance. New and revised chapters thoroughly examine the concepts at the heart of environmental law including sustainability, protection and climate change law. This second edition further illuminates key aspects of environmental governance through the lens of their underlying dimensions: the form, structure and language of international, regional and national instruments; the function of norms, objectives and standards; and the relevance of economic analysis and of integrated policy formulation.This discerning new edition will be an ideal read for all students and researchers in environmental law and governance. Furthermore, it will be essential reading and a valuable resource for policymakers, legal drafters and those wanting to understand the foundations of the modern environmental legal system.
Research Handbook on Global Capital Markets Law (Research Handbooks in Financial Law series)
This Research Handbook is a one-stop resource on global capital markets and the laws that regulate them. Focussing primarily on ‘mainstream’ capital markets, and framing them as an ecosystem in which the market players and regulators must co-exist, the chapters paint a canvas on which key cross-cutting themes are depicted, dissected and discussed.Featuring contributions from leading global experts, the Research Handbook delves into a range of issues including investment products such as equity finance; sustainable finance; fintech; impact investing; and private equity. It also provides analysis on institutional and procedural issues such as large and small companies' capital formation, the roles of institutional shareholders and information providers, and the practices and regulation of financial trading markets.International in scope, this Research Handbook will be of great value to scholars and practitioners in the field of financial law. It will also be a go-to source of information for policy makers in the financial markets sphere.
Research Handbook on Global Governance, Business and Human Rights (Research Handbooks on Globalisation and the Law series)
This essential Research Handbook provides a comprehensive and critical assessment of the global governance instruments related to business and human rights from an interdisciplinary perspective. Contributions from a diverse range of leading international scholars offer an overview of the existing literature and rapidly-evolving research discipline, as well as identifying key trends and outlining an ambitious future research agenda.The Research Handbook first examines governance initiatives that operate across economic sectors, discussing both public and private initiatives at state, regional and international levels that seek to develop, implement and enforce rules with regard to the impacts of transnational business activities on human rights. Chapters then investigate particular economic sectors – including textiles, electronics, agro-chemical, construction, and finance – to assess the ways in which different initiatives attempt to mitigate risks and address business-related human rights abuses.Scholars of law, regulatory governance, global governance, management, human rights and social sciences who are interested in gaining a deeper understanding of the emerging business and human rights regime will find this Research Handbook a crucial read. It will also prove a useful and thorough introduction for students, scholars and practitioners new to the field of business and human rights.
Research Handbook on Global Merger Control (Research Handbooks in Competition Law series)
Over the past 30 years, merger control has become well-established around the world with broad consensus around its ambit and objectives. That consensus has fractured in recent years. Enforcement today is at a critical juncture, facing an array of challenges and calls for reform unprecedented in their scope and intensity.Authored by leading legal practitioners, economists, enforcers and jurists, this timely Research Handbook on Global Merger Control discusses various critiques that have been made and considers an array of jurisdictional, procedural, substantive and other issues that are generating intense debate across the antitrust community. These include the scope and objectives of merger control, whether merger control can be reconciled with industrial policy, whether the consumer welfare standard is an appropriate tool for substantive assessment, whether merger control should be used to meet broader policy objectives, and whether existing rules and presumptions are appropriate for the digital age.This Research Handbook will be of great value to anyone interested in global merger control, digital markets, industrial policy and the role of public interest considerations. It provides an excellent tool for academics and practitioners looking to gain a rounded view of current issues in global merger control and an understanding of how enforcement is likely to evolve.
Research Handbook on Human Rights and Humanitarian Law: Further Reflections and Perspectives (Research Handbooks in Human Rights series)
Providing up-to-date discussions of both evolving and novel debates in human rights law and humanitarian law, this timely new edition of the Research Handbook on Human Rights and Humanitarian Law complements, rather than replaces, its predecessor with fresh perspectives from leading scholars on the controversial and crucial topics within these fields.Examining the application of international law to armed conflict situations, contributors present contemporary reflections on a variety of issues that have evolved and emerged in recent years. Chapters integrate a multitude of converging and diverging perspectives on international law in armed conflict, giving voice to stakeholders from academic, humanitarian, judicial, and military backgrounds. Grounded in the results from extensive cutting-edge research on various topics pertaining to the interplay between human rights law and humanitarian law, this Research Handbook illuminates the role of international law in topics such as counterterrorism, tribunals, detention and detainee transfer, sexual and gender-based violence, and torture.Breaking down major and recent international and domestic jurisprudence in an accessible format, this Research Handbook will prove invaluable to students and scholars of human rights and international humanitarian law. With practical examples, it will also act as a useful reference guide to practitioners and humanitarian workers in the field.
Research Handbook on Human Rights and Poverty (Research Handbooks in Human Rights series)
This important Research Handbook explores the nexus between human rights, poverty and inequality as a critical lens for understanding and addressing key challenges of the coming decades, including the objectives set out in the Sustainable Development Goals. The Research Handbook starts from the premise that poverty is not solely an issue of minimum income and explores the profound ways that deprivation and distributive inequality of power and capability relate to economic, social, cultural, civil and political rights. Leading experts in the human rights field representing a range of disciplines outline a future research agenda to address poverty and inequality head on. Beginning with an interrogation of the definition of poverty, subsequent chapters analyse the dynamics of poverty and inequality in relation to matters such as race, gender, age, disability, sexual orientation, geography and migration status. The rights to housing, land, health, work, education, protest and access to justice are also explored, with a recognition of the challenges posed by corruption, climate change and new technologies. The Research Handbook on Human Rights and Poverty is an essential reference guide for those who teach in these areas and for scholars and students developing future research agendas of their own. This will also be a much-needed resource for people working practically to address poverty in both the Global North and Global South.
Research Handbook on Implementation of Human Rights in Practice (Research Handbooks in Human Rights series)
Building upon the growing body of scholarship on the factors and actors that influence the extent to which states implement human rights law, this cutting-edge Research Handbook takes an interdisciplinary approach to exploring the roles of actors within supranational human rights bodies, the decisions and judgements they make, and the tools they use to facilitate human rights implementation.Eminent scholars and practitioners in the field reflect on why states implement, or fail to implement, obligations and decisions from the supranational level. The Research Handbook reviews the relevant terminology, recent trends, and the theoretical and methodological perspectives and strategies, before rethinking these explanations and offering original scholarship on human rights implementation. Chapters then consider the roles and interplay of various domestic and international actors involved in human rights implementation, including parliaments, national courts, civil society and treaty bodies. The Research Handbook concludes by assessing tools of implementation, including monitoring systems, the role of negotiations and diplomacy, compliance hearings, and the use of IT for compliance.Exploring the entire process of human rights law implementation from recommendation to execution to follow up, this comprehensive Research Handbook will be an invaluable resource to students, scholars and practitioners interested in the decisions and judgements behind the implementation of human rights law.
Research Handbook on Information Law and Governance (Research Handbooks in Information Law series)
This fresh and insightful Research Handbook delivers global perspectives on information law and governance, delving into principles of information law in the areas of trade secrecy, privacy, data protection and cybersecurity.Providing US, Japanese and European perspectives, this Research Handbook presents an overview of legal regimes concerning the protection of information, with a particular focus on trade secrecy protection. Top international contributors offer analyses of general principles of information law, rights in data, the tension between trade secrecy and the freedom of information and the cross-fertilisation between national and regional data protection regimes.Presenting an interdisciplinary and holistic approach to information law and governance, this innovative Research Handbook will be useful to those researching trade secrets, privacy and data security laws. The broad range of perspectives will also appeal to attorneys and information professionals who are engaged in information governance activities on behalf of their clients or employers.
Research Handbook on Information Systems and the Environment (Research Handbooks in Information Systems)
This comprehensive Research Handbook provides international perspectives on the role of information systems in environmental sustainability, drawing on groundbreaking research from leading scholars to predict future trends.This Research Handbook presents in-depth studies on green information systems which utilise a diverse range of approaches and methods, including reviews of previous literature, experimental studies, surveys, and interviews. Chapters focus on the development and promotion of energy informatics, the use of digital technologies in the implementation of a circular economy, and the role of information systems in supporting the integration of renewable energy. This Research Handbook further analyses the ways in which digital nudging, demand response, and the impact of psychological ownership can influence consumer behaviour and encourage sustainable consumption. Tackling the issues facing information systems and the environment on an individual, organisational, and societal scale, this Research Handbook will be crucial reading for students and scholars in business ethics, environmental management, information systems, and management and sustainability. It will also be beneficial for practitioners in business management and corporate social responsibility who are interested in environmental sustainability.
Research Handbook on Intellectual Property and Artificial Intelligence (Research Handbooks in Intellectual Property series)
This incisive Handbook offers novel theoretical and doctrinal insights alongside practical guidance on some of the most challenging issues in the field of artificial intelligence and intellectual property. Featuring all original contributions from a diverse group of international thought leaders, including top academics, judges, regulators and eminent practitioners, it offers timely perspectives and research on the relationship of AI to copyright, trademark, design, patent and trade secret law.The Handbook is divided into four thematic parts, beginning with topics that address the intersection of IP and AI broadly before focusing on issues associated with specific types of IP. Chapters tackle critical legal questions, from issues with protecting AI-generated ourput to the impact of AI on how trademarks are used, offering valuable lessons on technology regulation and how technological evolution will disrupt existing legal frameworks.Scholars and students of intellectual property law and its intersections with AI and related technologies will find this Handbook ’s cutting-edge contributions to be a crucial read. Its guidance on the practical legal implications of technological advances will also be of interest to IP practitioners, as well as policymakers and regulators.
Research Handbook on Intellectual Property and Cultural Heritage (Research Handbooks in Intellectual Property series)
This important Research Handbook offers a comprehensive analysis of the intersections between intellectual property (IP) and cultural heritage law. It explores and compares how both have evolved and sometimes converged over time, how they increased tremendously in significance, as well as in economic value, despite the fact that the former mainly pertains to the private sphere, whilst the latter is considered a ‘common good’.Featuring an excellent combination of contributions from leading experts, chapters offer insights into relevant cutting-edge issues that still remain unsettled. Divided into three main parts, it focuses on how IP can work as a tool for cultural heritage protection and, in particular, intangible cultural heritage, and discusses the politics and policies in this area, including whether such protection is fit for purpose. The final section explores special issues of intersection between the two, making it relevant to cultural heritage institutions such as museums, galleries, auction houses, libraries, and platforms, including issues of cultural heritage and IP management.Encompassing the latest developments and debates in the area, this Research Handbook will be key reading for academics, postgraduate students, and researchers in the fields of cultural heritage and art law, cultural heritage management, and intellectual property law. It will also be relevant for practitioners, policymakers, cultural heritage institutions, and content platforms.
Research Handbook on Intellectual Property and Investment Law (Research Handbooks in Intellectual Property series)
This innovative Research Handbook explores the complex and controversial interactions between intellectual property (IP) and investment law. In light of recent developments at national, European and international levels, the chapters critically examine the legitimacy of current practices with regard to the social function of IP rights and the regulatory autonomy of States to undertake measures in the public interest. Internationally renowned contributors analyse high profile cases in the framework of global legal forums and agreements, such as the Global Agreement on Tariffs and Trade and the WTO. Exploring the significance of fundamental human rights and ethical concerns, this Research Handbook will provide critical insight into intellectual property law, particularly with respect to the protection of IP as an investment, and its adjudication in the context of investor-state dispute settlement (ISDS) mechanisms. Comprehensive and engaging, academics and higher-level students working on intellectual property, investment law, European law and international law, will benefit from this Research Handbook. Specialized lawyers and practitioners, as well as organizations or governments involved in IP regulation, will also take advantage from its insight.
Research Handbook on Intellectual Property and Moral Rights (Research Handbooks in Intellectual Property series)
This comprehensive Research Handbook examines moral rights since their establishment in the 19th century and considers the roles they play in the 21st century in relation to the technological environment in which copyright exists. Drawing together rich perspectives on intellectual property law around the world, this Research Handbook provides new insights on the traditional issues of moral rights and analyses more recent challenges in copyright law, patent law, and trademark law. Chapters explore feminist theories of moral rights, the intellectual creations underlying trademarks, artificial intelligence and moral rights, as well as the protection of moral rights in China, Greece, Japan, and Latin America, among other regions. The Research Handbook also examines economic and other non-legal perspectives, as well as authors’ perspectives on what copyright and moral rights protection means to them. With contributions from both academic scholars and practising lawyers, this Research Handbook is a unique resource that will be essential reading for scholars and students in intellectual property, and for all those with an interest in copyright law.
Research Handbook on Intellectual Property Rights and Arbitration (Research Handbooks in Intellectual Property series)
The Research Handbook on Intellectual Property Rights and Arbitration explores the complementary relationship between state court adjudication and arbitral proceedings in the context of intellectual property rights. Presenting contemporary research and insight into the scholarly debates on the topic, it provides a comprehensive overview of arbitrating intellectual property disputes on an international scale.Bringing together an array of distinguished academics and professionals from across the globe, the central theme of this Research Handbook is the relationship between intellectual property and arbitration in general. Individual chapters consider such questions as the arbitrability of intellectual property disputes, suitable arbitration bodies, and the protection of trade secrets in arbitral proceedings. Specific fields of intellectual property arbitration such as licensing, copyright and domain name disputes are deftly considered alongside investor-state dispute settlement, whilst national perspectives on intellectual property arbitration are also surveyed.Both incisive and authoritative, this Research Handbook will prove essential for researchers and students who are interested in intellectual property law and dispute resolution. Legal practitioners active in arbitrating intellectual property disputes will similarly benefit from the applied nature of the text.
Research Handbook on International Abortion Law (Research Handbooks in Law and Society series)
The Research Handbook on International Abortion Law provides an in-depth, multidisciplinary study of abortion law around the world, presenting a snapshot of global policies during a time of radical change. With leading scholars from every continent, Mary Ziegler illuminates key forces that shaped the past and will influence an unpredictable future.In addition to basic, fundamental concepts, this Research Handbook offers valuable insight into new developments in law and medical practice, from medication abortion to the rise of illiberal democracy, and explores the evolution of social movements for and against illegal abortion in a wide variety of national contexts. This is a crucial reference for students, scholars, professors, and policymakers interested in the complexities of abortion law and politics, and the influences that are crossing borders and shaping the present moment.
Research Handbook on International Arms Control Law (Research Handbooks in International Law series)
This Research Handbook provides a broad yet detailed treatment of international arms control law. It takes stock of existing arms control agreements, addresses current challenges and aims to indicate avenues for the future development of this distinct branch of public international law. Split across nine thematic parts, this comprehensive Handbook goes beyond the pure encyclopaedic approach by providing analytical and doctrinal guidance. Chapters provide extensive analysis of international arms control law, addressing both conventional weapons and new technologies, contextualising arms control law and politics through identifying actors, forums and regulatory approaches. The impressive list of contributors also explore geographical zones of arms control including Africa, Asia, Europe and Latin America. Investigating both complex theoretical and recent practical approaches into arms control law, this Research Handbook will be an ideal read for interested students and academics as well as practitioners involved in conflict, security and international law.
Research Handbook on International Child Abduction: The 1980 Hague Convention (Research Handbooks in Family Law series)
With a focus on the 1980 Hague Convention, this cutting-edge Research Handbook provides a holistic overview of the law on international child abduction from prevention, through voluntary agreements and Convention proceedings, to post-return and aftercare issues.Discussing the repercussions of abduction from the perspectives of both abducted children and the therapeutic and family justice professionals engaged in their cases, chapters consider the contributions of the many professionals and key agencies involved in the field. Identifying the 1980 Hague Convention as the principal global instrument for dealing with child abduction, the Research Handbook traces its role, history, development and impact, alongside the mechanisms required for its effective use. Evaluating current trends, areas of concern in legal/judicial practice and various regional initiatives, it also considers alternatives to high-conflict court proceedings in international child abduction cases. The Convention’s strengths, successes, weaknesses and gaps are discussed, and the Research Handbook concludes by addressing how best to tackle the challenges in its future operation.Interdisciplinary and accessible in approach, the contributions from renowned subject specialists will prove useful to students and scholars of human rights and family law, international law and the intersections between law and gender studies, politics and sociology. Its combination of research, policy and practice will be of value to legal practitioners working in family law alongside NGOs and central authorities active in the field.
Research Handbook on International Claims Commissions (Research Handbooks in International Law series)
International claims commissions (ICCs) are unique dispute resolution mechanisms designed to be highly flexible and responsive to international crises. This timely Research Handbook explores the history of ICCs, how and why states create them, and the role of states and secretariats within them. Written by accomplished experts and past claims commission members to present a unique perspective on ICCs, this Research Handbook analyses past claims commissions including the Iran–US Claims Tribunal, the UN Compensation Commission, the Eritrea–Ethiopia Claims Commission and the Commission for Real Property Claims in Bosnia. Providing a comprehensive review of institutional design issues, this Handbook examines the challenges associated with mass claims processes, diplomatic protection, domestic liability, and enforcement as well as how to address them. Looking ahead to the future, the contributing authors propose innovative ways in which claims commissions could be used to address contemporary challenges such as the Russian invasion of Ukraine, the construction of the wall in Occupied Palestinian Territory, climate change and environmental law disputes. This thought-provoking Research Handbook will be a fundamental research resource for scholars and students of public international law and international dispute resolution. It will also provide practical advice for international arbitration experts, policy makers, and officials in international organisations.
Research Handbook on International Commercial Contracts (Research Handbooks in Private and Commercial Law series)
This comprehensive Research Handbook examines the continuum between private ordering and state regulation in the lex mercatoria. It highlights constancy and change in this dynamic and evolving system in order to offer an in-depth discussion of international commercial contract law. International scholars, from a range of jurisdictions and legal cultures across Africa, North America and Europe, dissect a plethora of contract types, including sale, insurance, shipping, credit, negotiable instruments and agency, against the backdrop of key legal regimes commonly chosen in international agreements. These include: the UN CISG, Unidroit PICC, European DCFR and English law. The Research Handbook examines key general principles in commercial contract law, such as interpretation, good faith, remedies for breach and choice of law clauses from an international perspective. It also engages with various emerging aspects of internet contracting, including smart contracts. Scholars and researchers working in the field of contract law, and international commercial contracts more specifically, will find this Research Handbook to be an indispensable guide. Practitioners seeking clear guidance will also benefit from its detailed coverage of specific research questions.
Research Handbook on International Corporate Social Responsibility (Research Handbooks in Business and Management series)
Presenting an in-depth look at cutting-edge research, this essential Research Handbook develops the current understanding of corporate social responsibility (CSR) and its implications on an international scale. Including contributions from leading academics, highly-informed practitioners, and non-governmental organization managers, it fully conceptualizes the implementation of CSR practices.This significant Research Handbook combines the work of over 60 authors to examine CSR from a wide variety of perspectives, offering observations through the lens of institutional theory, social activism, and within the context of specific case studies, such as Latin America. Chapters are presented in a universally accessible format that reflects their dual academic and non-academic applicability, constituting a vital and original reference tool for those actively researching in the field.This will be an important read for students and researchers studying CSR and wanting to stay up to date with recent research developments. Due to its analytical scope, it will additionally be useful for those working in private business as well as non-governmental organizations.
Research Handbook on International Environmental Law (Research Handbooks in International Law series)
This thoroughly updated and revised second edition combines practical and theoretical analyses to cover a wide array of cutting edge issues in international environmental law (IEL). The Research Handbook provides a comprehensive view of the complexity of IEL, both as a field in its own right, and as part of the wider system of international law.Expert contributors examine the key theories and concepts of IEL governance and provide an in-depth analysis of IEL principles, supplemented in this new edition by a consideration of the significant actors involved in international environmental law-making and governance. Chapters go on to discuss practical issues, such as dispute settlement and compliance, and analyse selected environmental protection regimes, as well as including a brand new section covering IEL litigation in relation to human rights and climate change.Providing a thorough examination of the major topics in the field, this Handbook will be an indispensable resource for scholars and students of international environmental law. Practitioners and policymakers will also find it useful for its coverage of developments in environmental litigation and the actors involved.
Research Handbook on International Food Law (Research Handbooks in International Law series)
With contributions from over 30 international legal scholars, this topical Research Handbook on International Food Law provides a reflective and crucial examination of the rules, power dynamics, legal doctrines, societal norms, and frameworks that govern the modern global food system. The Research Handbook analyses the interlinkages between producers and consumers of food, as well as the environmental effects of the global food network and the repercussions on human health. Chapters explore the development of food law and governance strategies, the regulation of novel foods, including insects, and the application of technology and science in food production, such as genetically engineered food. The insightful contributions examine the legal challenges facing the global food system and suggest practical recommendations for future research and reform. Providing a comprehensive and interdisciplinary perspective on the complex legal landscape of food production and consumption, this Research Handbook will be essential reading for students and scholars of food law, consumer law, public international law, and regulation and governance, as well as food system advocates, international lawyers, and policymakers.
Research Handbook on International Insurance Law and Regulation: Second Edition (Research Handbooks in Financial Law series)
This thoroughly revised second edition of the Research Handbook on International Insurance Law and Regulation provides an updated assessment of the insurance industry in an international context, featuring 30 chapters, of which half are new for this edition, written by expert academics and practising lawyers.Produced in association with Lloyd’s of London, chapters provide in-depth studies on key areas including judicial interpretation of insurance contract clauses and transnational regulatory recognition, as well as overviews on important international jurisdictions such as the EU, Japan and the US. This comprehensive second edition critically analyses how insurance law and regulation have responded to the growth in sophisticated technology, the burgeoning climate crisis, and the development of new insurance structures.This Research Handbook will appeal to legal students and academics, particularly those with an interest in commercial law, finance and banking law, and insurance law. This book will also be beneficial for policymakers and private practice lawyers working in the commercial legal sector.
Research Handbook on International Law and Cities (Research Handbooks in International Law series)
This groundbreaking Research Handbook provides a comprehensive analysis and assessment of the impact of international law on cities. It sheds light on the growing global role of cities and makes the case for a renewed understanding of international law in the light of the urban turn.Written by a group of scholars from a wide range of different geographical and theoretical backgrounds, this Research Handbook contributes to a better understanding of the practice of cities in various fields of international law ranging from climate change over human rights and migration to security governance. Additionally, it offers reflections on how to account for this urban turn in the light of historical and cross-cutting theoretical perspectives from legal and non-legal scholarship alike.Combining doctrinal work and analysis of international practice with critical historical and theoretical contributions, this Research Handbook will be a must-have reference book for researchers and students in the field of international law as well as other disciplines, including human geography, urban studies, sociology and political science.