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Reconsidering American Civil-Military Relations: The Military, Society, Politics, and Modern War
This book explores contemporary civil-military relations in the United States. Much of the canonical literature on civil-military relations was either written during or references the Cold War, while other major research focuses on the post-Cold War era, or the first decade of the twenty-first century. A great deal has changed since then. This book considers the implications for civil-military relations of many of these changes. Specifically, it focuses on factors such as breakdowns in democratic and civil-military norms and conventions; intensifying partisanship and deepening political divisions in American society; as well as new technology and the evolving character of armed conflict. Chapters are organized around the principal actors in civil-military relations, and the book includes sections on the military, civilian leadership, and the public. It explores the roles and obligations of each. The book also examines how changes in contemporary armed conflict influence civil-military relations. Chapters in this section examine the cyber domain, grey zone operations, asymmetric warfare and emerging technology. The book thus brings the study of civil-military relations into the contemporary era, in which new geopolitical realities and the changing character of armed conflict combine with domestic political tensions to test, if not potentially redefine, those relations.
The Reconstruction Amendments: The Essential Documents, Volume 2
Ratified in the years immediately following the American Civil War, the Thirteenth, Fourteenth, and Fifteenth Amendments to the United States Constitution—together known as the Reconstruction Amendments—abolished slavery, safeguarded a set of basic national liberties, and expanded the right to vote, respectively. This two-volume work presents the key speeches, debates, and public dialogues that surrounded the adoption of the three amendments, allowing us to more fully experience how they reshaped the nature of American life and freedom. Volume I outlines a broad historical context for the Reconstruction Amendments along with materials related to the Thirteenth Amendment, which abolished slavery, while Volume II covers the Fourteenth and Fifteenth Amendments on the rights of citizenship and enfranchisement. The documents in this collection encompass a sweeping range of primary sources, from congressional talks to court cases, public speeches to newspaper articles. As a whole, the volumes meticulously depict a significant period of legal change even as they illuminate the ways in which people across the land grappled with the process of constitutional reconstruction. Filling a major gap in the literature on the era, The Reconstruction Amendments will be indispensable for readers in politics, history, and law, as well as anyone seeking a better understanding of the post–Civil War basis of American constitutional democracy.
The Reconstruction Amendments: The Essential Documents, Volume 1
Ratified in the years immediately following the American Civil War, the Thirteenth, Fourteenth, and Fifteenth Amendments to the U.S. Constitution—together known as the Reconstruction Amendments—abolished slavery, safeguarded a set of basic national liberties, and expanded the right to vote, respectively. This two-volume work presents the key speeches, debates, and public dialogues that surrounded the adoption of the three amendments, allowing us to more fully experience how they reshaped the nature of American life and freedom. Volume I outlines a broad historical context for the Reconstruction Amendments and contains materials related to the Thirteenth Amendment, which abolished slavery, while Volume 2 covers the Fourteenth and Fifteenth Amendments on the rights of citizenship and enfranchisement. The documents in this collection encompass a sweeping range of primary sources, from congressional debates to court cases, public speeches to newspaper articles. As a whole, the volumes meticulously depict a significant period of legal change even as they illuminate the ways in which people across the land grappled with the process of constitutional reconstruction. Filling a major gap in the literature on the era, The Reconstruction Amendments will be indispensable for readers in politics, history, and law, as well as anyone seeking a better understanding of the post–Civil War basis of American constitutional democracy.
Recreating Creativity, Reinventing Inventiveness: AI and Intellectual Property Law (Law and Change)
As artificial intelligence (AI) is increasingly used to generate inventions and creative works, a critical question to be addressed is whether intellectual property (IP) laws should protect such works. This book examines the critical question of whether intellectual property laws should protect works generated by artificial intelligence.If we do not wish to use IP laws to protect such works, how can we still support research, development, and innovation in society? If we do wish to use IP laws to protect such works, should the copyright, patents, and other IP rights attach to the human creator of the AI technology or the AI system? The book explores these compelling societal, economic, and legal issues. The authors evaluate the continuing relevance of existing laws, explore the divergent approaches being debated by nations around the world, and present visions for change.The book will enable both lawyers and non-lawyers to reimagine governance frameworks to create laws that equitably balance the interests of creators, investors, and end users of AI-generated works.
Reformbaustelle Bundesstaat
Der Band befasst sich mit der Fragestellung, ob der Föderalismus in Deutschland in seiner jetzigen Form noch den Herausforderungen der Zukunft gewachsen ist, oder ob es weiterer, auch das Grundgesetz betreffender Reformen bedarf. Aufbauend auf einer Rückschau, die die einschneidenden Entwicklungen im deutschen Bundesstaat insbesondere vor dem Hintergrund bedeutender Grundgesetzreformen würdigt, folgt eine Bestandsaufnahme des aktuellen Zustands in den Bereichen Bildung, Innere Sicherheit und Integrationspolitik. Hierbei werden einerseits das Ausmaß an Wandel und Konstanz des deutschen Föderalismus ermittelt. Andererseits werden seine Leistungs- und Zukunftsfähigkeit sowie mögliche Reformbedarfe in international vergleichender Perspektive durch eine Analyse alternativer Föderalismusmodelle diskutiert.
Reforming Intellectual Property
Reforming Intellectual Property brings together 19 of the world’s leading scholars in the field to offer their unique insight into the future of intellectual property. Providing a diverse array of perspectives on the most pressing reforms needed in the current IP regime, whether in terms of legislation at national and international levels, or interpretation of existing law, this exceptional book highlights the key issues in this area and sets out an agenda for future research and policy.Examining the question of what changes to IP law and policy are most urgent and would have the most impact, chapters cover a wide range of subjects, with some focusing on specific topics such as the reform of non-traditional trademarks, or the fair use and research exemption in patent law. Other contributions take a broader approach, such as a reappraisal of performers’ rights in audio and audiovisual media that encompasses implications for creativity, welfare and ethics in the film industry, and a proposal for the creation of an International Intellectual Property Treaty.This book will prove to be crucial reading for all scholars and students of IP law, as well as policymakers and practitioners in the field. It will also be of interest to researchers working in related fields such as competition and human rights law for its intersecting analysis of these areas.
Reframing the Game: A Special Issue of Building Sustainable Legacies
Capitalism is fast approaching the tipping point into a new sustainable economy that will allow people and the planet to prosper. Pieces of a jigsaw are coming together and bringing into focus a picture of a new, vibrant, attractive and sustainable economic operating system. This quiet revolution is underway - if we could only allow it to flourish.This Special Issue of Building Sustainable Legacies brings together key voices in business and academia that show us how to accelerate towards this tipping point by exploring the role that business in society, responsible education, leadership techniques and legal reform will have in shaping the new sustainable economy.Including contributions from Paul Polman, Katrin Muff, Beate Sjafjell and Gabriele Zedlmayer, this outstanding collection proposes leading insights and innovative solutions to the challenge of creating new economies that work for people and the planet.
Refugee Law in Context:The Exclusion Clause
Both the 1951 Refugee Convention and the 1948 Universal Declaration of Human Rights clearly indicate those asylum seekers who should be excluded from refugee status, excluded from asylum. The refugee lawyer, in order to fully appreciate the importance and relevance of this principle, needs to look beyond refugee law proper. The insight needed for the decision whether or not to apply the so-called 'exclusion clause' is to be found elsewhere within the realms of international law: international humanitarian law, international criminal law and United Nations law. In this publication, contributors pay ample attention to developments in these related fields. Complemented with a wealth of relevant materials, including informative treaties, conventions and (draft-)resolutions on these very themes, this book is an indispensable guide for all those involved with asylum seekers, refugees and the upholding of the principles of refugee law. This collection amounts to a true Article 1F Handbook.
Refugees and Asylum Seekers: Interdisciplinary and Comparative Perspectives
This volume engages human rights, domestic immigration law, refugee policy in the United States, Canada, and Europe, and scholarship to examine forced migration, refugee resettlement, asylum seeker experiences, policies and programs for refugee well-being in North America and Europe.Given the recent "re-politicization" of forced migration and refugees in Europe and the U.S., this edited collection presents an in-depth, multi-dimensional analysis of the history of policies and laws related to the status of refugees and asylum seekers in the U.S., Canada, and Europe and the challenges and prospects of refugee and asylum seeker assistance and integration in the 21st century.The book provides rich insights on institutional perspectives critical to understanding the politics and practices of refugee resettlement and the asylum process in the U.S., Canada, and Europe, including international human rights and humanitarian law as well as domestic laws and policies related to forced migrants. Issues addressed include social welfare supports for resettled refugees; culturally responsive health and mental health approaches to working with refugees and asylum seekers; systemic failures in the asylum processing systems; and rights-based approaches to working with forced migrant children. The book also examines policy developments and strategies to advance the well-being and social inclusion of refugees in the U.S. and Europe.
Regional Accountability and Executive Power in Europe (Routledge Research in Constitutional Law)
This book discusses the major issues currently affecting the accountability of executive power in Europe. The work is divided into three parts. The first examines the territorial dimension including unitary, regional and federal. It discusses how territorial actors participate in strengthening or weakening the implementation of accountability of executive power in modern democratic States. The second part explores the links between national traditions and European accountability of executive power to establish a common European culture. The third and final part focuses on how to build a truly multidisciplinary approach to accountability of executive power and draws on legal, historical and political approaches. The volume will be an invaluable resource for researchers, academics and policy-makers in constitutional law and politics, public law, comparative law, legal history and government.
Regulating Audiovisual Services
In recent years, the changing nature of audiovisual services has had a significant impact on regulatory policy and practice. The adoption of digital technology means that broadcasting, cable, satellite, the Internet and mobile telephony are converging, enabling each of them to deliver the same kinds of content and allowing users to exercise much greater choice over the kind of material that they receive and when they receive it. The essays examine the implications for regulatory design, asking whether there is still a role for traditional-style state controls, or whether other techniques, such as competition in the market and self-regulation, are more appropriate. They also explore how, in the digital era, structural issues of media ownership and control become problems of access and interconnection between services and how content regulation focuses more on problems raised by the interactions between providers and users, the relationship between freedom of information and technologies to control it and the international reach of the new media.
Regulating Blockchain: Techno-Social and Legal Challenges
Less than a decade after the Financial Crisis, we are witnessing the fast emergence of a new financial order driven by three different, yet interconnected, dynamics: first, the rapid application of technology - such as big data, machine learning, and distributed computing - to banking, lending, and investing, in particular with the emergence of virtual currencies and digital finance; second, a disintermediation fuelled by the rise of peer-to-peer lending platforms and crowd investment which challenge the traditional banking model and may, over time, lead to a transformation of the way both retail and corporate customers bank; and, third, a tendency of de-bureaucratisation under which new platforms and technologies challenge established organisational patterns that regulate finance and manage the money supply. These changes are to a significant degree driven by the development of blockchain technology. The aim of this book is to understand the technological and business potential of the blockchain technology and to reflect on its legal challenges. The book mainly focuses on the challenges blockchain technology has so far faced in its first application in the areas of virtual money and finance, as well as those that it will inevitably face (and is partially already facing, as the SEC Investigative Report of June 2017 and an ongoing SEC securities fraud investigation show) as its domain of application expands in other fields of economic activity such as smart contracts and initial coin offerings. The book provides an unparalleled critical analysis of the disruptive potential of this technology for the economy and the legal system and contributes to current thinking on the role of law in harvesting and shaping innovation.
Regulating the Visible Hand?: The Institutional Implications of Chinese State Capitalism
The economic and geopolitical implications of China's rise have been the subject of vast commentary. However, the institutional implications of China's transformative development under state capitalism have not been examined extensively and comprehensively. Regulating the Visible Hand? The Institutional Implications of Chinese State Capitalism examines the domestic and global consequences of Chinese state capitalism, focusing on the impact of state-owned enterprises on regulation and policy, while placing China's variety of state capitalism in comparative perspective. It first examines the domestic governance of Chinese state capitalism, looking at institutional design and regulatory policy in areas ranging from the environment and antitrust to corporate law and taxation. It then analyses the global consequences for the regulation of trade, investment and finance. Contributors address such questions as: What are the implications of state capitalism for China's domestic institutional trajectory? What are the global implications of Chinese state capitalism? What can be learned from a comparative analysis of state capitalism?
Regulation 1/2003 and EU Antitrust Enforcement: A Systematic Guide
<span style="mso-bidi-font-family:"Times New Roman"; color:black;mso-ansi-language:EN-GB">For nearly twenty years, EU antitrust enforcement has been governed by Regulation 1/2003, which ushered in a sweeping reform of the procedures for the application of Articles 101 and 102 TFEU. This systematic article-by-article expert commentary on the Regulation, with additional perspectives and critical views by particularly experienced and qualified authors, provides an in-depth examination of the Regulation’s legal achievements, implications, and promise for the future. <p style="margin-bottom:0in;margin-bottom:.0001pt;background: white" class="MsoBodyText"> <span style="mso-bidi-font-family:"Times New Roman"; color:black;mso-ansi-language:EN-GB">Analysis of each of the Regulation’s articles covers such aspects as: <p style="margin-bottom:0in;margin-bottom:.0001pt;background: white" class="MsoBodyText"> <p style="margin-bottom:0in;margin-bottom:.0001pt;background: white" class="MsoBodyText"><span style="mso-bidi-font-family: "Times New Roman";color:black;mso-ansi-language:EN-GB">legislative history; <p style="margin-bottom:0in;margin-bottom:.0001pt;background: white" class="MsoBodyText"><span style="mso-bidi-font-family: "Times New Roman";color:black;mso-ansi-language:EN-GB">rationale and context; <p style="margin-bottom:0in;margin-bottom:.0001pt;background: white" class="MsoBodyText"><span style="mso-bidi-font-family: "Times New Roman";color:black;mso-ansi-language:EN-GB">practice of the Commission and, where relevant, of the national competition authorities; <p style="margin-bottom:0in;margin-bottom:.0001pt;background: white" class="MsoBodyText"><span style="mso-bidi-font-family: "Times New Roman";color:black;mso-ansi-language:EN-GB">case law of the Court of Justice of the European Union; <p style="margin-bottom:0in;margin-bottom:.0001pt;background: white" class="MsoBodyText"><span style="mso-bidi-font-family: "Times New Roman";color:black;mso-ansi-language:EN-GB">international aspects; and <p style="margin-bottom:0in;margin-bottom:.0001pt;background: white" class="MsoBodyText"><span style="mso-bidi-font-family: "Times New Roman";color:black;mso-ansi-language:EN-GB">outstanding and problematic issues. <p style="margin-bottom:0in;margin-bottom:.0001pt;background: white" class="MsoBodyText"> <span style="mso-bidi-font-family:"Times New Roman"; color:black;mso-ansi-language:EN-GB">Along with many of the article commentaries, ‘boxes’ have been added on specific issues of particular salience. The critical reflections of the book’s second part include perspectives from members and staff of the Court of Justice of the European Union and of the European Commission’s Directorate General for Competition and Legal Service,<span style="mso-fareast-font-family:"Times New Roman";mso-bidi-font-family: "Times New Roman";color:black;letter-spacing:.75pt;border:none windowtext 1.0pt; mso-border-alt:none windowtext 0in;padding:0in;mso-ansi-language:EN-GB"> heads of<span style="color:black;letter-spacing:.75pt;border:none windowtext 1.0pt; mso-border-alt:none windowtext 0in;padding:0in;mso-ansi-language:EN-GB"> <span style="mso-bidi-font-family:"Times New Roman";color:black; mso-ansi-language:EN-GB">national competition authorities and of national courts, counsel, economists, consumer organisations, and academics. There are also comparisons with various aspects of antitrust enforcement in France, Germany, the Netherlands, and the United States. <p style="margin-bottom:0in;margin-bottom:.0001pt;background: white" class="MsoBodyText"> <p style="margin-bottom:0in;margin-bottom:.0001pt;background: white" class="MsoBodyText"><span style="mso-bidi-font-family:"Times New Roman"; color:black;mso-ansi-language:EN-GB">With this unparalleled book, practitioners and in-house counsel, as<span style="mso-fareast-font-family: "Times New Roman";mso-bidi-font-family:"
Regulation of Commodities Trading
This book is the first to draw together the numerous different regulations which affect how commodities are traded in the EU. Having long been a largely deregulated industry, intense scrutiny in the aftermath of the global financial crisis has left commodities trading subject to a raft of harmonized regulations, many of which have yet to be finalized. Regulation of both the physical and the financial commodities markets is undergoing significant change and participants and their advisors are struggling to understand the changes in each jurisdiction as well as the cross-border implications. The book pulls together these various pieces of EU legislation and examines how they influence the way that commodities are traded in Europe. It also provides coverage of regulation at domestic level in key jurisdictions active in the marketplace, namely the UK, USA, Switzerland, and Singapore. Divided into eight sections, the book includes analysis of the commodities trading houses (including their motives and methods), the main trading venues, trading practices, and potential illicit practices and market abuses. Each section has a detailed transnational component in which the position in each specific jurisdiction is explained, drawing parallels and setting out the differences between these countries. This extremely topical publication is an essential reference work for all those advising on or researching the increasingly complex and globalized field of commodities trading.
Regulation of the EU Financial Markets: MiFID II and MiFIR (Oxford EU Financial Regulation)
This book provides a comprehensive and expert examination of the Markets in Financial Instruments Directive II, which comes into force in January 2018 and will have a major impact on investment firms and financial markets. It offers detailed guidance on interpretation of MiFID II, its measure and aims which include: to increase transparency; better protect investors; reinforce confidence; address unregulated areas; and ensure that supervisors are granted adequate powers to fulfil their tasks. After a thorough overview of the various innovative features of the new legislative framework in comparison with the former MiFID, the book's chapters are grouped thematically to cover the following areas: general aspects; investment firms and investment services; trading; supervision and enforcement; and reform perspectives. Offering high-quality analysis of both the theoretical and practical aspects of MiFID II, this book is an essential guide to this major EU legislation. It brings together the expert opinions of leading practitioners and legal and economic scholars with access to practice, providing a variety of perspectives on the new regime and the likely effect of the increased regulation.
Regulation on European Crowdfunding Service Providers for Business: A Commentary (Elgar Commentaries in Financial Law series)
This innovative Commentary boasts contributions from internationally renowned experts with extensive and diverse backgrounds, providing a comprehensive, critical, article-by-article and thematic analysis of the EU Regulation No 1503/2020 on European Crowdfunding Service Providers for Business (ECSPR). Chapters analyse Member States’ adaptation of their legal frameworks to the ECSPR, underlying similarities, divergences, additional problematic issues and residual regulatory fragmentation.Key Features:A theoretical and cross-sectoral approach to crowdfunding services and relative regulationsConstant comparison of ECSPR’s provisions with other similar or interrelated EU frameworksAn article-by-article and thematic analysis of the ECSPR, underlying its strengths, innovative characters and problematic aspectsAnalysis of the implementation of the ECSPR in different countries and adaptation of their legal frameworks, including France, Germany, Italy, Portugal, Spain, the Netherlands, Nordic countries and the Baltics The Commentary is a fundamental companion to the interpretation and application of the ECSPR which will appeal to a diverse range of readers. Academics, scholars, practitioners and professionals interested in financial regulation, EU law, technology law, business law, law of contracts, competition law, international law and comparative law will find this a beneficial resource.
Regulatory Insights on Artificial Intelligence: Research for Policy
This provocative book investigates the relationship between law and artificial intelligence (AI) governance, and the need for new and innovative approaches to regulating AI and big data in ways that go beyond market concerns alone and look to sustainability and social good. Taking a multidisciplinary approach, the contributors demonstrate the interplay between various research methods, and policy motivations, to show that law-based regulation and governance of AI is vital to efforts at ensuring justice, trust in administrative and contractual processes, and inclusive social cohesion in our increasingly technologically-driven societies. The book provides valuable insights on the new challenges posed by a rapid reliance on AI and big data, from data protection regimes around sensitive personal data, to blockchain and smart contracts, platform data reuse, IP rights and limitations, and many other crucial concerns for law’s interventions. The book also engages with concerns about the ‘surveillance society’, for example regarding contact tracing technology used during the Covid-19 pandemic. The analytical approach provided will make this an excellent resource for scholars and educators, legal practitioners (from constitutional law to contract law) and policy makers within regulation and governance. The empirical case studies will also be of great interest to scholars of technology law and public policy. The regulatory community will find this collection offers an influential case for law’s relevance in giving institutional enforceability to ethics and principled design.
Regulierung von Onlineglücksspielen (Glücksspielforschung)
Ob Prohibition, Staatsmonopol oder Lizenzsystem, der Schlüssel zu einer effektiven Regulierung des Onlineglücksspielmarktes ist die Rechtsdurchsetzung. Es werden die sehr unterschiedlichen Regulierungsmodelle von acht europäischen Ländern hinsichtlich ihrer Ausgestaltung und ihrer sozioökonomischen Auswirkungen untersucht und dabei drei große Spannungsfelder identifiziert: Individuelle Freiheit vs. Schutz der Bevölkerung, Regulierungsziele vs. Rechtsdurchsetzung, Anbieter- und Steuereinnahmen vs. Spielerschutz. Die verschiedenen Regulierungserfahrungen werden miteinander verglichen und Erkenntnisse insbesondere für die deutsche Situation herausgearbeitet.
Reimagining the International Legal Order (Law, Ethics and Governance)
International law is usually conservative, with lawyers and judges emphasizing consistency, stability and predictability as the major advantages of the law. Legal scholars often prefer not to challenge the status quo, to suggest amendments, or to reform institutions, advocating simply to focus on the implementation of the laws that already exist. This collection stands different. It shares the authors’ discomfort with the present legal order and some of its institutions and courts, and dives into either a corrective or a profound reimagination of these, so that they can better address rising global challenges. Leading experts in their areas present their new and cutting-edge perspectives. Divided into six parts, the volume paints a vast yet solid thematic landscape of unique and critical approaches. The book invites and allows for a deep engagement with a wide range of opinions from across the world. It enables a free and courageous reimagining of the international legal order, detached from the endless feasibility skepticism. The work will be fascinating reading for students, academics and researchers working in the areas of International Law and International Relations.
Religion and Ethics in the Neonatal Intensive Care Unit
Each year, neonatal Intensive care units (NICUs) in the U.S. and around the world help thousands of sick or premature newborns survive. NICUs are committed to the ideals of family-centered care, which encourages shared decision-making between parents and NICU caregivers. In cases of infants with conditions marked by high mortality, morbidity, or great suffering, family-centered care affirms the right of parents to assist in making decisions regarding aggressive treatment for their infant. Often, these parents' difficult and intimate decisions are shaped profoundly by their religious beliefs. In light of this, what precisely are the teachings of the major world religious traditions about the status and care of the premature or sick newborn? Few studies have grappled with what major religious traditions teach about the care of the newborn or how these teachings may bear on parents' decisions. This volume seeks to fill this gap, providing information on religious teachings about the newborn to the multidisciplinary teams of NICU professionals (neonatologists, advance practice nurses, social workers), as well as to parents of NICU patients, and students of bioethics. In chapters dealing with Judaism, Catholicism, Denominational Protestantism, Evangelical Protestantism, African American Protestantism, Sunni and Shi'a Islam, Hinduism, Buddhism, Navajo religion, and Seventh Day Adventism, leading scholars develop the teachings of these traditions on the status, treatment, and ritual accompaniments of care of the premature or sick newborn. This is an essential book that will serve as a first resort for clinicians who need to understand the religious dynamics influencing anyone making a difficult decision about her sick newborn.
Religion, Ethik und Politik: Auf der Suche nach der guten Ordnung (Politik und Religion)
Der Band widmet sich den Spezifika des Verhältnisses zwischen Religion, Ethik und Politik in der modernen Gesellschaft. Die versammelten Beiträge klären insbesondere, welche inhaltlichen Verbindungen und institutionellen Trennlinien der (säkulare) demokratische Rechtsstaat erlaubt bzw. auch verlangt. Ob die Politik dabei ihre eigene „Moral“ ausbilden muss, weil die ethische und religiöse Kardinalfrage nach dem „guten“ Leben ihren Bereich überfordert, wird anhand von zahlreichen aktuellen religionspolitischen Problemkreisen erörtert.Der InhaltReligion und „gute“ Politik • Religion in der „säkularen“ Demokratie • Empirische Anwendungsfälle und praktische Streitfragen Die HerausgebendenDr. Stefanie Hammer ist Politikwissenschaftlerin in Erfurt.Dr. Oliver Hidalgo ist Akademischer Oberrat a.Z. am Institut für Politikwissenschaft der WWU Münster und apl. Professor für Politikwissenschaft an der Universität Regensburg.
Religious Beliefs and Conscientious Exemptions in a Liberal State
The central focus of this edited collection is on the ever-growing practice, in liberal states, to claim exemption from legal duties on the basis of a conscientious objection. Traditional claims have included objections to compulsory military draft and to the provision of abortions. Contemporary claims include objections to anti-discrimination law by providers of public services, such as bakers and B&B hoteliers, who do not want to serve same-sex couples. The book investigates the practice, both traditional and contemporary, from three distinct perspectives: theoretical, doctrinal (with special emphasis on UK, Canadian and US law) and comparative. Cumulatively, the contributors provide a comprehensive set of reflections on how the practice is to be viewed and carried out in the context of a liberal state.
Religious Offences in Common Law Asia: Colonial Legacies, Constitutional Rights and Contemporary Practice (Constitutionalism in Asia)
This book provides in-depth comparative analysis of how religious penal clauses have been developed and employed within Asian common law states, and the impact of such developments on constitutional rights. By examining the theoretical and conceptual underpinnings of religious offences as well as interrogating the nature and impact of religious penal clauses within the region, it contributes to the broader dialogue in relation to religious penal clauses globally, whether in countries which practise forms of secular or religious constitutionalism. Asian practice is significant in this respect, given the centrality of religion to social life and indeed, in some jurisdictions, to constitutional or national identity. Providing rigorous studies of common law jurisdictions that have adopted similar provisions in their penal code, the contributors provide an original examination and analysis of the use and development of these religious clauses in their respective jurisdictions. They draw upon their insights into the background sociopolitical and constitutional contexts to consider how the inter-relationship of religion and state may determine the rationale and scope of religious offences. These country-by-country chapters inform the conceptual examination of religious views and sentiments as a basis for criminality and the forms of 'harm' that attract legal safeguards. Several chapters examine these questions from a historical and comparative perspective, considering the underlying bases and scope, as well as evolving objectives of these provisions. Through these examinations, the book critically interrogates the legacy of colonialism on the criminal law and constitutional practice of various Asian states.
Remaking Central Europe: The League of Nations and the Former Habsburg Lands (The History and Theory of International Law)
Over the last two decades, the "new international order" of 1919 has grown into an expansive new area of research across multiple disciplines. With the League of Nations at its heart, the interwar settlement's innovations in international organizations, international law, and many other areas shaped the world we know today. This book presents the first study of the relationship between this new international order and the new regional order in Central and Eastern Europe after the collapse of the Habsburg empire. An analysis of the co-implication of these two orders is grounded in four key scholarly interventions: understanding the legacies of empire in international organizations; examining regionalism in the work of interwar international institutions; creating an integrated history of the interwar order in Europe; and testing recent claims of the conceptual connection between nationalism and internationalism. With chapters covering international health, international financial oversight, human trafficking, minority rights, scientific networks, technical expertise, passports, commercial treaties, borders and citizenship, and international policing, this book pioneers a regional approach to international order, and explores the origins of today's global governance in the wake of imperial collapse.