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Arbitration Clauses in Maritime Contracts
by Eleni MagklasiArbitration clauses are sacrosanct in maritime contracts. Standard forms of charterparties and bills of lading reflect a desire to trade over the trusted dispute resolution choice of arbitration. However, when incorporating arbitration clauses, disputes and interpretational complexities continue to arise evidencing that the law is not settled yet. This book introduces a holistic evaluation of the commercial reasons and the legal principles that permeate the incorporation of arbitration clauses in modern maritime contracts, contrasting arbitration with exclusive jurisdiction clauses, where appropriate.The book presents a modern specialised legal study of incorporation of arbitration clauses into maritime contracts, considering recent developments and long-established principles of incorporation.Offering a thorough research into English, European, and Chinese law, with the objective to assess how the incorporation of arbitration principles crystallises through the years, the book will be of interest to researchers, legal practitioners, and commercial parties.
Arbitration Clauses in Maritime Contracts
by Eleni MagklasiArbitration clauses are sacrosanct in maritime contracts. Standard forms of charterparties and bills of lading reflect a desire to trade over the trusted dispute resolution choice of arbitration. However, when incorporating arbitration clauses, disputes and interpretational complexities continue to arise evidencing that the law is not settled yet. This book introduces a holistic evaluation of the commercial reasons and the legal principles that permeate the incorporation of arbitration clauses in modern maritime contracts, contrasting arbitration with exclusive jurisdiction clauses, where appropriate.The book presents a modern specialised legal study of incorporation of arbitration clauses into maritime contracts, considering recent developments and long-established principles of incorporation.Offering a thorough research into English, European, and Chinese law, with the objective to assess how the incorporation of arbitration principles crystallises through the years, the book will be of interest to researchers, legal practitioners, and commercial parties.
The United Nations Programme on Crime Prevention and Criminal Justice
by Matti JoutsenThis book documents the evolution of the United Nations (UN) Crime Programme and its changing priorities, from the early focus on juvenile delinquency and correctional treatment, to the present preoccupation with transnational organized crime. It analyses what factors have contributed to this evolution, and to the shift from the original work on “soft law” resolutions and international standards, to “hard law” conventions, and to the expansion of technical assistance. It also examines the changing structure and working methods of the Programme, such as the UN Crime Commission and the UN Secretariat unit responsible for the Programme, the UN Crime Congresses, and the Programme Network Institutes. Drawing on almost 50 years of experience on the “inside” of the UN Crime Programme and his hands-on knowledge of the working of governmental and intergovernmental processes, Matti Joutsen explores the transitions that have taken place in the UN Crime Programme over the seven decades of its existence, assesses the changing impact of the Programme, and suggests possible future directions in international cooperation in crime prevention and criminal justice.An accessible and compelling read, this book will appeal to students and scholars of criminology, sociology, politics, criminal justice, policy makers, and those interested in the evolution of the UN Crime Programme.
The United Nations Programme on Crime Prevention and Criminal Justice
by Matti JoutsenThis book documents the evolution of the United Nations (UN) Crime Programme and its changing priorities, from the early focus on juvenile delinquency and correctional treatment, to the present preoccupation with transnational organized crime. It analyses what factors have contributed to this evolution, and to the shift from the original work on “soft law” resolutions and international standards, to “hard law” conventions, and to the expansion of technical assistance. It also examines the changing structure and working methods of the Programme, such as the UN Crime Commission and the UN Secretariat unit responsible for the Programme, the UN Crime Congresses, and the Programme Network Institutes. Drawing on almost 50 years of experience on the “inside” of the UN Crime Programme and his hands-on knowledge of the working of governmental and intergovernmental processes, Matti Joutsen explores the transitions that have taken place in the UN Crime Programme over the seven decades of its existence, assesses the changing impact of the Programme, and suggests possible future directions in international cooperation in crime prevention and criminal justice.An accessible and compelling read, this book will appeal to students and scholars of criminology, sociology, politics, criminal justice, policy makers, and those interested in the evolution of the UN Crime Programme.
The GANNI Playbook: How to Get Started Creating a Responsible Business
by Nicolaj Reffstrup Brooke Roberts-Islam'It’s Ganni’s journey from cult Scandi favourite to a leader in the sustainability space'Emily Chan, VogueThis book is about what happened when a business leader decided not to bury his head in the sand about climate change; when he found the conversation with his kids about floods from melting ice caps too painful. This book asks what it means to force yourself to take a different business path, where the destination is a responsible and profit-making business.In The GANNI Playbook, Nicolaj Reffstrup unveils the strategies that propelled GANNI to international stardom, while candidly unravelling the cultural, operational and creative components required to construct a business that embraces an uncertain future.'GANNI offers a blueprint for how to embed sustainability from within'Rachel Cernansky, Vogue Business'What's the secret to sustainable success? There is no secret. GANNI is willing to share. In fact, it’s doing exactly that'Rose Dodd, Sleek
Fixing the Climate: Strategies for an Uncertain World
by David G. Victor Charles F. SabelSolving the global climate crisis through local partnerships and experimentationGlobal climate diplomacy—from the Kyoto Protocol to the Paris Agreement—is not working. Despite decades of sustained negotiations by world leaders, the climate crisis continues to worsen. The solution is within our grasp—but we will not achieve it through top-down global treaties or grand bargains among nations.Charles Sabel and David Victor explain why the profound transformations needed for deep cuts in emissions must arise locally, with government and business working together to experiment with new technologies, quickly learn the best solutions, and spread that information globally. Sabel and Victor show how some of the most iconic successes in environmental policy were products of this experimentalist approach to problem solving, such as the Montreal Protocol on the ozone layer, the rise of electric vehicles, and Europe’s success in controlling water pollution. They argue that the Paris Agreement is at best an umbrella under which local experimentation can push the technological frontier and help societies around the world learn how to deploy the technologies and policies needed to tackle this daunting global problem.A visionary book that fundamentally reorients our thinking about the climate crisis, Fixing the Climate is a road map to institutional design that can finally lead to self-sustaining reductions in emissions that years of global diplomacy have failed to deliver.
The Sister: The extraordinary story of Kim Yo Jong, the most powerful woman in North Korea
by Sung-Yoon Lee'Ground-breaking' – Daily Mail‘In explaining the rise to power of Kim Yo Jong, Lee displays his deep knowledge and understanding of North Korea’s extreme, ruthless and self-obsessed dynastic autocracy, the creators and rulers of a de-facto nuclear weapon state. Not a reassuring story’ – Sir John Scarlett, former Chief of the Secret Intelligence Service (MI6)Written by Dr Sung-Yoon Lee, a scholar and specialist on North Korea who has advised the US government, The Sister is a jaw-dropping account of the spectacular rise of Kim Yo Jong, de-facto deputy to her brother, Supreme Leader Kim Jong Un, and the most powerful woman in North Korea.In 2022, in a particularly fiery speech, Kim Yo Jong threatened to nuke South Korea, reminding the world of the dangers posed by her state. But how did the youngest daughter of Dear Leader Kim Jong Il, his ‘sweet princess’, become the ruthless chief propagandist, internal administrator and foreign policymaker for her brother’s totalitarian regime?The Sister uncovers the truth about Kim Yo Jong, her close bond with Kim Jong Un and the lessons in manipulation they learned from their father. Lee also examines the iron grip the Kim dynasty has on their country, the grotesque deaths of family members deemed disloyal, and the signs that Kim Yo Jong has been positioned as her brother’s successor should he die while his own children are young.Readable and insightful, this book is an invaluable portrait of a woman who might yet hold the survival of her despotic dynasty in her hands.‘An incisive portrayal of North Korea’s "princess", Kim Yo Jong, but also a chilling portrait of a family dynasty that has oppressed and exploited North Korea for generation after generation’ – Max Boot, Washington Post columnist, author and senior fellow, Council on Foreign Relations
Irish Capital Gains Tax 2024
by Mr Tom Maguire"Given the depth of detail, the comprehensive treatment of the subject, and the clear explanations of each area of this important tax for practising solicitors, this is undoubtedly the reference book for Irish capital gains tax.” The Law Society Gazette (review of the 2020 edition). Provides in-depth analysis and interpretation of the law as it is applied to CGT by the Irish and UK courts as well as in Appeal Commissioners' decisions. It includes commentary on Revenue guidance, the administration of CGT as well as the computational rules and key reliefs and allowances. Topics covered range from the tax treatment of married couples, partnerships, companies and trusts to anti-avoidance. This new edition has been updated to take account of the Finance Act 2023. This title is included in Bloomsbury Professional's Irish Tax online service.
Forensic Toxicology: Mechanisms and Pathology
by Robert H. Powers Dorothy E. DeanDesigned for graduate and advanced undergraduate courses, this book goes beyond the simple analysis of naming a drug or toxin, taking a mechanistic approach to their effects on the body. It provides an understanding of the mechanisms of action of drugs and toxins as well as their physiologic and pathologic consequences on the affected organ system. Case histories, photographs of gross pathology, and photomicrographs further illustrate the processes and effects of toxic substances on the body.
Cross-Disciplinary Impacts on Insurance Law: ESG Concerns, Financial and Technological Innovation (AIDA Europe Research Series on Insurance Law and Regulation #8)
by Simon Grima Margarida Lima RegoThis book explores the insurance sector’s potential role, influence, and impact on society in light of new environmental, social, and governance (ESG) concerns. Furthermore, it looks into how financial and technological innovations help reshape insurance regulation and business models. Unlike their predecessors, 21st century insurers have a growing impact on cross-sector service provision by making available to their clients a wealth of expert knowledge and experience in data analytics. The book delves into insurers’ transition from suppliers of products – consisting of risk coverage or investment opportunities – to providers of various services, and ultimately to solution providers by partnering with their clients so as to prevent failure, optimize their clients’ operations and help them excel in their economic sector. Insurance regulations and policies can be affected by various factors, such as changes in the economy, technological advances, and shifting consumer preferences, to name a few. Additionally, the insurance industry can have a significant bearing on the wider economy, making it important for the industry to operate within a framework of comprehensive regulations.This book includes a diverse set of theoretical, empirical, and policy-oriented chapters on particular aspects of new trends and wider analyses leading to a more systematic understanding of the industry’s socio-economic role. It offers a mixture of chapters from insurance academics and professionals from different countries, cultures, and scientific backgrounds. The methodologies used are diverse, including legal, sociological, historical, economic and financial as well as interdisciplinary analyses. The book has a global scope, including chapters of a more global nature and others addressing particular jurisdictions on different continents, including Europe, Asia and North America.
Unbemannte Luftfahrtsysteme: Zivile Drohnen im Spannungsfeld von Wirtschaft, Recht, Sicherheit und gesellschaftlicher Akzeptanz
by Andreas Del Re Norbert Kämper Andreas Schoch Philipp ScheeleDrohnen sind längst von einer vielversprechenden Zukunftstechnologie zu einer etablierten Größe am Himmel geworden. Durch die zunehmenden Möglichkeiten ziviler Nutzung nimmt ihre Präsenz dabei immer noch zu, wodurch Fragen aufgeworfen werden, die schon heute beantwortet werden müssen. Neben den obligatorischen rechtlichen Fragen geht es dabei auch um den gesellschaftlichen Einfluss, den neue Technologie seit je her mit sich bringen. Welche rechtlichen Rahmenbedingungen sind nötig, wenn immer mehr Drohnen sich den Luftraum mit anderen Luftverkehrsteilnehmern teilen? Wie ist es um die Sicherheit, auch IT-Sicherheit bestellt, wenn zunehmend Drohnen über der Bevölkerung schweben? Welche ethischen Herausforderungen bringen unbemannte Systeme mit sich, die zunehmend autonom operieren? All jenen Fragen widmen sich die Autoren dieses Sammelbandes und schaffen so neue Zugänge und Perspektiven auf das Zukunftsthema der Unbemannten Luftfahrtsysteme.
Die Human Rights Sanctions der EU gegen staatliche Akteure: Eine europa- und völkerrechtliche Analyse
by Sarah WagnerAls Reaktion auf Menschenrechtsverletzungen in Drittstaaten verhängt die Europäische Union regelmäßig sog. targeted sanctions gegen die verantwortlichen staatlichen Akteure. Den sanktionierten Personen wird vorgeworfen, als Teil des Staatsapparates, sei es als Staatsoberhaupt, Regierungsmitglied oder Angehöriger der Sicherheitskräfte, Menschenrechtsverletzungen gegen die eigene Bevölkerung zu begehen. Zu diesen zählen in diesem Kontext insbesondere die Unterdrückung oppositioneller Bewegungen, aber auch allgemein die Untergrabung von Demokratie und Rechtsstaatlichkeit. Aus diesen Charakteristika ergeben sich sowohl auf europa- als auch völkerrechtlicher Ebene Besonderheiten, die eine nähere Betrachtung verdienen. Sarah Wagner nimmt in diesem Buch eine europa- und völkerrechtliche Bewertung von targeted sanctions der EU gegen staatliche Akteure aufgrund innerstaatlicher Menschenrechtsverletzungen vor.
Contextualising Legal Research: A Methodological Guide (Elgar Studies in Legal Research Methods)
by Wibren van der Burg Sanne TaekemaProviding a clear and concise guide to the practicalities of legal research, this informative book presents a methodological framework for law-in-context research design. It argues that legal scholarship relies on the interpretive and argumentative methods of the humanities, but also requires empirical input due to its focus on social reality. Contextualising Legal Research discusses core topics including research questions, methods, theoretical frameworks, evaluations and recommendations. It demonstrates how the contextualisation of doctrinal research is a gradual process: while sometimes researchers may include only the output of other disciplines, their research questions often require them to undertake more interdisciplinary research themselves. Ultimately, the book advocates a combination of doctrinal research, empirical disciplines and theoretical-normative perspectives, with extensive discussion on the contribution of the humanities to legal research. Promoting a practical examination of interdisciplinary doctrinal research, this book is an essential resource for master students and PhD candidates on research methods in law. It is also beneficial for researchers conducting doctrinal and interdisciplinary research.
The EU Geo-Blocking Regulation: A Commentary (Elgar Commentaries in Technology and Information Law series)
by Marketa TrimbleThis Commentary analyses the history, technology, uses, legality, and circumvention of geo-blocking, which affects customers and businesses both inside and outside the EU. Marketa Trimble examines each of the provisions of the 2018 EU Geo-Blocking Regulation, including provisions on non-discriminatory access to online interfaces, goods and services, and means of payment.Key Features:This Commentary analyses the history, technology, uses, legality, and circumvention of geo-blocking, which affects customers and businesses both inside and outside the EU. Marketa Trimble examines each of the provisions of the 2018 EU Geo-Blocking Regulation, including provisions on non-discriminatory access to online interfaces, goods and services, and means of payment.Key Features:Analyses each article of the 2018 EU Geo-Blocking Regulation in detailReviews the history of the legislative process of the Regulation in depthExplores the relationship between geo-blocking and other areas of law, particularly copyright law and competition lawOutlines the development of the EU Digital Single Market project, which led to the adoption of the Geo-Blocking RegulationSummarises the first review of the Regulation by the European Commission and tracks the implementation and enforcement of the RegulationThis Commentary is a comprehensive and essential resource for lawyers and judges who interpret and apply the EU Geo-Blocking Regulation, authorities that assist consumers who are covered by the Regulation, and policymakers and technology experts who work with the Regulation. It will appeal to students and researchers in commercial law, competition law, cyberlaw, EU law, intellectual property, and information and technology law.
Interdisciplinary Research Methods in EU Law: A Handbook (Handbooks of Research Methods in Law series)
This comprehensive Handbook provides a critical and analytical guide to the application of interdisciplinary research methods in EU law and explores the advancement of the EU legal landscape from an interdisciplinary research perspective. Venturing beyond doctrinal legal scholarship, it reflects on the cognitive synergies between EU law and other disciplines, and advances the debate on contemporary trends in EU law research.Bringing together a carefully selected group of expert authors, this Handbook surveys the ways in which studying and researching EU law has become an increasingly integrative endeavour. It presents key insights from fields traditionally associated with EU law, including history, economics and political science, but also disciplines traditionally less explored by EU lawyers, such as literature, social psychology and data science, thereby offering novel perspectives and epistemological tools that enrich our understanding of the EU and its laws. Showcasing the variety of research questions and methods advancing EU law studies, it provides a systematisation of the diverse approaches to studying the legal order of the EU.Interdisciplinary Research Methods in EU Law is essential reading for researchers, academics and graduate students of European law and politics, and for those interested in research methods in law. Think tanks, research institutes and practitioners of EU law and related areas will equally benefit from the applied nature of the text.
International Tax Disputes: Arbitration, Mediation, and Dispute Management
Bringing together global experts from diverse legal backgrounds, this comprehensive book offers a rigorous analysis of the complexity of resolving and preventing international tax disputes, covering arbitration, mediation, and dispute management.Analyzing the myriad challenges involved in international tax disputes, this book critically examines the OECD Two Pillar framework, the tax treaty Mutual Agreement Procedures, the OECD MLI arbitration rules, BIT investment arbitration on tax issues, as well as the EU Dispute Resolution Process.Key Features:Written by a team of leading international tax expertsUtilizes fresh insights and international perspectives on policy and administration, including viewpoints from emerging economies in Asia and Latin AmericaOutlines the practical strategies tax authorities and multinational corporate taxpayers may use in preventing, managing, and resolving tax disputes, including collaborative compliancePresenting an authoritative overview of international tax disputes, this book will be indispensable to practitioners in corporate and international tax, controversy and dispute specialists, and investment arbitration lawyers. It is also a crucial resource for scholars of tax law, fiscal policy, arbitration, litigation, and dispute resolution.
Research Handbook on International Family Law (Research Handbooks in Family Law series)
The Research Handbook on International Family Law brings together a carefully selected array of experts to address legal topics pertaining to family relationships in a cross-border context, and international family law disputes. It shows how this independent field of study has developed, and continues to develop, and adeptly surveys the practice and regulation of international family law.This Research Handbook presents critical perspectives on complex issues arising in the field of international family law. It adopts an international approach, considering a range of jurisdictions and perspectives, and shows that, as the number of international families increases, so too does the potential for cross-border, family law disputes. The Handbook provides a scholarly overview of current research in international family law, and the contributing authors offer critical analysis of topics such as legal parentage, intercountry adoption, habitual residence, parental responsibility, child and family relocation, international child abduction, forced marriage, and the financial and property consequences of adult relationships.This Research Handbook is an essential reference work for scholars and researchers of family law and private international law. Likewise, legal practitioners working in the international family law arena will benefit from this important resource due to its focus on research, policy and practice.
Rethinking Law and Religion (Rethinking Law series)
by Russell SandbergThis incisive book delineates the development of Law and Religion as a sub-discipline, critically reflecting on the author’s own role in constructing the field. It develops a subversive social systems theory in order to take both law and religion seriously and to challenge them equally.Russell Sandberg crafts a new agenda for academic scrutiny of the interaction between religion and the law. Sandberg criticises scholarship to date for focusing on the legal regulation of religion, which reduces the field to an academic sub-discipline in Law Schools. Instead, Sandberg argues for a re-conceptualisation of Law and Religion as an interdisciplinary interaction, comparing it to fields such as legal history and legal geography. He contends that Law and Religion should take on a critical perspective, interrogating the content, nature and purpose of law, and drawing from literature on law and race and law and gender.Provocative, personal and sometimes surprising, Rethinking Law and Religion is an illuminating read for students and scholars of law and society, legal theory, and sociology of law and philosophy.
Insolvency Practitioners: Appointment, Duties, Powers and Liability, Second Edition (Elgar Corporate and Insolvency Law and Practice series)
by Neil Levy Hugh Sims Rachel Lai Stefan Ramel Holly Doyle James Hannant Samuel Parsons Simon PassfieldThis thoroughly revised second edition provides a clear overview of the functions and liabilities of insolvency practitioners (IPs). It considers the circumstances in which IPs are appointed and their duties and powers, before offering a detailed investigation into their potential professional liabilities, as well as in-depth guidance to practitioners and advisers as to how claims might be framed and defended.Key Features:Examination of both reported case law and unreported cases from the authors’ own experiences to provide unparalleled insightDiscussion of tendentious matters such as aspects of remuneration and the latitude given to IPs in exercising their commercial judgementAnalysis of recent legislative developments including the Administration (Restrictions on Disposal etc. to Connected Persons) Regulations 2021 regarding ‘pre-packs’Consideration of "immunity" for office-holders on directions applications following the important decision of the Court of Appeal in Denaxe v Cooper (2023)Coverage of important Supreme Court cases such as Brake v The Chedington Court Estate Ltd (2023) on the question of standing to challenge trustees in bankruptcy and R (on the application of Palmer) v Northern Derbyshire Magistrates’ Court (2023) on whether administrators and liquidators are ‘officers’ of a company for all purposesConsideration of significant first instance decisions such as Re One Blackfriars Ltd (2021) on IP liabilities, Centenary 6 Ltd v TLT LLP (2023) on claims against administrators and liquidators, and Carraway Guildford (Nominee A) Ltd v Regis UK Ltd (2021) on the professional liability of a nominee in a CVAThis book is a crucial resource for insolvency practitioners and lawyers in insolvency practice, enabling them to effectively assist and advise IPs from appointment to discharge. It is also essential reading for postgraduate students and academics in corporate and insolvency law.
The Rule of Law Under Threat: Eroding Institutions and European Remedies (Elgar Studies in European Law and Policy)
Providing perspectives from different fields of study such as public policy and politics as well as legal analysis, this book highlights the rule of law as a fundamental value of the European Union, and examines how this is implemented throughout the Member States. The Rule of Law Under Threat explores empirical evidence and quantitative methods for studying the dynamics of this imperative legal principle in interdisciplinary research. Internationally renowned experts consider the rule of law in the context of previous and future accessions to the EU in Eastern and South-Eastern Europe, with particular focus on Hungary as one of the most recent and notorious cases of rule of law deficits in the EU. Finally, the book analyses the legal and political toolbox that the EU has at its disposal to counter the erosion of rule of law standards, including the Article 7 procedure, as well as strategies which recognise specific national discourses on and perceptions of the rule of law. Students and scholars in constitutional and administrative law, European law, law and politics, and legal history will benefit from this book’s multidisciplinary approach to the rule of law. It is also an essential resource for practitioners and decision-makers in EU nations as well as candidate countries.
Technology and Security for Lawyers and Other Professionals: The Basics and Beyond (Elgar Guides to Professional Skills for Lawyers)
by W. Kuan HonTechnology proficiency is now a necessity for most professionals. In this very practical book, W. Kuan Hon presents a comprehensive foundational guide to technology and cybersecurity for lawyers and other non-technologists seeking a solid grounding in key tech topics. Adopting a multidisciplinary approach that elucidates the high-level basics then goes a step beyond, Hon clearly explains core technical computing subjects: hardware/software, computing models/APIs, data storage/databases, programming, networking including Internet/web, email and mobile, and artificial intelligence/machine learning including LLMs, detailing cybersecurity essentials like encryption/hashing, public key infrastructure, digital signatures and PETs and flagging various security/privacy-related aspects throughout. Concrete examples help to consolidate understanding and illustrate the practical issues.Key Features:Direct, engaging writing styleConcise, accessible explanations of key computing-related conceptsHighlights fines/legal action regarding specific security/tech-related issuesCompanion PDF contains several ‘try-it-yourself’ illustrations and further informationProvides an excellent framework for interpreting and applying laws/regulations on technology/communications, privacy/data protection, security and/or AI/MLThis book is an indispensable learning and reference work for professionals practising in technology/communications, privacy/security and/or data laws and compliance, offering an in-depth grounding in technology fundamentals and key practical issues. Analysts/consultants, compliance managers, policymakers/lawmakers and regulators/judges will also benefit from this book.
Research Handbook on Intellectual Property Rights and Inclusivity (Research Handbooks in Intellectual Property series)
This insightful Research Handbook discusses how exclusive intellectual property rights can affect inclusivity within individual, community and business contexts. It employs urban and rural frameworks to provide a multidimensional view of contemporary inclusivity and its relationship with intellectual property. The Research Handbook on Intellectual Property Rights and Inclusivity brings together a carefully selected array of international experts to explore the significant challenges faced when fostering equal treatment for individuals and organisations, including freedom of expression disputes and potential difficulties when providing smaller platforms with market access. Contributors offer invaluable insight on the use of contracts as potential tools for inclusivity, and how enforcement can impact the well-being of diverse businesses, ranging from pharmaceutical ventures to insurance. Ultimately, this timely Research Handbook expresses how intellectual property rights impede on inclusivity to a significant degree. This Research Handbook will be imperative for academics and students focusing on commercial inclusivity, discrimination law and the legal dimensions of intellectual property. Due to its detailed analysis of methodology, it will also be a significant resource for researchers in these areas.
Research Handbook on Family Property and the Law (Research Handbooks in Family Law series)
This pivotal Research Handbook analyses the interconnectedness of family property and the law through historical, contemporary, comparative and jurisdiction-specific lenses. Authors analyse some of the most well-known, contested and politicised legal developments in the field of family property law. Bringing together leading international scholars, the Research Handbook on Family Property and the Law considers the key policy issues that impact family property entitlement, including the extent to which wealth, class and race influence its distribution. It explores the defining features of family property, such as how it is conceptualised, created and legally recognised, and how it has evolved over time. Authors examine the recipients, recognition and redistribution of family property, queer perspectives on property protections in marriage and other registered partnerships, and family property law in a variety of regions including Africa, Asia, Australasia, the Caribbean, Europe and North America. This comprehensive Research Handbook will be a vital resource for academics and students specialising in family law, human rights law, property law, social policy and succession law. It will also benefit legal practitioners and national and international policymakers in the field.
How to Account for Trauma and Emotions in Law Teaching (How To Guides)
Subverting the narrative that the legal profession must be austere and controlled, this prescient How To guide addresses the crucial need for holistic, trauma-centered law teaching. It advocates for a healthier, more inclusive profession by identifying strategies to engage, and even encourage, emotions within legal education.Proponents of trauma-centered pedagogy, co-editors Mallika Kaur and Lindsay M. Harris bring together a diverse set of legal academics from a range of subject areas to examine the need for trauma-centered pedagogy. Diverse subject matter experts, clinical and non-clinical, critically analyse a multitude of educational techniques within the law classroom, including the use of violent imagery, simulation, and the Socratic method. Chapters explore pedagogical methods that consider the emotional responses of the professor and student, advocating for more attentive and sensitive methods of teaching law. Courses which address stereotypically emotive topics such as domestic violence law are considered along with courses usually deemed non-emotional such as civil procedure.How to Account for Trauma and Emotions in Law Teaching is a vital reference point for legal educators who aim to create meaningful spaces for engagement within legal training. Ultimately, it proves a thought-provoking read for lawyers and law students, as well as trauma professionals and those working with the legal system.
Research Handbook on Climate Change Litigation (Research Handbooks in Climate Law series)
This Research Handbook provides a comprehensive depiction of the various stages, opportunities and challenges of climate change litigation at national and international levels from an innovative practice-oriented perspective. Bringing together expert authors from a range of legal backgrounds, the Research Handbook features contributions not only from experienced academics researching in the field, but also from strategic planning specialists and legal coordinators for organizations involved in climate-related litigation. It follows the entire journey of climate-related disputes, from an examination of the approaches and decisions made before initiating legal proceedings, through the various procedural and legal hurdles and challenges during proceedings, to an exploration of the post-litigation challenges that may arise. The climate litigation process is also analyzed in the context of different international forums, such as the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS), and the World Heritage Convention, among others. The Research Handbook on Climate Change Litigation is a vital resource for scholars and students in arbitration and dispute resolution, climate change law and environmental law. Practitioners such as judges, lawyers, legal advisers for NGOs and public servants in administration will also find this book beneficial.