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Cause Lawyering: Political Commitments And Professional Responsibilities
by Austin Sarat Stuart ScheingoldThis book is a cross-national study of lawyers who devote themselves to serving political causes. The essays collected here bring together the work of eighteen scholars, each of whom contributes a valuable portrait of lawyers who sacrifice financial advantage to use their professional skillsto promote their vision of a more just society.
The Causes of War: Volume V: 1800-1850
by Dr Alexander GillespieThis is the fifth volume in a series charting the causes of war from 3000 BCE to the present day,written by a leading international lawyer.While contextualised in the conflicts and patterns of the period, this work, as drawn directly from the treatiesand the negotiations which led up to them, shows what made both war and peace. The period covered inthis volume, 1800 to 1850, brings this series into the start of the modern world.
A Century of Anarchy?: War, Normativity, and the Birth of Modern International Order (The History and Theory of International Law)
by Hendrik SimonThe nineteenth century has been understood as an age in which states could wage war against each other if they deemed it politically necessary. According to this narrative, it was not until the establishment of the League of Nations, the Kellogg-Briand Pact, and the UN Charter that the 'free right to go to war' (liberum ius ad bellum) was gradually outlawed. Better times dawned as this anarchy of waging war ended, resulting in radical transformations of international law and politics. However, as a 'free right to go to war' has never been empirically proven, this story of progress is puzzling. In A Century of Anarchy?: War, Normativity, and the Birth of Modern International Order, Hendrik Simon challenges this narrative by outlining a genealogy of modern war justifications and drawing on scientific, political, and public discourses. He argues that liberum ius ad bellum is an invention created by realist legal scholars in Imperial Germany who argued against the mainstream of European liberalism and, paradoxically, that the now forgotten Sonderweg reading was universalized in international historiographies after the World Wars. A Century of Anarchy? is a compelling read for historians, jurists, political theorists, international relations scholars, and anyone interested in understanding the emergence of the modern international order. In this groundbreaking work, Simon not only artfully deconstructs the myth of liberum ius ad bellum but also traces the political and theoretical roots of the modern prohibition of war to the long nineteenth century (1789-1918).
Certainty and Ambiguity in Global Mystery Fiction: Essays on the Moral Imagination
Mystery fiction as a genre renders moral judgments not only about detectives and criminals but also concerning the cultural structures within which these mysteries unfold.In contrast to other volumes which examine morality in crime fiction through the lenses of personal guilt and personal justice, Certainty and Ambiguity in Global Mystery Fiction analyzes the effect of moral imagination on the moral structures implicit in the genre. In recent years, public awareness has attended to the relationship between social structures and justice, and this collection centers on how personal ethics and social ethics are bound together amidst the shifting moral landscapes of mystery fiction.Contributors discuss the interplay between personal guilt and social guilt – considering morality and justice on an individual level and at a societal level – using frameworks of certainty and ambiguity. They show how individual characters in works by Agatha Christie, Gabriel García Márquez, Natsuo Kirino, F.H. Batacan, and Stephen King, among others, may view their moral standing with certainty but clash with the established mores of their culture. Featuring essays on Japanese, Filipino, Indian, and Colombian mystery fiction, as well as American and British fiction, this volume analyzes social guilt and justice across cultures, showing how individuals grapple with the certainty, and, at times, the moral ambiguity, of their respective cultures.
Character, Circumstances, and Criminal Careers: Towards a Dynamic Developmental and Life-Course Criminology (Clarendon Studies in Criminology)
by Prof Per-Olof H. Wikstrom Prof Kyle Treiber Dr Gabriela RomanWhy do young people engage in acts of crime and what is it that drives their criminal careers? These are the key questions addressed in Character, Circumstances, and Criminal Careers which explores and explains people's criminal careers through adolescence into young adulthood. Guided by Situational Action Theory (SAT)'s Developmental Ecological Action (DEA) model, the work analyses longitudinal data from the Peterborough Adolescent and Young Adult Development Study (PADS+), testing various hypotheses about the causes and drivers of people's crime involvement and criminal careers. Character, Circumstances, and Criminal Careers makes an argument for a more dynamic Developmental and Life Course criminology (DLC) by theorising and exploring the relationship between individual characteristics and environmental features and their changes across adolescence and into young adulthood. The book considers whether childhood predictors, such as social disadvantage and social adversity, affect different trajectories of crime involvement. It also presents a special analysis of the age-crime curve and its explanation. The book includes the most recent and updated statement of Situational Action Theory and its DEA model, including comparisons between the basic assumptions and propositions of SAT and selected major criminological theories (social bond and self-control theories, differential association and learning theories, rational choice theory and the theory of moral disengagement). Character, Circumstances and Criminal Careers presents an original theory, a uniquely detailed contemporary longitudinal study, and novel research methods and analytical techniques, and applies these to derive innovative findings about the relationship between individual and environmental factors across a critical developmental period.
The Charter of the United Nations: A Commentary
by Bruno Simma Georg Nolte Daniel-Erasmus Khan Andreas PaulusSince the third edition of this commentary on the Charter of the United Nations was published in 2012, the text of the Charter has not changed DL but the world has. Central pillars of the international order enshrined in the UN Charter are facing serious challenges, notably the prohibition of the use of force. Human rights, too, have come under increasing pressure, now also from contemporary information technology. Global warming poses fundamental challenges for the world community as a whole in its effort to stabilize global ecosystems. Fully updated, the commentary takes up these and other developments. It features new chapters on Climate Change and the Human Rights Council. The commentary remains the authoritative, article-by-article account of the legislative history, interpretation, and practical application of each and every Charter provision. Written by a team of distinguished scholars and practitioners, this book combines academic research with the insights of practice. It is an indispensable tool of reference for all those interested in the United Nations and its legal significance for the world community. The Commentary will be crucial in combining solid legal foundations with new directions for the development of international law and the United Nations in the twenty-first century
The Charter of the United Nations: A Commentary
by Bruno Simma Georg Nolte Daniel-Erasmus Khan Andreas PaulusSince the third edition of this commentary on the Charter of the United Nations was published in 2012, the text of the Charter has not changed DL but the world has. Central pillars of the international order enshrined in the UN Charter are facing serious challenges, notably the prohibition of the use of force. Human rights, too, have come under increasing pressure, now also from contemporary information technology. Global warming poses fundamental challenges for the world community as a whole in its effort to stabilize global ecosystems. Fully updated, the commentary takes up these and other developments. It features new chapters on Climate Change and the Human Rights Council. The commentary remains the authoritative, article-by-article account of the legislative history, interpretation, and practical application of each and every Charter provision. Written by a team of distinguished scholars and practitioners, this book combines academic research with the insights of practice. It is an indispensable tool of reference for all those interested in the United Nations and its legal significance for the world community. The Commentary will be crucial in combining solid legal foundations with new directions for the development of international law and the United Nations in the twenty-first century
Chinese and Global Financial Integration through Stock Connect: A Legal Analysis (Hart Studies in Commercial and Financial Law)
by Professor Flora HuangThis significant and timely book explores a novel market mechanism, Stock Connect, which gives mutual market access to Chinese and international investors, and provides original analyses and fresh insights. This mechanism could become the new normal in future global financial integration.By examining this cross-border scheme from a regulatory perspective via a three-tiered analytical framework (investors, issuers and regulators), this book unearths the profound implications of Stock Connect to local and global financial markets and the legal impediments to its implementation. It covers a broad range of topics in this cross-boundary investment channel, including an overview of four existing connectivity arrangements (Shanghai-Hong Kong, Shenzhen-Hong Kong, Shanghai-London and China-Switzerland), the uniqueness of these connectivity arrangements, investor protection, regulations of connect issuers, regulatory cooperation and enforcement, the impacts on local and global financial markets, the implications for the world market connectivity as well as the challenges and future of Stock Connect.This pioneering study will appeal to a broad range of readers who are interested in the on-going reshaping of international financial systems and China's emerging influence in the international financial order.
Choice of Law and Recognition in Asian Family Law (Studies in Private International Law - Asia)
This thematic volume in the series Studies in Private International Law – Asia outlines the general choice of law and recognition rules relating to family matters of 15 Asian jurisdictions: Mainland China, Hong Kong, Taiwan, Japan, South Korea, Singapore, Malaysia, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Thailand, Sri Lanka and India. The book examines pressing questions and proposes ways in which their systems may be reformed. A concluding chapter considers the extent to which Asian cross-border family law systems can and should be harmonised.The book provides a comprehensive analysis of cross-border family law challenges, including child surrogacy, child abduction, the recognition of same-sex unions, the recovery of maintenance, and the regulation of intercountry adoption. These are among the matters now testing Asian institutions of private international law and acting as forces for their modernisation. With contributions by leading Asian private international law experts, the book proposes necessary reforms for each of the jurisdictions analysed as well as for Asia as a whole.
Civic Monitoring for Environmental Law Enforcement
by Anna Berti SumanThis book presents a thought-provoking inquiry demonstrating how civic environmental monitoring can support law enforcement. It provides an in-depth analysis of applicable legal frameworks and conventions such as the Aarhus Convention, with an enlightening discussion on the civic right to contribute environmental information. Civic Monitoring for Environmental Law Enforcement discusses multi- and interdisciplinary research into how civil society uses monitoring techniques to gather evidence of environmental issues. The book argues that civic monitoring is a constructive approach for finding evidence of environmental wrongdoings and for leveraging this evidence in different institutional fora, including judicial proceedings and official reporting for environmental protection agencies. It also reveals the challenges and implications associated with a greater reliance on civic monitoring practices by institutions and society at large. Adopting original methodological approaches to drive inspiration for further research, this book is an invaluable resource for students and scholars of environmental governance and regulation, environmental law, politics and policy, and science and technology studies. It is also beneficial to civil society actors, civic initiatives, legal practitioners, and policymakers working in institutions engaged in the application of environmental law.
Civil Wars: A Very Short Introduction (VERY SHORT INTRODUCTIONS)
by Monica Duffy ToftCivil wars are nasty, brutish, and long. Monica Duffy Toft introduces this complex and timely topic. Civil wars are the most common form of large-scale political violence. In the past thirty years, the study of civil wars has been one of the largest growing segments of the international relations field. Their causes are complex, ranging from fights over access to housing, jobs, and arable land or other resources, to political contests over offices, rights, and representation. Because civil wars tend to drag on, motives and relevant actors shift. Groups form, collapse, coalesce, align and realign, and then fight amongst themselves. Governments themselves change through elections, coups, military defeats, or revolutions. Understanding the origins of civil wars and their trajectories therefore demands some appreciation of the economic, political, social, cultural, and geographic order of societies. If there is one factor that best predicts why a civil war erupts, it is a prior civil war. That is why knowledge of a country's history of political violence, and associated narratives about who is to blame and why, are critical to understanding where a civil war might next occur. Do insurgents deserve the title of freedom fighters or are they simply criminals or terrorists? If contested resources can be readily divided, how is it that seemingly rational actors so often treat them as indivisible? What is it about identity, or identities, that seem so irreconcilable that they so often lead to an escalation to violence--including violence against noncombatants--and the collapse of governments? Theories about the causes, the nature, and the termination of civil wars have been adapted from both the international relations and comparative politics disciplines, and there are now many databases, cataloguing hundreds of cases of civil war, that enable sophisticated statistical analysis and formal modeling. As a result, we now have a better understanding of the conditions under which civil wars generally emerge, how the fighting evolves (sometimes involving interventions by external actors), and how civil wars end. However, historical understanding--the human dimensions--remain every bit as critical. This Very Short Introduction explores current debates on civil wars and how the reasons for fighting (and the nature of belligerents themselves) are changing.
Clearing OTC Derivatives in Europe (Oxford EU Financial Regulation)
by Bas Zebregs Victor De Seriere Rezah Stegeman Patrick PearsonClearing of OTC derivatives is an essential part of the financial market infrastructure, and performs a critical function catering for the need of market participants to hedge risks by using OTC derivatives. As a response to the financial crisis, central clearing has also added greater safety and transparency in the financial sector. Nevertheless, although the main risks have been addressed, they have not disappeared. Clearing OTC Derivatives in Europe provides a comprehensive and practical guide to the legal, regulatory, and operational aspects of the OTC derivatives clearing industry in Europe. This volume consists of six parts which provide an in-depth analysis of all relevant aspects of the entire operation of clearing OTC derivatives. Part I provides a general description of OTC Derivatives clearing as well as a detailed description of the development of the EU regulatory regime from an historical perspective also highlighting the global perspective. Part II discusses structural elements of OTC derivatives clearing including the various access models (incl. sponsored access), clearing mechanics (novation), collateral management, CCP governance, clearing documentation and capital requirements. Part III examines the CCP's default management, segregation and portability of client assets and CCP recovery & resolution. Part IV analyses the transaction chain including open access as well as the relationship with trading venues and settlement organisations. Part V addresses cross border issues and the consequences of Brexit for the OTC derivatives clearing industry. Part VI focusses on future developments including distributed ledger technology (DLT). Written by leading experts from across Europe and various disciplines including governmental and regulatory bodies, academics, law firms, and market practitioners, Clearing OTC Derivatives in Europe is an indispensable companion for anyone involved with financial market infrastructure and OTC derivatives.
Climate and Energy Law and Policy in the EU and East Asia: Transition and Policy Cooperation (Elgar Studies in Climate Law)
Greenhouse gas concentrations are rapidly increasing and as a result, fundamental economic transitions are needed to limit global warming. This essential book examines the climate and energy policies of selected jurisdictions in Europe and East Asia that have vowed to become carbon neutral.Climate and Energy Law and Policy in the EU and East Asia provides important analyses of the respective laws and policies of the European Union, China and South Korea, and also touches upon Japan. Accounting for 43% of global CO2 emissions, these jurisdictions are critical for success. While nations share a common goal, the way policy priorities are set, and the ways in which the climate crisis is managed, differ tremendously. Chapters examine different law and policy approaches, constraints and resulting implications for cooperation, thereby contributing to the climate and energy transition discussions and offering much-needed policy insights.This timely book will be of great interest to researchers, students and scholars focusing on climate and energy law and policy. It will additionally be beneficial for policymakers and government officials seeking to understand changes in energy policy.
Climate Change, Cattle, and the International Legal Order
by Rebecca WilliamsLivestock food systems need to be rapidly rethought to tackle the global climate crisis. This book examines how climate concerns for the livestock sector are governed in international law and addresses the sector's inclusion (or lack thereof) across the international governance of climate change, agriculture, forests and trade.The book provides a wide-ranging analysis of legal regimes at the international level that affect emissions from cattle (and where relevant, livestock more broadly). On this basis, tensions, interactions, and common themes for livestock emissions mitigation across the international climate change, forestry, agricultural and agri-trade regime are identified. This showcases where productive synergies and damaging tensions have emerged across the cross-cutting nature of livestock governance, enabling goals of fairer and more effective emissions mitigation for the sector to be achieved. In addition to addressing issues such as food security and public health, the book highlights the problem of affluence in reducing cattle emissions from meat consumption. This key insight is significant in terms of tackling future livestock emissions trajectories, particularly in relation to securing climate justice within the agricultural sector and securing equitable and effective livestock solutions. The book is a key text for all those with an interest in the legal governance of climate change and agriculture, adding to the timely debate on the future sustainability of the global diet and the relationship between affluence and climate change.
Climate Migration: Critical Perspectives for Law, Policy, and Research
This book investigates the epistemological and ethical challenges faced by studies exploring the relations between climate change and human migration. At the heart of the contemporary preoccupation with climate change is a concern for its societal impacts. Among these, its presumed effect on human migration is perhaps the most politically resonant, regardless of whether that politics is oriented towards human or national security.There is, however, a problem: research on the causal link between climate change and migration has shown it to be a highly equivocal one. By extension, it remains unclear what - if any - response is required from law and policy.Carefully structured to guide the reader through the issue of 'climate migration' in a logical and rigorous manner, this book is the first to bring together key critiques, caveats, and cautions in order to systematically examine the challenges facing law, policy, and research on the topic. At a time in which both the effects of climate change and the causes of migration are of great public and political interest, and in which these interests are often fraught with sentiment and freighted with politics, the book brings dispassionately critical perspectives to bear on a topic that desperately needs it.
The Clinic and the Court: Law, Medicine and Anthropology (Cambridge Studies in Law and Society)
by Tobias Kelly Ian Harper Akshay KhannaLaw and medicine can be caught in a tight embrace. They both play a central role in the politics of harm, making decisions regarding what counts as injury and what might be the most suitable forms of redress or remedy. But where do law and medicine converge and diverge in their responses to and understandings of harm and suffering? Using empirical case studies from Europe, the Americas and Africa, The Clinic and the Court brings together leading medical and legal anthropologists to explore this question.
Codifying Choice Of Law Around The World: An International Comparative Analysis
by Symeon C. Symeonides
Coherence between Data Protection and Competition Law in Digital Markets (Oxford Data Protection & Privacy Law)
by Klaudia MajcherIn digital markets, data protection and competition law affect each other in diverse and intricate ways. Their entanglement has triggered a global debate on how these two areas of law should interact to effectively address new harms and ensure that the digital economy flourishes. Coherence between Data Protection and Competition Law in Digital Markets offers a blueprint for bridging the disconnect between data protection and competition law and ensuring a coherent approach towards their enforcement in digital markets. Specifically, this book focuses on the evolution of data protection and competition law, their underlying rationale, their key features and common objectives, and provides a series of examples to demonstrate how the same empirical phenomena in digital markets pose a common challenge to protecting personal data and promoting market competitiveness. A panoply of theoretical and empirical commonalities between these two fields of law, as this volume shows, are barely mirrored in the legal, enforcement, policy, and institutional approaches in the EU and beyond, where the silo approach continues to prevail. The ideas that Majcher puts forward for a more synergetic integration of data protection and competition law are anchored in the concept of 'sectional coherence'. This new coherence-centred paradigm reimagines the interpretation and enforcement of data protection and competition law as mutually cognizant and reciprocal, allowing readers to explore, in an innovative way, the interface between these legal fields and identify positive interactions, instead of merely addressing inconsistencies and tensions. This book reflects on the conceptual, practical, institutional, and constitutional implications of the transition towards coherence and the relevance of its findings for other jurisdictions.
Collaborative Happiness: Building the Good Life in Urban Cohousing Communities (Life Course, Culture and Aging: Global Transformations #8)
by Catherine KingfisherUnderstudied relative to other forms of intentional community, and under-recognized in policy-making circles, urban cohousing communities situate wellbeing as simultaneously social and subjective, while catering for groups of people so diverse in age. Collaborative Happiness looks at two such urban cohousing communities: Kankanmori, in Tokyo; and Quayside Village, in Vancouver. In expanding beyond mainstream approaches to happiness focused exclusively on the individual, Quayside Village and Kankanmori provide an alternative model for how to understand and practice the good life in an increasingly urbanized world marked by crisis of both social and environmental sustainability.
Collaborative Happiness: Building the Good Life in Urban Cohousing Communities (Life Course, Culture and Aging: Global Transformations #8)
by Catherine KingfisherUnderstudied relative to other forms of intentional community, and under-recognized in policy-making circles, urban cohousing communities situate wellbeing as simultaneously social and subjective, while catering for groups of people so diverse in age. Collaborative Happiness looks at two such urban cohousing communities: Kankanmori, in Tokyo; and Quayside Village, in Vancouver. In expanding beyond mainstream approaches to happiness focused exclusively on the individual, Quayside Village and Kankanmori provide an alternative model for how to understand and practice the good life in an increasingly urbanized world marked by crisis of both social and environmental sustainability.
The Collected Documents of the Group of 77, Volume VII: Global Environmental Governance: Climate Change
by Mourad AhmiaThis volume features a collection of documents pertaining to the Group of 77's commentary and efforts on global climate governance beginning in the early 1990s and continuing through 2018. It provides a record of the Global South's coordination and joint positions in the climate arena, and its participation in discussions and negotiations at the United Nations, including the UN Framework Convention on Climate Change. Like the previous volumes in the series, Volume VII of The Collected Documents of the Group of 77 at the United Nations offers a unique selection of materials, some of which are unavailable in any other format. Since its founding in 1964, the Group of 77 has worked to provide a voice for developing countries so as to give greater resonance to their shared aspirations. Over almost six decades, the Group of 77 has solidified the Global South as a coalition of nations, aspiring for a global partnership for peace and development. Documenting the Global South's contributions to the ever evolving efforts to combat climate change, The Collected Documents of the Group of 77 Volume VII is a valuable record for diplomats, UN staff, and scholars of public international law and climate governance.
The Collective-Action Constitution (Theoretical Perspectives in Law)
by Neil S. SiegelThe United States Constitution was established primarily because of the widely recognized failures of its predecessor, the Articles of Confederation, to adequately address "collective-action problems" facing the states. These problems included funding the national government, regulating foreign and interstate commerce, and defending the nation from attack. Meeting such challenges required the states to cooperate or coordinate their behavior, but they often struggled to do so both inside and outside the Confederation Congress. By empowering Congress to solve collective-action problems, and by creating a national executive and judiciary to enforce federal law, the Constitution promised a substantially more effective federal government. An important read for scholars, lawyers, judges, and students alike, Neil Siegel's The Collective-Action Constitution addresses how the U.S. Constitution is, in a fundamental sense, the Collective-Action Constitution. Any faithful account of what the Constitution is for and how it should be interpreted must include the primary structural purpose of empowering the federal government to solve collective-action problems for the states and preventing them from causing such problems. This book offers a thorough examination of the collective-action principles animating the structure of the Constitution and how they should be applied to meet many of the most daunting challenges facing American society today.