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Contemporary Organized Crime: Developments, Challenges and Responses (Studies of Organized Crime #18)
by Hans Nelen Dina SiegelThis edited volume explores recent research and developments in the study of organized crime. It covers six key areas: drug-related issues; human trafficking and prostitution; sports and crime; procurement and corruption; and enforcement and prevention. The contributors provide timely research for understanding various aspects of organized crime, as well as the responses that have been developed worldwide to prevent and contain them. These contributions were presented at seminars of the Centre for Information and Research on Organized Crime (CIROC). It will be of interest to researchers in Criminology and Criminal Justice, particularly with an interest in organized crime and criminal networks, as well as related fields such as Comparative Law, and Political Science. This collection represents the most current thinking on entrenched problems of organized crime….This book is an important contribution in developing new approaches to organized crime and its control. — Jay S. Albanese, Ph.D., Professor and Chair, Criminal Justice Programs, Virginia Commonwealth University The book is very well organised and written and deals with a diversity of topics and approaches. — Ernesto U.Savona, Director of Transcrime, Professor of Criminology, Università Cattolica del Sacro Cuore, Milan
Contemporary Perspectives on the Detection, Investigation and Prosecution of Art Crime: Australasian, European and North American Perspectives
by Duncan Chappell Saskia HufnagelIn the world of law enforcement art and antiquity crime has in the past usually assumed a place of low interest and priority. That situation has now slowly begun to change on both the local and international level as criminals, encouraged in part by the record sums now being paid for art treasures, are now seeking to exploit the art market more systematically by means of theft, fraud and looting. In this collection academics and practitioners from Australasia, Europe and North America combine to examine the challenges presented to the criminal justice system by these developments. Best practice methods of detecting, investigating, prosecuting and preventing such crimes are explored. This book will be of interest and use to academics and practitioners alike in the areas of law, crime and justice.
Contemporary Perspectives on the Detection, Investigation and Prosecution of Art Crime: Australasian, European and North American Perspectives
by Duncan Chappell Saskia HufnagelIn the world of law enforcement art and antiquity crime has in the past usually assumed a place of low interest and priority. That situation has now slowly begun to change on both the local and international level as criminals, encouraged in part by the record sums now being paid for art treasures, are now seeking to exploit the art market more systematically by means of theft, fraud and looting. In this collection academics and practitioners from Australasia, Europe and North America combine to examine the challenges presented to the criminal justice system by these developments. Best practice methods of detecting, investigating, prosecuting and preventing such crimes are explored. This book will be of interest and use to academics and practitioners alike in the areas of law, crime and justice.
Contemporary Problems in International Arbitration
by Julian D. M. LewThe establishment of a School of International Arbitration was a sufficiently important occurrence to have brought to London, for its inaugural conference, most of the world's leading experts on international arbitration. The three-day Symposium on March 25-27, 1985 sought to identify and consider the It was not the aim contemporary problems affecting international arbitration. of the Symposium to develop, propose or agree solutions to these problems, but rather to discuss the issues and alternative solutions. The success of the School will be measured in the future by its contribution, through research and teaching, to the development of solutions to the difficulties and uncertainties which reduce the effectiveness of international arbitration agreements and awards and the conduct of international arbitral proceedings. This book reproduces the papers presented at the Symposium (amended and varied by several contributors). It is not considered appropriate here to comment on or analyse paper by paper the ideas presented or discussions which ensued. However, it would be appropriate to make reference to specific developments in the short period since the Symposium directly relevant to the papers reproduced and the discussions which ensued. The pertinence of the subject-matter selected becomes clear from these subsequent developments.
Contemporary Property Law (Routledge Revivals)
by Paul Jackson David C. WildeFirst published in 1999, this is the first of two books based on papers given at the conference organised by the Centre for Property Law at Reading in March 1998 under the title ‘Contemporary Issues in Property Law’. Speakers represented jurisdictions from around the world. Their subjects ranged from the theoretical and jurisprudential to the severely practical. No one who attended the conference – or subsequently reads the papers in this and the following book, Property Law: Current Issues and Debates – can believe in the picture of property law as archetypical, dry as dust, black letter, law. Questions of human rights, changes in social structures, technological developments are all shown to have their impact on property law, calling for careful analysis of the present law and practical proposals for reforms to reflect new developments.
Contemporary Property Law (Routledge Revivals)
by Paul Jackson and David C. WildeFirst published in 1999, this is the first of two books based on papers given at the conference organised by the Centre for Property Law at Reading in March 1998 under the title ‘Contemporary Issues in Property Law’. Speakers represented jurisdictions from around the world. Their subjects ranged from the theoretical and jurisprudential to the severely practical. No one who attended the conference – or subsequently reads the papers in this and the following book, Property Law: Current Issues and Debates – can believe in the picture of property law as archetypical, dry as dust, black letter, law. Questions of human rights, changes in social structures, technological developments are all shown to have their impact on property law, calling for careful analysis of the present law and practical proposals for reforms to reflect new developments.
Contemporary Reflections on Business Ethics (Issues in Business Ethics #52)
by Ronald DuskaOver 30 years Ronald F. Duska has established himself as one of the leading scholars in business ethics. This book presents Duska’s articles the years on ethics, business ethics, teaching ethics, agency theory, postmodernism, employee rights, and ethics in accounting and the financial services industry. These reflect his underlying philosophical concerns and their application to real-world challenges — a method that might be called an Aristotelian common-sense approach to ethical decision making.
Contemporary Reflections on Business Ethics (Issues in Business Ethics #23)
by Ronald F. DuskaOver 30 years Ronald F. Duska has established himself as one of the leading scholars in business ethics. This book presents Duska’s articles the years on ethics, business ethics, teaching ethics, agency theory, postmodernism, employee rights, and ethics in accounting and the financial services industry. These reflect his underlying philosophical concerns and their application to real-world challenges — a method that might be called an Aristotelian common-sense approach to ethical decision making.
The Contemporary Relevance of Carl Schmitt: Law, Politics, Theology
by Panu Minkkinen Matilda Arvidsson Leila BrännströmWhat does Carl Schmitt have to offer to ongoing debates about sovereignty, globalization, spatiality, the nature of the political, and political theology? Can Schmitt’s positions and concepts offer insights that might help us understand our concrete present-day situation? Works on Schmitt usually limit themselves to historically isolating Schmitt into his Weimar or post-Weimar context, to reading him together with classics of political and legal philosophy, or to focusing exclusively on a particular aspect of Schmitt’s writings. Bringing together an international, and interdisciplinary, range of contributors, this book explores the question of Schmitt’s relevance for an understanding of the contemporary world. Engaging the background and intellectual context in which Schmitt wrote his major works – often with reference to both primary and secondary literature unavailable in English – this book will be of enormous interest to legal and political theorists.
The Contemporary Relevance of Carl Schmitt: Law, Politics, Theology
by Panu Minkkinen Matilda Arvidsson Leila BrännströmWhat does Carl Schmitt have to offer to ongoing debates about sovereignty, globalization, spatiality, the nature of the political, and political theology? Can Schmitt’s positions and concepts offer insights that might help us understand our concrete present-day situation? Works on Schmitt usually limit themselves to historically isolating Schmitt into his Weimar or post-Weimar context, to reading him together with classics of political and legal philosophy, or to focusing exclusively on a particular aspect of Schmitt’s writings. Bringing together an international, and interdisciplinary, range of contributors, this book explores the question of Schmitt’s relevance for an understanding of the contemporary world. Engaging the background and intellectual context in which Schmitt wrote his major works – often with reference to both primary and secondary literature unavailable in English – this book will be of enormous interest to legal and political theorists.
Contemporary Russian Federalism: Delimitation of Jurisdictional Subjects and Powers
by Gulnara R. ShaikhutdinovaThe focus of this book is the legal analysis of the evolution of federal relationships from an asymmetric treaty-constitutional federation to a de facto unitary state. Questioned is whether it is worth returning to the asymmetric federative form, while the aim is to review the origins of federalism in the New Russia, assess the present de jure and de facto situations and analyze whether Russia has a chance of reviving federalism.Steps forward on the way to developed federal relationships in the 1990s have been replaced by steps backwards owing to unitary tendencies in the 2000s and the 2010s. But is this a sustainable state of affairs? The possible ways of framing relations between the center and the constituent units for the next four years and beyond are also discussed.This book is aimed at researchers and students in the field of comparative constitutional law, Russian studies and federal and regional studies.Gulnara R. Shaikhutdinova is Professor and Doctor of International Law in the Faculty of Law of Kazan (Volga Region) Federal University, Republic of Tatarstan, Russian Federation.
Contemporary Slavery: The Rhetoric of Global Human Rights Campaigns
by Annie Bunting Joel QuirkThis volume brings together a cast of leading experts to carefully explore how the history and iconography of slavery has been invoked to support a series of government interventions, activist projects, legal instruments, and rhetorical performances. However well-intentioned these interventions might be, they nonetheless remain subject to a host of limitations and complications. Recent efforts to combat contemporary slavery are too often sensationalist, self-serving, and superficial and, therefore, end up failing the crucial test of speaking truth to power.The widely held notion that antislavery is one of those rare issues that "transcends" politics or ideology is only sustainable because the underlying issues at stake have been constructed and demarcated in a way that minimizes direct challenges to dominant political and economic interests. This must change. By providing an original approach to the underlying issues at stake, Contemporary Slavery will help readers understand the political practices that have been concealed beneath the popular rhetoric and establishes new conversations between scholars of slavery and trafficking and scholars of human rights and social movements.Contributors:Jean Allain, Jonathan Blagbrough, Roy Brooks, Annie Bunting, Austin Choi-Fitzpatrick, Andrew Crane, Rhoda Howard-Hassmann, Fuyuki Kurasawa, Benjamin Lawrance, Joel Quirk, and Darshan Vigneswaran
Contemporary Thought in the Muslim World: Trends, Themes, and Issues (Contemporary Thought in the Islamic World)
by Carool KerstenThis book presents an intellectual history of today’s Muslim world, surveying contemporary Muslim thinking in its various manifestations, addressing a variety of themes that impact on the lives of present-day Muslims. Focusing on the period from roughly the late 1960s to the first decade of the twenty-first century, the book is global in its approach and offers an overview of different strands of thought and trends in the development of new ideas, distinguishing between traditional, reactionary, and progressive approaches. It presents a variety of themes and issues including: The continuing relevance of the legacy of traditional Islamic learning as well as the use of reason; the centrality of the Qur’an; the spiritual concerns of contemporary Muslims; political thought regarding secularity, statehood, and governance; legal and ethical debates; related current issues like human rights, gender equality, and religious plurality; as well as globalization, ecology and the environment, bioethics, and life sciences. An alternative account of Islam and the Muslim world today, counterbalancing narratives that emphasise politics and confrontations with the West, this book is an essential resource for students and scholars of Islam.
Contemporary Thought in the Muslim World: Trends, Themes, and Issues (Contemporary Thought in the Islamic World)
by Carool KerstenThis book presents an intellectual history of today’s Muslim world, surveying contemporary Muslim thinking in its various manifestations, addressing a variety of themes that impact on the lives of present-day Muslims. Focusing on the period from roughly the late 1960s to the first decade of the twenty-first century, the book is global in its approach and offers an overview of different strands of thought and trends in the development of new ideas, distinguishing between traditional, reactionary, and progressive approaches. It presents a variety of themes and issues including: The continuing relevance of the legacy of traditional Islamic learning as well as the use of reason; the centrality of the Qur’an; the spiritual concerns of contemporary Muslims; political thought regarding secularity, statehood, and governance; legal and ethical debates; related current issues like human rights, gender equality, and religious plurality; as well as globalization, ecology and the environment, bioethics, and life sciences. An alternative account of Islam and the Muslim world today, counterbalancing narratives that emphasise politics and confrontations with the West, this book is an essential resource for students and scholars of Islam.
Contemporary Trends in Local Governance: Reform, Cooperation and Citizen Participation (Local and Urban Governance)
by Carlos Nunes SilvaThis book addresses and explores recent trends in the field of local and urban governance. It focuses on three domains: institutional reforms in local government; inter-municipal cooperation; and citizen participation in local governance. In the last decades, in different regions of the world, there is ample evidence that sub-national government, in particular the field of local governance, is in a permanent state of change and reflux, although with differences that reflect national particularities. Since these institutional changes have an impact in the local policy process, in the delivery of public services, in the local democracy, and in the quality of life, it is mandatory to monitor these continued institutional changes, to learn and develop with these changes, if possible before these experiences are transferred and replicated in other countries. The editor and contributors address issues of interest for a wide audience, comprising of students and researchers in various disciplines, and policy makers at both national and sub-national tiers of government.
Contemporary Views on the Holocaust (Holocaust Studies Series)
by Randolph L. BrahamThis book is the second in a series of studies published under the auspices of the Institute for Holocaust Studies of the Graduate School and U niver sity Center of The City University of New York. Like the first book, it is an outgrowth of the lectures and special studies sponsored by the institute during the 1981-82 and 1982-83 academic years. This volume is divided into five parts. Part I, Ethics and the Holocaust, contains a pioneering investigation of one of the most neglected areas in Holocaust studies. Francine Klagsbrun, a well-known writer and popular lecturer, provides an erudite overview of the value of life in Jewish thought and tradition. With full understanding of the talmudic scholars' position on Jewish ethics and using concrete examples of the life-and death dilemmas that confronted many Jews in their concentration camp experiences, Klagsbrun provides dramatic evidence of the triumph of moral and ethical principles over the forces of evil during the Holocaust, this darkest period in Jewish history. The next two chapters, grouped under the heading The Allies and the Holocaust, deal with the failure of the Western Allies to respond to the desperate needs of the persecuted Jews of Europe during the Second World War. The first is by Professor Bela Vago, an authority on the Holocaust and East Central European history at the University of Haifa.
The Contentious Public Sphere: Law, Media, and Authoritarian Rule in China
by Ya-Wen LeiSince the mid-2000s, public opinion and debate in China have become increasingly common and consequential, despite the ongoing censorship of speech and regulation of civil society. How did this happen? In The Contentious Public Sphere, Ya-Wen Lei shows how the Chinese state drew on law, the media, and the Internet to further an authoritarian project of modernization, but in so doing, inadvertently created a nationwide public sphere in China—one the state must now endeavor to control. Lei examines the influence this unruly sphere has had on Chinese politics and the ways that the state has responded.Using interviews, newspaper articles, online texts, official documents, and national surveys, Lei shows that the development of the public sphere in China has provided an unprecedented forum for citizens to influence the public agenda, demand accountability from the government, and organize around the concepts of law and rights. She demonstrates how citizens came to understand themselves as legal subjects, how legal and media professionals began to collaborate in unexpected ways, and how existing conditions of political and economic fragmentation created unintended opportunities for political critique, particularly with the rise of the Internet. The emergence of this public sphere—and its uncertain future—is a pressing issue with important implications for the political prospects of the Chinese people.Investigating how individuals learn to use public discourse to influence politics, The Contentious Public Sphere offers new possibilities for thinking about the transformation of state-society relations.
The Contentious Public Sphere: Law, Media, and Authoritarian Rule in China
by Ya-Wen LeiSince the mid-2000s, public opinion and debate in China have become increasingly common and consequential, despite the ongoing censorship of speech and regulation of civil society. How did this happen? In The Contentious Public Sphere, Ya-Wen Lei shows how the Chinese state drew on law, the media, and the Internet to further an authoritarian project of modernization, but in so doing, inadvertently created a nationwide public sphere in China—one the state must now endeavor to control. Lei examines the influence this unruly sphere has had on Chinese politics and the ways that the state has responded.Using interviews, newspaper articles, online texts, official documents, and national surveys, Lei shows that the development of the public sphere in China has provided an unprecedented forum for citizens to influence the public agenda, demand accountability from the government, and organize around the concepts of law and rights. She demonstrates how citizens came to understand themselves as legal subjects, how legal and media professionals began to collaborate in unexpected ways, and how existing conditions of political and economic fragmentation created unintended opportunities for political critique, particularly with the rise of the Internet. The emergence of this public sphere—and its uncertain future—is a pressing issue with important implications for the political prospects of the Chinese people.Investigating how individuals learn to use public discourse to influence politics, The Contentious Public Sphere offers new possibilities for thinking about the transformation of state-society relations.
The Contentious Public Sphere: Law, Media, and Authoritarian Rule in China
by Ya-Wen LeiSince the mid-2000s, public opinion and debate in China have become increasingly common and consequential, despite the ongoing censorship of speech and regulation of civil society. How did this happen? In The Contentious Public Sphere, Ya-Wen Lei shows how the Chinese state drew on law, the media, and the Internet to further an authoritarian project of modernization, but in so doing, inadvertently created a nationwide public sphere in China—one the state must now endeavor to control. Lei examines the influence this unruly sphere has had on Chinese politics and the ways that the state has responded.Using interviews, newspaper articles, online texts, official documents, and national surveys, Lei shows that the development of the public sphere in China has provided an unprecedented forum for citizens to influence the public agenda, demand accountability from the government, and organize around the concepts of law and rights. She demonstrates how citizens came to understand themselves as legal subjects, how legal and media professionals began to collaborate in unexpected ways, and how existing conditions of political and economic fragmentation created unintended opportunities for political critique, particularly with the rise of the Internet. The emergence of this public sphere—and its uncertain future—is a pressing issue with important implications for the political prospects of the Chinese people.Investigating how individuals learn to use public discourse to influence politics, The Contentious Public Sphere offers new possibilities for thinking about the transformation of state-society relations.
Contents and Effects of Contracts-Lessons to Learn From The Common European Sales Law (Studies in European Economic Law and Regulation #7)
by Aurelia Colombi CiacchiThis book presents a critical analysis of the rules on the contents and effects of contracts included in the proposal for a Common European Sales Law (CESL). The European Commission published this proposal in October 2011 and then withdrew it in December 2014, notwithstanding the support the proposal had received from the European Parliament in February 2014. On 6 May 2015, in its Communication ‘A Digital Single Market Strategy for Europe’, the Commission expressed its intention to “make an amended legislative proposal (…) further harmonising the main rights and obligations of the parties to a sales contract”. The critical comments and suggestions contained in this book, to be understood as lessons to learn from the CESL, intend to help not only the Commission but also other national and supranational actors, both public and private (including courts, lawyers, stakeholders, contract parties, academics and students) in dealing with present and future European and national instruments in the field of contract law. The book is structured into two parts. The first part contains five essays exploring the origin, the ambitions and the possible future role of the CESL and its rules on the contents and effects of contracts. The second part contains specific comments to each of the model rules on the contents and effects of contracts laid down in Chapter 7 CESL (Art. 66-78). Together, the essays and comments in this volume contribute to answering the question of whether and to what extent rules such as those laid down in Art. 66-78 CESL could improve or worsen the position of consumers and businesses in comparison to the correspondent provisions of national contract law. The volume adopts a comparative perspective focusing mainly, but not exclusively, on German and Dutch law.
Contents of Commercial Contracts: Terms Affecting Freedoms (Hart Studies in Private Law)
by Paul S. Davies Magda RaczynskaFreedom of contract is a great strength of English law: indeed it is a key reason why English law is often the law of choice. But the terms of commercial contracts often restrict freedom of action. This book considers such terms. Leading commentators take stock of recent developments such as increased reliance on good faith/discretion and the rise of smart contracts. Insodoing, they make original contributions to ongoing debates concerning the limits to parties' freedom of contract. This important subject will interest drafters of commercial contracts keen to ensure that contracts are clear and enforceable; litigators disputing the meaning, scope and validity of terms; and academics interested in the purpose and nature of the exercises involved.
Contents of Commercial Contracts: Terms Affecting Freedoms (Hart Studies in Private Law)
Freedom of contract is a great strength of English law: indeed it is a key reason why English law is often the law of choice. But the terms of commercial contracts often restrict freedom of action. This book considers such terms. Leading commentators take stock of recent developments such as increased reliance on good faith/discretion and the rise of smart contracts. Insodoing, they make original contributions to ongoing debates concerning the limits to parties' freedom of contract. This important subject will interest drafters of commercial contracts keen to ensure that contracts are clear and enforceable; litigators disputing the meaning, scope and validity of terms; and academics interested in the purpose and nature of the exercises involved.
Contents of Contracts and Unfair Terms (Studies in the Contract Law of Asia)
by Mindy Chen-Wishart, Stefan Vogenauer, Hugh Beale QCStudies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where limited critical commentaries have been published in the English language. Each volume in the series aims to offer an insider's perspective into specific areas of contract law - remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy - and explores how these diverse jurisdictions address common problems encountered in contractual disputes. A concluding chapter draws out the convergences and divergences, and other themes. All the Asian jurisdictions examined have inherited or adopted the common law or civil law models of European legal systems. Scholars of legal transplant will find a mine of information on how received law has developed after the initial adaptation and transplant process, including the mechanisms of and influences affecting these developments. At the same time, many points of convergence emerge. These provide good starting points for regional harmonization projects. Volume III of this series deals with the contents of contracts and unfair terms in the laws of China, Hong Kong, India, Indonesia, Japan, Korea, Malaysia, Myanmar, the Philippines, Singapore, Taiwan, Thailand, and Vietnam. Typically, each jurisdiction is covered in two chapters: the first deals with the contents of contracts and how contractual terms are identified and interpreted; the second deals with unfair terms, the situations where the law will interfere in matters of 'unfairness' relating to contract terms, and legal responses to unfair terms.
Contents of Contracts and Unfair Terms (Studies in the Contract Law of Asia)
Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where limited critical commentaries have been published in the English language. Each volume in the series aims to offer an insider's perspective into specific areas of contract law - remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy - and explores how these diverse jurisdictions address common problems encountered in contractual disputes. A concluding chapter draws out the convergences and divergences, and other themes. All the Asian jurisdictions examined have inherited or adopted the common law or civil law models of European legal systems. Scholars of legal transplant will find a mine of information on how received law has developed after the initial adaptation and transplant process, including the mechanisms of and influences affecting these developments. At the same time, many points of convergence emerge. These provide good starting points for regional harmonization projects. Volume III of this series deals with the contents of contracts and unfair terms in the laws of China, Hong Kong, India, Indonesia, Japan, Korea, Malaysia, Myanmar, the Philippines, Singapore, Taiwan, Thailand, and Vietnam. Typically, each jurisdiction is covered in two chapters: the first deals with the contents of contracts and how contractual terms are identified and interpreted; the second deals with unfair terms, the situations where the law will interfere in matters of 'unfairness' relating to contract terms, and legal responses to unfair terms.
Contestation and Polarization in Global Governance: European Responses (Leuven Global Governance series)
Building a thorough and comprehensive understanding of the limits of the international rules-based liberal order across a variety of issue areas, this topical book highlights how the discourse and values inherent in these long-established political arrangements are now facing a backlash.Leading scholars examine how, with a greater dispersion of power and heterogeneity of preferences, Europe navigates a system characterized by a growing deadlock in major international institutions and a lack of compliance with international rules on global governance. Chapters analyse the challenges within international organizations and the international order itself, where the global balance of power is shifting towards a multipolar system. Challenges explored include populist-nationalist movements; rising geopolitical tensions; and growing inequality, political polarization and diminishing trust in political institutions. With the pull of global competition and rising power politics, the book identifies the limits to multilateral cooperation and the shortfalls of the traditional state-based liberal order in addressing global problems, finding a need for more diversity in governance structures to deal with increased connectivity and interdependence.Multi-disciplinary in scope, this forward-thinking book will prove vital to students and scholars of international relations, politics, and law, particularly those interested in the contestation and polarization in global governance, European responses to these challenges, and the transformation of the international liberal order.