%{search_type} search results

• Introduction : The constitution, the state, and the law and the epistemologies of the South / Boaventura de Sousa Santos, Sara Araújo and Orlando Aragón Andrade
• Do constitutions matter? : the dilemma of a radical lawyer / Issa G. Shivji
• Healing a wounded Islamic constitutionalism : Sharia, legal pluralism, and unlearning the nation-state paradigm / Asifa Quraishi-Landes
• Nihilisms, contradictions and anomie in new constitutionalisms : a view from India / Upendra Baxi
• Indigenous women : towards a new transformative constitutionalism? / Rosalva Aída Hernandez Castillo-- Modern constitutionalism, legal pluralism and the waste of experience / Sara Araújo-- Legacies and latitudes : past, present and future in South Africa's post-colonial legal order / Heinz Klug
• Shared expeiences from South Africa Constitutional Court / Albie Sachs
• On settler colonialism and post-conquest constitutionness : the decolonising constitutional vision of African Nationalists of Azania/South Africa / Tshepo Madlingozi
• Can silence be a constituent? A reading on the indigenous-communitarian constitutionalism of Bolivia / Salvador Schavelzon
• Plurinational constitutionalism : plurinationality from above and plurinationality from below / Raúl Llasag
• Transformational constitutionalism, interculturality and the reform of the state : looking through the eyes of the originary peoples / Nina Pacari
• Participation and presidentialism in the Ecuadorian Constitution of 2008 / Agustin Grijalva
• Transforming transformative constitutionalism. Lessons from the political-legal experience of Cherán, Mexico / Orlando Aragón Andrade-- The Law of the Excluded : Indigenous justice, plurinationality, and interculturality in Bolivia and Ecuador / Boaventura de Sousa Santos
• Conclusion.

"The modern state, law, and constitution result from a legal canon that (re)produces the abyssal lines dividing the world that is validated from the world whose humanity and epistemological validity are denied. This book aims to contribute to a post-abyssal reflection on law and constitutionalism by considering the structural axes of power that are constitutive of modern law "capitalism, colonialism, and heteropatriarchy" alongside the legal plurality of the world. Is it possible to decolonize, decommodify, and depatriarchalize the constitution? The authors speak from multiple geographies, raise different questions, resort to differentiated theoretical approaches, and reveal varying levels of optimism about the possibilities of transforming constitutions. The readers are confronted with critical perspectives on the Eurocentric legal canon, as well as with the recognition of anti-capitalist, anti-colonial, and anti-patriarchal legal experiences. The horizon of this publication is the expansion of the possibilities of legal and political imagination"-- Provided by publisher.

• The Olympics : culture, values, tension
• The curious case of the IOC and the creation of Olympic law
• Income and earnings at the Olympic Games
• Freedom of expression and the Olympics
• Recalibrating the Olympics : misplaced leverage and a relational turn?

"Olympic Laws: Culture, Values, Tensions is the first book to analyse fully the Olympic legal framework and its application to the IOC and the Olympic Games through a socio-legal lens. It opens up a new window into understanding the Olympic Games, across recent iterations of the Games and on to future Games. This is essential reading for any student or researcher with an interest in Olympic studies, sport law, or socio-legal studies, or any practising lawyer or events professional looking to better understand the impact and institutions of mega-events"-- Provided by publisher.

• Finding solutions to the intractable ABS problems / Charles Lawson, Fran Humphries and Michelle Rourke
• The CBD's term 'sovereign right(s)' does not necessarily mean sovereignty / Todd Berry
• Common heritage or sovereign resource? : the World Health Organisation's inconsistent approach to pathogen sharing / Mark Eccleston-Turner and Michelle Rourke
• Access and benefit sharing in a pandemic treaty and future international public health agreements / Sam F. Halabi
• Access and benefit sharing and biodiversity conservation : the unrealized connection / Rachel Wynberg and Sarah Laird
• Message in a bottle : DNA computers challenge access and benefit sharing regulation / Fran Humphries, Michelle Rourke and Charles Lawson
• What should we mean by 'open access'? / Marcel Jaspars and Abbe E.L. Brown
• Value judgements and the management of digital sequence information under the international access and benefit sharing regime / Michelle Rourke
• Access and benefit sharing and digital sequence information : unravelling the knot / Christine Frison and Elsa Tsioumani
• Compatible or incompatible? : DSI, open access and benefit / Sharing Rodrigo Sara, Andrew Lee Hufton and Amber Hartman Scholz
• Access and benefit sharing and digital sequence information in Africa : a critical analysis of contemporary concerns in regional governance / Titilayo Adebola and Daniele Manzella
• Biocultural community protocols : making space for indigenous and local cultures in access and benefit sharing? / Christine Frison, Louisa Parks and Elsa Tsioumani
• Access and benefit sharing and biocultural protocols in the Pacific / Daniel Robinson and Margaret Raven
• Biological resources as cultural property and cultural heritage / Solamalemalo Saeumalo, Hai Yuean Faatapepe, Menime Tualima and Kathy Bowrey
• ABS from the perspective of an intellectual property professional at a public research institution / Mukul Ranjan
• Which Nagoya Protocol? : user driven solutions to the legal uncertainty created by Nagoya / Brad Sherman
• The Torres Strait Eight : climate litigation, biodiversity, human rights and Indigenous intellectual property / Matthew Rimmer
• Monitoring compliance with Nagoya : lessons from India on building a techno-legal infrastructure to track bioprospecting activities / Allison Fish

"Addressing the management of genetic resources, this book offers a new assessment of the contemporary Access and Benefit Sharing (ABS) regime. Debates about ABS have moved on. The initial focus on the legal obligations established by international agreements like the United Nations Convention on Biological Diversity and the form of obligations for collecting physical biological materials have now shifted into a far more complex series of disputes and challenges about the ways ABS should be implemented and enforced. These now cover a wide range of issues, including: digital sequence information, the repatriation of resources, technology transfer, traditional knowledge and cultural expressions, open access to information and knowledge, naming conventions, farmers' rights, new schemes for accessing pandemic viruses sharing DNA sequences, and so on. Drawing together perspectives from an interdisciplinary range of leading and emerging international scholars, this book offers a new approach to the ABS landscape; as it breaks from the standard regulatory analyses in order to explore alternative solutions to the intractable issues for the Access and Benefit Sharing of genetic resources. Addressing these modern legal debates from a perspective that will appeal to both ABS scholars and those with broader legal concerns in the areas of intellectual property, food, governance, Indigenous issues, and so on, this book will be a useful resource for scholars and students as well as those in government and in international institutions working in relevant areas"-- Provided by publisher

• Rural access to justice / Daniel Newman and Faith Gordon
• A survey of policy responses to the rural attorney shortage in the United States / Kelly V Beskin and Lisa R Pruitt
• Alcohol laws, rural communities and access to justice in Kenya / Joseph K Rono and Emmanuel K Bunei
• Accessibility to justice for rural livestock farmers in selected provinces of South Africa : rural communities and the justice system / Witness Maluleke
• Why doesn't a mother whose son was murdered seek justice? A critical approach to the relationship between socio-cultural structure and access to justice in rural communities by reconstructing the Sabahattin Ali's Kağnı (The Oxcart) short story / Murat Madenüs
• Rethinking access to justice for Indigenous peoples / Fiona Allison and Chris Cunneen
• Barriers to access to justice for members of the Traveller community : rediscrimination within the equality system / Fiona Donson and Samantha Morgan-Williams
• Older victims, legal need and access to justice in rural communities in Northern Ireland / Faith Gordon and Kevin J Brown
• Litigants in person and rural family justice in England and Wales / Jess Mant
• Overcoming geographic barriers : towards a framework for facilitating legal service delivery in rural communities in Canada / Lisa Moore
• Conceptualising rural access to justice as supply chains primed for transformation / Amanda L Kool and Hannah Haksgaard
• 'Restorative what?' Young people's experiences of accessing justice in rural Syria / Adnan Mouhiddin
• A retrospective on rural legal service provision : lessons emerging from international research / Kim Economides and Charles Watkins
• Access to rural justice : domestic violence in rural America / Ziwei Qi and Christy Craig
• Rural access to justice and beyond : dimensions of access as a criterion for understanding lay users' satisfaction with remote justice / Olumide Adisa, Sue James and Daniel Newman.

"This book offers insight on access to justice from rural areas in internationally comparable contexts to highlight the diversity of experiences within, and across rural areas globally. It looks at the fundamental questions for people's lives raised by the issue of access to justice as well as the rule of law. It highlights a range of social, geographic and cultural issues which impact the way rural communities experience the justice system throughout the world with chapters on Australia, Canada, England, Ireland, Kenya, Nigeria, Northern Ireland, South Africa, Syria, Turkey, the USA, and Wales. Each chapter explores three questions: 1. How do people experience the institutions of justice in rural areas and how does this rural experience differ to an urban experience? 2. What impact have changes in policy had on the justice system in rural areas, and have rural and urban areas been affected in different ways? 3. What impact does the law have on people's lives in rural areas and what would rural communities like to be better understood about their experience of the justice system? By bringing in the voices and experiences of those who are often ignored or side-lined by justice systems, this book will set out an agenda for ensuring social justice in legal systems with a focus on protecting marginalised groups"-- Provided by the publisher

• Introduction to insurance law
• Conceptualizing insurance
• The nature of the insurance business
• The nature of insurance law and regulation
• Elements of an insurance contract
• Fundamental assumptions of insurance (and their limits)
• Insurance as agreement : the influence of contract law
• Scope of coverage : the boundaries of the insurer's obligations
• Liability insurance : indemnity, defense, and settlement obligations
• Challenges in a world : why insurance matters (reprise)

"Providing a comprehensive overview of the body of law that regulates the insurance business, this Advanced Introduction evaluates the governing principles, policies, values, and purposes of insurance legislation and related judicial doctrines. It examines the ways in which the industry's origins help us understand the present, and how insurance connects to major public policy issues that will shape the world for future generations"-- Provided by publisher

• Introduction and background
• International food law at a glance
• The law of international food trade
• The WTO agreements and dispute settlement
• Convergence, divergence, and complexity in global food law
• Final thoughts.

"Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business, and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This Advanced Introduction provides a succinct overview of the principles and rules that guide international food law. Neal D. Fortin explores how the globalisation of food supply chains has impacted international food law, making it a pressing concern for contemporary lawmakers. Exploring the maintenance of standards, rules and laws, alongside issues in relation to economics, trade agreements, and free-trade, this comprehensive book provides insight into the future of international food law. Key Features: - Offers a historical overview of international food law, covering the key basic concepts - Provides insights into key international trade agreements, agencies, and food safety controls - Provides guidance on techniques for comparing and understanding the food law of different regions Incisive and accessible, this Advanced Introduction offers invaluable discussion of the major issues in the field for international law scholars, particularly those focusing on food law. It will also be a beneficial read for government officials involved in international trade and lawyers who deal with international food law looking for a better understanding of the history and key components of the topic"-- Provided by publisher.

"Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This Advanced Introduction sets out the difficulty of defining religion itself and the subsequent impact this has on creating laws which regulate and protect it. Taking a global comparative approach, Frank S. Ravitch guides the reader in how this unique interaction plays out in differing legal systems including in the U.S., Europe, and Asia. Providing further context by contrasting specific case studies, the book provides a rounded and coherent exploration of the complexities of law in relation to religion. Key Features: - Addresses the many issues surrounding religious exceptions to general laws - Considers the extent of separation between government and religion, and the role of courts in deciding religious questions - Looks at the ways in which law may govern discrimination by government or by private entities, based on religion or religious concerns - Explores the multifaceted interactions between religion and law in many areas, including human rights; public schooling; health and property; tax exemptions; and clergy abuse. This foundational book offers a platform for researchers and students in the fields of law, political science, ethics, and religious studies. It also provides valuable insight for lawyers, judges and legislators with a focus on law and religion"-- Provided by publisher.

• Introduction: Basic issues
• Forum-selection clauses
• Jurisdiction over persons and things
• What law applies?
• Recognition and enforcement of foreign judgments
• An assessment : tasks, developments, trends.

"Litigating disputes in international civil and commercial cases presents a number of special challenges. Which country's courts have jurisdiction, and where is it advantageous to sue? Given the international elements of the case, which country's law will the court apply? Finally, if a successful plaintiff cannot find enough local assets, what does it take to have the judgment recognized and enforced in a country with assets? [This book] addresses these questions in a concise overview of the field. Key features include: comparative overview of legal systems, contrasting Anglo-American common law and the civil law approach of the European Union; addresses classic choice of law as well as international civil procedure; problem-oriented presentation; three parts presenting principal problems parties face in dealing with cases with an international dimension; and considers how the field could develop in the future" -- Provided by publisher.

• Sanctuary-seeking in a world with witchcraft
• Supernatural states and the absence of protection : a legal genealogy of witchcraft violence
• Conflicting codes and disputed dangers : refugee status determination in Canada, the UK, and Australia
• Cognizance, credulity, and case law
• Witchcraft as a push factor
• Epilogue : when witchcraft migrates

• The equal protection of feminists and misogynists
• Overentitlement and overempowerment
• Misogyny and maternity : abortion bans as overentitlement
• From patriarchy to prohibition : resetting entitlements through constitutional change
• Rebalancing power through parity democracy
• Building feminist infrastructures : the constitutionalism of care
• Conclusion : toward a feminist remaking of constitutional democracy

• g
• Introduction: Legal patriarchy and its aftermath
• The equal protection of feminists and misogynists
• Overentitlement and over empowerment
• Misogyny and maternity : abortion bans as overentitlement
• From patriarchy to prohibition : resetting entitlements through constitutional change
• Rebalancing power through parity democracy
• Building feminist infrastructures : the constitutionalism of care
• Conclusion: Toward a feminist remaking of constitutional democracy.

"Decades after liberal constitutional democracies ended the laws of patriarchy and committed to gender equality, misogyny still pervades women's lives. Often expressed as hatred and discrimination against women, misogyny is the legal aftermath of patriarchy, which goes beyond attacking and belittling women. After Misogyny reframes misogyny as society's overentitlement to women's forbearance and sacrifices, which continues to be expressed in the law even after patriarchy has been repudiated. Women's contributions, both inside and outside the home, are radically undercompensated and highly beneficial to society-especially the reproductive work of childbearing and childrearing. From antidiscrimination law to abortion bans, the law fails women by keeping the dynamics of social overentitlement and male overempowerment invisible. In recent years, many constitutional democracies have used new processes of constitution-making and constitutional change to reset entitlements and power. After Misogyny shows how movements to reset these baseline entitlements are necessary for constitutional democracies to overcome misogyny"-- Provided by publisher

• 1. Introduction
• 2. Domestic support disciplines of the Agriculture and SCM Agreements
• 3. Economic analysis of exemptions and administered prices
• 4. Trends among different types of domestic support
• 5. Transparency
• 6. Issues under negotiation
• 7. Disputes involving agricultural domestic support
• 8. Addressing twenty-first century policy priorities
• 9. Lessons from the experience
• References
• Index.
• (source: Nielsen Book Data)

The WTO Agreement on Agriculture subjects different groups of developed and developing countries to different limits on domestic support and allows various exemptions from these limits. Offering a comprehensive assessment of the Agreement's rules and implementation, this book develops guidance toward socially desirable support policies. Although dispute settlement has clarified interpretation of the Agriculture and SCM Agreements, gaps remain between the legal disciplines and the economic effects of support. Considering the Agriculture Agreement also in the context of today's priorities of sustainability and climate change mitigation, Lars Brink and David Orden build a strategy that aligns the rules and members' commitments with the economic impacts of agricultural support measures. While providing in-depth analysis of the existing rules, their shortcomings and the limited scope of ongoing negotiations, the authors take a long-term view, where policies directed toward evolving priorities in agriculture are compatible with strengthened rules that reduce trade and production distortions.
(source: Nielsen Book Data)

• Introduction
• Foundational moments
• Struggles
• Comparisons
• Conclusion.

"This book explores the evolution of the European, Inter-American and African regional human rights systems. It will be of interest to anyone interested in the nature of any or all of these systems, contemporary human rights generally, comparative approaches to human rights, or the evolution of complex international institutions"-- Provided by publisher.

• 1. Introduction
• 2. Foundational Moments
• 3. Struggles
• 4. Comparisons
• 5. Conclusion
• Index.
• (source: Nielsen Book Data)

This book explores the comparative historical evolution of the European, Inter-American and African regional human rights systems. The book devotes attention to various factors that have shaped the systems: the different circumstances in which they were founded; the influence of major states and inter-state politics within their respective regions; gradual processes of institutional evolution; and the impact of human rights advocates and claimants. Throughout, the book devotes careful attention to the impact of institutional and procedural choices on the functioning of human rights systems. Overarchingly, the book explores the contextually-generated differences between the three systems, suggesting that human rights practice is less unitary than it might at times appear. Prescriptively, the book proposes that, contrary to the received wisdom in some quarters, the Inter-American system's dual-track approach may provide the most promising model in regards to future human rights system design.
(source: Nielsen Book Data)

• The future of international tax dispute resolution post-BEPS and MLI / Daniel Gutmann
• What disputes does a MAP resolve? / Katerina Pantazatou
• Post-BEPS arbitration : last best offer versus reasoned opinion / Alexia Kardachaki and Sjoerd Douma
• Best practices for competent authorities to ensure effective and efficient arbitration / Laura Weiss-Turcan
• The EU Dispute Resolution Directive / Georg Kofler and Alexander Rust
• Tax arbitration and the EU treaties / Werner Haslehner
• Taxpayers and their rights in alternative tax dispute resolution / Katerina Perrou
• Enforcement and judicial control of arbitration decisions / Paloma Schwarz
• Alternative dispute resolution through mediation / Peter Nias
• Relation between dispute resolution under double taxation conventions and investment treaties / Robert J. Danon
• The independence and impartiality of arbitrators / Arno E. Gildemeister
• Lessons from investment treaty arbitration / Javier García Olmedo
• Reflections on dispute resolution under GATT and the WTO and double tax treaty disputes / Timothy Lyons.

"Arbitration has been promoted as the future of tax dispute resolution in recent years in line with the increase in complexity of international tax law. This authoritative book presents existing legal rules on the matter, provides a review of the arguments in favor of tax arbitration, discusses the practical and legal challenges for its wide-spread adoption and compatibility with existing domestic and international norms. It also answers key questions for the practical implementation of a modern tax arbitration system"-- Provided by publisher.

• Introduction
• Without law?
• De-entangling the psyche : from disobedience to parrhesia
• Anarchism and love
• Humour and the uncommon of laughter
• Mutual aid instead of conclusion

"The term anarchism derives from the Greek word 'anarchia' meaning without ruler or leader, and without law. But although the roots of the word can be traced back to ancient Greece, anarchism as a political ideology is relatively new. Anarchism developed as a political ideology at the end of the eighteenth century at the time of the emergence of the modern State. And, as is well known, anarchism developed both a politics and a way of life that did not include the State as its compass, support and structure. In contrast to the extensive contemporary literature about anarchist politics and ideas, this book focuses on the practices and attitudes that constitute what the author refers to as an anarchist 'art of life'. The book draws on archival material that record the life and actions of the anarchist Emma Goldman and her associates, legal documents and writings by classical (Pierre Joseph Proudhon, Peter Krotopkin) and contemporary anarchists (David Graeber, Saul Newman, Ciarra Bottici), as well as contemporary groups such as the Clandestine Insurgent Rebel Clown Army, and Occupy Wall Street. By attending to the idiosyncrasies of this art of life, it argues, we are better able to appreciate how anarchism is not some future utopian oriented project, waiting to come into existence after a revolution, but rather exists in parallel to the life and politics offered by the State. Anarchism: An Art of Living without Law will be of interest to graduate students and academics working on critical legal theory, political theory, sociology and cultural studies"-- Provided by publisher

• Introduction
• The current legal status of animals
• Welfarism vs abolitionism, a dichotomy?
• Philosophical foundations of animal rights
• The legal theory of animal rights
• Animal rights and human rights
• Animal rights in litigation
• Animal rights in legislation
• Animal rights as a social justice movement
• Conclusion

"Do animals have legal rights? This pioneering book tells readers everything they need to know about animal rights law. Using straightforward examples from over 30 legal systems from both the civil and common law traditions, and based on popular courses run by the authors at the Cambridge Centre for Animal Rights, the book takes the reader from the earliest anti-cruelty laws to modern animal welfare laws, to recent attempts to grant basic rights and personhood to animals. To help readers understand this legal evolution, it explains the ethics, legal theory, and social issues behind animal rights and connected topics such as property, subjecthood, dignity, and human rights. The book's companion website (bloomsbury.pub/animal-rights-law) provides access to briefs on the latest developments in this fast-changing area, and gives readers the tools to investigate their own legal systems with a list of key references to the latest cases, legislation, and jurisdiction-specific bibliographic references. Rich in exercises and study aids, this easy-to-use introduction is a prime resource for students from all disciplines and for anyone else who wants to understand how animals are protected by the law"-- Provided by publisher