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Dergunova, Viktoriya, and Anastasiya Prokopova. Analysis of legal regulation and judicial practice of resolving disputes between parents about children. ru: INFRA-M Academic Publishing LLC., 2021. http://dx.doi.org/10.12737/1218051.
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The monograph is a comprehensive study of the current practice of resolving cases on determining the place of residence of children, the procedure for communicating with them separately living parents and other relatives; restriction and deprivation of parental rights; on the departure of children outside the Russian Federation and return within the framework of the Convention on Civil Aspects of International Child Abduction of 1980, the Convention on Jurisdiction, Applicable Law, Recognition and Enforcement and Cooperation in relation to Parental Responsibility and Measures for the Protection of children of 1996.The relations that develop between the child and parents, the child and the court, parents and the court, as well as parents as parties to the process are analyzed. The central place is occupied by the study of the content of the concept of the best interests of the child as a guarantee of the protection of his rights and the vector of development of the current legislation. The cases of abuse of parental rights and improper performance (or non-performance) of parental duties, illustrated by current judicial practice, are considered. The analysis is presented: measures of family legal responsibility, including restriction and deprivation of parental rights in connection with non-execution of a court decision on the upbringing of a child; features of the application of principle 6 of the Declaration of the Rights of the Child in resolving disputes about the place of residence of children; the possibility of taking interim measures in disputes between parents about upbringing; the ratio of legal and psychological categories in child-parent relations in order to apply special knowledge; the procedure for conducting forensic examinations in these categories of cases. Finally, the possibilities of out-of-court settlement of some family disputes, including through mediation, are investigated.
For a wide range of readers interested in the rights of the child. It will be useful for students, postgraduates and teachers of law schools.
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Nations, United. Towards universal participation and implementation, a comprehensive legal framework for peace, development and human rights, treaty event, 25 - 27 September and 1 - 2 October 2007, United Nations Headquarters =: Pour une participation universelle, un cadre juridique général pour la paix, le développement et les droits de l'homme, cérémonie des traités, 25 - 27 spetembre et 1 - 2 octobre 2007, siège de l'Organisation des Nations Unies. New York: United Nations, 2007.
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Salehijam, Maryam. Mediation and Commercial Contract Law: Towards a Comprehensive Legal Framework. Taylor & Francis Group, 2020.
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Salehijam, Maryam. Mediation and Commercial Contract Law: Towards a Comprehensive Legal Framework. Taylor & Francis Group, 2020.
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Salehijam, Maryam. Mediation and Commercial Contract Law: Towards a Comprehensive Legal Framework. Taylor & Francis Group, 2020.
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Salehijam, Maryam. Mediation and Commercial Contract Law: Towards a Comprehensive Legal Framework. Taylor & Francis Group, 2020.
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Mevorach, Irit. A Normative Framework for Promoting Compliance. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198782896.003.0005.
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This chapter completes the proposed normative framework for cross-border insolvency. It considers the problem of compliance with a cross-border insolvency system by countries and implementing institutions. The previous chapters have shown how the choice and use of certain international legal sources, such as customary international law (CIL), can strengthen the system, close gaps, and address biases that may otherwise impede the choices of optimal solutions. Yet, notwithstanding the pervasiveness and behavioural force of CIL, the observance of the norms is not guaranteed. Written instruments, even if precise and comprehensive, and designed effectively, do not assure compliance either. Even where so-called soft law is in fact hard in important ways, countries might still underperform. This chapter suggests how compliance can be induced, and discusses which measures can be more, or less effective in that regard, including in view of decision-making constraints.
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Schütze, Robert, and Takis Tridimas, eds. Oxford Principles Of European Union Law: The European Union Legal Order: Volume I. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199533770.001.0001.
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Since the 1957 Rome Treaty, the European Union has changed dramatically - in terms of its composition, scope and depth. Originally established by six Western European States, the EU today has 28 Members and covers almost the entire European continent; and while initially confined to establishing a "common market", the EU has come to influence all areas of political, economic and social life. In parallel with this enormous geographic and thematic expansion, the constitutional and legislative principles underpinning the European Union have constantly evolved. This three-volume study aims to provide an authoritative academic treatment of European Union law. Written by leading scholars and practitioners, each chapter offers a comprehensive and critical assessment of the state of the law. Doctrinal in presentation, each volume nonetheless tries to present a broader historical and comparative perspective. Volume I provides an analysis of the constitutional principles governing the European Union. It covers the history of the EU, the constitutional foundations, the institutional framework, legislative and executive governance, judicial protection, and external relations. Volume II explores the structure of the internal market, while Volume III finally analyses the internal and external substantive policies of the EU.
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Mohamed Naim, Asmadi, Mohamad Yazid Isa, and Mohd Liki Hamid. Islamic finance: legal frameworks, practices and shariah criteria review. UUM Press, 2020. http://dx.doi.org/10.32890/9789672210924.
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The book provides comprehensive compilation on Islamic legal documents related to Islamic financial system consists of legal statutes, frameworks, guidelines, circulars and internal compliant manual covering Islamic banking, takaful and Islamic capital markets. Brief description of those documents are laid down to assist non-legal background readers in having comprehensive view of Islamic finance legal system.Few special focuses are done to Shariah screening methodologies for stocks, Islamic fund and real estate with special review on few sukuk issuances as to familiarize reader with the principle terms and conditions (PTC) of the sukuk. Islamic finance is not just a system but it is a way to achieve the spirit of Shariah i.e. maqasid Shariah in providing prosperity to the society in blessing ways avoiding all prohibited elements as stated in Islamic law.
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Multilateral treaty framework: An invitation to universal participation : Focus 2007 : towards universal participation and implementation : a comprehensive legal framework for peace, development and human rights = Traités multilatéraux : pour une participation universelle : thème 2007 : vers une participation et une mise en œuvre universelles : un cadre juridique général pour la paix, le développement et les droits de l'homme. New York: United Nations, 2007.
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Multilateral treaty framework: An invitation to universal participation : Focus 2007 : towards universal participation and implementation : a comprehensive legal framework for peace, development and human rights = Traités multilatéraux : pour une participation universelle : thème 2007 : vers une participation et une mise en œuvre universelles : un cadre juridique général pour la paix, le développement et les droits de l'homme. New York: United Nations, 2007.
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Douglas W, Arner, Hsu Berry FC, Goo Say H, Johnstone Syren, Lejot Paul, and Tse Maurice Kwong-Sang. Part II Regulation of Banking, Securities, and Insurance, 3 Banking Regulation and the Hong Kong Monetary Authority. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198706472.003.0003.
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This chapter explains the legal and institutional framework for banking in Hong Kong. It discusses the regulation of financial intermediaries, products, and services in the context of a framework based largely on the Banking Ordinance, the Exchange Fund Ordinance, and the Clearing and Settlements Systems Ordinance, supported by ordinances derived from international best practice. The chapter summarizes the main functions of the Hong Kong Monetary Authority (HKMA). Established in 1993, the HKMA maintains Hong Kong as an international financial centre and ensures that Hong Kong’s legal and regulatory framework for banks is comprehensive and of an international standard. At the same time, the chapter argues, the system’s many divisions allow certain risks to remain unaddressed. A specific area of concern applies to financial conglomerates, in that there is no clear division of regulatory responsibility in the case of the insolvency of a financial conglomerate.
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Douglas W, Arner, Hsu Berry FC, Goo Say H, Johnstone Syren, Lejot Paul, and Tse Maurice Kwong-Sang. Part II Regulation of Banking, Securities, and Insurance, 5 Insurance Regulation, the Office of the Commissioner of Insurance, and the Insurance Authority. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198706472.003.0005.
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This chapter looks in detail at the legal and regulatory framework for insurance in Hong Kong. The chapter examines the regulation of financial intermediaries, products, and services in the context of insurance. It concludes that Hong Kong’s regulatory system for insurance is comprehensive and of an international standard. The legal and regulatory framework for the insurance market in Hong Kong consists of the Insurance Companies Ordinance (ICO), a statutory body called the Office of the Commissioner of Insurance (OCI), and self-regulatory measures. These are supplemented by a large body of common law. However, at the time of writing, this is set to change, with the establishment of a new independent Insurance Authority (IA) with a much broader regulatory remit.
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Freeland, Steven. International Law and the Exploration and Use of Outer Space. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780198795896.003.0005.
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The 1957 launch of Sputnik I challenged humankind’s perceptions of what was possible in space, and necessitated the development of a legal framework for the exploration and use of outer space. However, these rules emerged at a time when the development of space-related technology was principally directed towards military objectives. As the possibility of a military confrontation in space increases, uncertainty coalesces with other risks, particularly with respect to the dangers posed by space debris, revealing lacunae in the law, the further evolution of which has largely stalled due to geopolitical factors. Emerging ‘soft’ law principles are neither entirely clear nor sufficiently comprehensive to meet the increasing complexity associated with attempting to regulate outer space. This chapter assesses the uncertainties arising from the existing international legal framework and their correlation to significant risks pertaining to the exploration and use of outer space.
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Henning, Jessen. Part I Assessing the UN Institutional Structure for Global Ocean Governance: The UN’s Role in Global Ocean Governance, 3 Advancing the Deep Seabed ‘Mining Code’: Key Environmental Elements of the Regulatory Framework for the Commercial Exploitation of Mineral Resources. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198824152.003.0003.
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This chapter examines the key environmental elements of the International Seabed Authority's (ISA) ‘Mining Code’, a regulatory framework for the commercial exploitation of mineral resources. The term ‘Mining Code’ refers to the whole comprehensive set of rules, regulations and procedures issued by the ISA to regulate prospecting, exploration and exploitation of minerals. The set of rules includes the collaboration of the respective responsibilities of deep seabed explorers and of the ISA in order to ensure environmentally sustainable development of deep seabed mineral resources. The chapter first provides an overview of the general regulatory framework for deep seabed mining, which is a contract-based system, before discussing the continuous legal evolution of the Mining Code. It also considers the generic issues that need to be addressed in relation to the future exploitation of minerals and explains why exploitation-related environmental regulations must be an integral component of advancing the Mining Code.
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Distefano, Giovanni. Use of Force. Edited by Andrew Clapham and Paola Gaeta. Oxford University Press, 2014. http://dx.doi.org/10.1093/law/9780199559695.003.0022.
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This chapter examines the provisions of the Charter of the United Nations (UN Charter) concerning the comprehensive ban on the use of force in international relations between states. It provides a legal definition of aggression and self-defence and addresses some unanswered questions concerning some of the alleged exceptions to the comprehensive ban on the use of force. It shows that the obligation not to resort to threat or use of force is not subordinated to the actual functioning of the UN collective security system and highlights the UN Charter’s establishment of substantive and institutional framework for making the prohibition on the use and threat of force between states a truly attainable goal.
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Douglas W, Arner, Hsu Berry FC, Goo Say H, Johnstone Syren, Lejot Paul, and Tse Maurice Kwong-Sang. Part II Regulation of Banking, Securities, and Insurance, 4 Securities Regulation: The Securities and Futures Commission and Hong Kong Exchanges and Clearing Limited. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198706472.003.0004.
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This chapter outlines the evolution of the system of securities regulation in Hong Kong and the regulation of financial intermediaries, products, and services in the context of securities. Prior to 1987, capital market regulation in Hong Kong was minimal, with all the various exchanges operating largely on the basis of self-regulation in the context of the common law framework. The market crash of October 1987 triggered a review of the regulatory framework. Significantly, during the last decade the Hong Kong securities and futures market has gone through a profound transformation from a largely domestic market to an international market with active trading in equity and derivative products. The chapter concludes by stating that Hong Kong’s legal and regulatory framework for securities is comprehensive and of an international standard. However, at the same time the system’s many divisions allow certain risks to be unaddressed.
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Redgwell, Catherine, and Efthymios Papastavridis. International Regulatory Challenges of New Developments in Offshore Nuclear Energy Technologies. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198822080.003.0006.
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This chapter explains the technological development of TNPPs and considers the imminence of construction and deployment offshore. We demonstrate that while there are legal rules of potential application to TNPPs, these do not constitute a comprehensive legal regulation framework. Are existing rules fit for purpose? For example, the IMO has adapted existing regulations to address offshore oil and gas activities in the Arctic (and Antarctic) in its ‘Polar Code’. . However, adapting existing legal rules may manifest pathway dependence mirroring the potential ‘technological lock-in’ of SMRs based on proven technology. The authors further observe that, just as climate change is characterized by polycentric governance, so too will questions of TNPP regulation cut across different fields of international law and different institutions—not just the IMO and IAEA.
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Tufford, Lea. Child Abuse and Neglect in Canada. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190083472.001.0001.
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Child Abuse and Neglect in Canada: A Guide for Mandatory Reporters offers a concise guide to mandatory reporting in provincial and territorial jurisdictions with specific attention to the context and unique realities of northern Canada. As an introduction to mandatory reporting, the book opens with an exploration of the historical rise of the child welfare system, mandatory reporters’ ethical duties around reporting, types of abuse and neglect, risk and protective factors, and the ascendancy of child abuse in an online environment. The latter half of the book first explores decision-making factors (legal, clinician, situational, professional, and relationship) to assist human service professionals with their decision-making. This section then explores the reporting process and offers relationship repair strategies (reporting, information, affect regulation, advocacy, resource, and cultural). The book culminates in a comprehensive, empirically based conceptual framework to assist human service professionals with decision-making and maintaining the relationship. Predicated on the author’s dissertation research Child Abuse and Neglect in Canada: A Guide for Mandatory Reporters offers students a comprehensive framework for fulfilling their professional, fiduciary obligations and provides educators with accessible teaching tools to further their students’ understanding of this area.
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Gasbarri, Lorenzo. The Concept of an International Organization in International Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192895790.001.0001.
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Despite their exponential growth in number and activities, international law lacks a comprehensive legal concept of an international organization. The book tackles this topic from the perspective of the legal nature of the legal systems developed by international organizations. It is the first comprehensive study of the different concepts under which international organizations’ legal systems are commonly understood: functionalism, constitutionalism, exceptionalism, informalism. It has a threefold purpose: to trace the historical origins of the different concepts of an international organization, to describe four families under which these different notions are subsumed, and to propose a theory which defines international organizations as ‘dual entities’. The concept of an international organization is defined looking at the nature of the legal systems they develop. The notion of ‘dual legal nature’ describes how organizations create particular legal systems that derive from international law. This peculiar condition affects the law they produce, which is international and internal at the same time. This conceptualization allows the development of a common legal framework applicable to all international organizations, despite their differences in terms of powers, membership, size, and other descriptive features. In particular, the most valuable consequence of this conceptualization is to rebut a frequent argumentative motif, under which organizations are either perceived as vehicles for member states’ interests or as autonomous entities. The effects of the dual legal nature are discussed, analysing international responsibility, the law of treaties, and the validity of organizations’ acts.
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Berman, Paul Schiff, ed. The Oxford Handbook of Global Legal Pluralism. Oxford University Press, 2020. http://dx.doi.org/10.1093/oxfordhb/9780197516744.001.0001.
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Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century. Wherever one looks, there is conflict among multiple legal regimes—some of which are state-based; some are built and maintained by nonstate actors; some fall within the purview of local authorities and jurisdictional entities; and some involve international courts, tribunals, and arbitral bodies, as well as regulatory organizations. Global legal pluralism has provided, first and foremost, a set of useful analytical tools for describing this conflict among legal and quasi-legal systems. At the same time, some pluralists have also ventured in a more normative direction, suggesting that legal systems might sometimes purposely create legal procedures, institutions, and practices that encourage interaction among multiple communities in order to foster dialogue across difference. Featuring works from a diverse set of authors touching on nearly every area of legal pluralism research, this book is the first comprehensive review of global legal pluralism scholarship ever produced. As such, it is a must-have for scholars and students seeking to understand the insights of legal pluralism to contemporary debates about law.
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Cullet, Philippe, and Sujith Koonan, eds. Water Law in India. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199472475.001.0001.
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First published in 2011, Water Law in India is the only book to offer a comprehensive survey of the legal instruments concerning water in India. It presents a variety of national and state-level instruments that make up the complex and diverse field of water law and policy. This book fills a critical gap in the study of water law, providing a rich reference point for the entire gamut of legal mechanisms available in India. This edition has been extensively revised to include new instruments on water regulation, such as the draft National Water Framework Bill, 2016, and the Model Groundwater (Sustainable Management) Act, 2016; new water-related instruments in such varied fields as criminal law, land acquisition law, and rural employment legislation; and a chapter on international legal instruments. Chapters on drinking water supply, environmental dimensions of water conservation, water infrastructure for irrigation and flood control, groundwater regulation, and institutions catering to water have been thoroughly updated for a complete coverage of water law.
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James, Harrison. 10 Towards Integrated Management of the Oceans at the International Level. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198707325.003.0010.
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The world’s oceans constitute a single, interconnected planetary system, and their effective protection, therefore, demands an integrated approach. Yet, the decentralized nature of the international legal order means that the challenges for coordination are immense. Chapter 10 explains the difficulties of developing a coherent and comprehensive legal framework for the protection of the marine environment, with a particular focus on the challenges of promoting multipurpose marine protected areas in light of the proliferation of sectoral regulatory regimes. The chapter then assesses the possible mechanisms for promoting coordination between relevant treaties. Both top-down global coordination of environmental protection and bottom-up cooperation are considered. The prospects for this issue to be addressed through the ongoing negotiations on a new legally binding instrument for the conservation of marine biodiversity in areas beyond national jurisdiction are also taken into account.
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Mačák, Kubo. Introduction. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198819868.003.0001.
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This chapter introduces the central aim of this book: to provide a comprehensive examination of the notion, process, and effects of internationalization of armed conflicts in international law. It presents a brief research overview, outlining the scope of the enquiry, the research methodology, and the structure of the book. It then lays out the conceptual and normative framework for the rest of the book. To that end, it first justifies the need for the present study by confirming the continuing distinction between international and non-international armed conflicts in international law. Then, it puts forward a conception of internationalization that expresses the legal transformation from a non-international to an international armed conflict.
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Aleksanyan, Arusyak, and Ashot Aleksanyan. Political Stability Challenges in the EEU countries: Political Factors Index. YSU Publishing House, 2021. http://dx.doi.org/10.46991/ysuph/978580842510-1.
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This book analyses procedures for ensuring Eurasian Economic Union political stability and promoting Eurasian integration. The political factors of stability and new integration agenda of the EEU member states have been comparatively analyzed by the application of the methodology of the Stability Index of Political System with careful consideration of continually improving the context of legal obligations and harmonizing interstate relations. The book covers a comprehensive study of a number of factors determining the political stability of the EEU member states within 2000-2019. In-country and Crosscountry analyses have been conducted within the framework of methodology of the Stability Index of Political System. This book is intended to be used by scholars, experts and students at universities and research centers.
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Gordon, Gregory S. Atrocity Speech Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780190612689.001.0001.
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Hate speech is widely considered a precondition for mass atrocity. Since World War II a large body of case law has interpreted the key offenses criminalizing such discourse: (1) incitement to genocide; and (2) persecution as a crime against humanity. But the law has developed in a fragmented manner. Surprisingly, no volume has furnished a comprehensive analysis of the entire jurisprudential output and the relation of each of its parts to one another and to the whole. Atrocity Speech Law fills this gap and provides needed perspective for courts, government officials, and scholars. Part 1, “Foundation,” explores the historical relationship between speech and atrocity and the foundations of the current legal framework. Part 2, “Fragmentation,” details the discrepancies and deficiencies within that framework. Part 3, “Fruition,” proposes fixes for the individual speech offenses and suggests a more comprehensive solution: a “Unified Liability Theory,” pursuant to which there would be four criminal modalities placed in one statutory provision and applying to genocide, crimes against humanity, and war crimes: (1) incitement; (2) speech abetting; (3) instigation; and (4) ordering. Apart from the issue of fragmentation, experts have failed to find an accurate designation for this body of law. “International Incitement Law” and “International Hate Speech Law,” two of the typical labels, do not capture the law’s breadth or its proper relationship to mass violence. So with a more holistic and accurate approach in mind, this book proposes a new name for the overall body of international rules and jurisprudence: “atrocity speech law.”
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Fabbrini, Federico, ed. The Law & Politics of Brexit: Volume II. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198848356.001.0001.
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This book provides the first comprehensive analysis of the withdrawal agreement concluded between the United Kingdom and the European Union to create the legal framework for Brexit. Building on a prior volume, it overviews the process of Brexit negotiations that took place between the UK and the EU from 2017 to 2019. It also examines the key provisions of the Brexit deal, including the protection of citizens’ rights, the Irish border, and the financial settlement. Moreover, the book assesses the governance provisions on transition, decision-making and adjudication, and the prospects for future EU–UK trade relations. Finally, it reflects on the longer-term challenges that the implementation of the 2016 Brexit referendum poses for the UK territorial system, for British–Irish relations, as well as for the future of the EU beyond Brexit.
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Barbalet, Jack. The Theory of Guanxi and Chinese Society. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198808732.001.0001.
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This is the first book to comprehensively and critically examine the nature and background of the Chinese phenomenon of guanxi. It does this by reviewing and taking account of the major theoretical frameworks that relate to these closely bonded long-term relationships that are developed in order to pursue instrumental advantage in a society marked by relatively weak legal and regulatory institutions. The book locates such theorizing in the major features of the rapidly evolving Chinese market society, whilst paying attention to the historical origins and cultural sources of this highly particularistic approach to the acquisition of social and material resources, an approach which relies on obligatory relations of favour exchange between persons who self-consciously and strategically select their associates and goals. The book goes on to develop an improved way of understanding this extremely significant and distinct feature of social, political and economic relations that are characteristic of mainland China’s relentlessly active population. The book uniquely proposes an inclusive approach to guanxi based on comprehensive theorizing which both challenges many conventions and at the same time introduces a research orientation which captures the pertinent psychological dispositions, cultural expressions, and institutional frameworks that underpin guanxi.
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Moser, Carolyn. Accountability in EU Security and Defence. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198844815.001.0001.
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This book offers the first comprehensive legal analysis and empirical study of accountability concerning the EU’s peacebuilding endeavours—also referred to as civilian crisis management. Since 2003, the EU has launched more than twenty civilian missions under the CSDP in conflict-torn regions in Eastern Europe, the Western Balkan, sub-Saharan Africa, the Middle East, and South East Asia with the aim of restoring stability and security. Mission mandates cover a broad range of multidimensional tasks, such as border monitoring, rule of law support, police training, law enforcement capacity building, and security sector reform. In light of these numbers and tasks and given (recent) alarming insights from practice, it begs the question who is accountable (to whom) for the EU’s manifold extraterritorial peacebuilding activities. With a view to answering this question, this book combines tools of legal scholarship with insights from political science research, both in analytical and conceptual terms. The thorough analysis of the law and practice of political, legal, and administrative accountability in civilian CSDP leads to the following conclusion: when scrutinizing the institutional and procedural framework set out by law, the accountability assessment is sobering, but when approaching it from a practice angle, the verdict is promising—in particular as regards accountability at the EU level.
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Adams, Zoe. Labour and the Wage. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198858898.001.0001.
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The book uses a Marxian inspired social ontological framework, and a genealogic method to explore the relationship between labour law, the market, and capitalist social relations. It advances a constitutive conception of the law–market and law–society ‘relationship’ that stresses law’s contradictory roles in the emergence and reproduction of capitalist social relations—and, relatedly, in the emergence, and reproduction, of the (capitalist) market, and explores this role in depth through a genealogical analysis of the social category of the wage. Tracing the evolution of the wage through legal discourse and the shifting repertoire of legal concepts (the ‘wage’, the ‘salary’, ‘remuneration’) through which it has been denoted over time, the book sheds new light on the problems of low pay and under-inclusive employment status, and on the role of the legal system in perpetuating, and potentially constituting, these problems. Spanning from the Norman conquest to the present day, and exploring issues as diverse as the decasualization of the docks; sweated labour; the truck system; tax credits, tips, and minimum wages, the book provides one of the most in-depth and comprehensive analyses of the wage to date, while, at the same time, offering a number of practical suggestions for labour law reform.
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Sundaram, Lakshmi, Ellen Travers, and Matilda Branson. How to End Child Marriage Around the World. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190847128.003.0009.
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Every year. 15 million girls are married before they turn 18. This chapter touches on how child marriage is a violation of human rights and holds back international development efforts; it reflects on progress over the past 5 years. Discussed is what it will take to end child marriage and support married girls effectively, and that there are no “silver bullets.” Efforts to end child marriage must be holistic and comprehensive and bring in a range of different actors. There are four overarching strategies needed: empowering girls; mobilizing families and communities; providing appropriate services; and ensuring a supportive legal and policy framework. The chapter concludes with recommendations on what needs to be done now if we want to accelerate progress toward a world free of child marriage, where girls and women are equal to boys and men and can achieve their potential in all aspects of their lives.
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Stephen, Jagusch, and Triantafilou Epaminontas E. 10 London. Oxford University Press, 2014. http://dx.doi.org/10.1093/law/9780199655717.003.0011.
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This chapter summarizes the key aspects of the English legal system with respect to the role of courts in arbitrations seated in England and Wales. First, it highlights the key provisions of relevant English legislation, mainly of the English Arbitration Act of 1996 and the principal court decisions arising under that legislation. Second, it describes the manner in which English law as the law of the seat affects the role of English courts in the course of three discrete stages: before the award, after the award, and during recognition and enforcement. In the process and where necessary, it addresses and ultimately rejects recently articulated concerns questioning the supremacy of England and Wales as an arbitration seat. The chapter concludes that England and Wales possesses a comprehensive and clearly articulated legal framework governing arbitration, and a sophisticated, impartial judiciary with ample experience in complex arbitral disputes and the collateral issues they raise under both English law and foreign laws and regulations. The jurisdiction is distinctly arbitration-friendly, with a keen understanding of the benefits arbitration aims to confer on parties, and the policy considerations such benefits entail.
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Hamer, Kenneth. Professional Conduct Casebook. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198817246.001.0001.
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There are approximately 100 new cases each year coming before the higher courts dealing with regulatory and disciplinary issues. Cases involving health care professionals, the legal and accountancy professions and the police, including the Independent Police Complaints Commission, are heard daily in the Administrative Court in London or in Manchester, and cases concerning financial services are regularly heard in the Upper Tribunal. Frequently cases go on appeal to the Court of Appeal and occasionally to the Supreme Court. Additionally, cases involving issues of professional conduct are heard in the Court of Session in Scotland and the High Court in Northern Ireland. Now in its third edition, Kenneth Hamer's Professional Conduct Casebook is a leading authority and continues to be the only book to provide comprehensive coverage of the growing body of case law in this developing area. Containing 85 chapters in an easy-to-use A-Z format, it analyses all key professional conduct and competence cases in one single volume, distilling the general principles from the legislative framework and offering lucid and informed summaries for today's busy practitioner. Key words included in the margin beside each case enables the reader to see at a glance the critical features of the case in question. The book covers every issue arising in the course of professional conduct proceedings, from absence of the practitioner through to the unrepresented practitioner and witnesses. The author expertly identifies all of the relevant source material that needs to be considered when confronted by a specific issue, and provides clear, practical guidance. Each chapter examines the legal framework of all the applicable statutory and non-statutory provisions, details any relevant guideline remarks which set out general principles, and summarizes all relevant case law. The book is an indispensable source of reference for every regulatory and disciplinary lawyer, and all professionals engaged in this work.
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Kohn, Robert. Human Rights and the Elderly. Oxford University Press, 2017. http://dx.doi.org/10.1093/med/9780199374656.003.0042.
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Attention to the human rights of the elderly has gained increased international attention. This chapter provides an overview of some international agencies’ efforts to address human rights of elders, as well as related efforts in different regions of the world. The UN does not have a specific treaty or convention regarding human rights of the elderly; only in 1995 was comprehensive legal analysis of the rights of the elderly addressed. The 2002 Madrid International Action Plan on Aging was a non-legally binding declaration by participating governments. Article 14 addresses equal access to healthcare and services, including physical and mental health services. The Commission on Human Rights 2011 Special Rapporteur emphasized human rights issues in primary healthcare and chronic illness; long-term care; palliative care; and informed consent as related to older persons. The Alzheimer’s Disease International Kyoto Declaration provides countries with a framework of action to address the needs and quality of life of those with dementia and their caregivers. Similarly, the United States has developed a national plan to address Alzheimer’s disease.
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Kaj, Hobér. The Energy Charter Treaty. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780199660995.001.0001.
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The Energy Charter Treaty (ECT) is unique under international law, providing a multilateral framework for energy cooperation through the operation of more open and competitive energy markets, while respecting the principles of sustainable development and sovereignty over energy resources. With 29 arbitrations currently under its provisions, a growing number of investors are resorting to the protection of the ECT. This book is an in-depth, article-by-article commentary on all aspects of the Treaty. It provides clear and comprehensive discussion of all provisions, analysing them against the background of other relevant writings such as case law and academic papers. The book considers relevant arbitral awards and also offers coverage and analysis of the history and background, as well as discussion, of its relationships with other treaties. As energy investors and the legal community become more aware of the Treaty, the number of disputes relating to it is rapidly increasing, and the book considers the growing volume of case law concerning the interpretation or application of the provisions of the treaty.
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Gilbert, Jérémie. Natural Resources and Human Rights. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198795667.001.0001.
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The management of natural resources is linked to broad issues of economic development, as well as to political stability, peace, and security, but it is also intimately connected to the political, economic, social, and cultural rights of individuals and communities relying on these resources. Bad management of natural resources often leads to ill-planned development, misappropriation of land, corruption, bad governance, misaligned budget priorities, lack of strong institutional reforms, and weak policies coupled with a continued denial of human rights of local communities. This book analyses in details the connections that exist between the management of natural resources and human rights, offering a new innovative human rights-based approach to natural resources management. To do it offers a comprehensive analysis of the different norms, procedures, and approaches developed under human rights law that are relevant to the management of natural resources. Advocating for a less market and corporate approach to the control, ownership, and management of natural resources, this book supports the development of holistic and coherent integration of human rights law in the overall international legal framework governing the management of natural resources.
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Macak, Kubo. Internationalized Armed Conflicts in International Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198819868.001.0001.
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This book examines and analyses the concept, the process, and the consequences of conflict internationalization from the perspective of international law. In a world defined by the twin forces of globalization and fragmentation, very few armed conflicts remain isolated from foreign involvement and confined to the territory of one state. Instead, many begin as internal conflicts that gradually acquire international characteristics of varying degree and nature. This holds true for nearly all major conflicts that have shaped the post-Cold War era: ex-Yugoslavia, Rwanda, Afghanistan, Iraq, Libya, Ukraine, Syria, Yemen, and so on. Accordingly, this book searches for the tipping points that convert non-international armed conflicts into international armed conflicts. On that basis, it argues for a specific conceptualization of ‘internationalized armed conflict’ in international law, understood to comprise prima facie non-international armed conflicts, whose legal nature has transformed, thus triggering the applicability of the law of international armed conflict to them. The book then puts forward a comprehensive catalogue of modalities of the process of internationalization that includes outside intervention, state dissolution, and recognition of belligerency. Turning to the consequences of internationalization, the book highlights that the intra-state origin of internationalized conflicts provides for an uneasy match with many of the precepts of the law of international armed conflict, which has historically evolved as a regulatory framework for inter-state wars. Of those, the regulation of combatancy and the law of belligerent occupation are where the principal legal questions lie and which are examined in depth in this book.
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Carlos Maria, Correa. Trade Related Aspects of Intellectual Property Rights. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780198707219.001.0001.
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The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is the most comprehensive and influential international treaty on intellectual property rights. It brings intellectual property rules into the framework of the World Trade Organization, obliging all WTO Member States to meet minimum standards of intellectual property protection and enforcement. This has required massive changes in some national laws, particularly in developing countries. This book provides an in-depth analysis of the principles and of the substantive and enforcement provisions of the TRIPS Agreement. It discusses the legal context in which the Agreement was negotiated, the objectives of their proponents and the nature of the obligations it created for the members of the World Trade Organization. In particular, it examines the minimum standards that must be implemented with regard to patents, trademarks, industrial designs, geographical indications, copyright and related rights, integrated circuits, trade-secrets and test data for pharmaceutical and agrochemical products. The book elaborates on the interpretation of provisions contained in said Agreement, in the light of the customary principles for the interpretation of international law. The analysis—which is supported by a review of the relevant GATT and WTO jurisprudence—identifies the policy space left to such members to implement their obligations in accordance with their own legal systems and public policy objectives, including in respect of complex issues such as patentability criteria, compulsory licenses, exceptions and limitations to copyright, border measures, injunctive relief and the protection of test data under the discipline of unfair competition.
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Tyler, Amanda L. Habeas Corpus in Wartime. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199856664.001.0001.
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Habeas Corpus in Wartime unearths and presents a comprehensive account of the legal and political history of habeas corpus in wartime in the Anglo-American legal tradition. The book begins by tracing the origins of the habeas privilege in English law, giving special attention to the English Habeas Corpus Act of 1679, which limited the scope of executive detention and used the machinery of the English courts to enforce its terms. It also explores the circumstances that led Parliament to invent the concept of suspension as a tool for setting aside the protections of the Habeas Corpus Act in wartime. Turning to the United States, the book highlights how the English suspension framework greatly influenced the development of early American habeas law before and after the American Revolution and during the Founding period, when the United States Constitution enshrined a habeas privilege in its Suspension Clause. The book then chronicles the story of the habeas privilege and suspension over the course of American history, giving special attention to the Civil War period. The final chapters explore how the challenges posed by modern warfare during the twentieth and twenty-first centuries have placed great strain on the previously well-settled understanding of the role of the habeas privilege and suspension in American constitutional law. Throughout, the book draws upon a wealth of original and heretofore untapped historical resources to shed light on the purpose and role of the Suspension Clause in the United States Constitution, revealing all along that many of the questions that arise today regarding the scope of executive power to arrest and detain in wartime are not new ones.
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Dixon, Josie. Person-centred care. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198802136.003.0004.
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Person-centred care emphasizes compassion and dignity, is well-coordinated and respects individual needs and preferences. Advance care planning helps to facilitate person-centred care by allowing people to have a say in decisions about their end of life care, as well as being associated with a range of person-centred outcomes. Economic evaluations of ACP have tended to focus on hospital cost savings. However, such studies are too limited and more comprehensive economic evaluations are needed, taking into account not just financial costs and savings, but also wider person-centred benefits. ACP has, as its primary purpose, the aim of making a person’s voice heard, even when that person can no longer speak for themselves directly. Terminology and legal frameworks vary.
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Messinger, Adam M., and Xavier L. Guadalupe-Diaz, eds. Transgender Intimate Partner Violence. NYU Press, 2020. http://dx.doi.org/10.18574/nyu/9781479830428.001.0001.
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A growing body of research finds that upward of half of transgender people experience intimate partner violence (IPV)—psychological, physical, or sexual abuse in romantic and sexual relationships—in their lifetimes, and consequences can be severe. Despite this, the movement to end IPV has focused almost exclusively on cisgender individuals, resulting in many transgender IPV (T-IPV) survivors being underserved and overlooked by the very laws and victim agencies tasked with protecting survivors. Research has illuminated a variety of unique aspects of T-IPV regarding the predictors of perpetration, the specific forms of abuse experienced, barriers to help seeking for survivors, and policy and intervention needs. As the first of its kind, this volume brings together leading T-IPV researchers and service providers to offer a comprehensive overview of past research and identify evidence-based strategies to foster systemic change in how transgender abuse is addressed in our policies and services. First the volume details known patterns of transgender abuse and examines, through an intersectional framework, the myriad ways in which discrimination and social inequality promote and enhance T-IPV. Second, the volume discusses how transphobia and cisnormativity impact the causes of T-IPV, survivor resiliency, and help seeking. Third, the volume reviews and critiques existing practices in how health care, shelters, policing, and the legal system intervene in T-IPV. The volume concludes with recommendations for transforming public health prevention, service provision, and research to ultimately build a safer and more inclusive world for transgender communities.
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Craig, Paul. EU Administrative Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198831655.001.0001.
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The third edition of EU Administrative Law provides comprehensive coverage of the administrative system in the EU and the principles of judicial review that apply in this area. This revised edition provides important updates on each area covered, including new case law; institutional developments; and EU legislation. These changes are located within the framework of broader developments in the EU. The chapters in the first half of the book deal with all the principal variants of the EU administrative regime. Thus there are chapters dealing with the history and taxonomy of the EU administrative regime; direct administration; shared administration; comitology; agencies; social partners; and the open method of coordination. The coverage throughout focuses on the legal regime that governs the particular form of administration and broader issues of accountability, drawing on literature from political science as well as law. The focus in the second part of the book shifts to judicial review. There are detailed chapters covering all principles of judicial review and the discussion of the law throughout is analytical and contextual. It begins with the principles that have informed the development of EU judicial review. This is followed by a chapter dealing with the judicial system and the way in which reform could impact on the subject matter of the book. There are then chapters dealing with competence; access; transparency; process; law, fact and discretion; rights; equality; legitimate expectations; two chapters on proportionality; the precautionary principle; two chapters on remedies; and the Ombudsman.
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Bertoni, Eduardo, and Collin Kurre. Surveillance and Privacy Protection in Latin America. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190685515.003.0016.
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This chapter covers surveillance and privacy protection in Latin America providing examples, principles, and suggestions. The first part offers an overview of governmental surveillance regulation through an analysis of existing legislation in Argentina, Colombia, Mexico, and Peru. It should be noted that this analysis merely seeks to identify trends in legal frameworks, rather than provide a comprehensive account of existing laws. Regulating state surveillance and creating a precedent of rights protection both off- and online is critical. To provide a more nuanced and updated understanding of how human rights should be protected online, the second part of this chapter examines several sets of principles that have been created by civil society actors, technical experts, and human rights specialists. The chapter compares those principles with the actual legislation in the four countries surveyed. Finally, the chapter concludes with some suggestions for future policymaking concerning communications interceptions and surveillance in Latin America.
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Macrory, Richard. Carbon Capture and Storage. Edited by Roger Brownsword, Eloise Scotford, and Karen Yeung. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199680832.013.72.
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The capture and long-term storage of carbon dioxide from power plants and other industrial installations may prove a key technology in climate change abatement strategies. Regulatory frameworks for carbon capture and storage (CCS) are now being developed in a number of jurisdictions. The European Union produced the first comprehensive legislation on the subject in 2009, which provides a compelling example of challenges associated with the design of regulation dealing with a novel technology. This chapter identifies three issues, each of which reflects aspects of regulatory legitimacy: the extent to which states within a federal or quasi-federal system should have the legal discretion to reject a technology; the way in which regulation provides for opportunities for public participation and engagement in issues concerning the new technology; and whether, and at what point, the state should assume responsibility for storage sites, given the long timescales necessary for secure storage.
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Bantman, Constance. Terrorism and Its Policing. Edited by Paul Knepper and Anja Johansen. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780199352333.013.39.
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Between its emergence in the 1870s and the beginning of the First World War, public perception of the anarchist movement and the theoretical and legal frameworks used to comprehend and control it underwent a dual process of criminalization and internationalization. The use of terrorism by anarchists was pivotal to these evolutions, as was its reception by alarmed populations and governments faced with unprecedented forms of political violence. Anarchism became increasingly identified as a political crime sanctioned by extensive laws at the national level and, at the internal level, by comprehensive protocols and extradition and deportation measures. These changes affected most European nations and the Americas similarly, making anarchism a clear instance of the globalization of militant politics. The “battle against international anarchism” was also a catalyst in the development of an international criminal system, as it accelerated the exchange of policing models and techniques.
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Pirelli, Gianni, Hayley Wechsler, and Robert J. Cramer. The Behavioral Science of Firearms. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190630430.001.0001.
Full textAbstract:
The authors present the most relevant factors and considerations involved in the intersection between behavioral science and firearms. The intent is to provide a comprehensive review of these issues in the context of the professional literatures in these areas and to serve as an informational and educational source for a wide range of readers and as a reference text for practitioners, institutional and law enforcement personnel, legislators, and academicians and students in fields such as psychology, criminal justice, and public health. Concepts are presented using a best-practices model that encourages and promotes empirically supported practice, research, policy, and overall decision-making. This book is distinct from all others published in this area, given its inclusion and integration of the following: (1) a focus on the behavioral science of firearm-related matters; (2) review of the professional literatures and case law/legal statutes, particularly as related to firearm development and use, laws, regulations, violence, suicide, and safety; (3) considerations and information from various relevant areas: psychology, sociology, criminal justice, law, and others specific to the general public (e.g., media); (4) presentation of a framework for the assessment of civilians seeking firearms permits, reinstatement of their firearms subsequent to revocation, and considerations for relevant others, such as military, law enforcement and corrections personnel, and security and armed guards; (5) issues related to treatment and self-care in the context of firearm use and ownership; (6) a focus on how the principles and empirical knowledge within behavioral science can inform and improve firearm-related policy, practice, and research.
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Crook, Malcolm. How the French Learned to Vote. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192894786.001.0001.
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Voting is a familiar civic activity today, yet few participants are probably aware of its long and controversial history, which was especially marked in the case of France, the country chosen for this study of how people learn to vote. Casting a ballot does not come naturally, and it also requires the technology to accomplish it, besides the legal framework to regulate it. Democratization and the development of citizenship are lengthy processes, like the achievement of free and fair elections involving a secret ballot for all adults. A great experiment with mass voting for men was initiated in France in 1789, only for recurrent upheaval to ensure that the question of who could vote, and how they did so, was frequently re-examined and revised. The entire electoral system was a constant source of partisan conflict, popular protest, and innovation, throwing the great issues around voting into particularly sharp focus. This is the first book to explore the contested and contingent practice of the vote in a comprehensive fashion, over a time span that begins before the French Revolution and concludes with the present, while according significant space to local as well as national elections. The thematic analysis will assist an understanding of those countries where democracy remains in its infancy, while also offering insight into widespread contemporary concerns about declining electoral turnout. In so far as the global adoption of voting is reflected in the context of a specific society, it will be of interest to political scientists as well as historians.
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Sripati, Vijayashri. Constitution-Making under UN Auspices. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780199498024.001.0001.
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As an 18th century ‘standard of civilization,’ the Western liberal constitution has since been integral to public international law and colonial trusteeship. This book is the first comprehensive treatment of the ostensible purposes why international organizations have internationalized this Constitution: from the League of Nations in Danzig, to the UN starting from Libya in 1949, and from 1989-2018, in more than forty poor states including most recently in Colombia and The Gambia. This pioneering study sets the Constitution’s internationalization via United Nations Constitutional Assistance (UNCA) at centre-stage. The Constitution’s salience makes its post-1989 rise via UNCA the most significant post-Cold War development, one which has spawned and shaped all other legal and political developments. For example, the internationalization of this Constitution (subsumed under the ‘rule of law’ label) drives the famed post-1989 rule of law movement, shaping all sectors from electoral, judicial, security, and parliamentary to international criminal and transitional justice. This Constitution’s internationalization is traced, from France’s drafting of Turkey’s 1856 monetary laws, British lawyer, Travis Twiss’ drafting of Congo’s 1885 constitution to the constitutional assistance offered by the League of Nations during the inter-war period and from 1949, by its successor, the United Nations and through a combined historical international constitutional framework, UNCA’s legitimacy is appraised. Through this new constitutional history of trusteeship, Sripati demonstrates that creating an equitable order requires considering seriously why sovereign states’ constitution-making is being internationalized. The book concludes by arguing that UNCA continues its trusteeship role. UNCA makes a new fiscally oriented addition to the ‘standards of civilization’: ‘transparent, inclusive and participatory’ constitution-making.
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Stahn, Carsten, Jens Iverson, and Jennifer S. Easterday, eds. Environmental Protection and Transitions from Conflict to Peace. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198784630.001.0001.
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This book is the first targeted work in the legal literature that investigates environmental challenges in the aftermath of conflict. The volume brings together academics, policy-makers, and practitioners from different disciplines to clarify policies and practices of environmental protection and key legal considerations related to normative frameworks (e.g. international environmental law, international humanitarian law, transitional justice, and human rights), the treatment of substantive principles (e.g. proportionality under jus in bello and jus post bellum, environmental integrity), ‘shared responsibility’, and accountability mechanisms for environmental damage. By providing a comprehensive and in-depth analysis of environmental protection and natural resource management during the transition to peace, the volume reveals strong links between the peace-orientation of jus post bellum and environmental principles, such as intergenerational equity and precaution. There is a great deal of work to do to ensure greater protection of the environment before, during, and after conflict. It remains a challenge to align protection with the political interest of states, and the increasing involvement of non-state actors in armed conflict. This volume marks a starting point for an urgently needed space for states, international organizations, and civil society to discuss, and debate conflict and the environment. By engaging with the International Law Commission’s 2016 Draft Principles on the Protection of the Environment in Relation to Armed Conflicts, the volume adds clarity to the law and momentum to the development of the law in this important area.
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Donald R, Rothwell, Elferink Alex G Oude, Scott Karen N, and Stephens Tim, eds. The Oxford Handbook of the Law of the Sea. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198715481.001.0001.
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Human activities have taken place in the world's oceans and seas for most of human history. With such a vast number of ways in which the oceans can be used for trade, exploited for natural resources and fishing, as well as concerns over maritime security, the legal systems regulating the rights and responsibilities of nations in their use of the world's oceans have long been a crucial part of international law. The United Nations Convention on the Law of the Sea comprehensively defined the parameters of the law of the sea in 1982, and since the Convention was concluded it has seen considerable development. This book provides an analysis of its current debates and controversies, both theoretical and practical. It consists of forty chapters divided into six parts. First, it explains the origins and evolution of the law of the sea, with a particular focus upon the role of key publicists such as Hugo Grotius and John Selden, the gradual development of state practice, and the creation of the 1982 UN Convention. It then reviews the components which comprise the maritime domain, assessing their definition, assertion, and recognition. It also analyzes the ways in which coastal states or the international community can assert control over areas of the sea, and the management and regulation of each of the maritime zones. This includes investigating the development of the mechanisms for maritime boundary delimitation, and the decisions of the International Tribunal for the Law of the Sea. The book also discusses the actors and intuitions that impact on the law of the sea, considering their particular rights and interests, in particular those of state actors and the principle law of the sea institutions. Then it focuses on operational issues, investigating longstanding matters of resource management and the integrated oceans framework. This includes a discussion and assessment of the broad and increasingly influential integrated oceans management governance framework that interacts with the traditional law of the sea. It considers six distinctive regions that have been pivotal to the development of the law of the sea, before finally providing a detailed analysis of the critical contemporary issues facing the law of the sea. These include threatened species, climate change, bioprospecting, and piracy.