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Books on the topic 'Legal act governing'

Author: Grafiati

Published: 30 May 2022

Last updated: 31 July 2025

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1

GOVERNMENT, US. An Act to Amend the Immigration and Nationality Act to Modify the Provisions Governing Acquisition of Citizenship by Children Born Outside of the United States, and for Other Purposes. U.S. G.P.O., 2000.

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2

Philippines. Customs Brokers Act of 2004: Explained : with implementing rules and regulations, Code of ethics for customs brokers, rules and regulations governing the accreditation of customs brokers, transacting with the Bureau of Customs. Rex Book Store, 2006.

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3

van Dijck, José, Karin van Es, Anne Helmond, and Fernando van der Vlist. Governing the Digital Society. Amsterdam University Press, 2025. https://doi.org/10.5117/9789048562718.

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Digital technologies have rapidly become integral to communities and societies, bringing both significant benefits and serious concerns. Issues such as misinformation, disinformation, online polarization, discrimination, and widening inequalities have prompted a critical and urgent debate: Can digital societies still be effectively governed? This book brings together insights from various disciplines to address the pressing question: “How can we develop and apply principles of (good) governance in digital societies that are organized democracies?” Governing the Digital Societypresents a range

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4

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Criminal Justice Oversight. The effect of state ethics rules on federal law enforcement: Hearing before the Subcommittee on Criminal Justice Oversight of the Committee on the Judiciary, United States Senate, One Hundred Sixth Congress, first session : on the effect of state ethics rules of federal law enforcement, focusing on section 530B of Title 28 of the United States code, which requires department attorneys to comply with state laws and rules, and local federal court rules, governing attorneys in each state where such attorney engages in that attorney's duties, the Citizens Protection Act, and potential abuse of power, March 24, 1999. U.S. G.P.O., 1999.

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5

Angelucci, Gianni, and Luisa Vierucci, eds. Il diritto internazionale umanitario e la guerra aerea. Firenze University Press, 2010. http://dx.doi.org/10.36253/978-88-6453-128-1.

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This book is designed to fill a gap in Italian publications dealing with the legal issues triggered by the use of aircraft in armed conflicts. The absence of international regulations governing aerial hostilities, despite the increasing use of the same, calls for a serious reflection on the subject, offered here in the form of a collection of articles on the fundamental principles of humanitarian law and their application to the operations performed by the air forces, and more specifically to aerial bombardment. Recent legal rulings and the publication by Harvard University of Manual on Intern

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6

France. Statuts et privileges du corps des marchands orfevres-joyailliers de la ville Paris =: An 18th-century compendium of the laws governing silversmithing in Paris. J. Paul Getty Museum, 2003.

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7

Solov'ev, Andrey. Latin American models of organization and functioning of the judicial community. The Argentine Republic and the United Mexican States. INFRA-M Academic Publishing LLC., 2020. http://dx.doi.org/10.12737/1080626.

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In this publication, the author continues a comparative legal study of the problems of organization and functioning of the judicial community of foreign countries: the Argentine Republic (at the Federal level and at the level of Federal subjects), as well as the United Mexican States. The Appendix contains the author's translations of the current versions Of the law of the Argentine Republic "on the Council of magistracy" and title 6 "governing bodies of the judicial system of the Federation" of the Organic law of the United Mexican States "on the Federal judiciary". It is intended for researc

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Bania, Konstantina, and Damien Geradin, eds. Digital Markets Act. Hart Publishing, 2024. https://doi.org/10.5040/9781509970049.

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This book provides an in-depth exploration of the Digital Markets Act (DMA).With an ensemble of contributors who have been involved in major antitrust cases that shaped the legislative text, the book explains the rationale for the DMA, introduces the reader to the digital services falling within its scope, sets out the process for 'gatekeeper' designation, and provides insights into the interpretation issues and enforcement challenges that arise from the obligations it establishes. Analysing the DMA in the broader legal and market context, the chapters examine tensions between the DMA and othe

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N M, Gayathri, and Kudur Rashmi. THE LAWS GOVERNING MEDICAL NEGLIGENCE IN INDIA: THE PREVAILING DEFICIENCY AND WAY FORWARD. Jupiter Publications Consortium, 2023. http://dx.doi.org/10.47715/jpc.b.978-93-91303-53-2.

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This study scrutinizes the laws governing medical negligence in India, highlighting the deficiencies and proposing a forward trajectory. It begins with an extensive overview of medical negligence, outlining the relevant legislations that regulate the medical profession within the country. The research delves into the liability of medical professionals under various legal heads and compares the older Consumer Protection Act of 1986 with the revamped 2019 version. Additionally, the research contrasts the Indian legal landscape with those of the UK and the USA, providing a comprehensive comparati

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Beauchamps, Marie. Governing Affective Citizenship. Fairleigh Dickinson University Press, The Rowman & Littlefield Publishing Group, Inc., 2018. https://doi.org/10.5040/9798881811921.

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This book investigates politics of denaturalisation as a system of thought that influences seminal cultural political values, such as community, nationality, citizenship, selfhood and otherness. The context of the analysis is the politics of citizenship and nationality in France. Combining research insights from history, legal studies, security studies, and border studies, the book demonstrates that the language of denaturalisation shapes national identity as a form of formal legal attachment but also, and more counter-intuitively, as a mode of emotional belonging. As such, denaturalisation op

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Svantesson, Dan Jerker B., and Rebecca Azzopardi. Systematic Government Access to Private-Sector Data in Australia. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190685515.003.0010.

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The chapter provides a summary of Australian privacy law including the Privacy Act and the Australian Privacy Principles. After describing the national legal context and fundamental principles governing Australia’s federal system of government with power distributed among six states, two territories, and the federal government, it describes laws separately governing law enforcement and intelligence agencies, including the Australian Security Intelligence Organisation (ASIO). The authors suggest that, although the Australian government has a range of powers to obtain private-sector data, those

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Herring, Jonathan. Medical Law and Ethics. 9th ed. Oxford University Press, 2022. http://dx.doi.org/10.1093/he/9780192856562.001.0001.

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Medical Law and Ethics covers not only the core legal principles, key cases, and statutes that govern medical law, but also explores the key ethical debates and dilemmas that exist in the field to ensure that the law is firmly embedded within its context. The title highlights these debates, drawing angles from other jurisdictions, religious beliefs, and feminist perspectives which influence legal regulations. Other features such as ‘a shock to the system’, ‘public opinion’, and ‘reality check’ introduce further sociological aspects, contributing to the way in which the subject is approached. T

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Cullet, Philippe, and Sujith Koonan, eds. International Law and Policy Governing Water. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199472475.003.0002.

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This chapter brings together key international legal instruments of the water sector, which provide the context and inform developments at the national level. The chapter starts with a section on the human right to water, as embodied in international treaties, UN General Assembly Resolutions and General Comment 15. The second section looks at protection and regulation of water and includes key soft law instruments, including the Stockholm Declaration, 1972 and the Dublin Statement, 1992. The last section focuses on what is more traditionally understood as international water law and reproduces

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Farber, Daniel A. Public Choice Theory and Legal Institutions. Edited by Francesco Parisi. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199684267.013.015.

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This article asks what public choice can teach about legal institutions and their governing framework of public law. It begins with an overview and assessment of two important components of public choice: social choice theory (stemming from Arrow's Theorem) and interest group theory. It then considers the use of public choice models to explain the behaviour of legislatures, agencies, and courts. The core public choice insight is that institutional structures are responses to fundamental problems relating to collective action. However, the normative use of specific public choice models should b

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Harris-Short, Sonia, Joanna Miles, and Rob George. 12. Child Protection. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780199664184.003.0012.

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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the law on state intervention into family life where a child is considered to be ‘in need’ or at risk of significant harm. It discusses the competing approaches to state intervention and the principles underpinning the Children Act (CA) 1989; the legal framework governing local authority support for children in need under Part III of the CA 1989; the law and procedure regulating compulsory

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Paul, Torremans. Part VI The Law of Property, 37 Matrimonial Property. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780199678983.003.0037.

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This chapter examines the legal regime governing matrimonial property, and more specifically the rights of a husband and wife in the movable and immovable property which either of them may possess at the time of marriage or may acquire afterwards. It first considers the general rule on assignment where there is an ante-nuptial contract as well as the assignment where is no ante-nuptial contract, focusing in particular on the application of matrimonial domicile in the case of movables and the effect of marriage on the spouses' immovables in the absence of a marriage contract. It then discusses

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Julian, A. Francis. Future of Indian Universities. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199480654.003.0007.

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This chapter deals with the legal regime which is currently governing Indian universities. First, it briefly analyses the legal regime governing the establishment of different types of universities such as Central Universities, State Universities, ‘Deemed to be Universities’, State public universities and State private universities. Second, it deals with the regulatory structure governing universities both at the national level and state level. This also covers the regulation of universities externally by professional councils and internal regulation of universities. Fourth, it summarizes some

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Dana, Schweigelová. 10 Czech Republic. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198808589.003.0010.

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This chapter provides an overview of the legal framework of set-off in the Czech Republic both outside and within the context of insolvency. In the Czech Republic, set-off rights are regulated exclusively by statutory law. General regulations on set-off arrangements are laid down in Sections 1982–1991 of the Czech Civil Code. Other laws relevant to set-off are the Business Corporations Act, the Capital Markets Act, the Financial Collateral Act, and the Act on Insolvency. The chapter first examines set-off between solvent parties, taking into account general regulations, specific regulations un

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Samanta, Jo, and Ash Samanta. 6. Assisted reproduction. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198815204.003.0006.

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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter deals with the statutory provisions governing assisted reproduction, with particular reference to the Human Fertilisation and Embryology Act 1990 (as amended) and the Human Fertilisation and Embryology Authority. It also explores the issue of access to services and whether these are available on the National Health Service, together with the ethica

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Paul, Torremans. Part VI The Law of Property, 33 Corporations. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780199678983.003.0033.

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This chapter examines the legal system governing corporations in relation to private international law. It begins with a discussion of the domicile of a corporation, which is sometimes used as a connecting factor for corporations in private international law, even if the concept of domicile applies primarily to natural persons. An example of a statute that uses the concept of domicile for corporations is the Income and Corporation Taxes Act 1988. Whereas every natural person gets a domicile of origin upon birth, a corporation's domicile is linked to its incorporation. A corporation is therefor

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Duval, Antoine, Alexander Krüger, and Johan Lindholm, eds. The European Roots of the Lex Sportiva. Hart Publishing, 2024. http://dx.doi.org/10.5040/9781509971473.

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This open access book explores the complexity of the lex sportiva, the transnational legal regime governing international sports. Pioneering in its approach, it maps out the many entanglements of the transnational governance of sports with European legal processes and norms. The contributors trace the embeddedness of the lex sportiva within national law, European Union law and the European Convention on Human Rights. While the volume emphasizes the capacity of sports governing bodies to leverage the resources of national law to spread the lex sportiva globally, it also points at the fact that

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Maurice, Kamto. Part 1 The Cold War Era (1945–89), 35 The US Strikes Against Libya—1986. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198784357.003.0035.

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This contribution discusses the US air strikes against Libya in 1986. It sets out the facts that led to the air strikes – notably the bombing of a West Berlin night club on 5 April 1986 –, the legal positions of the main protagonists (the US and Libya), and the international community’s reactions. It then tests the legality of the US strikes against the international legal framework governing the use of force as it stood at the time of the events, namely the rules governing the right to self-defence. The chapter concludes that the use of force in this particular case could not be convincingly

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23

David, Scorey, Geddes Richard, and Harris Chris. Part III Dispute Resolution Under the Bermuda Form, 17 Team Assembly. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198754404.003.0017.

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This chapter is primarily intended as a practical guide to the assembly of a legal team to handle a Bermuda Form arbitration. As discussed in earlier chapters, the paradigm arbitration pursuant to Article VI.N of the Form XL004, or a similar form, is one in which the underlying facts have generally arisen because of liabilities incurred in the United States, the law governing the Bermuda Form policy is that of New York, and that takes place in London pursuant to the English Arbitration Act 1996. But within the ‘usual’ model, the nature of the disputes often differs. For example, a case may tur

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Butt, Daniel. Law, Governance, and the Ecological Ethos. Edited by Stephen M. Gardiner and Allen Thompson. Oxford University Press, 2015. http://dx.doi.org/10.1093/oxfordhb/9780199941339.013.5.

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This chapter examines the limitations of both command-and-control and market-based legal mechanisms in the pursuit of environmental justice. If the environment is to be protected to at least a minimally acceptable degree, approaches that focus on the coercive force of the state must be complemented by the development of an “ecological ethos,” whereby groups and individuals are motivated to act with non-self-interested concern for the environment. The need for this ethos means that the state is dependent on the cooperation of a wide range of non-state actors. Recent work on environmental govern

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Samanta, Jo, and Ash Samanta. 8. Mental health. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198815204.003.0008.

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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on statutory provisions governing mental health and mental health disorders, with particular reference to the Mental Health Act 1983 and the Mental Capacity Act 2005. It first outlines modern approaches to mental disorders, including legal reforms and the MHA 1983 Code of Practice (2015). It considers the main routes by which patients are a

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Gabrielle, Kaufmann-Kohler, and Rigozzi Antonio. 2 The Law of the Arbitration. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780199679751.003.0002.

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This second chapter starts by clarifying the concept of ‘law of the arbitration’ or lex arbitri, underscoring that any arbitration needs to be governed by a national law of arbitration. The chapter then examines how to determine the national arbitration law that governs a specific arbitration by analysing the scope of application of the national arbitration law, especially Chapter 12 of the Private International Law Act (PILA), and distinguishing between international and domestic arbitrations. In this context, the chapter addresses the legal significance the seat of the arbitration, the pract

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Burris, Scott, Micah L. Berman, Matthew Penn, and, and Tara Ramanathan Holiday. Administrative Challenges. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190681050.003.0014.

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This chapter introduces the basic elements of administrative law and some key related legal doctrines. It covers administrative procedures acts that govern how agencies make or promulgate regulations and the rights of the public to have input. It then addresses the law governing legal challenges to the validity of the rules that agencies succeed in issuing, such as the ultra vires doctrine, and how agencies defend their decisions through legal doctrines such as Chevron deference. Finally, the chapter discusses how people establish standing to challenge agency actions, both through administrati

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van Leeuwen, Matthijs, and Martha Roggenkamp. Regulating Electricity Storage in the European Union. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198822080.003.0009.

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The chapter discusses the EU regulatory framework governing electricity storage. The obligation to reduce greenhouse gas emissions and the subsequent increase of electricity production from intermittent renewable energy sources is causing problems for balancing demand and supply, thus also balancing networks. Electricity storage is key to managing any excess electricity production and avoiding negative prices. However, this development takes place in a liberalized energy market, where network operators must act independently from production and supply. Establishing the purpose of electricity s

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Tyler, Amanda L. Rebellion and Treason. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199856664.003.0004.

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During the American Revolution, the treatment of the American “rebels” fighting for independence posed a series of difficult questions about the reach and framework of British law. The centerpiece of the legal calculus governing the detention of prisoners during the war—both in Great Britain and in the United States—remained the English Habeas Corpus Act of 1679. The war also confirmed the Act’s limitations on two scores. First, well before Americans declared independence, the British government had denied the Act’s application in the colonies, thereby taking the position that its geographic s

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Dignam, Alan, and John Lowry. 10. Derivative claims. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198753285.003.0848.

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Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines derivative action as a means of safeguarding minority shareholders against abuses of power and its implications for the principle of majority rule. It begins by analysing the rule in Foss v Harbottle (1843), which translates the doctrine of separate legal personality, the statutory contract, the ‘internal management principle’, and the principle of majority rule into a rule of procedure governing locus standi (tha

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Dignam, Alan, and John Lowry. 10. Derivative claims. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811831.003.0010.

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Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines derivative action as a means of safeguarding minority shareholders against abuses of power and its implications for the principle of majority rule. It begins by analysing the rule in Foss v Harbottle (1843), which translates the doctrine of separate legal personality, the statutory contract, the ‘internal management principle’, and the principle of majority rule into a rule of procedure governing locus standi (tha

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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 ad

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Spencer, Maureen, and John Spencer. 4. Character of defendant. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198715795.003.0004.

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The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and diagrams and flow charts. This chapter concerns a complex question in criminal evidence: situations where defendants may adduce evidence of good character to suggest lack of guilt and support credibility, and those where prosecution counsel or counsel for the co-defendant may cross-examine them on previous ‘reprehensible’ behaviour. The exclusionary rule was fundamental to the English

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Karine, Bannelier, and Christakis Theodore. Part 3 The Post 9/11-Era (2001–), 61 The Intervention of France and African Countries in Mali—2013. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198784357.003.0061.

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This contribution analyses the joint French-African intervention in Mali in 2013. After recalling the facts of the intervention, it examines the legal positions of the main protagonists and the reactions of third States and international organizations. It then tests the operation in Mali against the international legal framework governing the use of force as it stood at the time of the events. While the French and African military Operations in Mali were clearly legal, they raise important questions of jus ad bellum regarding the legal arguments put forward to justify them: collective self-def

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Graham, Lawrence D. Legal Battles that Shaped the Computer Industry. Greenwood Publishing Group, Inc., 1999. http://dx.doi.org/10.5040/9798400678080.

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A few lawsuits have changed the entire shape of the computer industry as nearly every aspect of computers has come under litigation. These courtroom battles have confused not only computer and legal amateurs, but lawyers, juries, and judges too. The result has been illogical legal opinions, reversals on appeal, and an environment in which the outcome of key legal battles is not only unpredictable but could change the industry's direction yet again. Graham surveys the past and shows how it points to the future. He illustrates how the absence of statutes specifically protecting software has freq

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Lohsse, Sebastian, and Dirk Staudenmayer, eds. Smart Products. Nomos, 2023. http://dx.doi.org/10.5040/9781509956760.

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This edited volume explores the EU legal framework governing digital productions. Looking specifically at smart products it sets out the impact of the Product Liability Directive. It goes on to discuss the Update Obligation relating to smart products and the wider consumer law issues at play. With expertise from leading academics and practitioners, this book brings welcome clarification to and expert explanation of a fast-moving field of consumer law.

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Natalie, Lichtenstein. 8 Transitions. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198821960.003.0008.

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Chapter 8, Transitions, provides an inside look at how AIIB’s governing bodies were created in the transition from negotiations to establishment and operation. First, the context and considerations for the transitional arrangements are explained, for the Prospective Founding Members and for AIIB as an international organization. The legal requirements for AIIB’s actual establishment are summarized and the development of basic documents and policies is noted. Particular attention is given to the transitional arrangements for AIIB’s governing bodies (President-designate and the Boards), and the

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Dino, Kritsiotis. Part 1 The Cold War Era (1945–89), 15 The Indian Intervention into (East) Pakistan—1971. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198784357.003.0015.

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This contribution discusses the 1971 Indian intervention in east Pakistan. It sets out the facts and context of the crisis, the legal positions of the main protagonists (India and Pakistan), and the international community’s reactions. It then tests the legality of the Indian intervention against the international legal framework governing the use of force as it stood at the time of the events. The final section examines if, and to what extent, the case has had an impact on the further development of the jus ad bellum, in particular whether it is a precedent for humanitarian intervention.

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Hannibal, Martin, and Lisa Mountford. 15. The Burden of Proof. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198765905.003.0015.

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This chapter explains the rules governing the legal and evidential burdens of proof that decide which party has the responsibility of proving a fact in issue to the court. It then discusses the degree of persuasiveness the evidence must attain to satisfy the appropriate standard of proof and considers the human rights issues in those exceptional situations where the accused has the legal burden of proof. For both the prosecution and the defence, the rules that allocate the burden of proof and the degree of proof are fundamental to the outcome of a case at trial.

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Hannibal, Martin, and Lisa Mountford. 15. The Burden of Proof. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198787679.003.0015.

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This chapter explains the rules governing the legal and evidential burdens of proof that decide which party has the responsibility of proving a fact in issue to the court. It then discusses the degree of persuasiveness the evidence must attain to satisfy the appropriate standard of proof and considers the human rights issues in those exceptional situations where the accused has the legal burden of proof. For both the prosecution and the defence, the rules that allocate the burden of proof and the degree of proof are fundamental to the outcome of a case at trial.

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Teaster, Pamela B., Winsor C. Schmidt , Jr., Erica F. Wood, Susan A. Lawrence, and Marta S. Mendiondo. Public Guardianship. ABC-CLIO, LLC, 2010. http://dx.doi.org/10.5040/9798216003045.

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This book offers the first full examination of the legal role of public guardianship in 25 years, comparing current conditions to those when the last study was published in 1981. Public Guardianship: In the Best Interests of Incapacitated People? is written to advance public understanding of what happens to disabled and elderly adults when no family member or friend is available to be a caregiver or guardian should it become necessary. It is the first major study on this critically important issue since 1981. Conducted by experts in gerontology, social work, public policy, and public health, i

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Constantine, Antonopoulos. Part 1 The Cold War Era (1945–89), 20 The Larnaca Incident—1978. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198784357.003.0020.

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This contribution examines the 1978 Egyptian commando operation at Larnaca International Airport in Cyprus. It sets out the facts and context of the incident, the legal positions of the states involved (Egypt and Cyprus) and the international community’s reactions. It then evaluates the legality of the Egyptian operation by reference to the international legal framework governing the use of force as it stood at the time of the events. The final section examines if, and to what extent, the case has had an impact on the further development of the ius ad bellum, in particular whether it has contr

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Tom, Ruys. Part 1 The Cold War Era (1945–89), 8 The Indian Intervention in Goa—1961. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198784357.003.0008.

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This contribution discusses the 1961 Indian intervention in Goa. It sets out the facts and context of the crisis, the legal positions of the main protagonists (India and Portugal), and the international community’s reactions. It then tests the legality of the Indian intervention against the international legal framework governing the use of force as it stood at the time of the events. The final section examines if, and to what extent, the case has had an impact on the further development of the jus ad bellum, in particular whether it has contributed to an exception to the prohibition on the us

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Hannibal, Martin, and Lisa Mountford. 15. The Burden of Proof. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198823216.003.0015.

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This chapter explains the rules governing the legal and evidential burdens of proof that decide which party has the responsibility of proving a fact in issue to the court. It then discusses the degree of persuasiveness the evidence must attain to satisfy the appropriate standard of proof including the test for a successful submission of no case to answer and considers the human rights issues in those exceptional situations where the accused has the legal burden of proof. For both the prosecution and the defence, the rules that allocate the burden of proof and the degree of proof are fundamenta

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Deloffre, Maryam Zarnegar, and Sigrid Quack, eds. A Relational Approach to NGOs in Global Politics. Oxford University PressOxford, 2025. https://doi.org/10.1093/9780198942757.001.0001.

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Abstract How do nongovernmental organizations (NGOs) create the spaces in which they act, despite all the odds against them? How do NGOs seem to meet the requirements of the moment, often being in the right place at the right time? Why is the sum of NGO activity frequently greater than the parts? These questions cannot be answered simply by looking at NGOs’ organizational attributes or outcomes. To truly grasp the power of NGOs it is necessary to examine how they relate to each other, as well as with states, intergovernmental organizations, businesses, and other actors. This volume argues for

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Edwards, Laura F. Only the Clothes on Her Back. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780197568576.001.0001.

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Only the Clothes on Her Back tells the history of law and commerce in the United States between the Revolution and the Civil War through textiles and the legal principles associated with them. Those principles existed not in statutes or treatises, but in social and cultural practices, commonly known then, but now long forgotten, which made textiles—clothing, cloth, bedding, and accessories, such as shoes and hats—a unique form of property that people without rights could own and exchange. Textiles' value depended on law, which was what made them a secure form of property for marginalized peopl

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Keane, Adrian, and Paul McKeown. 4. The burden and standard of proof. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811855.003.0004.

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This chapter discusses the rules governing which party bears the legal and evidential burdens on which facts in issue. These rules can determine the eventual outcome of proceedings; determine which party has the right to begin adducing evidence in court; in what circumstances a defendant, at the end of the case for the prosecution, or claimant, may make a successful submission of no case to answer; and how the trial judge should direct the jury. The chapter begins by defining and distinguishing the legal, evidential, and other burdens, and then considers in detail which burden is borne by each

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David, Scorey QC, Geddes Richard, and Harris Chris. The Bermuda Form. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198754404.001.0001.

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The Bermuda Form, Interpretation and Dispute Resolution of Excess Liability Insurance, Second edition Providing analysis and interpretation on the construction of the Bermuda Form, this second edition also addresses the dispute resolution process and covers the legal and practical issues which arise in the international arbitration of large and complex disputes under it. The volume has been thoroughly revised to take into account the major changes in the governing New York law since the first edition, as well as significant English case law such as AstraZeneca v ACE & XL. This case has had

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Sayles, Victoria. 12. Easements and profits. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198815198.003.0012.

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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses easements. An easement gives either a positive or, less often, a negative right of use over land of another (the servient land), which must be seen to benefit a dominant piece of land. A right that is capable of being an easement will only become an easement where it has been acquired by one of the recognised methods of acquisition. Easem

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Marc, Weller. Part 3 The Post 9/11-Era (2001–), 49 The Iraq War—2003. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198784357.003.0049.

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This contribution discusses the Iraq War of 2003. It begins by setting out the facts and context of the US and British invasion. It then considers the legal justifications put forward by the intervening states and assesses the reaction of the international community to these events. It then tests the legality of the intervention against the international legal framework governing the use of force as it stood at the time of the events. In particular it considers whether UNSC Resolution 1441 provided a legal basis for the use of force against Iraq. The final section examines if, and to what exte

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