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Access to Justice for Small Businesses

European and Comparative Perspectives

Human Rights Law in Perspective

This book offers an analysis of how the European Court of Human Rights engages with identity and emotion, revealing both the promise and the limitations of human rights law in addressing the complexities of human experience. The book explores how human rights law, often framed as universal and abstract, responds to deeply personal questions of identity, belonging, and emotional impact. Based on a systematic study of over 3,300 judgments, the book shows how the European Court of Human Rights has increasingly made identity central to its reasoning - particularly in cases involving sexuality, ethnicity, and family life. In these areas, the Court acknowledges how state actions shape emotions such as fear, humiliation, and dignity. Yet, in other domains - migration, religion, professional life - the Court avoids emotional engagement, leading to troubling inconsistencies. The book argues that when emotions are excluded from legal reasoning, individuals are reduced to formal entities, stripped of depth and interiority. Combining doctrinal analysis with insights from social theory and psychology, the book presents a new framework for understanding how emotions and identity interact with law. It traces the evolution of identity references across categories and highlights the Court's uneven treatment of emotional harm. This timely and original contribution speaks to legal scholars, practitioners, and theorists interested in human rights, identity politics, and the emotional dimensions of law. It calls for a more responsive and empathetic human rights jurisprudence - one that reflects the lived realities of those it seeks to protect.

A Sentimentalist Analysis of Human Rights

Identity and Emotions at the European Court of Human Rights

Hart Monographs in Transnational and International Law

This book offers the first comprehensive study of quasi-judicial bodies and their operation in international law. What are quasi-judicial bodies as a formulation in international law? Though these are currently legion at the international level, there is yet to be a rigorous analysis of them as a category. This book fills this gap by setting out a comprehensive and detailed map of this quasi-judicial terrain. Taking a comparative approach, it looks at the form and function of these bodies, as well as commenting on their effectiveness. It goes further to explore their understanding at the domestic and international court level. This is a fascinating study that will be of interest to all scholars of international courts and institutions.

What are quasi-judicial bodies as a formulation in international law? Though these are currently legion at the international level, there is yet to be a rigorous analysis of them as a category. This book fills this gap by setting out a comprehensive and detailed map of this quasi-judicial terrain. Taking a comparative approach, it looks at the form and function of these bodies, as well as commenting on their effectiveness. It goes further to explore their understanding at the domestic and international court level. This is a fascinating study that will be of interest to all scholars of international courts and institutions.

Quasi-Judicial Bodies in International Law

This open access book establishes an interpretative framework by means of a functionalist-originalist reading of EU law and comparative federalism, in particular US constitutional law. The EU is undergoing one of the most profound structural crises of its history, relating to the rule of law and fundamental rights. The author conceptualises the existential question in terms of ontology, constitutional legitimacy, doctrine and institutional process. By providing the first conceptual methodology (based on comparative federalism and focusing on law and rights) the book develops proposals which can be used to address the EU's current constitutional challenges. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Provides an exciting new statement on how best to understand the current constitutional crisis faced by the EU by drawing on comparative federalism.

A Comparative Perspective

The Diagonality Problem of the EU Rule of Law

This open access book tells the story of how a standing board of judges in London has shaped the constitutional laws of Commonwealth countries through its most consequential decisions since 1833. It provides a broad-ranging critical analysis of the Judicial Committee of the Privy Council's (JCPC) constitutional influence and legacy to date as the oldest serving multinational supreme court in the world. From over 193 years of case law, 17 decisions are identified and represent, for better or worse, defining historical and constitutional moments in their respective jurisdictions and beyond. They originate from 11 countries on 5 continents, reflecting the once worldwide breadth of the JCPC's authority. Several cases from the Global South, which have tended to be overlooked in the Western literature and case law, are included. In this first-ever collection of JCPC case studies, the authors explain the court's pivotal role in redefining the relationship between the UK and the rest of the Commonwealth, articulating the structures of Westminster constitutions, and interpreting fundamental human rights. The collection offers an outlook on the JCPC's future as it carries on with its subsisting mandate in the 31 countries and territories still under its jurisdiction. The book is aimed at public law scholars, practitioners, and students from Commonwealth countries. It will also interest readers who seek to learn about the British and Commonwealth constitutional traditions. From this volume of 15 original studies on a unique judicial institution in modern history, the reader will gain a deeper comprehension of our constitutions and their mutual influences within and across legal traditions. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Foundational and Leading Constitutional Cases

The Judicial Committee of the Privy Council

Modern Studies in European Law

Structural Principles of EU Law

This book offers a pioneering and deeply insightful examination of one of the most challenging dilemmas in contemporary counterterrorism and international law: how to legally and morally assess the responsibility of female suicide bombers affiliated with terrorist groups such as Boko Haram. It exposes a critical legal blind spot where female bombers are caught in a 'grey zone' - neither fully prosecuted nor released - due to conflicting norms around gender, victimhood and terrorism. Drawing on extensive research including interviews, case studies of failed suicide bombers, and legal analysis of terrorism cases, it develops a novel culpability framework that moves beyond simplistic notions of guilt or innocence. By exploring the complex spectrum of moral and legal responsibility, this framework offers a much-needed tool for policymakers, judges, practitioners, academics and students dealing with terrorism, war crimes and transitional justice. It challenges prevailing gender stereotypes that often either criminalise women excessively or excuse them arbitrarily and instead provides a nuanced approach that recognises female bombers as individuals whose actions range from coerced victimhood to accountable perpetrators. More than a legal study, this book humanises the lived realities of women involved in violent extremism and highlights the urgent need for legal systems worldwide to adapt. It is essential reading for scholars, legal professionals, policymakers, and anyone interested in terrorism, gender, human rights and international justice.

Gendered Dimensions of Responsibility

Culpability in Terrorism Law

This groundbreaking book explores the dynamic intersections between religion as a cultural-theological construct and intellectual property as the legal framework governing creativity and innovation. Featuring contributions from over 30 leading scholars, the book examines how IP law regulates religious subject matter-sacred symbols, texts, music-and how religious traditions shape and are shaped by contemporary issues in IP law. From Islamic perspectives on trademark law to Jewish analyses of copyright and Confucian views on IP law, the book provides a multicultural lens on the interplay between faith, law, and commerce. A critical resource for IP scholars, ethnographers, theologians, and policymakers, this book offers fresh insights into the global and interdisciplinary dimensions of intellectual property, enriching both academic discourse and practice.

Cross-Cultural Intersections of Faith and Law

Intellectual Property and Religion

Studies in Private International Law

This monograph provides an in-depth analysis of Article 7 of the Rome II Regulation, and its interplay with other EU PIL provisions, from a litigation perspective. Simultaneously, due to its critical approach, it provides a blueprint for the European legislator to implement future legislative amendments in the said rules, in order to suppress their limitations. Overall, the book reaches conclusions on:
*whether it is effective at all, from the standpoint of environmental protection, to intervene in environmental matters though PIL means; 
*whether PIL interventions in environmental matters enhance and spread the EU’s environmental law policy, both inside and outside the EU
*whether the EU is adequately using the PIL tools at its disposal to intervene in (environmental) global governance.

Choice of Law as a Tool of Environmental Global Governance

Private International Environmental Litigation before EU Courts

A Festschrift for Rob Cryer

The Character of International Law

What impact has Australia had on international law and what is its significance in terms of its participation in the transnational legal system? This collection of essays delves into the history of Australia's interactions with international law and considers how its people have shaped international law. It explores key issues such as the country's imperial and settler past. It assesses how Australians have contributed to key institutions such as the ICJ, the UN and the British Commonwealth. It gives a fascinating insight into international law's impact on a domestic legal system and the complex and multifaceted nature of that relationship. Scholars from across the international spectrum, whether in the field of law, politics or history, will welcome this erudite and engaging work.

From Empire to the Contemporary World

Australia in the International Legal System

This open access book brings together leading European labour law scholars to explore how workers' representatives' rights are evolving in the context of the digital transformation of work. Rooted in EU and national legal frameworks, the book examines how information and consultation (I&amp;C) rights must adapt to the challenges posed by platform work, algorithmic management, cross-border telework, and digitalisation more broadly. Structured around 4 key themes-Who is entitled to I&amp;C rights; Where these rights apply in transnational and virtual workplaces; How they are exercised in the context of AI, occupational safety, and industrial democracy; and What new rights are emerging in response to digital risks-the book offers a comprehensive and comparative analysis of labour law in the digital age. It pays particular attention to the role of workers' representatives in shaping and implementing emerging rights such as the right to disconnect. Drawing on the findings of the DIGILARE research project (EU grant 101126503), the volume provides actionable legal and policy insights for EU institutions, national lawmakers, social partners, and practitioners. It proposes reforms to strengthen democratic participation, enhance transparency in algorithmic decision-making, and safeguard workers' autonomy in increasingly fragmented and remote work environments. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

EU Legal Perspectives

Information and Consultation Rights in the Digital Workplace

This book explores the foundations of the principle of altruism and its relationship to the criminal law, examining the contrasting justifications for the duty of easy rescue and the duty of tolerance, both of which are based on altruism. Since the days of Lord Macaulay and James FitzJames Stephen, it has been said that English law does not usually punish omissions, and that altruistic duties are incompatible with the spirit of the common law. This book aims to show that this is not an accurate description of English criminal law, and that there is a strong case to be made for the opposite understanding, based on principles advanced by authors such as Adam Smith, Jeremy Bentham, John Stuart Mill and others. By analysing the duty of easy rescue - which imposes on individuals a duty to take steps to rescue a person in danger if this can be done without risk to the rescuer, or at least a duty to call the emergency services - and by comparing it with the well-known duties arising in cases of extreme necessity, it can be shown that altruism has plenty to say in different parts of the criminal law. Having established the case for criminalising the failure to provide a simple rescue, a detailed analysis is made of the form that this criminalisation should take, bearing in mind the basic principles of English law and considering the strengths and weaknesses of the duty of easy rescue as it is formulated in various continental systems, including the German, French, Spanish and Italian criminal codes.

Duties of Rescue and Tolerance

Altruism and the Criminal Law

Access to Justice for Small Businesses

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