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Asia-Pacific Trusts Law, Volume 3

Boundaries in Context

This book offers the first ever in-depth analysis of the emerging constitutionalism in South Sudan and the challenges it faces. The book critically analyses the constitution-making processes that occurred in South Sudan between 2005 and 2011, finding, among other things, that there was a failure of constitutional discourse, particularly in relation to the 2011 drafting process of the Transitional Constitution. It goes on to analyse how the constitution is being implemented. It finds that, despite the clear division of powers and functions between the national government and the sub-national governments, what has emerged in South Sudan in the post-constitution-making period is a form of coercive centralism where the national government controls much of the political decision-making process. This has had serious implications for democracy, constitutionalism, and the rule of law. Finally, bearing in mind the failure in both how the transitional constitution was made and how it is being implemented, the book undertakes a critical analysis of the proposed process for drafting a new constitution for South Sudan. It identifies serious shortcomings and proposes how these could be addressed to enhance the process.

Challenges and Opportunities

Emerging Constitutionalism in South Sudan

The Rule of Law in Context

How and why do the rule of law ideas shape the origins and functioning of the Russian state and society? 

This book explores how, over two centuries, the Russian meaning of the rule of law has been reflected in the legal doctrine, legislation, formal and informal practices of legal and political institutions, and also everyday life and the perceptions of Russian citizens at large and certain minority groups. 

The authors argue that legal dualism – the tension between constitutionalism and political expediency – explains the rise and fall of multiple ways in which the parts of the Russian state interact with each other and with citizens, and in which citizens and businesses interact among themselves both at home and abroad. 

Explaining the peaceful co-existence of these multiple ways of law, this book goes beyond the mainstream accounts of instrumental uses of law and lawlessness in Russia and offers novel ways of understanding the myriad ways in which law may matter in authoritarian regimes.

Power of Rulers, Power of Rules: Russia’s Legal Dualism in Action

The Rule of Law in Russia

Routledge Contemporary Issues in Criminal Justice and Procedure

This book critiques the autonomy based theoretical foundations of the legal response to sexual offences. To do so it examines the legal treatment of incapacitated rape victims arguing that the autonomous foundations have created a hierarchal response that forces individuals to be responsible for avoiding harm. The book uses vulnerability theory in two innovative ways. It challenges the foundations of the autonomous liberal legal subject in sexual offences, and it suggests a new sexual offence based on a vulnerability lens. Through this understanding of vulnerability, it argues that an autonomy-based approach is at the core of the inadequate response to sexual assault complainants. It therefore encourages readers to rethink what we know about what it means to be human, how we view sexual offences, and how we treat incapacitated complainants. The book blends theory and policy to offer new and holistic ways to rethink our response to sexual offences and challenges the formulation of the subjective nature of consent and sexual assault. The book will be of interest to researchers, academics and policy-makers working in the areas of Criminal Justice, Criminology, Gender Studies and Social Policy.

The Inadequacy of the Autonomy-based Approach

Vulnerability and Sexual Assault Law

Rechtsvergleichung und Rechtsvereinheitlichung

This volume contains all the papers presented during the working session of the Section for Comparative Commercial and Business Law at the 39th Conference of the German Society for Comparative Law in Berlin. Today, the European Union (EU) and the Organisation pour l'harmonisation en Afrique du droit des affaires (OHADA) are the two most integrated supranational organisations in the world. On the one hand, OHADA was institutionally modelled on the EU. But on the other hand, based on an essentially French legal tradition, OHADA was able to go much further in the unification of commercial law, as evidenced by meanwhile eleven Uniform Acts relating to principally all aspects of commercial law. 140 years after the beginning of the so-called Berlin Conference concerning the Scramble for Africa this comparative approach also reflects the paradigm shift in the relationship between Europe and Africa.

Perspectives of a Mutual Influence in Commercial Law

Model EU and Pattern OHADA?

Charitable donation law faces a persistent challenge when testators leave gifts to charities that no longer exist, creating uncertainty that often leads to costly litigation between intended beneficiaries. This book examines how traditional legal scholarship has attempted to resolve these disputes, and proposes fundamental reforms to create more robust, donor-friendly frameworks.Drawing on extensive case law surrounding failed charitable bequests, this book demonstrates how traditional approaches to "mapping" and "bringing order" to legal precedents have failed to address the underlying policy concerns that drive these disputes. Through comparison of various flawed legislative reforms in New Zealand and South Australia, the book identifies the shortcomings of existing approaches and develops a comprehensive blueprint for reform that prioritises legal certainty while protecting donor intentions. Through systematic analysis of judicial reasoning and legislative responses across multiple jurisdictions, this book challenges fundamental assumptions about how charity law should develop and offers concrete proposals for creating more effective legal structures.This interdisciplinary analysis will be of particular interest to researchers in charity law, trusts and estates, and comparative legal studies. The book's integration of doctrinal analysis with policy critique and reform proposals makes it essential reading for academics working at the intersection of private law and social policy.

Remapping Risk in Giving

Charitable Donation Law

Why elite Chinese women find themselves caught in a cycle of burnout. Burnout Market Feminism explores the lives of elite urban businesswomen in the Internet Age. Burnout market feminism combines Han Byung-Chul's concept of the Burnout Society and feminist Li Xiaojiang's market feminism theory. To unravel the puzzle of how women in China have thrived in business despite state crackdowns on feminism, Ling Tang argues that it is important to examine the role of the market in postsocialist China and the evolving interplay between illiberal politics and a neoliberal economy. Drawing on multisited ethnography conducted primarily in Shenzhen and Hefei during the Xi era, the author looks at the multiplicity and nuance of the lived experiences of businesswomen and their negotiations with patriarchy across different sociocultural contexts, particularly their confrontations with hetero-patriarchal intimacy norms and male-dominated guanxi business practices. Despite following diverse paths, these women share a common pursuit of achievement and growth—a pursuit that paradoxically narrows their market feminist efforts and leads to burnout, as these negotiations are often reduced to contingent bargains within a neoliberal framework. The book also extends the discussion of burnout beyond that framework, incorporating feminist critiques of women’s burnout under patriarchy and postcolonial critiques of burnout within a rhetorically socialist authoritarian state.

Why elite Chinese women find themselves caught in a cycle of burnout. Burnout Market Feminism explores the lives of elite urban businesswomen in the Internet Age. Burnout market feminism combines Han Byung-Chul's concept of the Burnout Society and feminist Li Xiaojiang's market feminism theory. To unravel the puzzle of how women in China have thrived in business despite state crackdowns on feminism, Ling Tang argues that it is important to examine the role of the market in postsocialist China and the evolving interplay between illiberal politics and a neoliberal economy. Drawing on multisited ethnography conducted primarily in Shenzhen and Hefei during the Xi era, the author looks at the multiplicity and nuance of the lived experiences of businesswomen and their negotiations with patriarchy across different sociocultural contexts, particularly their confrontations with hetero-patriarchal intimacy norms and male-dominated guanxi business practices. Despite following diverse paths, these women share a common pursuit of achievement and growth—a pursuit that paradoxically narrows their market feminist efforts and leads to burnout, as these negotiations are often reduced to contingent bargains within a neoliberal framework. The book also extends the discussion of burnout beyond that framework, incorporating feminist critiques of women’s burnout under patriarchy and postcolonial critiques of burnout within a rhetorically socialist authoritarian state.

Urban Chinese Businesswomen in the Internet Age

Burnout Market Feminism

This book investigates core legal-political cultural myths of the Australian nation by canvassing, challenging and recasting some of the well-understood debates around, and invocations of, 'the rule of law' in Australia. It foregrounds one of the most enduring and prominent manifestations of these debates: claims to state sovereignty and rule of law in a system that has an incoherent legal foundation in its intentional ignorance of, and arbitrary violence perpetrated against, First Nations, their people, their sovereignty and their law. It examines the claims and celebrations of colonial rule of law achievements; constitutional rule of law protections; and the rule of law as tool to delineate and circumscribe the role of judges in the State. It presents a survey of the constitutional and legal principles and institutions and explores the socio-political aspects of rule of law in the country and how rule of law is experienced. With a focus on the legacy of the treatment of First Nations people, the book looks at how the Australia's rule of law institutions and machinery continue to exclude and fail vulnerable, marginalised and publicly reviled groups. Exploring these arguments through historical and contemporary case studies, including native title negotiations, anti-terrorism regimes, the government's response to the COVID-19 pandemic, the push for constitutional enshrinement of a First Nations Voice, and the Royal Commission into the government's 'Robodebt' inquiry, this book shows the inescapable messiness of rule of law in Australia as a legal and political concept, instrumentalised and weaponised across its history.

Living in the Long Shadow of Colonialism

The Rule of Law in Australia

'This new edition tells you all you need to know about how construction defects in homes occur, how they might be prevented, and how they might be cured.' &gt;The first edition of Residential Construction Law in 2021 offered the only systematic and analytical overview of the legal framework for residential construction. Since then, there have been significant legislative and caselaw developments across the UK, Aotearoa New Zealand, Australia and Ireland. In this second edition, the authors and their team of specialist contributors have completely revised the content, taking these changes into account. This new edition refers to more than 350 new cases, along with ground-breaking reforms like the UK's Building Safety Act 2022 and lessons from the September 2024 Phase 2 report of the Grenfell Tower Inquiry. The book also anticipates planned reforms, including sweeping changes in several Australian states. &gt;Accompanying online resources for this title can be found at bloomsbury.pub/residential-construction-law

The Uk, Ireland, Australia and New Zealand

Residential Construction Law

Hart Studies in Constitutional Law

Landmark edited volume on the making and amendment of the UK constitution.

Making and Amending the Constitution

Retail Marketing in the Modern Age explores contemporary concepts and strategies essential to building successful retail brands globally. The book captures the essence of modern retail marketing by examining both traditional and extended elements of the retail mix in today's dynamic, evolving business environment. It provides a comprehensive understanding of how digital transformation, driven by technologies such as AI, ML, VR, AR, IoT, Blockchain, cloud computing, and data analytics, along with advanced PoS systems, CRM platforms, ERP systems, and RFID technology is reshaping integrated marketing communication, brand campaigns, merchandise management, category management, assortment planning, personalization, and the shopping experience, reflecting the purpose and promise of a brand.Focusing on emerging trends, the book explores new formats and business models, with emphasis on omni-channel retailing and its key constituents. It also addresses the tangible and intangible aspects of retailing, offering insights into how to achieve deeper customer engagement and patronage loyalty. It provides an in-depth overview of contemporary retail design elements, store ambiance, visual merchandising, planograms, and fixtures. Latest, practical insights on Human Resource Management, managing luxury brands, building curated Private Label Brands, mall operations, location strategies, Public Relations, influencer marketing, loyalty programs, and sustainability initiatives provide a holistic outlook.Designed for students, researchers, and professionals in Retail Management, Marketing, and Branding, this book combines theory with practical applications. Through real-world examples, case studies, and illustrations, it equips readers with critical skills to navigate the complexities of modern retail marketing.

Retail Marketing in the Modern Age

Communication for Development introduces readers to the foundational concepts of development communication, including key theories and models that shape diverse perspectives. It provides a robust framework for understanding and applying the theoretical, practical, and creative skills essential to the study of development communication.The book enhances understanding of development processes, focusing on their role in driving social change, public development programs, and advocacy efforts. It explores interactive approaches to working with communities, creating tailored messages, and utilizing various communication channels to foster positive behaviors and sustain individual, community, and societal change. Additionally, it highlights the importance of communication in promoting social and behavioral transformation, with a particular focus on its application in health, social, and other development fields.This book serves as an ideal textbook for students and researchers in communication for development, journalism and mass communication, sociology, development studies, public health, and women and gender studies. It is also an invaluable resource for professionals in media, government, NGOs, and advertising. With its comprehensive approach, the book is well-suited for adoption as a textbook in South Asia, North America, and parts of Africa, where communication for development is a key area of study at graduate and postgraduate levels.

Theories and Practices

Communication for Development and Social Change

Hart Studies in Security and Justice

This book examines the constitutional treatment of national security in the UK, Canada, Australia and New Zealand. These four states share their Commonwealth heritage and are members, alongside the USA, of the Five Eyes intelligence-sharing alliance. The book takes a comparative approach to the institutions through which, and tools with which, these four states seek to protect their national security against the threats of both terrorism and hostile state activity and how they have evolved over time. It identifies and examines the various specialised institutions, inside and outside of legislatures, which have grown up to oversee the exercise of public power for national security purposes while maintaining the required secrecy. It argues that the extent of the borrowing and sharing between these jurisdictions in the domain of national security, now and in the past, permits us to talk about a Commonwealth model of national security constitutionalism.

National Security Constitutionalism in the Commonwealth Five Eyes States

Asia-Pacific Trusts Law, Volume 3

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