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Building a Successful Fiscal Federation

Constitutional Lessons for the EU

Elements of International Law

Reservations to Treaties

A Festschrift for Rob Cryer

The Character of International Law

This book presents a contemporary perspective on legal rights centred on the longstanding will theory-interest theory debate. Starting with classical rights literature, central aspects of the debate in its modern idiom are contextualised within a social theory setting developed from the writings of Max Weber. The book explores the idea that the institutional and coercive character of legal enforcement necessitates viewing legal rights as a locus of social power residing within the 'institutional imagination': that is, in the decision-making of key institutional actors such as judges, prosecutors, police, governmental authorities - and ultimately supreme court judges - who routinely mobilise coercive mechanisms towards the enforcement of legal rights and powers. This marks a departure from the trend of rights literature to view legal rights largely from the standpoint of the right-holder. The book also touches on whether the emerging perspective points towards a 'third way' beyond the traditional two theoretical approaches. A major task of the study is the construction of an archetypal supreme court judge - personifying the 'institutional imagination' - fashioned, via Weberian sociology, from a critique of Ronald Dworkin's 'Herculean' judge and measured against doctrinal exegesis that draws on sources which include UK higher appellate court judgments.

Legal Rights and the Institutional Imagination

This book gives the first in-depth assessment of how justification functions when women are claiming their right to equality. How can courts assess whether a proposed limit to women's equality is constitutionally justified? This question is rarely explicitly asked, with the assumption that well-established limitation frameworks, such as proportionality, are able to assess whether limits to women's rights are justified. However, delving into the theory and practice of justification reveals fracture points between the dominant approach to justification and women's rights to equality. One of its distinctive characteristics is the question of whether any analytical entwining or unwinding of equality and justification enhances the protection of women's rights to equality in constitutional democracies. It proposes a novel asymmetric relationship between equality and justification that requires innovative methodological approaches that enrich the task of adjudicating limits to women's equality. This is an intriguing, articulate and compelling examination of a question with real and applied significance to all those working on human rights and equality.

The Function of Justification in Achieving Women’s Equality

Hanging in the Balance

Studies in International Trade and Investment Law

This book charts a pioneering course for researchers and policy makers seeking to understand, navigate and influence the decentralised international legal order. It invites readers on an exploratory journey that treats international trade, investment and tax law as laboratories for the application of the complexity framework to public international law. It describes familiar international legal regimes in unfamiliar terms by shining a light on trade, investment and tax as living sub-systems inside a self-organising network. Drawing on the vocabulary and metaphors of the complexity framework, such as emergence, feedback, attractors and path-dependency, the book explores why treaties proliferate, why some legal reforms stagnate and others cascade, and where small, well-placed interventions can redirect the whole. Moving beyond descriptive frames, the book supplies a predictive lens and a practical toolbox for steering international law, for example, towards increased resilience. A rich repertoire of examples and vivid metaphors show how legal evolution is shaped. The book's critical reflections keep the promise of complexity grounded in normative debates. Written for readers with only a basic background in the regimes that govern international economic relations and no prior knowledge of complexity, the book introduces a novel frame of reference to the study of public international law. This book is written for anyone worried about incoherence, fascinated by interconnectedness, and searching for levers of change.

Interaction and Evolution in International Economic Law

Public International Law as a Complex Adaptive System

This book re-examines the origins and development of the laws of war and human rights law and exposes an overlooked provision of the European Convention on Human Rights which permits the use of lethal force where absolutely necessary to quell an insurrection. When civilian casualties occur in internal armed conflicts, questions are asked about how civilians can be better protected against the use of force by armed insurgents and state security forces. The laws of war include protection against the targeting of civilians but permit the use of force based on 'military necessity' and allow 'proportionate' civilian casualties. Where those laws do not apply, the use of force is generally seen as being limited to self-defence. This creates paradigms of armed conflict and law-enforcement with very different rules. The paradigms are then treated by governments and other actors as being separate and divided by a threshold of violence, when, in practice, they overlap, both in the conduct of military operations and, this book argues, as a matter of law. Revisiting the law provides the opportunity to reassess the benefits and risks of the existing paradigms and consider how applying the provision permitting the use of lethal force in quelling an insurrection would affect them. The book concludes that it offers a middle way based on the existing law, but it requires wider recognition and development in order to achieve a more appropriate balance between human rights and collective security.

Lethal Force, Human Rights and the Laws of War

Quelling Insurrection

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

For more than a century, the United States has relied on the income tax to fund government and shape distributional policy. Designed to tax both labor and capital, the system has drifted from that ambition. The Income Tax Collapse offers a clear, accessible account of how this shift occurred.
At the center of the book is the set of techniques known as "buy, borrow, die", longstanding features of tax law that allow wealthy households to accumulate and spend capital income while reporting little or none of it. These practices now shape outcomes for entrepreneurs, business owners, workers, mixed work-wealth households, and the wealthiest citizens.
Looking ahead, the book identifies the structural pressures driving the system and presents realistic reform options, from adjustments to realization rules to broader shifts such as mark-to-market, wealth taxation, or progressive spending taxes.

Buy, Borrow, Die and Beyond

The Income Tax Collapse

This book radically reforms the classical paradigm of international law. It proposes a novel theoretical framework of the 'separation of powers in a globalised democratic society', where both actors and norms are pluralised beyond a unitary and monolithic 'state' and international law as norms of, by, and for 'states'. The book applies this framework to holistically examine the interactions between human rights treaty organs - the European Court of Human Rights, the Inter-American Court of Human Rights, and the UN Human Rights Committee - and state organs, including parliaments, courts, administrative organs, and national human rights institutions. The book provides an innovative, original contribution to both the theory and practice of international human rights law.

Beyond Monolithic States

Pluralising Actors and Norms in Human Rights Treaties

The untold stories behind New Zealand's tax system through the analysis of the critical junctures in the development of New Zealand tax law and policy. From the 1912 Waihi mining strike to modern asset-stripping rules, from century-old gambling taxes to decades-long debates over the taxation of capital gains, this book reveals the fascinating threads that weave through New Zealand's tax history. Bringing together the insights of judges, policymakers, administrators, and practitioners who have shaped the system, along with inputs from tax academics, this book offers both intimate personal accounts and authoritative outside perspectives on how taxation evolved in Aotearoa and what other countries can learn from it. Why has New Zealand debated a comprehensive capital gains tax for nearly sixty years without implementing one? How did public-private cooperation forge unique policy solutions? How has New Zealand both inspired international tax developments and boldly charted its own course, often diverging from the OECD's tax guidance? These questions and many more are answered through rigorous analysis and compelling storytelling. Whether you are a tax professional, a policy analyst, a tax scholar, a student, or simply curious about the history of taxation, this collection offers invaluable insights into one of the world's most competitive, and yet cohesively consultative, tax systems.

Critical Junctures and Development

New Zealand Tax Law and Policy

A compilation of federal regulations, the Code of Federal Regulations (CFRs) are an authoritative source of government information representing broad subject areas.

Code of Federal Regulations, Title 40 Protection of the Environment 72-79, Revised as of July 1, 2024

In this book, practitioners, judges and academics provide a comprehensive assessment of the Contracts (Rights of Third Parties) Act 1999, a legislative cornerstone of English contract law. The 1999 Act is a central statute in contract law, which transformed the rules on privity. Yet comparatively little is written on it. On the Act's 25th anniversary this study fills that gap. Experts in the field from academia and practice assess its reach and impact, shedding light on its areas of complexity. In addition to essays addressing the main provisions of the 1999 Act and the remedies that can be pursued under it, the consequences of the legislation on arbitration, banking, construction, employment, insurance, shipping and many other specialist fields are considered. The volume is introduced and concluded by reflections on the Act's history and future by Lord Burrows and Lady Justice Cockerill. This is a seminal reference work for all practitioners engaging with the 1999 Act, as well as scholars and students of contract law.

The Contracts (Rights of Third Parties) ACT 1999 at 25

Building a Successful Fiscal Federation

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