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Chinese (Taiwan) Yearbook of
International Law and Affairs, Volume 4

Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 43 (2025)

Emerging Legal Education

Exploring the broader, non-technical, social and political senses of being situated, this edited collection provides a range of different substantive perspectives on situated learning in legal education.The expert cast of contributors to this book highlight the theory, practice, and impact of situated learning in legal education. Chapters apply situated learning to topics including climate change, First Nations and Indigenous voices, inclusion and belonging, authentic assessment, and generative artificial intelligence. The book questions what differences these intersecting contexts and situations - including the technological, the decolonial and the climatological - make to the practice and thinking of legal educators. In doing so, it considers how legal knowledge and professional identity are shaped through participation, experience, and engagement with communities and real-world problems, and what situated learning can contribute to the future of legal education.This book will be of interest to researchers in the fields of legal education, higher education, digital law, climate change law and decolonial law, as well as legal educators and practitioners interested in curriculum, assessment and educational innovation.

Context, Participation and Practice

Situated Learning in Legal Education

Alabama Water-Resources Law is first truly comprehensive study examining the structure and shortcomings of Alabama's water law. This prodigious treatise provides a necessary tool to help the state and its people understand and prepare for the wise use of its water resources. Part I provides a clear and critical statement of Alabama's current water law in eleven chapters. Part II expands on the criticisms of existing Alabama law, recounts the history of previous efforts at addressing those criticisms, and makes recommendations for change, taking lessons from other southeastern states.This is a must-read for all Alabama policy-makers, attorneys, and concerned citizens to answer water-law questions and to make proactive laws to bring Alabama into twenty-first-century practices.

A Critical Treatise

Alabama Water-Resources Law

Modern Studies in European Law

This book clarifies all legal aspects of the good neighbourliness principle in international and EU law. It elaborates on the most acute infringements of the principle of good neighbourliness in both international relations and EU enlargement policy. Taking a two-part approach, it offers the international law and EU law perspectives. Over five chapters, it sets out the legal framework and the practical application of the principle, before setting out conclusions on the effectiveness of that application. Given the current focus on enlargement and accession to the EU this is a timely and topical study in an under-researched field.

The Principle of Good Neighbourliness in International Law and EU Law

Hospitality, Sovereignty and the Law of Migration

Welcoming the Stranger

This classic textbook provides a thorough overview of European private international law. It is essential reading for students and practitioners of private international law and transnational litigation, wherever they may be located: the European rules extend beyond European shores. Opening with foundational questions, the book clearly explains the subject's central tenets: the Brussels I, Rome I and Rome II Regulations (jurisdiction, applicable law for contracts and tort). Additional chapters explore private international law and insolvency, freedom of establishment, and the impact of private international law on corporate social responsibility. The relevant Hague instruments, and the impact of Brexit, are fully integrated in the various chapters. Drawing on the author's rich experience, the new edition retains the book's hallmarks of insight and clarity of expression, ensuring it maintains its position as the leading textbook in the field.

Commercial Litigation in the EU

European Private International Law

Elements of International Law

Reservations constitute the principal mechanism by which states may modify or limit the legal effect of treaty obligations following the adoption of a treaty text. Yet they remain among the most complex and contested features of the law of treaties, even for experienced international lawyers. Set against the broader framework of the Vienna Convention on the Law of Treaties (1969), Reservations to Treaties offers a clear, systematic, and practically oriented account of how to identify, interpret, and apply the rules governing reservations.

Drawing on an extensive body of state practice, encompassing more than 150 states and over eighty treaties, the book grounds its analysis in diverse geographical and historical contexts. Through detailed examples and careful engagement with practice, it illustrates how reservations operate across a wide range of subject areas within international law. The chapters provide a structured and accessible guide to navigating this often perplexing area, supported by comprehensive referencing and analysis.

Combining rigorous scholarship with detailed examples, the book is designed to support both specialists and non-specialists in navigating treaty practice, while contributing to a deeper understanding of how reservations shape treaty relations and the development of the international rule of law.

Reservations to Treaties

This collection brings together revised/updated and new essays on EU citizenship by one of the leading commentators in the field. This important collection argues, in the face of increasing pessimism (not least from other citizenship lawyers), that EU citizenship offers much to admire and celebrate. The author explores the question from three perspectives; firstly looking at the status of citizenship in Europe before moving onto perceived points of issue. Finally the author sets out the added value of citizenship, concluding that despite all the challenges faced, it is well placed to deal with future challenges both in the medium and long term. This is an important statement on the current and future status of a key tenet of European Union law by one of its leading commentators, and will be required reading for all scholars in the field.

Brings together revised/updated and new essays on EU citizenship by one of the leading commentators in the field.

Ius Tractum of Many Faces

European Citizenship

The history of equity takes in questions of philosophy, theology, jurisprudence and legal history. When we speak of 'equity', do we mean Aristotelian epieikeia, civilian aequitas, a theological or juridical conscience, the common law concept of the 'equity of the statute', or merely the rules applied by the Court of Chancery before 1875? The purpose of this volume is to chart the evolution of equity in English legal history from the medieval period to the present day. Whether by investigating the historical foundations of the modern law, the jurisprudential underpinnings of the equitable jurisdiction, or the socio-political context of discrete legal developments, this collection exposes the strands of thought which 'equity' comprises and the mechanisms by which its rules evolved.

Essays on the History of Equity

Market Abuse, Insider Dealing and Financial Crime

If you want to know more about living trusts, this book is here to help. Make Your Living Trust gives you straightforward and easy-to-understand information about how living trusts: <ul> <li>compare to wills</li> <li>pass property to beneficiaries without probate</li> <li>provide for minor children, and</li> <li>help protect against unexpected incapacity.</li> </ul> You might have heard about living trusts and have a general sense that you should make one. But if you're like most people, you're not exactly sure why or how to do it. If this sounds like you, Make Your Living Trust provides the information and support you need to make informed estate planning decisions. For many people, living trusts are a useful tool to keep their property out of probate. This makes a lot of sense because probate often makes the process of wrapping up an estate more complicated and expensive than it needs to be. And there are other reasons to make a living trust -- a living trust allows you to authorize someone to take care of your property in case of incapacity, and (unlike wills) living trusts keep your personal business private. That said, not everyone needs a living trust. Many people need only a will and a durable power of attorney. Others might use those in conjunction with pay-on-death accounts or transfer-on-death deeds. Compared to other estate planning tools, living trusts can be more expensive to create and more complicated to live with. So, you don't want to go through the trouble and expense of making one if you don't need to. Make Your Living Trust helps you think through these and many other trust-related issues. For example, it helps you weigh the pros and cons of making a living trust yourself versus having an attorney draw one up. It also covers questions that might come up as you make a living trust (with or without a lawyer), like: <ul> <li>What types of property work well in a living trust?</li> <li>Can you and your spouse make a living trust together?</li> <li>What is the role of a successor trustee?</li> <li>Who decides when minor children receive their inheritance?</li> <li>How do you transfer property into your living trust?</li> <li>What makes a living trust legal?</li> <li>Where should you store your living trust?</li> <li>Do you have to register your trust or share it with your family?</li> <li>What other estate planning documents might you need?</li> </ul> Make Your Living Trust can help with all of this and more. It will be your steady companion as you learn about wills and trusts and start to craft your estate plan.

Make Your Living Trust

This book is the first comprehensive academic treatment of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and employment rights, which has a global vocation demonstrated by having been ratified by 173 States since it was adopted in 1966. Workers' rights need protection and reinforcement. To achieve this aim, international human rights standards can play an important role. The ICESCR is the most important global UN instrument in this respect. It covers a wide range of employment rights, including the right to strike, and has global application. But it is not sufficiently developed and used, and national implementation often needs improvement. Part 1 of the book analyses general issues related to the Covenant, such as context, development, challenges, influences at the global and regional levels, interpretation and procedural elements. Part 2 deals with the specific provisions which are directly linked to the employment relation. The book is based on a thorough analysis, mainly, but not exclusively, of the case law of the Committee on Economic, Social and Cultural Rights (CESCR), that is monitoring the national implementation of the Covenant. Together, the chapters in this book will empower academics and practitioners in labour law to find answers to relevant and practical problems in order to better enforce and improve workers' rights. The book is the result of a project by the 'Transnational Trade Union Rights' experts Network (TTUR), linked to the European Trade Union Institute (ETUI).

The International Covenant on Economic, Social and Cultural Rights and the Employment Relation

Studies in International Law

This book offers the first comprehensive study of unjust enrichment as a principle of international law. While domestic legal systems have long recognised unjust enrichment as a basis for restitution, its role in international law remains underexplored. This book addresses this gap by examining the roles of the international norm against unjust enrichment both as an independent basis for a claim and in the development and interpretation of other international norms. It explores the far-reaching implications of this norm for inter-state relations and investment arbitration. The book advances three key arguments: that unjust enrichment claims in international law may extend to indirect recipients; that states enriched through conduct harming another state can incur liability in unjust enrichment even without a transfer of value from the harmed state to the enriched state; and that the principle of unjust enrichment is not merely subsidiary to the law of state responsibility for internationally wrongful conduct. Through rigorous analysis, the book explores the rationales underlying unjust enrichment - proprietary, fairness, and wrongfulness - and evaluates their applicability in the international arena. It also considers practical challenges such as indeterminacy, multiple-claimant situations, and the risk of proliferating disputes. Drawing on jurisprudence from the Iran-US Claims Tribunal, ICSID, and other international tribunals, as well as comparative insights from English, German, US, and other domestic laws, the book provides a nuanced framework for applying unjust enrichment in international law. It will be indispensable for scholars of public international law, practitioners engaged in inter-state adjudication, government lawyers, and investment arbitration specialists seeking principled solutions to complex disputes.

Unjust Enrichment in International Law

Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 43 (2025)

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