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Ichihara M: Climate Change Litigation in
Japan

Climate Change Litigation in Japan

Cases, Challenges, and Opportunities for Environmental Law

This book brings together leading scholars from private law and employment law to reflect upon private law doctrines as they relate to the employment contract. Developing an interdisciplinary dialogue, these contributions explore the regulatory functions of private law doctrines at the cutting edge of modern employment law. Topics include the potential and limitations of private law damages; the role of injunctions and specific performance; the interactions between express and implied terms; vicarious liability; substantial performance and breach; and the common law right to work. The integration of scholarly perspectives from the realms of private law and employment law enriches and deepens our understanding of core private law doctrines. Historically, employment law was defined in terms of its autonomy from general private law. This achievement of autonomy was highly prized, and considered necessary to facilitate industrial freedoms for trade unions and the protection of employees from exploitation. But the contractual basis of employment means that any such autonomy has always been partial and unstable. Furthermore, as trade unions have declined and governments have deregulated statutory employment rights, private law has assumed growing practical importance in strategic appellate litigation. In many common law jurisdictions, private law doctrines have become the new battleground between employers, workers and trade unions. The essays in this book examine specific doctrinal issues against this dynamic backdrop of changing social, economic and constitutional conditions. While focused mainly on English law, the essays also consider examples from other jurisdictions including Australia and Scotland. As private law becomes the default regulation for most employment contracts in 21st-century labour markets across the world, this book is an essential resource for practitioners, judges, academics and students.

Private Law and the Employment Contract

What is the role and responsibility of the community when it is involved in a restorative process? This Little Book aims to expand upon the roles and responsibilities of community stakeholders in healing and repairative approaches to justice. Whether family members, friends, neighbors, concerned citizens, or system actors,&nbsp;the range of needs, obligations, and opportunities to engage with restorative justice processes is vast and deserving of greater attention. In this Little Book, Sheryl Wilson and Caitlin Morneau draw on experience in restorative justice facilitation, education, community organizing, and leadership in movement building to illuminate pathways that invite, expand, and sustain restorative justice engagement. The authors offer reflection, analysis, and considerations for community member support and inclusion in restorative justice processes and movement building. This book is for the secondary victims of harm (witnesses or bystanders) who may not understand where they fit in the space of harm repair. This book is also for those in support of a person who caused harm and needs guidance on where they fit. Lastly, this book is for those in close proximity to harmful events and care about those who occupy the same space. As a community, there are ways people mobilize in organized groups when things go wrong, but what about when things are going right? How can we be good neighbors, co-workers, colleagues, and friends, so that when we do face challenges, we have a good starting place?

Reclaiming Connection and Responsibility for Our Neighbors

Little Book of Restorative Justice & Community

Substantive Cases

Landmark Cases in EU Law, Volume 2

Reparation for Climate Change: The Successes and Limits of Litigation

Exploring the Foundations of Contract Law

Cause and Consideration

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

Forests are central to international security, peace, and justice, as they provide livelihoods for millions of impoverished people in developing countries. Threat's to the world's forests may result in a reduction in basic livelihood resources and will have significant consequences on a global scale. There is no existing international treaty on the protection of forests, with the result that their international protection is governed by disparate areas of international law and smaller-scale local initiatives. In this context, this book reviews the history of international law on forests, evaluating the effectiveness of the existing international legal framework to protect them. The book investigates the impact of the initiatives which have emerged in the absence of a dedicated international agreement, including Reducing Emissions from Deforestation and Forest Degradation (REDD+) and forest certification, which are assessed in the wider context of the development of international environmental law. It also considers the role of regional forest agreements in the international protection of forests. It assesses the challenges to the effectiveness of international law governing forests, in particular the disparate nature of the law as it stands, and posits that the solution can be found in existing regional agreements. It argues that a more specific international treaty, consistent with the recent decisions of international courts on environmental protection and building on the experience of regional legal instruments, may offer an effective path forward.

Forests are central to international security, peace, and justice, as they provide livelihoods for millions of impoverished people in developing countries. Threat's to the world's forests may result in a reduction in basic livelihood resources and will have significant consequences on a global scale. There is no existing international treaty on the protection of forests, with the result that their international protection is governed by disparate areas of international law and smaller-scale local initiatives. In this context, this book reviews the history of international law on forests, evaluating the effectiveness of the existing international legal framework to protect them. 

The book investigates the impact of the initiatives which have emerged in the absence of a dedicated international agreement, including Reducing Emissions from Deforestation and Forest Degradation (REDD+) and forest certification, which are assessed in the wider context of the development of international environmental law. It also considers the role of regional forest agreements in the international protection of forests. It assesses the challenges to the effectiveness of international law governing forests, in particular the disparate nature of the law as it stands, and posits that the solution can be found in existing regional agreements. It argues that a more specific international treaty, consistent with the recent decisions of international courts on environmental protection and building on the experience of regional legal instruments, may offer an effective path forward.

International Law and the Protection of Forests

Drawing on the experience of recognised experts from across a range of different fields and jurisdictions, this landmark publication tackles default rules in private law in comparative perspective. Often underestimated, but highly influential, default rules are non-mandatory rules that kick in where nothing else has been agreed or provided. The contributions explore default rules from a variety of angles relevant to both scholarship and legal practice, including: - behavioural aspects and the role of platform terms in the digital age; - the remit and operation of defaults in different areas, ranging from contract and commercial law to succession, civil procedure and private international law; - a comparison between Common law and Civilian approaches as well as the EU level; - the perspectives of different 'players' engaged in the generation and application of default rules.

Default Rules in Private Law

Collected Courses of the Academy of European Law

The discourse, scholarship, and practice of transitional justice have become pivotal to addressing historical systematic injustices. However, until recently, the field has largely overlooked some of the most enduring and pervasive injustices of human history: racism and the colonialism and slave-trade that both reflected and fuelled it. Race and Transitional Justice examines how race and racism interact with transitional justice mechanisms and institutions to question why this is the case, and how it could be different. Bringing together diverse perspectives to examine the historical and socio-political contexts of transitional justice, this book argues that the field remains largely inattentive to the role of race. As a result, transitional justice institutions may be sustaining the very racialization that they are expected to remedy. The contributions offer a range of responses. Some call to abandon the whole field, citing its complicity in the indefinite maintenance of settler hegemony. Others consider transitional justice an essential space to work towards a more just, non-racist, social order. The result is a sensitive reflection into emancipatory transitional justice futures.

Race and Transitional Justice

Studies in International Trade and Investment Law

This open access book is the first of its kind to address a question of both theoretical and practical significance: how do countries or entities approach economic cooperation in the face of vexing political concerns and overlapping sovereignty claims? Built upon three contemporary case studies on North-South Korea, China-Taiwan, and North-South Cyprus - representative pairs of 'divided nations', broadly defined - the book explores from both an empirical and a conceptual perspective the underlying factors, approaches and patterns that influence the economic relationship between the two sides. The book examines complex dynamics and identifies critical factors across the case studies, making a timely contribution to debates surrounding sovereignty, democracy and legitimacy in the context of international economic laws given the shifting geopolitical landscape. It further informs countries that do not share the same features of divided nations but nonetheless experience diplomatic crises or military conflicts, which render their economic cooperation sensitive and strenuous. This book is a must-read for researchers, trade lawyers, and students in international law and international relations. It also serves as a valuable asset for negotiators, diplomats and policymakers, providing crucial insights for making decisions that can either escalate or de-escalate geopolitical conflicts. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Academia Sinica Thematic Program.

Economic Cooperation in the Shadow of Contested Sovereignty

Studies in International and Comparative Criminal Law

This book unveils gaps, inconsistencies, and barriers to accountability emerging from the intersections between IHL and ICL in the definition and treatment of indiscriminate and disproportionate attacks as jus in bello violations. The book identifies and explains the unresolved legal problems surrounding the prevention and control of indiscriminate and disproportionate attacks as international war crimes, and critically unpacks the macroscopic implications of these problems for international adjudications. It goes on to address the challenges posed by these attacks as key causes of civilian victimization in war. The author demonstrates that the Rome Statute of the ICC, legibus sic stantibus, does not allow to prosecute and punish the most recurring forms of indiscriminate and disproportionate attacks, crucially impairing the ability of this institution to pursue the objectives declared by its founding treaty. It concludes by offering two amendment proposals for the Rome Statute to bridge the gaps and overcome the antinomies identified.

This book unveils gaps, inconsistencies, and barriers to accountability emerging from the intersections between IHL and ICL in the definition and treatment of indiscriminate and disproportionate attacks as jus in bello violations.
 
The book identifies and explains the unresolved legal problems surrounding the prevention and control of indiscriminate and disproportionate attacks as international war crimes, and critically unpacks the macroscopic implications of these problems for international adjudications. It goes on to address the challenges posed by these attacks as key causes of civilian victimization in war.
 
The author demonstrates that the Rome Statute of the ICC, legibus sic stantibus, does not allow to prosecute and punish the most recurring forms of indiscriminate and disproportionate attacks, crucially impairing the ability of this institution to pursue the objectives declared by its founding treaty. It concludes by offering two amendment proposals for the Rome Statute to bridge the gaps and overcome the antinomies identified.

Bridging the Accountability Gap

Indiscriminate and Disproportionate Attacks in International Law

Win-Win reveals the mindset and methods that set elite dealmakers apart, offering a roadmap for anyone who wants to master the craft of closing deals with speed, integrity, and lasting success. What separates the dealmakers from the dealbreakers? Why do some lawyers and business people close every deal - sometimes against all odds - while others get bogged down in endless negotiations, bruised egos, and missed opportunities? Written by a lawyer and drawing on real-world experience from high-stakes M&amp;A and complex negotiations, this book refutes the myth that ruthless tactics and manipulation lead to the best outcomes. Instead, it champions the power of the win-win approach - where clarity of purpose, emotional intelligence, and relentless positivity create value for all parties. Learn how to spot the right counterparty, build trust from the outset, and navigate every stage of a deal with grace and strategic insight. Discover why leaving your ego at the door and focusing on your true goals are the keys to sustainable success. Win-Win is packed with actionable advice on leveraging relationships, spotting red flags, and knowing when to push, or walk away. It's a must-read for lawyers and business professionals who want to close more deals, build stronger reputations, and thrive in an ever-changing landscape, where the real winners are those who make everyone feel like one. This title is included in Bloomsbury Professional's Company and Commercial Law online service.

Win-Win - A Lawyer's Guide to Dealmaking

Climate Change Litigation in Japan

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