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Dalhuisen J: Dalhuisen on Transnational
and Comparative Commercial, Financial an

Dalhuisen on Transnational and Comparative Commercial, Financial and Trade Law Volume 4

Transnational Movable Property Law

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

The History and Theory of International Law

A Sociology of International Investment Law applies methods associated with the sociologist Max Weber to illuminate aspects of international investment law - a regime made up of thousands of treaties that protect foreign investors from state action diminishing the value of their investments. By applying many of Weber's key themes associated with legal modernity - legitimacy, rationality, domination, bureaucracy, and charisma - the book conscripts tools of analysis that enable the testing of many of investment law's operating assumptions. A Sociology of International Investment Law Law is premised on the belief that theory informs practice and that enlisting aspects of Weber's work illuminates the contemporary practice of, and debates over, international investment law. Utilizing Weber's themes and methods, results in a deeper appreciation of the connections of international investment law has with classical social theory. The book also reveals how the field fails to measure up to many of the analytical challenges that Weber's sociological interventions provoke. This book offers an exploration of the commonalities, differences, and blind spots shared by this relatively new international legal field with one of the most influential theorists of modernity. This is an open access title. It is available to read and download as a free PDF version on Oxford Academic and is made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International licence.

Themes from Max Weber

A Sociology of International Investment Law

There are numerous practical challenges in the creation and enforcement of international commercial contracts for the sale of goods. Global Commercial Contracts provides an accessible but comprehensive overview of these challenges and the impact of various international instruments on these contracts. This book provides an introduction to the international law relevant to international commercial contracts and describe their effects in practical terms. It analyses the effect of the Convention on the International Sale of Goods (CISG), and the UNIDROIT Principles of International Commercial Contracts (PICC), highlighting their differences. The book also explores other essential international instruments including the UN Convention on the Use of Electronic Communications in International Commercial Contracts, the UN Convention on Limitation, Incoterms(c) 2020, UCP 600, and the URDG 750. The difficult topic of conflicts of laws is also examined and explained. Covering all aspects of international contracts, with emphasis on sale contracts, from formation and interpretation to dispute resolution, this new work fills a gap for an introductory guide on this fundamental topic.

Covering all aspects of international contracts, with emphasis on sale contracts, from formation and interpretation to dispute resolution, this new work fills a gap for an introductory guide on this fundamental topic.

CISG, PICC and other International Instruments

Global Commercial Contracts

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

Hart Studies in Constitutional Law

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

Making and Amending the Constitution

The law codes in the Middle East North Africa (MENA) region are a well-crafted blend of civil and Islamic law in which civil law principles do not violate Islamic provisions. Yet, common law principles derived either from English common law or Islamic customary usages remain unidentified and thus ignored. Here, this complex scenario is rectified through a comparative analysis of the primary data (e.g. cases, statutes and arbitral award decisions), adding common law and uncodified Islamic custom to MENA law codes. The purpose of this comparative analysis is to allow common legal principles found in civil, common and Islamic law to be distilled in order to create a new, harmonised international commercial arbitration law code (HICALC) or uniform Arab arbitration law (UAAL) for adoption in the MENA region, where these principles already greatly influence the legal systems and can be readily assimilated into a harmonised or uniform code. The work demonstrates that this new code would lead to improved arbitral award enforcement in the MENA.

The law codes in the Middle East North Africa (MENA) region are a well-crafted blend of civil and Islamic law in which civil law principles do not violate Islamic provisions. Yet, common law principles derived either from English common law or Islamic customary usages remain unidentified and thus ignored. Here, this complex scenario is rectified through a comparative analysis of the primary data (e.g. cases, statutes and arbitral award decisions), adding common law and uncodified Islamic custom to MENA law codes. The purpose of this comparative analysis is to allow common legal principles found in civil, common and Islamic law to be distilled in order to create a new, harmonised international commercial arbitration law code (HICALC) or uniform Arab arbitration law (UAAL) for adoption in the MENA region, where these principles already greatly influence the legal systems and can be readily assimilated into a harmonised or uniform code. The work demonstrates that this new code would leadto improved arbitral award enforcement in the MENA.

A Model Harmonised International Arbitration Law Code for the Middle East and North Africa

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

This book focuses on contemporary problems related to fraud and risk in commercial law.

It has been said by some that we are in a 'golden age of fraud'. In part this has been caused by globalisation, technological changes and the financialisation of business. This has resulted in the creation of automated linkages with integrated supply chains and the creation of systemic risks, which have been exacerbated by new forms of intangible assets like tokens and their ease of movement. While regulation has ebbed and flowed given the desire of governments to generate economic growth, as well as the distrust of their coercive powers, the courts have sought to strike a balance between considerations such as commercial certainty and fairness.

The book provides an analysis of key contemporary issues on the theme of fraud and risk in commercial law, including: technology and fraud, secondary liability and 'failure to prevent' economic crime, abuse of business entities, insolvency and creditor protection, injunctions and other orders, cross-border issues, the relationship between regulation and private law, and solutions for policy makers.

Fraud and Risk in Commercial Law

The definitive account of the harms that have come from deregulating venture capital financing and allowing startups to become gigantic while remaining private. The term "unicorn" for a private startup company worth $1 billion or more was coined to emphasize the rarity of such ventures. But today there are more than 1,500 of them, with a combined valuation of over $4 trillion. By remaining private, these corporate behemoths shield themselves from disclosure requirements, investor oversight, and market discipline--mechanisms designed to protect investors and the public from corporate wrongdoing. It's no coincidence that in recent years, a number of prominent startups have been the sites of founder misconduct and fraud. This wave of startup scandals exposes significant problems with the venture capital financing model and the deregulation that helped fuel the industry's explosive growth. Untamed Unicorns connects the most dramatic startup scandals, including FTX, Theranos, WeWork, and Uber, to structural flaws in the startup financing model. Detailing the deregulatory reforms &gt;As Renée M. Jones makes clear, allowing unicorn companies to run wild doesn't threaten only the sophisticated venture capitalists who finance Silicon Valley. When the largest startups go awry, the consequences are often severe for ordinary investors, employees, and the public at large. Revealing the risks inherent in the current system, Untamed Unicorns presents a roadmap for reform to restore proper boundaries between public and private securities markets.

Why Startup Finance Is Broken and How to Fix It

Untamed Unicorns

Protect your family's future If you're among the millions of Americans without an estate plan, you're not alone-and you're probably not sure where to start. The third edition of Wills &amp; Trusts Kit For Dummies cuts through the confusion and gives you a clear path forward. This isn't just another legal manual. It's your roadmap to protecting what you've built and making sure your loved ones are taken care of-without the stress, guesswork, or unnecessary costs. From basic estate planning fundamentals to modern challenges like digital assets and cryptocurrency, this book covers everything you need to know. It translates intimidating legal concepts into language you can actually understand, and if you're still overwhelmed, a step-by-step strategy guide helps you start right where you are. You'll also get immediate access to online forms, worksheets, and templates you can actually use-not just read about. <ul> <li>Create a will or trust that suits your specific situation (because one-size-fits-all doesn't fit all families) </li> <li>Learn about developing technologies such as AI-powered estate planning tools, electronic wills, and online notarization </li> <li>Handle your digital legacy-from social media accounts to Bitcoin wallets </li> <li>Build a court-ready estate plan using downloadable templates and worksheets</li> </ul> Wills &amp; Trusts Kit For Dummies takes the anxiety out of estate planning and puts you in control. Your family's future is too important to leave to chance. Start protecting what matters most-today.

Wills & Trusts Kit for Dummies

Improved usage of forensic science evidence by legal practitioners is essential to reduce miscarriages of justice. This book presents critical insights into contemporary issues of forensic proof from a broad perspective. Using DNA and fingerprint evidence, the authors compare and contrast the science of forensics and how it is communicated to judges, juries, and counsel. With authors from Australia, the UK, and the U.S., the book also addresses how these different countries address science in the courtroom. This resource is ideal for all those who work in forensic capacities, including those scientists who increasingly are called to testify abroad.

Improved usage of forensic science evidence by legal practitioners is essential to reduce miscarriages of justice. This book presents critical insights into contemporary issues of forensic proof from a broad perspective. Using DNA and fingerprint evidence, the authors compare and contrast the science of forensics and how it is communicated to judges, juries, and counsel. With authors from Australia, the UK, and the U.S., the book also addresses how these different countries address science in the courtroom. This resource is ideal for all those who work in forensic capacities, including those scientists who increasingly are called to testify abroad.

Dalhuisen on Transnational and Comparative Commercial, Financial and Trade Law Volume 4

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