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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 6

Financial Risk, Financial Stability, and the Role of Financial Regulation

For years, the story sounded simple.

The markets climbed.
Technology advanced.
Global wealth expanded.

The world was told it was winning.

But something felt off.

In London, young professionals with good jobs can't afford the city they work in.
In Paris, students march not for revolution - but for stability.
In Madrid, birth rates collapse as the future narrows.
In Sydney, families earn more than their parents did - and feel less secure.

The data says prosperity.
The culture says strain.

Confidence is thinning.
Institutions feel performative.
Community feels transactional.
The ladder still exists - but fewer believe it moves.

The receipts get longer. The horizon gets shorter.

The Final Bubble argues that the next correction won't be confined to markets.

It will expose something deeper:

A widening gap between value and values.
Between growth and meaning.
Between stability and belief.

The most dangerous bubbles are not built on speculation.

They're built on assumptions -
that the system will hold,
that the numbers reflect reality,
that tomorrow will expand faster than today contracts.

But when trust begins to thin, markets don't lead the crisis.

They reveal it.

This is not a book about panic.

It is a book about fragility - economic, cultural, psychological - and what survives when illusion no longer does.

Because illusions always end.

What survives is up to us.

When Trust, Meaning, and Identity Collapse, and What Survives When Illusions Die

The Final Bubble

Studies of the Oxford Institute of European and Comparative Law

The leading Spanish language treatise on the law on torts has now been translated into English, making it accessible to jurists, scholars and practitioners throughout the world. It addresses the central analytical questions in modern tort theory by reference to first principles, explaining how doctrinal tension has resulted from the law's evolution. The book also offers a theoretical framework for understanding and analysing the doctrines behind the main tort rules found in different jurisdictions, including their interrelationship and historical development. Steeped in Chilean legal doctrine and case law on torts, it also considers authorities from Britain, Germany, the USA, France and Spain. This is a magisterial and important work.

A Comparative Perspective

The Foundations of Tort Law in the Civilian Tradition

The Law of Financial Crime

Following the events of 9\11 individual countries and the international community became increasingly concerned about how best to prevent the funding of terrorist groups. Alternative remittance systems such as Hawala, where money is moved informally between a network of brokers in the Middle East, north Africa and south Asia have been identified as a potential source of terrorist financing leading to calls for greater regulation of such alternative remittance systems.This book analyses the risk such alternative remittance systems pose in terms of terrorist financing, offering a detailed overview of the historical origins and methods of operation of alternative remittance systems or informal value transfer systems. The factors that have come to ensure that these systems have remained operationally viable in modern times are identified along with the risks they present balanced against an overview of their actual misuse for illicit purposes to date. The book presents a detailed critique of the UK framework for the regulation of these systems drawing where possible on existing data to assess the use and effectiveness of these measures in practice. A range of options for mitigating risks associated with specific remittance corridors is considered ranging from initiatives that promote remittances through the banking sector, to efforts to mitigate risk and the impact on the delivery of UK overseas development aid. The book concludes with key recommendations as to the effectiveness of the current regulatory framework within the UK viewed from the perspective of international efforts to secure the regulation of these systems, and in stemming terrorist finance as part of national and international counter-terrorism policy.

Following the events of 9\11 individual countries and the international community became increasingly concerned about how best to prevent the funding of terrorist groups. Alternative remittance systems such as Hawala, where money is moved informally between a network of brokers in the Middle East, north Africa and south Asia have been identified as a potential source of terrorist financing leading to calls for greater regulation of such alternative remittance systems.This book analyses the risk such alternative remittance systems pose in terms of terrorist financing, offering a detailed overview of the historical origins and methods of operation of alternative remittance systems or informal value transfer systems. The factors that have come to ensure that these systems have remained operationally viable in modern times are identified along with the risks they present balanced against an overview of their actual misuse for illicit purposes to date. The book presents a detailed critique of the UK framework for the regulation of these systems drawing where possible on existing data to assess the use and effectiveness of these measures in practice. A range of options for mitigating risks associated with specific remittance corridors is considered ranging from initiatives that promote remittances through the banking sector, to efforts to mitigate risk and the impact on the delivery of UK overseas development aid. The book concludes with key recommendations as to the effectiveness of the current regulatory framework within the UK viewed from the perspective of international efforts to secure the regulation of these systems, and in stemming terrorist finance as part of national and international counter-terrorism policy.

The Regulation of Hawala and Alternative Remittance Systems

Stemming Terrorist Finance

This book presents a new perspective on the debate around legitimacy, politics and constitutional law in Supreme Courts. Moving away from the troubling perception that Supreme Courts are trampling on the wrong side of the law/politics divide, it accepts and defends the critical claim that constitutional law is intrinsically and inescapably politics: in style, substance and outcome. It explains what is involved in that claim and recommends a more nuanced and compelling account than it is caricatured to be. The book proceeds to demonstrate how the legal and judicial process can proceed if the law-is-politics critique is taken seriously. Insisting that it cannot be business as usual, the author offers a series of constructive proposals about how constitutional law and judicial decision-making can continue in anything like their present format and style. Recognising that a more radical approach could be taken to the way in which democracy might re-organise, the book runs with the idea that it is possible to incorporate and accommodate the law-is-politics argument within a governmental system of constitutional democracy that resembles closely what now occurs. In that sense, the book is both critical and constructive as well as principled and pragmatic.

Courts, Constitutions and Politics

Rethinking Legitimacy

The Art Law Library

This open access book offers a unique perspective on the return of cultural objects by considering the aftermath of the handover processes. While calls for the repatriation of heritage have been made since the start of the decolonisation process, it is only in recent years that the debate on returning cultural objects has gained widespread prominence. This has been followed by ongoing efforts from several countries to change the legislation, adopt principles, and invest in provenance research to turn repatriation into a more proactive mechanism. The book tells the story of cultural objects that were housed in European institutions and returned to countries in Africa, Asia, and the Americas. In addition to in-depth analysis of relevant laws and policies, each of the case studies integrates interviews with those who were directly involved in those return processes, as well as those who were impacted by them, including museum staff, government representatives and community members. The book presents previously unheard insights into past return processes, the manifold modalities that such processes have followed, and, at times, unexpected outcomes. By doing so, it offers possible lessons to be learnt for future returns. 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 Leverhulme Trust.

Exploring the Stories of Cultural Objects After their Return

Beyond Restitution

Electronic Transferable Records, Digital Identity and Trust Services

Uncitral Model Laws on Digital Trade

Global Law and Sustainable Development

Given the significant developments in Indian economic and trade policymaking over the last two decades, this book provides an authoritative and timely analysis of the transformation and current state of India's foreign economic policy. The work presents a comprehensive, informed and critical overview of negotiating issues addressed in the recent period leading up to the substantial conclusion of the Trade Facilitation Agreement. The volume also takes into account the geopolitical considerations that influenced the negotiations. Finally, the reform steps being taken by India need to be understood in light of the structural changes in the economy, fuelling domestic compulsion, and the analysis covers this undercurrent in detail. The book will be a valuable guide to academics, researchers and policy-makers working in the areas of international trade law, development economics and global politics.

This book provides an authoritative and timely analysis of the transformation and current state of India’s foreign economic policy. The work presents a comprehensive, informed and critical overview of negotiating issues addressed in the recent period leading up to the substantial conclusion of the Trade Facilitation Agreement.

Deciphering the Law, Economics and Politics

India’s Foreign Economic Policy

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.

Best Practices for Law

Forensic Science Evidence

Fifty years after Alan Watson's Legal Transplants: An Approach to Comparative Law, the concept of legal transplants remains central to comparative legal scholarship. Over time, the literature has expanded to explore how laws are drafted, interpreted, and understood across jurisdictions-revealing legal transplants as a complex and multifaceted phenomenon. This book offers a nuanced and balanced analysis of the evolution of legal transplants, engaging with both foundational texts and recent developments. It goes beyond traditional legal discourse to incorporate insights from other disciplines, including policy studies, cultural transfer, entangled history, and the diffusion of ideas. By doing so, it broadens the scope of the debate and encourages a more interdisciplinary approach to understanding how legal norms travel and take root. Importantly, the book makes a strong case for the continued relevance and effectiveness of legal transplants in modern lawmaking. While acknowledging valid criticisms, it challenges the notion that such concerns should lead to legal isolationism. Instead, it argues that legal transplants are not only common but often successful-and should remain a key tool for lawmakers seeking to innovate and reform.

An Interdisciplinary Approach

Legal Transplants

Essays in Honour of Simon Whittaker

Comparative Reflections in Private Law

Constitutionalism in Asia

This book presents an in-depth interrogation of the theory and application of the Basic Structure Doctrine in the Federation of Malaysia. The Basic Structure Doctrine, famously introduced in the 1973 Indian Supreme decision of Kesavananda Bharati v State of Kerala AIR - which held that certain core or fundamental features in the Constitution of India could not be amended by Parliament even if it met all procedural requirements - was initially rejected when it was first argued in Malaysia in the 1975 case of Loh Kooi Choon v Government of Malaysia and lay dormant for the next three decades. Judicial winds shifted in 2010 when Malaysia's apex court, the Federal Court, cited Kesavananda with approval in the case of Sivarasa Rasiah v Badan Peguam Malaysia &amp; Anor, and observed that it was 'clear from the way in which the Federal Constitution is constructed that there are certain features that constitute its basic fabric' and that 'any statute (including one amending the Constitution) that offends the basic structure may be struck down as unconstitutional.' In a quick succession of cases, the Federal Court cemented this doctrine in Malaysia's jurisprudence and deployed it to defend the court's judicial power. These widely-publicised cases generated much debate beyond the legal fraternity and judiciary and often polarised different sectors of Malaysian society. This collection of essays responds to this extremely important debate on the limits of constitutional amendments as a form of constitution-making in Malaysia by considering the theory behind the Basic Structure Doctrine and critically examining how it has been harnessed by the Federal Court and by other political actors - most notably Islamists and secularists; and royalists and republicans - on the ground.

Themes and Perspectives

The Basic Structure Doctrine in Malaysia

Hart Studies in Private Law

This book provides a comprehensive study of two parallel notions of civil and common law: cause and consideration. It does this in three ways; with historical, comparative, and functional perspectives. Aspects of cause and consideration are hotly contested by contract lawyers and this book will bring clarity by looking at the English and Continental positions. Key areas of focus include: enforceability, questions of legality and morality, contractual justice, and the correction of unjustified property displacements. Bringing together a team of experts, the book discusses (in some cases for the first time in English) complex questions of both academic and practical importance.

Exploring the Foundations of Contract Law

Cause and Consideration

Dalhuisen on Transnational and Comparative Commercial, Financial and Trade Law Volume 6

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