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: Schweizerische Zivilprozessordnung (Art. 1–352 ZPO sowie Art. 400–408 ZPO)</div>

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Gold D: Democracy and the Courts

Democracy and the Courts

The Rise of Judicial Elections in the Antebellum South

Democrats and Republicans

Today's Crime and Punishment Issues

Exploring the Foundations of Contract Law

Cause and Consideration

This book explores the use of Third-Party Funding (TPF) in Investor-State Dispute Settlement (ISDS), a transformative yet controversial instrument that implicates procedural fairness, the commodification of justice, public interest, and state sovereignty in investment law.TPF is a topical, yet underexamined topic within international arbitration. With the TPF market now estimated to exceed USD 15 billion, its role in enabling investors to pursue expensive, high-value investment claims has attracted attention. The book comprehensively analyses the use of TPF in the context of the ISDS system, highlighting issues such as influence on the decision to settle, conflicts of interest, effects on procedural fairness, wealth transfer, and the commodification of justice. It argues that attempts to reform TPF have mainly focused on a narrow set of issues that may arise during arbitral practice, specifically the issue of potential conflicts of interest between funders and arbitrators, resulting in regulatory gaps. Amid recently completed and ongoing reform efforts by institutions such as UNCITRAL, this book offers a timely and critical analysis of the use of TPF in ISDS. It will combine theoretical insights, real-world examples, case law, and a comparative overview of current and proposed regulations to provide practical policy and regulatory suggestions.The book will be of interest to researchers in the field of international arbitration and investment law.

Third-Party Funding in International Investment Law

Law as a Human Science argues for the reintroduction of crucial aspects of the humanist tradition in legal thinking.

Law as a Human Science argues for the reintroduction of crucial aspects of the humanist tradition in legal thinking.

Law as a Human Science

Does parole have a future? If it does, can we begin to imagine a different path? Is progressive penal reform possible, or has the time come to consider more radical alternatives in a context where there is little, if any, consensus on the underlying aims and techniques of contemporary prison release? What does this all mean for the prisoners, families, victims and publics upon whose confidence the parole system ultimately depends? This book brings together a world-leading panel of 27 experts who draw upon insights from law, sociology, criminology and political science to explore these pressing questions. At a time when many parole systems are experiencing considerable strain, the aims of this collection are twofold: first, to encourage systematic and critical reflection on the rationalities, institutions and practices of parole. Second, to think big, and pose ambitious 'what if' questions about the possible futures of parole and prison release. Offering novel insights from Asia, Australia, Europe, North America and South America, this collection builds the case for, and then showcases, a 'way of doing' parole research that is global in outlook, interdisciplinary in approach and unapologetically normative in character.

Rationalities, Institutions and Practices

Parole Futures

AI and algorithms now drive modern warfare, shaping surveillance and targeting. While promising precision, these systems often mask significant, hidden civilian harm. Algorithms of War moves past the binary debate of prohibition versus promotion, focusing instead on preserving humanity through better design and governance. Drawing on testimony from conflicts around the world like Ukraine and Gaza, the book reveals how algorithmic logic can create dangerous distance between decision-makers and victims. Ultimately, it argues that humanity and a people-centred approach is essential to ensure accountability, strengthen civilian protection and legitimacy of military operations as AI continues to reshape the battlefield.

The Human Cost of AI in Conflict

Algorithms of War

A Comparative Perspective

The Foundations of Tort Law in the Civilian Tradition

Modern Studies in Property Law

This collection is based on papers presented at the well-established Modern Studies in Property Law biennial conference. It contains cutting-edge research relating to property law broadly conceived, covering land law, equity and trusts, and the interaction between property law and the environment. Part 1 of Volume 13 in the Modern Studies in Property Law series examines a diverse range of topics in property law and uses a wide range of methodological approaches to reflect on a variety of current and emerging issues that have been overlooked, offering new analysis and insights that will be valuable for property lawyers, academics and students. The contributors are leading academics and practitioners from several common law jurisdictions, which expands the book's focus and enhances its value to the reader.

Use, Abandonment, and Protection of Land

Modern Studies in Property Law, Volume 13, Part 1

This book offers the first ever in-depth analysis of the emerging constitutionalism in South Sudan and the challenges it faces. The book critically analyses the constitution-making processes that occurred in South Sudan between 2005 and 2011, finding, among other things, that there was a failure of constitutional discourse, particularly in relation to the 2011 drafting process of the Transitional Constitution. It goes on to analyse how the constitution is being implemented. It finds that, despite the clear division of powers and functions between the national government and the sub-national governments, what has emerged in South Sudan in the post-constitution-making period is a form of coercive centralism where the national government controls much of the political decision-making process. This has had serious implications for democracy, constitutionalism, and the rule of law. Finally, bearing in mind the failure in both how the transitional constitution was made and how it is being implemented, the book undertakes a critical analysis of the proposed process for drafting a new constitution for South Sudan. It identifies serious shortcomings and proposes how these could be addressed to enhance the process.

Challenges and Opportunities

Emerging Constitutionalism in South Sudan

Spotlights

The English &amp; Welsh Legal System is an ideal choice for all students looking for a modern, contemporary and innovative textbook on this core area of the law, as its clear explanations, carefully developed learning tools and focus on modern case law help bring the subject to life.This fully updated new edition includes significantly revised coverage of statutory interpretation; a clarified and consolidated chapter on legal professionals; more on new pathways to qualification in the legal profession, and on diversity and well-being; and a new chapter on legal skills. The English &amp; Welsh Legal System will also help students to translate knowledge successfully to an assessment situation (whether examination, tutorial preparation or coursework) through the acquisition and development of key skills such as problem solving and application, critical reasoning and evaluation, and research and referencing. The accompanying digital learning resources have also been updated, including additional video and audio content.The Routledge Spotlights series brings a modern, contemporary approach to the core law curriculum, which will help students:<ul> <li>To move beyond an understanding of the law.</li> <li>To refine and develop the key skills of problem-solving, evaluation and critical reasoning, which are essential to assessment success.</li> <li>To discover sources and suggestions for taking your study further.</li> </ul>By focusing on recent case law and real-world examples, Routledge Spotlights will help you shed light on the law, understand how it operates in practice, and gain a unique appreciation of the contemporary context of the subject.Support material for this text can be found here: https://www.englishandwelshlegalsystem.co.uk/

The Legal System of England and Wales

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

Democracy and the Courts

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