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Access to Justice for Small Businesses

European and Comparative Perspectives

The modern field of comparative international law emerged in the last century, but it still suffers from a lack of intellectual and methodological foundations. This ambitious collection fills that gap. It examines the key concepts of comparative international law, including its historical and critical perspectives. Contributors from a wide geographical range present their diverse and thought-provoking views on international and comparative law. This is a much-needed and cutting-edge book on an undervalued yet topical field of research.

Foundations and Critique

Comparative International Law

This book sets out the future directions for UK consumer law and policy. After decades of EU-driven development, the continuous improvement of UK consumer law and policy has stalled since Brexit. Yet, there are major challenges, including the progressive digitalisation of the consumer environment, the need to reconcile sustainability with consumption, and the need for better crisis resilience, alongside more specific concerns such as better enforcement or subscription contracts. The disruption caused by Brexit demands a comprehensive solution to ensure that UK consumer law and policy remains current and robust rather than becoming moribund. It also presents an opportunity for realigning UK consumer law and policy towards a consumer-centric focus and to develop innovative solutions to contemporary consumer challenges. With original contributions from leading consumer law scholars, the book shows how the UK could develop in response to both major and specific challenges. Topics include a historical perspective on consumer law, consumer law reform, the implications of Brexit, vulnerability, changing paradigms, challenges in the context of financial services and digital consumer law, and enforcement.

Disruption, Innovation and Re-Alignment in UK Consumer Law and Policy

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

Oxford Commentaries on International Law

A Commentary

The European Convention on Human Rights

Explore the contentious and multifaceted issue of drug decriminalization and legalization from a variety of perspectives. Part of the Health and Medical Issues Today series, this book explores the contentious issue of decriminalizing and legalizing drugs through an accessible three-part structure. Part I provides readers with the background information they need to better understand and develop informed opinions about the topic. Chapters address the difference between decriminalization and legalization, explore the biochemistry of addiction, examine historical and contemporary decriminalization and legalization movements in the USA, and highlight international examples of decriminalization and legalization efforts. Part II delves into specific issues and controversies related to this subject, including physical and mental health consequences, the impact on crime and the criminal justice system, and the potential economic and social effects at both a local and national level. Coverage is balanced and unbiased, allowing readers to draw their own conclusions. Part III features five engaging case studies that help the subject come to life for readers and illustrate concepts and issues discussed in the text. A glossary and annotated directory of resources round out the volume.

Drug Decriminalization and Legalization

Contemporary Studies in Corporate Law

Many attempts have been made to reduce the harms caused by business and to make companies become socially responsible. This book approaches the subject from a new perspective arguing that reflexive law offers the best means to align the interests of large companies with those of society and that recent developments in European company law fit a reflexive model. A reflexive company law, rather than trying to directly regulate companies, aims to affect internal decision-making processes to make companies responsive to outside interests and prevent them from operating as closed systems singularly focused on shareholder value. In this vein, the EU has recently imposed new obligations on companies to develop corporate sustainability reporting and due diligence processes as part of its objective to create a climate-neutral and sustainable economy. This book presents an argument for how the 'societal company' - a company that has an internal culture of transnational responsibility to do no harm but that retains the autonomy necessary to be economically productive - can be established through reflexive law. The book will appeal to researchers, policy makers and lawyers interested in corporate sustainability, regulatory theory, company law and EU law.

Sustainability, Shareholder Value, and European Company Law

The Societal Company

This book explores the global phenomenon of migration, transplantation, and borrowing of constitutional ideas. It combines conceptual and normative approaches to dissect a phenomenon which has been both praised and maligned in political and academic discourse. The book takes a broad view of the term 'constitutional'. Its contributors are drawn from the fields of comparative constitutional law, EU law, medieval history, political philosophy, international law, private law, and administration of justice. They consider constitutional transplantation as a specific case of the migration of ideas and place it within that broader intellectual framework of the movement of knowledge. The results of the movement of constitutional ideas can be found outside, as well as within, the law, and the implications of such movement go beyond it. The authors examine legal and constitutional systems in Asia, Europe, North and South America, as both sources and recipients of transplantations. The authors analyse, from historical, conceptual, and normative angles, the transplantation of constitutions and constitutional ideas from one state to another, and the role played by cultures and histories in the reception of constitutional provisions and ideas.

The Diffusion and Adoption of Constitutional Ideas

Constitutional Transplantations

This volume examines judicial decisions that have shaped the law of asylum and refugee protection. Each chapter analyses a single judicial decision and locates it in a wider legal, political and policy context, tracing its subsequent impact on refugee law and policy. Some of the decisions analysed in this collection were foundational in establishing the reach of refugee law, particularly in defining the scope of the refugee definition. Others engage with key areas of refugee rights in contexts which indicate a critical turning point in state refugee policy, such as interdiction of boats at sea, encampment and extraterritorial asylum processing mechanisms. The contributions demonstrate how refugee protection is shaped by the intersection of different fields of law, including refugee law, human rights law, and domestic constitutional provisions. Reflecting this complexity, the collection explores decisions from the UK, Canada, USA, Kenya, Australia and Papua New Guinea, as well as regional courts including the European Court of Human Rights, Inter-American Court of Human Rights, the Court of Justice of the European Union, and decisions of the United Nations Human Rights treaty bodies. Authors include leading academics and practitioners in refugee and human rights law from a range of jurisdictions. This book offers compelling insights for anyone with an interest in international refugee protection, human rights, and the development of international refugee law.

International Jurisprudence on the Rights of Refugees

Landmark Cases in International Refugee Protection

Constitutionalism in Latin America and the Caribbean

This book offers the first in-depth analysis in English of the practical dynamics of the constitutional recognition of Indigenous justice and legal pluralism in Bolivia. The 2009 Bolivian Constitution was an extraordinary attempt to wrestle the notion of the nation-state away from its European origins to imagine a new form of statehood that fully embeds Indigeneity. This turn to plurinational constitutionalism, in which Indigenous peoples and their traditions are taken to constitute one of the central pillars of the state, recognised Indigenous justice as wholly autonomous from and equal to 'ordinary' justice. The book unpacks what plurinationality stands for in this context, whether it truly brought about the transformation of social relations, and whether plurinational constitutionalism could be a viable model for other states. It showcases the many interesting and innovative aspects of the Bolivian model, which could be adapted by other countries aiming to implement the right to self-determination of Indigenous peoples more fully. At the same time, the promise of Indigenous justice and plurinational constitutionalism in Bolivia remains partially unfulfilled, for reasons that reflect a combination of local challenges and tensions inherent to the concept of plurinationalism. This book will be of interest to academics, students, practitioners and policymakers working in comparative constitutional law, Latin American studies, legal anthropology, Indigenous studies, and legal pluralism. It suggests a path for reimagining notions such as the rule of law and sovereignty as foundations for a society truer to Indigenous peoples and, more generally, to all its citizens.

Indigenous Justice in Bolivia and the Limits of Plurinational Constitutionalism

A compilation of federal regulations, the Code of Federal Regulations (CFRs) are an authoritative source of government information representing broad subject areas.

Code of Federal Regulations, Title 40 Protection of the Environment 72-79, Revised as of July 1, 2024

A Festschrift for Rob Cryer

The Character of International Law

This book addresses the veritable flood of litigation sparked by interest rate swaps and other financial derivatives and looks at the way in which these disputes are solved across a variety of jurisdictions. It discusses how the issue is dealt with in Europe -where derivatives litigation is a pervasive problem- by comparing solutions in the UK, Germany, Austria, Switzerland, France, Italy, Spain, the Netherlands, Belgium, Norway, Poland and Hungary. It also addresses financial derivatives litigation beyond Europe, namely in the US, Australia, Hong Kong, and Singapore. Derivatives litigation raises a variety of highly relevant issues: it provides insights into the duties of care owed by the bank to its clients in terms of information, transparency and warnings; it is revelatory for conflicts of interests, since banks who enter into derivatives take contrarian positions to their clients, raising the question whether they are allowed to do so despite their role as fiduciaries. The book addresses the private law effect of regulatory conduct of business rules included in the European Markets in Financial Instruments Directive (MiFID), and also looks at the capacity of public bodies to enter into derivatives agreements against the backdrop of intricate conflict of laws issues. By analysing derivatives litigation, the book sheds light on the general relationship between private law, civil procedure, supervisory actions, regulatory action, administrative law, criminal law, and alternative dispute resolution, as well as on how to deal with mass claims in the financial sector. An essential resource for practitioners involved in cross-border litigation, policy makers, and researchers.

Risk, Regulation, and Responsibility

Financial Derivatives Litigation

Access to Justice for Small Businesses

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