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Rodway H: Cohabitants and the European
Court of Human Rights

Cohabitants and the European Court of Human Rights

Modern Studies in European Law

This timely edited collection offers a critical and multidisciplinary examination of the European Union's Migration and Asylum Pact, marking the third major reform phase of the Common European Asylum System. As the EU seeks to present a unified and effective response to migration challenges, the Pact introduces sweeping changes-from border procedures and asylum processing to external partnerships and data-driven governance. Bringing together leading scholars, legal practitioners, and NGO experts, the collection explores the Pact's implications ahead of its implementation. Contributors interrogate its legal foundations, political motivations, and operational mechanisms, offering insights into how the EU balances efficiency with fundamental rights, solidarity with sovereignty, and innovation with accountability. Organised around four central themes - political solidarity, border management, external cooperation, and rights compliance - the volume highlights the tensions and contradictions within the Pact. It asks: Can the EU harmonise divergent national approaches to migration? Will faster procedures compromise legal safeguards? How will partnerships with third countries affect asylum seekers' rights? With chapters covering topics such as AI at the border, the coloniality of digital technologies, and the role of EU institutions in enforcement and oversight, this book is an essential resource for academics, policymakers, lawyers, and students. It offers not only a critique but also a roadmap for understanding the future of asylum governance in Europe.

A Fresh Start?

The European Union's Pact on Migration and Asylum

Do animals have legal rights? This pioneering book tells readers everything they need to know about animal rights law. Using straightforward examples from over 30 legal systems from both the civil and common law traditions, and based on a popular course taught by the authors at the University of Cambridge, the book takes the reader from the earliest anti-cruelty laws to modern animal welfare laws, to recent attempts to grant basic rights and legal personhood to animals. To help readers understand this legal evolution, it explains the ethics, legal theory, and social issues behind animal rights and connected topics such as property, standing, dignity, and human rights. The new edition, fully updated throughout, contains a new chapter on rights of nature and its relation to animal rights. The book's companion website (bloomsbury.pub/animal-rights-law) provides access to briefs on the latest developments in this fast-changing area, and gives readers the tools to investigate their own legal systems with a list of key references to the latest cases, legislation, and jurisdiction-specific bibliographic references. Rich in exercises and study aids, this easy-to-use introduction is a prime resource for law students and for anyone else who wants to understand how animals can be protected by the law.

Animal Rights Law

Stories of Bigamy in England and Wales, 1604-2024

Double Lives

This book honours a remarkable legal thinker, David Feldman, whose influence on public law and on multiple generations of legal scholars and practitioners has been profound. It provides a unique set of insights into some of the most topical and enduring questions in public law (broadly conceived), through the reflections of a stellar line-up of contributors on key dimensions of David Feldman's rich body of work. Each chapter constitutes an original and important contribution to the field, taking David Feldman's seminal writings as a starting-point and developing contemporary, distinctive analytical perspectives. Like David Feldman's work itself, the book ranges across - and acknowledges and explores the porous relationships between - constitutional law, administrative law and human rights and civil liberties.

Essays in Honour of David Feldman

The Mosaic of Public Law

Bigamy and the Law in England and Wales, 1604-2024

Double Trouble

This book offers fresh perspectives on the role of addiction in prior fault culpability by integrating legal, psychological, neuroscientific and philosophical dimensions. Are intoxicated defendants responsible for harms they cause to persons and property when intoxicated? Should they be criminally liable for those harms, even if they act without intention or control? What if their intoxicated state is associated with addiction? Analysing the complex interactions between addiction, intoxication and law, prior fault is addressed from various jurisdictions including predominantly England and Wales, Scotland, and the Netherlands, while also incorporating multiple disciplines, thereby discussing prior fault structures from overarching, non-jurisdictional perspectives. These different disciplines and legal systems are not merely described but closely integrated through co-authored chapters, involving academics from different disciplinary fields and legal traditions. This collection is a thorough resource for students, academics, researchers, and practising lawyers who aim to deepen their understanding of the law's approach towards addiction and intoxication. Moreover, it illustrates the importance of a collaborative approach between different legal traditions and interdisciplinary scientific understanding, thereby laying the groundwork for future legal reforms, informed legal practice, and research.

Comparative Perspectives on Addiction and Intoxication

Criminal Law and Prior Fault

Access to Justice in a Changing World

Across Asia, courts are taking a variety of approaches to digital transformations. This book documents the diversity and complexity of the ways in which judiciaries are seeing the promise, as well as the perils, of digital transformations. Through in-depth case studies, the book brings together contributions from those with experience in the administration of technology in courts itself to those who are actively finding ways to develop technology as a tool for adjudication. It also includes reflections from those who are challenging the effects of technology in terms of court processes and arguing for the need for care and caution to ensure digital justice. The pieces take the form of institutional, policy, empirical studies that each analyse the non-linearity of digital transformations. In doing so, they offer practical pathways, as well as critical reflections, which bridge theory and practice, and highlight the uniqueness of Asia as a location for innovation, as well as critical reflection around the digital transformations of courts.

Exploring the Mechanics of Judicial Transformations

Digitalising Courts in Asia

Before the Cradle to Beyond the Grave

Technology, Health, and Law in Life and Death

This interdisciplinary collection illuminates the religious roots of marriage and divorce in Europe and their divergent history from the 18th century to the present day. The 18th century was a pivotal period in terms of how the rules governing marriage and divorce were determined, with authority to set and adjudicate on rules shifting from religious authorities to the state. This book evaluates these historical developments, paying particular attention to the waxing or waning influence of religious institutions, values, or norms and whether further suggestions for reform have been made. Volume 1 of A History of Family Law in Europe examines how, and the extent to which, marriage formation and dissolution are regulated in the written texts of the Catholic, Protestant, and Orthodox traditions. The contributors analyse the respective traditions' teachings on marriage formation, marital impediments, and dissolubility, including these traditions' views as to the socially binding character of these teachings. Jurisdiction-specific chapters focusing on countries across Northern, Central, Southern, and Eastern Europe examine the regulation of marriage formation and dissolution in the context of religious and other cultural influences. This book brings together the insights of an international team of leading marriage-law scholars across Europe, and will be a significant resource for scholars of family law, legal history, and the history of religion.

The Formation and Dissolution of Marriage, Religious Roots, and Diverging Histories

A History of Family Law in Europe, Volume 1

Learnings from Stability Theory of Complex Systems

The Resilience of Democracy

Studies in Private International Law - Asia

This book examines the interaction between Islam and private international law in Asia. The analysis distinguishes between Muslim-majority and non-Muslim jurisdictions. Among the former, a further distinction can be drawn between Muslim-majority jurisdictions where Islamic law continues to exert a strong influence on both substantive and procedural law (including Pakistan, Bangladesh, Indonesia, and Brunei), and those where the law has been largely secularized (such as Kazakhstan, and Uzbekistan). Among the latter, non-Muslim jurisdictions can likewise be divided into two groups: those with a significant Muslim minority, often granted a certain degree of judicial or legal autonomy (such as India, the Philippines, and Thailand); and those where Muslims constitute only a small minority and where no special legal or judicial framework exists (including Japan, South Korea, Taiwan, and China). In Muslim-majority jurisdictions, the main question concerns the influence of Islamic law on the private international law treatment of cross-border cases. In non-Muslim jurisdictions, the main question concerns the acceptance of foreign law based on or influenced by Islamic law or judgments rendered in application of such laws. The chapters put the question of the interrelation between Islam and private international law in its broader theoretical context, examining the differences and similarities between the various approaches and proposing suggestions that bridge the gap between sometimes opposing approaches. The book sheds light on the multifaceted interrelation between Islam and private international law in Asia from both a theoretical and practical angle. It offers a unique perspective in which cultural and religious diversity meets private international law. This invaluable book provides judges, practitioners, decision-makers, and scholars with a practical guide and an indispensable reference to understanding this complex issue within the Asian context.

Islam and Private International Law in Asia

This book offers a comprehensive examination of the Court of Justice of the European Union (CJEU) and its engagement with public international law. It explores how the Court has developed a flexible, context-dependent approach to international law, which seeks to balance the autonomy of the EU legal order with the necessity of recognising and integrating international legal principles. Rather than focusing on landmark cases, the book analyses the CJEU's jurisprudence thematically, exploring the various ways the Court encounters and engages with international law. These include the use of international law as a source and inspiration of EU law, as a method of challenging the validity of EU law, and as method of interpretation. The book goes beyond analysis of the judgments and explores the broader context in which the Court navigates its relationship with international law. It examines the circumstances under which the Court establishes barriers around the EU legal order, such as when it develops the principle of autonomy, and when it builds bridges with the international legal order, such as when it seeks to engage with and develop international law principles. This book will be of interest to scholars, practitioners, and students focused on the intersections of EU law and public international law, contributing to ongoing debates about legal pluralism and the evolving dynamics of intersecting legal frameworks.

The Court of Justice of the EU and Public International Law

Cohabitants and the European Court of Human Rights

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