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Cultural Influences on the Law of the
Sea

Cultural Influences on the Law of the Sea

History, Legacy, and Future Prospects

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

International trade and public health have long been in tension, with intellectual property law partially to blame. Patent protections have created strong pharmaceutical monopolies, making medicines unaffordable in many countries, blocking access to healthcare, and disrupting global supply chains. Attempts to remedy these public health failures have largely been fractured, with stop-gap efforts failing to meaningfully resolve the structural issues at the intersection between access, innovation, and regulation. Rather than treating these areas as separate domains, this book advocates for a holistic regulatory approach that centers public health while recognizing the deep interconnections with IP and trade. The authors argue that advancing innovation and global development requires recalibrating legal and policy frameworks to prioritize global public health as a necessary foundational requirement for robust trade and development. Tracing the evolution of these tensions across six chapters, the book critiques current regulatory reform efforts and proposes principles for a new public health framework: a treaty that places health not in opposition to trade and IP, but firmly at the center.

Centering a Public Health Framework

Fractures in IP, Trade, and Health

This book analyses the tendency in international law scholarship and criticism to seek a 'new' international law. Drawing and building on scholarship around the political significance of theological ideas, it argues that underlying this tendency is a relationship between international law and messianic thinking.

The 'New' International Law

Global Challenges in the Environmental Humanities

Adopting a multidisciplinary approach to climate adjudication, this book addresses how adjudicators decide cases by considering the influence of psychology, philosophy, legal education, film, literature, political economy, political ecology, judicial appointments, history, and climate science on their decision-making and ultimately on the (inconsistent) outcomes in climate cases. Drawing upon the humanities, science of climate change and/or social sciences to identify extra-legal factors that may drive the decision-making processes and outcomes of climate cases, this book uses case studies from different jurisdictions across the globe, addressing climate cases decided or pending in Africa, Asia, Europe, Latin and North America, and Oceania. In all, the volume will: - Engage with extra-legal influence to how show judges and arbitrators make their decisions in climate cases, shedding light on the inconsistent responses that climate cases have generated so far - Challenge assumptions of legal universalism, by recognising differences in how the law works in various - Inform actors involved in climate litigation (lawyers, judges, arbitrators, disputants), policymakers, and the public about how cases are decided

Multidisciplinary Perspectives

Adjudicating Climate Change

Anthem Environment and Sustainability Initiative

This book considers the value of constitutional environmental rights in protecting water resources through an examination of the legal strategies utilized by communities engaged in protracted mining conflicts, including oil sands development in the Canadian boreal forest and gold mining in ecologically sensitive, glacier-rich areas of Argentina.

Water, Oil and Gold

The Power of Constitutional Rights in Resource Conflicts

Harnessing Open Source Evidence in Kenya

Accountability for Human Rights Violations

Great Debates in Law

This textbook introduces students to key questions and debates of advanced legal concepts and encourages deeper thought and understanding.

Great Debates in Public Law

Volume 5 (Part III, Art A and B, Part IV, Art C)

The European Social Charter: A Commentary

This book approaches limitation of liability for maritime claims by looking at several key conventions and protocols including the LLMC Convention, the Athens Convention, the Nairobi Convention as well as conventions relating to the carriage of passengers and their luggage by sea, and those covering compensation for pollution damage.

The Relationship between Global Limitation Conventions and Particular Liability Regimes

Limitation of Liability in International Maritime Conventions

Studies in Private International Law

This groundbreaking book offers an in-depth exploration of the complex and evolving landscape of the recognition and enforcement of foreign judgments across Africa. Covering more than 26 jurisdictions, it spans a remarkable diversity of linguistic traditions (including English, French, Arabic, and Portuguese), religious contexts (such as Christian-majority and Muslim-majority countries), and legal systems (ranging from common law and civil law to mixed jurisdictions). As the first comprehensive study of its kind, the book examines national procedures, legal regimes, and institutional frameworks, combining theoretical insights with practical analysis. It sheds light on the multifaceted challenges that arise in cross-border civil and commercial litigation and reflects on the prospects for legal harmonization and reform within the continent. Drawing on the most up-to-date case law and legislative developments, both domestic and regional, the book offers a unique and timely contribution to understanding the mechanisms-current and emerging-that govern the movement of judgments across African borders. A practical guide and indispensable reference for practitioners, academics, judges, students, and policy makers alike, this invaluable book provides a comprehensive overview of the current state of foreign judgments recognition and enforcement in Africa, with all its intricacies and complexities.

Recognition and Enforcement of Foreign Judgments in Africa

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

Routledge Research in Human Rights Law

Taking a public international law law perspective, this book examines various issues and difficulties faced by human rights advocates in their effort to seek redress transnationally for victims of human rights abuses.

Jurisdiction, Immunity and Transnational Human Rights Litigation

Cultural Influences on the Law of the Sea

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