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Catalogue complet

van Schaik B: Defaming the Freedom of
Religion or Belief

Defaming the Freedom of Religion or Belief

A Historical and Conceptual Analysis of the United Nations

This open access book establishes an interpretative framework by means of a functionalist-originalist reading of EU law and comparative federalism, in particular US constitutional law. The EU is undergoing one of the most profound structural crises of its history, relating to the rule of law and fundamental rights. The author conceptualises the existential question in terms of ontology, constitutional legitimacy, doctrine and institutional process. By providing the first conceptual methodology (based on comparative federalism and focusing on law and rights) the book develops proposals which can be used to address the EU's current constitutional challenges. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

A Comparative Perspective

The Diagonality Problem of the EU Rule of Law

Human and Non-Human Targets in Armed Conflicts

Human Rights Law in Perspective

Proportionality Under the UK Human Rights Act

The 4th edition of this casebook provides an article-by-article analysis of the CISG Convention. Offering a fully updated range of materials, the casebook is an excellent starting point for learning about the CISG Convention and is particularly useful for students, international trade lawyers, and practitioners. The commentary on each article is accompanied by extracts from cases and associated comparative materials, as well as references to important trade usages such as the INCOTERMS® 2020. The book features an updated selection of the most significant cases, each of which has been abridged to enable the reader to focus on its essential features and the relevant questions arising from it. The case extracts are accompanied by a comprehensive overview of parallel provisions in other international instruments, uniform projects, and domestic laws. A companion website provides sample questions and answers, which students can use to test their knowledge. The analyses, cases, texts, and questions are designed to draw attention to the particular issues surrounding specific CISG provisions and to provoke careful consideration of possible solutions. For this reason, the book is especially suitable for students preparing for the Willem C Vis International Commercial Arbitration Moot.

A Guide to the CISG

International Sales Law

This open access book brings together some of the most eminent scholars of international trade to celebrate the scholarly, diplomatic, and institution-building achievements of Thomas Cottier, Professor Emeritus of International Economic Law at the University of Bern and founder of the World Trade Institute. Over his half-century career, Thomas Cottier has promoted the development of international trade law by shaping our understanding of how multiple layers of law interact to form a global legal system. While multilateral trade law is the "melody" of the system, it is made fuller by a host of regional and national layers of harmonising - and sometimes discordant - legal rules. Covering both general trade policy and the economic relations between Switzerland and the EU, the chapters examine Thomas Cottier's fundamental belief in the necessity of studying the interaction of every level of governance - local, national, and international - when considering the policies of economic exchange between countries, as well as his cosmopolitan belief in the need to foster a global community dedicated to bettering the lives of individuals around the world. The special relationship between the EU and Switzerland is addressed, honouring Professor Cottier's dedication to the political debates within Switzerland on the extent to which the country should participate in the European project, exemplifying the themes of multilayered governance and the common concerns of all people. The book's contributors comprise leading scholars and practitioners who have worked closely with, or whose work and professional journeys have been largely influenced by, Thomas Cottier. 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 Swiss National Science Foundation.

Thomas Cottier and the Harmonies of Trade

International Economic Law as Symphony

ASCL Studies in Comparative Law

What happens when Western law is no longer the default referent for legal modernity? This is a deceptively simple question, but its implications are significant for such fields as comparative law, international law, and law and development. Whereas much of comparative law is predicated on the idea that modern law flows West to East and North to South, this volume proposes the paradigm of 'Inter-Asian Law' (IAL), pointing to an emerging field of comparative law that explores the legal interactions between and among Asian jurisdictions. This volume is an experimental and preliminary effort to think through other beginnings and endings for law's movement from one jurisdiction to another, laying the grounds for new interactions between legal systems. In addition to providing an analytical framework to study IAL, the volume consists of fifteen chapters written by scholars from Asia and who study Asia that provide doctrinal and empirical accounts of IAL. This title is also available as Open Access on Cambridge Core.

Inter-Asian Law

Cambridge Studies in Constitutional Law

This book examines how constitutional courts can sustainably contribute to advancing democratic norms in hybrid regimes, i.e. regimes that are neither fully democratic nor fully authoritarian. Using a comparative approach analysing cases from across the globe, particularly from Hong Kong, Pakistan, and Uganda, Julius Yam makes the case that courts can assume a democracy-enhancing role to mitigate the problems arising from hybrid regimes. The book reveals the challenges faced by courts in performing such a role. It also proposes a adjudicative framework that systematically integrates principled judging with judicial strategy, and suggests non-adjudicative techniques that judges can adopt to reinforce democracy. While theoretical in substance, this book is informed by empirical studies and draws on a wide range of disciplines, including law, political science, sociology and psychology. The book will be a key resource to judges, academics, and practitioners who are interested in the study of democracy and courts. Its insights are particularly pertinent in an age of democratic backsliding and resurgence of authoritarianism. This title is also available as open access on Cambridge Core.

Principles and Strategies in Hybrid Regimes

Judging for Democracy

This innovative textbook edited by international experts in technology law and policy provides a comprehensive and accessible guide into the fast-evolving landscape of technology law and policy in the UK and the EU. The recent wave of regulatory reforms adopted by UK and EU regulators increases the complexity of Internet law as it had developed in the past decades. Recognising the ever-growing importance of artificial intelligence in today's public discourse, the textbook extends beyond traditional legal sectoral frameworks, and explores the intersection of law, technology, and public policy to describe and critically reflect on current and emerging issues in the modern information society. This exploration follows thematic areas of interest, such as adtech, privacy by design, predictive policing, and social media, while also providing accessible historical overviews of how policy has developed in specific fields including platform liability, copyright, or data protection, and case studies on key topics. The companion website provides multimedia resources to delve deeper into specific topics; introductory materials for readers that are unfamiliar with the EU legal system; and teaching resources. Law, Policy, and the Internet is an essential resource for anyone seeking to navigate the complexities of internet regulation in an era of exponential technological change.

Law, Policy, and the Internet

The law codes in the Middle East North Africa (MENA) region are a well-crafted blend of civil and Islamic law in which civil law principles do not violate Islamic provisions. Yet, common law principles derived either from English common law or Islamic customary usages remain unidentified and thus ignored. Here, this complex scenario is rectified through a comparative analysis of the primary data (e.g. cases, statutes and arbitral award decisions), adding common law and uncodified Islamic custom to MENA law codes. The purpose of this comparative analysis is to allow common legal principles found in civil, common and Islamic law to be distilled in order to create a new, harmonised international commercial arbitration law code (HICALC) or uniform Arab arbitration law (UAAL) for adoption in the MENA region, where these principles already greatly influence the legal systems and can be readily assimilated into a harmonised or uniform code. The work demonstrates that this new code would lead to improved arbitral award enforcement in the MENA.

A Model Harmonised International Arbitration Law Code for the Middle East and North Africa

Transnational Environmental Law

Navigating the Souring Seas explores how ocean acidification (OA)-a significant yet under-governed environmental threat-is being addressed on the global stage. Bridging science, law, and international policy, this interdisciplinary book introduces global experimentalist governance as an innovative and adaptable framework for tackling complex and uncertain issues like OA. It provides a clear overview of the scientific background of OA and maps the international governance landscape, identifying it as a regime complex. Through detailed interview-based case studies of the Ocean Acidification Alliance and the International Maritime Organization, the book evaluates real-world efforts to govern OA and highlights how experimentalist features, such as flexibility, learning, and multilevel collaboration, can enhance their effectiveness. Accessible and timely, this book is essential reading for scholars, students, policymakers, and environmental practitioners seeking practical, forward-looking governance strategies for ocean and climate challenges. It offers both theoretical insight and concrete recommendations for improving global environmental governance.

The Global Experimentalist Governance of Ocean Acidification

Navigating the Souring Seas

AI and Constitutional Law in Europe

Democracy in the Age of Disinformation

Across the globe, the number of protracted armed conflicts is rising, with many societies enduring the consequences of violence and conflict-related socio-economic disruption for decades. These enduring conflicts present complex and evolving challenges—legal, (geo)political, institutional, humanitarian, developmental, and environmental—that demand new approaches. In response, policy frameworks increasingly advocate for the so-called Humanitarian-Development-Peace Nexus (the 'Triple Nexus'), which seeks to bridge traditionally siloed agendas in favour of a more integrated response to protracted conflict. Yet, despite growing policy interest, the legal dimensions of protracted conflict and the implications of the Triple Nexus remain under-explored in international law. From Protracted Conflict to Sustainable Peace? offers the first comprehensive legal and interdisciplinary examination of how international law engages with the realities of protracted conflict. Drawing on a wide range of legal fields—including international humanitarian law, development law, economic law, refugee law, human rights law, criminal law, and peacebuilding law—contributors explore how legal regimes interact, overlap, and at times conflict in these complex settings. Through a conceptual framework and a series of thematic chapters, the volume addresses the lived impacts of protracted conflict, the role of international institutions and the challenges they face, and the potential of legal frameworks to respond to long-term crises. It provides scholars and practitioners with a vital resource for rethinking legal strategies in the face of enduring violence and for imagining pathways toward sustainable peace. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations.

The Humanitarian-Development-Peace Nexus and International Law

From Protracted Conflict to Sustainable Peace?

Defaming the Freedom of Religion or Belief

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