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Atiyah P: PS Atiyah

PS Atiyah

An Academic Autobiography

Electronic Transferable Records, Digital Identity and Trust Services

Uncitral Model Laws on Digital Trade

Münchener Kommentar zum Bürgerlichen Gesetzbuch Bd. 13: Internationales Privatrecht II, IntWR, Art. 50-253 EGBGB

This book is the first comprehensive academic treatment of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and employment rights, which has a global vocation demonstrated by having been ratified by 173 States since it was adopted in 1966. Workers' rights need protection and reinforcement. To achieve this aim, international human rights standards can play an important role. The ICESCR is the most important global UN instrument in this respect. It covers a wide range of employment rights, including the right to strike, and has global application. But it is not sufficiently developed and used, and national implementation often needs improvement. Part 1 of the book analyses general issues related to the Covenant, such as context, development, challenges, influences at the global and regional levels, interpretation and procedural elements. Part 2 deals with the specific provisions which are directly linked to the employment relation. The book is based on a thorough analysis, mainly, but not exclusively, of the case law of the Committee on Economic, Social and Cultural Rights (CESCR), that is monitoring the national implementation of the Covenant. Together, the chapters in this book will empower academics and practitioners in labour law to find answers to relevant and practical problems in order to better enforce and improve workers' rights. The book is the result of a project by the 'Transnational Trade Union Rights' experts Network (TTUR), linked to the European Trade Union Institute (ETUI).

The International Covenant on Economic, Social and Cultural Rights and the Employment Relation

This book explores human vulnerability through the lens of natural law theory. Beginning with a detailed examination of natural law ethics, centred upon the virtues (Part One), it sets out the relationship between natural law and human vulnerability. To be human is to be vulnerable; but vulnerability must itself be understood by reference to the human goods that are the central concern of natural law ethics. Such goods lie at the heart of what it means to lead a flourishing life, but they are in no way certain: goods such as health, education, the family can all be perverted or taken away by human agency or the vicissitudes of life. Part Two poses the problem of how human beings and government can build resilience in the face of these vulnerabilities. Its main contention is that the central aims of vulnerability theory, including that of state responsiveness, are pre-figured in the social teachings of the Catholic Church. These teachings provide a compelling basis for the demand that the state be more responsive to social scourges such as poverty, crime, debt and dependency. Vulnerability theorists will benefit from a new perspective on the problems that are central to their analysis; natural law theorists will profit by an enrichment and extension of their central concerns.

Natural Law, Ethics and Human Vulnerability

Previously known as Drafting Agreements in the Biotechnology and Pharmaceutical Industries, this title provides precedent agreements for the main types of commercial transaction encountered in the life sciences, biotechnology and pharmaceutical industries. In addition to the print version, each precedent is available via an accompanying website in a format which can be easily downloaded and edited. Detailed commentary on legal, commercial and practice issues accompanies every precedent. Provided by specialist lawyers from across Europe, this commentary also highlights important differences between English law and that of other key EU jurisdictions: Germany, France, the Netherlands, Spain and Sweden. Commentary on specific considerations for the US is also provided. In addition to precedent commentaries, the book also contains detailed commentary and discussion of legal issues common to the life sciences, biotechnology and pharmaceutical industries, as well as links to relevant materials (eg regulatory materials on clinical trials). This title is included in Bloomsbury Professional's Intellectual Property and IT online service.

Drafting Agreements in Life Sciences

This book challenges the view that legal positivism should be reduced to a conceptual analysis of legal validity. Instead, Elena Namli reclaims legal positivism as a theory of the relationship between law, morality, and politics. Presenting novel interpretations of the classical works of Herbert L. A. Hart, Joseph Raz, and Jürgen Habermas, Namli frames legal positivism as a theory that makes possible a moral and political critique of valid law. Moreover, this book defends the dialectical relationship between law, politics, and morality by combining a positivist approach to legal validity with a constructivist ethical theory which strengthens the critical potential of legal positivism. Legally valid norms may not always be morally justified, but understanding the moral quality of legal regulations is essential for comprehending modern law.

Legal Positivism, Politics, and Critical Ethics

Global Law and Sustainable Development

Given the significant developments in Indian economic and trade policymaking over the last two decades, this book provides an authoritative and timely analysis of the transformation and current state of India's foreign economic policy. The work presents a comprehensive, informed and critical overview of negotiating issues addressed in the recent period leading up to the substantial conclusion of the Trade Facilitation Agreement. The volume also takes into account the geopolitical considerations that influenced the negotiations. Finally, the reform steps being taken by India need to be understood in light of the structural changes in the economy, fuelling domestic compulsion, and the analysis covers this undercurrent in detail. The book will be a valuable guide to academics, researchers and policy-makers working in the areas of international trade law, development economics and global politics.

Deciphering the Law, Economics and Politics

India’s Foreign Economic Policy

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

This book brings together scholars primarily from the Global South, rooted in critical legal traditions, who reflect on international law and its role in (re-)producing social hierarchies in times of crisis and catastrophe. How should legal scholars articulate critique in catastrophic times? Should critical voices tone it down, in favour of pragmatism, when faced with deteriorating social conditions, growing inequality, protracted violence, planetary collapse, authoritarianism, and xenophobia? Or are they more urgently needed than ever? Critical scholarship has long warned of the limits of international law and its complicity with structures and relations of domination and the (re)production of social hierarchies. Yet, contemporary catastrophes have led to its revitalisation as a language of both expert counsel and political demand, drowning out calls for structural change for the sake of realism and stability. This book was inspired by two distinct, yet related, developments. One is the mobilisation of, and against, law by social movements representing the interests of distinct socially constructed groups facing crisis or catastrophe. The other is the reception of, and response to, such mobilisation by international law scholars and practitioners.

International Law, Critique, and Structural Change

Social Hierarchies in Catastrophic Times

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

Form, Character and Nature

The United Nations Security Council and the Authorisation of Force

This book challenges the near-universal acceptance of a US-style, Western constitutional paradigm as the best basis for comparative constitutional studies. It does so on three main grounds: anachronism, 'othering' and cultural specificity. Main pillars of 'convergent constitutional theory' are rooted in the revolutionary, late-eighteenth century - a lost world; constitutional arrangements that deviate from the paradigm are often branded as 'outliers' or even as not constitutional at all; and the foundations of the paradigm in liberal democracy give no space for other forms of constitutionalism. Whatever the attractions of convergent theory as a normative ideal of good government, for the purposes of understanding, analysing and explaining constitutional systems it is far from ideal. This book discusses and questions: convergent theory's weddedness to writing as the technology of constitution-making; its image of a constitution as fundamental law; its idea that a constitution expresses the 'sovereignty of the people'; its use of tripartite separation of powers as the basic principle of institutional design; its relative neglect of administrative law; its association of 'rights' with judicially enforceable bills of rights; and its obsession with a vaguely specified concept of 'democracy'. It makes suggestions for alternative, preferable methods of understanding, analysing and explaining constitutions, and governmental and constitutional systems.

The Distorting Lens of Convergent Constitutional Theory

PS Atiyah

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