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The Character of International Law

A Festschrift for Rob Cryer

Why the Legal Person Remains a Man

Manning the Law

This volume is the first in-depth collection to explore the impact of language on the field of comparative constitutional law. It addresses the epistemological and conceptual implications of English as the lingua franca. In this regard, it considers the global influence of Anglophone jurisdictions in orienting the discourse through the identification of concepts, designs and ideas that warrant engagement and exploration outside of those origin jurisdictions. In doing so, the book underscores that language is not a neutral device but can produce hegemonic pressures and expectations. It further makes the role of language in conducting comparative constitutional law explicit, so that its users can be more deliberate in their selection of foreign materials and are made conscious of the limitations of their findings due to language barriers. The book calls for a reckoning with the rich constitutional vocabulary that non-Anglophone jurisdictions have to offer to ensure a more holistic approach to the creation of knowledge. It also emphasises the need for the contextualised study of constitutional phenomena to appreciate how these are shaped by linguistic choices. In addition to raising awareness about language's significance as an epistemological, conceptual and methodological device, the volume also puts forward constructive tools and techniques to harness language's potential, making it an indispensable resource for scholars, students, lawmakers and judges.

Questioning Hegemonies

The Language of Comparative Constitutional Law

Using an aesthetic culture and techniques termed as jihadi cool, terrorist groups have been able to recruit members from around the world, so how do we begin to respond? This book analyzes the rhetorical and ethical dynamics of a culture of jihadi cool/chic, and why these rhetorical and aesthetic techniques have been such a powerful recruitment force for particular transnational terrorist groups. The author uses an evidence-based approach, with frameworks derived from law, politics, philosophy, rhetoric, feminist theory, and communication studies, to examine various attempts to construct counter-narratives to the jihadi cool master narrative. The book closes with an examination of how to begin to respond critically and effectively to the lure of jihadi cool.

Narrative, Law, Culture, and Philosophy Against Global Jihad

Countering Jihadi Cool

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

This book explores the foundations of the principle of altruism and its relationship to the criminal law, examining the contrasting justifications for the duty of easy rescue and the duty of tolerance, both of which are based on altruism. Since the days of Lord Macaulay and James FitzJames Stephen, it has been said that English law does not usually punish omissions, and that altruistic duties are incompatible with the spirit of the common law. This book aims to show that this is not an accurate description of English criminal law, and that there is a strong case to be made for the opposite understanding, based on principles advanced by authors such as Adam Smith, Jeremy Bentham, John Stuart Mill and others. By analysing the duty of easy rescue - which imposes on individuals a duty to take steps to rescue a person in danger if this can be done without risk to the rescuer, or at least a duty to call the emergency services - and by comparing it with the well-known duties arising in cases of extreme necessity, it can be shown that altruism has plenty to say in different parts of the criminal law. Having established the case for criminalising the failure to provide a simple rescue, a detailed analysis is made of the form that this criminalisation should take, bearing in mind the basic principles of English law and considering the strengths and weaknesses of the duty of easy rescue as it is formulated in various continental systems, including the German, French, Spanish and Italian criminal codes.

Duties of Rescue and Tolerance

Altruism and the Criminal Law

Reconstructing the Global Framework for Housing Finance

Transnational Mortgage Law

Law and the Unity of Practical Reasoning

Studies in Private International Law - Asia

This book is the only reference in English on private international law in Uzbekistan. Dispelling a common misconception that the law of ex-USSR countries is largely the same, the book provides an authoritative account of private international law in Uzbekistan, as well as the role the country plays in the harmonisation of private international law in the region and beyond. The chapters provide authoritative guidance on conflict-of-law rules, issues of jurisdiction in contractual and non-contractual matters, as well as the practice and procedure of enforcement of foreign judgements and arbitral awards in Uzbekistan. The book is the first that systematically explores private international law in Uzbekistan and is an essential tool in understanding the peculiarities of the country and their impact on legal practice.

Private International Law in Uzbekistan

Geopolitics and the High North

The Arctic Großraum

This book provides a commentary on the Markets in Crypto-Assets Regulation (MiCAR), a game-changing EU regulation for crypto-assets and crypto-asset services. Directly applicable in all EU Member States, MiCAR serves as a benchmark for future regulation in other jurisdictions, influencing rulemaking and crypto industry around the world. In this book, leading experts in the fields of financial law, regulation and technology examine the goals, rules and operation of MiCAR. The book explores its provisions in the broader context of current market practices, technological developments, existing financial law instruments (eg MiFID II, Prospectus Regulation, Crowdfunding Regulation and Market Abuse Regulation), court cases (eg the bankruptcies of FTX and Celsius), regulatory initiatives in the USA and the UK, as well as soft law instruments. The book is designed for anyone dealing with crypto-assets or considering entering the crypto space. This includes representatives from legal and business communities, both incumbent (banks, investment firms, investment funds) and new market players (crypto exchanges, wallet service providers, issuers of stablecoins), supervisory authorities, students and academics. The reader will gain a deep understanding of the scope and structure of MiCAR, key terms used in it, its rationale, and the main rules for issuers of crypto-assets, crypto-asset service providers and crypto-asset services.

Law and Technology

Markets in Crypto-Assets Regulation

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

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

The Character of International Law

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