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The Character of International Law

A Festschrift for Rob Cryer

This book gives the first in-depth assessment of how justification functions when women are claiming their right to equality. How can courts assess whether a proposed limit to women's equality is constitutionally justified? This question is rarely explicitly asked, with the assumption that well-established limitation frameworks, such as proportionality, are able to assess whether limits to women's rights are justified. However, delving into the theory and practice of justification reveals fracture points between the dominant approach to justification and women's rights to equality. One of its distinctive characteristics is the question of whether any analytical entwining or unwinding of equality and justification enhances the protection of women's rights to equality in constitutional democracies. It proposes a novel asymmetric relationship between equality and justification that requires innovative methodological approaches that enrich the task of adjudicating limits to women's equality. This is an intriguing, articulate and compelling examination of a question with real and applied significance to all those working on human rights and equality.

The Function of Justification in Achieving Women's Equality

Hanging in the Balance

This practical guide shows you how to build an effective compliance and ethics program that will lower a business's risks and improve productivity. Today's research is clear: companies that prioritize ethics and compliance don't just avoid risk-they gain a measurable edge in productivity and performance. This practical, updated guide shows business leaders, compliance officers, legal professionals, and students exactly how to achieve that advantage in today's complex regulatory landscape. Unlike broad overviews that stop at theory, this new edition delivers a step-by-step roadmap for building stronger, smarter compliance programs. The first half of the book equips readers with proven strategies to design or enhance internal compliance and ethics frameworks. The second half dives into high-risk regulatory areas-antitrust, international business, labor and wage laws, HIPAA and health care, environmental regulations, and more-offering clear explanations of the laws and actionable best practices to stay ahead of costly missteps. Whether you need to strengthen an existing program or build one from the ground up, this guide provides the essential tools to mitigate risk, meet regulatory demands, and unlock the productivity gains that come from doing business the right way.

A Practical Guide for Executives, Lawyers, and Compliance Professionals

Compliance Management

¿This book provides a comparative perspective on the impact of the COVID-19 pandemic on different criminal law systems. To this end, the book brings together country reports from Brazil, Argentina, Spain, Portugal, Italy, Austria, Sweden, the Netherlands, Germany, Poland, France and Belgium.
All country reports address the same key issues in order to facilitate comparative conclusions. Those key issues re: criminal liability for spreading the coronavirus, criminal liability of medical staff in triage situations, criminal liability of political decision-makers, as well as further (country-specific) challenges in the context of the pandemic and criminal law. Furthermore, they explore domestic case-law and academic literature relevant in this context.This book will be useful for criminal law scholars and practitioners as well as policymakers around the world. The comparative approach of the book will provide them with a more informed and objective perception of their national systems and their respective approaches to COVID-19 and criminal law. Another key objective of this volume in the ICJ Series is to foster dialogue and an exchange of ideas between stakeholders of different nations and ultimately to enable cross-semination between different criminal law systems.Prof. Dr. Frank Zimmermann is Professor for Criminal Law and Criminal Procedure, European and International Criminal Law as well as Criminal Law and Digitalization at the Institute for Criminal Sciences, Dept. V, University of Münster in Münster, Germany.

Comparative Perspectives

Criminal Law and the Covid-19 Crisis

Studies in International Law

This book offers a foundational rethinking of how international law engages with non-state effective territorial entities - territories that, while legally part of a recognised state, are de facto governed by non-state actors or other states. These entities - ranging from ISIL-controlled areas in Syria to the contested territory of Crimea, the autonomous Somaliland, and Taiwan - occupy an increasingly prominent place in global politics, yet remain inadequately addressed in legal doctrine. Rather than assessing these territories through the binary lens of statehood, the book begins by assuming their non-state status and asks: what legal capacity and responsibilities do such entities hold under international law? It considers their obligations toward both other states and the populations under their control, and explores the broader implications for concepts like sovereignty, territorial integrity, and recognition. Drawing on four case studies across a spectrum of state-likeness, the book moves beyond isolated analyses of conflict or self-determination to offer a more holistic account of what these entities reveal about the limits and possibilities of the current international legal framework. It argues for a more functional, capacity-based understanding of legal responsibility that acknowledges the realities of territorial control without forgoing the notion and role of statehood. Combining doctrinal clarity with pragmatic ambition, this book challenges the state-centric foundations of international law and offers a roadmap for engaging with one of its most pressing contemporary challenges: the legal accommodation of non-state territorial authority in a world still structured around states.

Re-Thinking Capacity and Responsibility in International Law

Non-State Effective Territorial Entities

Trading Women's Rights in Transitions is about how women's rights are traded away by diplomatic actors directly in exchange for immediate political or other settlements, and indirectly in terms of being left off the international agenda with long-term consequences.

Trading Women's Rights in Transitions

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

Commonwealth Caribbean Law

Commonwealth Caribbean Criminal Law is a comprehensive guide to criminal law, covering the jurisdictions of Barbados, Jamaica, Trinidad &amp; Tobago, the Bahamas, and Belize, with reference also to other jurisdictions such as Guyana and the OECS member states. Written by established lecturers at the University of the West Indies, this text is an essential guide for all students of criminal law in the region.

Commonwealth Caribbean Criminal Law

Modern Studies in European Law

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

Europeanization and Globalization

The regulation of sovereign debts raises many complex economic and legal questions. The primary objective of this volume is to focus on the possible legal solutions for the challenges facing the insolvent states. Finding a way out of the sovereign debt crisis requires not only economic considerations, but it implies also a better understanding of the rage of different social and ethical aspects associated with this problem.

Possible Legal Solutions

Sovereign Insolvency

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

Constitutional Lessons for the EU

Building a Successful Fiscal Federation

The Character of International Law

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