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Torture and Arbitrary Detention in
Kashmir

Torture and Arbitrary Detention in Kashmir

Conceptualisation and Exploration through Critical Cases

Global Challenges in the Environmental Humanities

This open access edited volume acknowledges that when judges adjudicate climate change issues, their decisions are shaped by far more than positive law. Adopting a pluriversal, socio-legal and multidisciplinary approach, chapters engage with an array of 'extra-legal' factors that inform what happens inside courtrooms, of relevance for climate action more broadly. These factors include judges' psychology; who is appointed as a judge and how that process is designed; legal culture and philosophy; who litigates and how litigation strategies are designed; literature; counter-hegemonic knowledge production; political ecology; climate anxiety; and climate science. 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 Newcastle Law School (United Kingdom), the Department of Land Economy, Cambridge and Queens' College, Cambridge.

Exploring Extra-Legal Factors

Adjudicating Climate Change

A Primer on a Gentle (R)evolution in Economy and Society

Agentic AI and AI Agents

Studies in Australian Law, Politics and History

This book lays out a roadmap for establishing common law recognition of Aboriginal customary law in Australia. Currently, Aboriginal customary law is recognised in limited circumstances through native title, which applies only to rights and interests over traditional lands or waters. This book argues that, if a carefully constructed claim is accepted by an Australian Court, Aboriginal customary law could potentially be recognised across a wide range of legal areas, including criminal law, family law, succession, environmental law, and criminal procedure. Importantly, this would also afford legal recognition to organic Indigenous governance structures. It also proposes a roadmap for establishing a hybrid equitable-constitutional fiduciary obligation that the Crown would owe Indigenous Australians. This could provide valuable protections to Indigenous rights and societies from impositions made by legislatures and executives purporting to exercise powers under the 
 Australian Constitution. Distinctive in its approach, this volume is among the first post-2020 works to explore a common law pathway for recognising and furthering the rights of Indigenous societies, governance systems, and legal frameworks, at a time when most scholarship has focused on express constitutional recognition or recognition via treaties and agreements (notably in Victoria).
 The book builds on the landmark High Court decision in 
 Love v Commonwealth 
 (2020), where the Court recognised that Aboriginal Australians, owing to their enduring connection to country, could not be considered ‘aliens’ under the 
 Constitution
 . While 
 Love 
 initially addressed alienage and constitutional protections, this work argues that its reasoning opens the door to broader common law recognition of Indigenous Australians’ rights, laws, and governance structures, beyond the scope of native title.
 Through careful legal analysis and a proposed claims framework, this book contributes to an emergent body of scholarship exploring the legal consequences of recognizing Aboriginal Australians’ enduring connection to country, offering a path toward meaningful expansion of Indigenous legal recognition in Australia, and bringing Australian law closer to the more progressive Indigenous rights doctrines of common law North America.

Strategising Opportunities for Future Indigenous Rights Test Litigation

Law, Love and Australia’s Unfinished Retreat from Terra Nullius

Perspectives on Global Affairs

With more than 180 million migrants worldwide, roughly 2.3 percent of the global population, migration is a global phenomenon, characterized by cross-border movements that are strikingly varied. This book discusses the current state of migration as a question of governance rather than crisis, examining contemporary migration movements within the legal, political, and economic structures that shape who may move, and why. The book focuses on Latin America, a region shaped by long histories of mobility, and the immigration policy frameworks of the United States, the European Union, and Latin America and the Caribbeans, tracing how different institutional architectures face similar migratory pressures but obtain markedly different outcomes. Ultimately, the book argues that migration functions as a governance barometer, by introducing the concept of policy elasticity, and exploring the limitations of existing “one-size-fits-all” approaches.

Latin America and the Crisis of Global Migration Regimes

This book offers an alternate trajectory for EU copyright law. Building on cultural norms in creative communities to reuse, recreate and share, the book proposes a more holistic approach to reconcile conflicting copyright interests. Drawing upon Niklas Luhmann's system theory, John Dewey's theory of art and feminist data theory, it advocates access to, and care within, creative communicative spaces, such as social media platforms or artificial intelligence (AI) data infrastructures, to safeguard creativity and cultural production online. Following a comprehensive assessment of current EU copyright law and related regulation, it proposes a rebuttable presumption of artistic communication to account for the nature of communication between authors, users and the public that safeguards creative reuse. The book isolates the question of remuneration, particularly in AI context, as one of collective socio-cultural value to address wider harms through a cultural commons existing on the border of the EU copyright system. Reflecting on traditional copyright concepts such as authorship, consent and remuneration alongside more novel legal structures like a right of collective informational self-determination, Reshaping EU Copyright Law to Support Creativity Online provides a foundation to reshape how the EU copyright system and its regulatory neighbours adequately respond to new forms of creativity, dissemination, and its use.

Creative Reuse

Reshaping EU Copyright Law to Support Creativity Online

Edition Politik

Conflicts and Power Relations in Ecuador's Shrimp Sector

Tides of Extraction

Argentine Freedom
 is the first account of the most disruptive figure in Argentine history since the nation’s return to democracy. In just a few years, Javier Milei rose from television economist and social media provocateur to president of a country long defined by crisis, state intervention, and political polarization. His ascent has sparked fierce debate at home and abroad: Is Milei a threat to democracy, a neo-conservative, or the herald of a much larger revival of the classical liberal tradition?
 
 The book provides a balanced examination of Milei’s rise to power. Rather than judging his policies, economic historian Sebastián Álvarez and political philosopher Ezequiel Spector ask a deeper set of questions: Where do Milei’s ideas come from? How do they relate to Argentina’s liberal tradition and its history of populism, socialism, and authoritarianism? And what does his presidency reveal about the tensions between liberty, equality, and democracy in the twenty-first century?&nbsp;
 
 Blending economic history, political philosophy, and contemporary analysis,&nbsp;
 Argentine Freedom
 traces Argentina’s long ideological arc from the liberal foundations of the 1853 Constitution, through Peronism, military rule, neoliberal reform, and the interventionist turn after the 2001 collapse, to the two liberal “waves” that culminated in Milei’s election. Along the way, it unpacks the meanings of liberalism and libertarianism, contrasts them with their main rivals, and situates Milei within both national history and a broader global surge of anti-establishment leaders.
 
 The resulting book offers a new way to understand Javier Milei as a political actor—and Argentina as a country once again at a crossroads.
 Sebastián Álvarez
 is Professor at Universidad Adolfo Ibáñez in Chile and Associate Researcher at the Graduate Institute in Geneva, Switzerland. His work explores the history of finance and banking in Latin America, with particular attention to how capital markets shape economic policy and international relations. He is the author of 
 Mexican Banks and Foreign Finance
 (Palgrave Macmillan, 2019).
 Ezequiel Spector
 is Research Professor and Director of the Master of Arts program in Philosophy, Politics, and Economics at Adolfo Ibáñez University in Chile. He is the author of 
 Freedom as Social Cooperation
 &nbsp;(Palgrave Macmillan, 2026).

Javier Milei and the Libertarian Wave

Argentine Freedom

Examines whether the rule of law can endure without its natural law and metaphysical foundations, arguing for a renewed, human-centered legal order grounded in objective moral principles and capable of addressing contemporary challenges such as AI, technocracy, and decolonization.
This provocative interdisciplinary volume addresses a mounting global crisis: the erosion of the rule of law in an increasingly secular and technological world. As societies move into what the authors call the "fourth era" of legal history, the rule of law is frequently reduced to a mere "toolkit" for elites or a "checklist" for bureaucratic efficiency, stripped of its deeper moral and transcendent roots. The book explores a vital question: can legal systems remain just when they are "truncated of transcendence" and disconnected from a higher moral order? By sifting through the legacies of legal giants like Lon Fuller and theologians like Karl Barth, the contributors argue that a purely procedural "inner morality" is insufficient to protect human dignity against authoritarian relapses or the cold logic of "technocratisation." 
Central to the book's unique vision is a multivalent, pluralistic re-envisioning of global norms. Drawing on the Christian philosophy of Herman Dooyeweerd, specifically his concept of "sphere sovereignty," the authors propose a framework where diverse religious and secular traditions can collaborate without sacrificing their distinct identities. This approach offers a powerful way to decolonize the rule of law, moving away from "one-size-fits-all" Western impositions toward a culturally sensitive synthesis of universal principles and local traditions. 
The text also tackles the controversial relationship between Natural Law and the 10 Commandments, debating whether positive laws should be grounded in "naturally knowable" truths or specific religious revelations in a pluralistic state. 
Looking toward the future, the authors issue a stark warning against the rise of Generative AI (GenAI) in legal adjudication. They argue that replacing human value judgments with machine-driven algorithms threatens to eliminate the discretion and relational interaction essential to true justice. To counter this, the book calls for educational reform and a shift toward "principled legal education" that prioritizes ethics, restorative justice, and a "facts first" approach. Ultimately, this work is a call to action for legal professionals, theologians, and the public to reclaim law as a framework for human flourishing-a "language of love" between the divine and the human that protects the vulnerable from the arbitrary exercise of power.

Reclaiming Justice Through Natural Law

The Rule of Law, Human Dignity and the Future of Democracy

Palgrave Studies in Race, Ethnicity, Indigeneity and Criminal Justice

The edited collection gathers contributions from across the world and engages in constructive debate about fundamental issues regarding Indigenous peoples in connection with issues of crime and harm. It provides the most diverse and global coverage of this topic across five continents. Existing explorations of Indigenous peoples in relation to issues of crime and harm have proven valuable in challenging, decentring, and renewing criminology. Yet, this research area remains at the margins of criminology, and many fundamental questions—such as the meaning of ‘being Indigenous’—await deeper exploration. Key themes explored by the book include: the meaning of Indigeneity; Indigenous epistemologies, Indigenous cosmologies, and their implications for the study of crime; the meaning of ‘crime’ for Indigenous peoples; causes, consequences, and types of crimes and harms against Indigenous Peoples; Indigenous peoples and gender; Indigenous systems of justice; and Interactions between Indigenous Peoples and state criminal justice systems. This collection does not seek consensus but reflects diversity and depth. It offers an introduction to Indigenous criminology and fundamental concepts, as well as a series of case studies and more intricate theorisation.David R. Goyes
 is a researcher at the University of Oslo, Norway, with a PhD in criminology. He has contributed extensively to the study of North-South global relations, environmental conflicts, and Indigenous issues. Goyes is editor-in-chief of the 
 International Journal for Crime, Justice and Social Democracy
 and a member of several editorial boards.
 Angie Cuchimba
 is a researcher at the Universidad Antonio Nariño, Colombia. Cuchimba holds a law degree from the same university. She is an Indigenous leader in the Nasa Community and has represented her People worldwide in diverse meetings. Together with Goyes, Cuchimba has published articles about Indigenous rights and justice in some of the best journals in the world.

Indigenous People, Crime, and Harm

International Studies in the Theory of Private Law

Constitutional Rights in Private Law

Oñati International Series in Law and Society

This edited collection explores the question of how those with limited capacity are enabled to take their part as members of society within the context of both a legal framework and the expectations of their family and community. The book is divided into three parts, firstly looking at the current legal position on incapacity in a number of jurisdictions. It discusses the recent European project FLEUR, and the associated debates developing around whether legislation dealing with incapacity should aim to support or control the vulnerable person. Secondly, the book looks at the experience of families with vulnerable members. Chapters examine developments in Australia, Spain, Bulgaria and Argentina, while part three looks at France, Turkey, Canada, the Netherlands, Poland and Ukraine. It asks questions such as: What are the contemporary demands for full financial protection by the state in the Netherlands? What can happen in an emergency? How did the Polish system provide for the needs of refugees in wartime, in the case of the recent flight from Ukraine into Poland? An important dimension is added to the debate, asking how we can provide support and control within a social network or group whose members have different aims and needs in a family or a community.

Incapacity and Access to Family Justice

International Law and the Global South

This book provides comprehensive discussions on the instruments, mechanisms and debates relevant to tackling biopiracy and protecting the rights of indigenous peoples and local communities in that context.&nbsp;Biopiracy is one of the most controversial issues in the international society and indigenous peoples and local communities have been the main victim of biopiracy because although they have made enormous contributions to the conservation of biological and genetic resources and development of associated traditional knowledge, they have been rarely acknowledged and few benefits have been shared.Against this backdrop, this book surveys biopiracy cases around the world, analyses and discusses the international regimes relevant to biopiracy, and suggests possible ways forward; namely the instruments or mechanisms to tackle biopiracy and protect the rights of indigenous peoples and local communities based on the international regimes. It provides a comprehensive picture on the rights of indigenous peoples and local communities in the context of biopiracy by analysing international biodiversity, human rights and intellectual property regimes as a whole. Moreover, unlike others, this book also suggests how to improve domestic laws and institutions to tackle biopiracy and protect the rights of indigenous peoples and local communities to genetic resources and associated traditional knowledge in accordance with the international regimes by, for instance, providing the core elements of the model laws and institutions.For these reasons, the book will be a good guide for students and researchers who are interested in laws and policies on the (sustainable) use of biological and genetic resources. Particularly, given that with the adoption of the Nagoya Protocol, scientists (particularly, biologists) need to understand international biodiversity and intellectual property laws and institutions, this book will be useful for them. Moreover, as indigenous peoples and local communities are the main victim of biopiracy, this book will help indigenous rights activists and organizations working to protect their rights.

Protection of Bio-rights of Indigenous Peoples in International Law

Torture and Arbitrary Detention in Kashmir

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