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Fundamental Rights for Non-Humans

Foundations, Flaws, and Futures

This book provides the first in-depth scholarly analysis of fraud, the highest volume crime in England and Wales, addressing the challenges faced in building a principled criminal law response by presenting an innovative normative analysis. The UK is now in a pandemic of fraud. There were 4.6 million fraud offences recorded in the year ending March 2021, accounting for 42% of all crime committed against individuals. Fraud is now the highest volume crime in England and Wales; its incidence in the first half of 2021 was described by UK Finance as a 'national security threat'. The book provides the answers to key questions, such as: - How can the rapidly changing nature of fraud be understood and mapped by criminal lawyers? - How does fraud connect to economic crime more broadly? - Is the current landscape for criminalising fraud fit for purpose, in the light of changes to the nature and complexity of wrongdoing? - What are the principled limits to using Artificial Intelligence technologies to detect and to penalise fraud? - Which principles should inform fraud criminalisation and governance following the COVID-19 pandemic, to meet the challenges of a digital age and a stretched criminal justice system?

The Future of Criminalisation of Fraud in England and Wales

The Fraud Pandemic

Die Geschichte des Mannes, der für die Freiheit, Würde und Zukunft Palästinas kämpft
 
 Seit mehr als zwei Jahrzehnten sitzt Marwan Barghouti in einem israelischen Gefängnis, die meiste Zeit davon komplett isoliert. Und dennoch ist er nach wie vor der populärste palästinensische Politiker. Als langjähriger Verfechter eines auf Gerechtigkeit und Gleichheit basierenden Friedens ist er zu einem dauerhaften Symbol für Einheit und Hoffnung geworden – selbst hinter Gittern.
 
 »Unbroken« zeichnet eindrücklich das Leben von Marwan Barghouti nach und erzählt seine Geschichte in seinen eigenen Worten.
 
 Das Buch enthält private Briefe aus dem Gefängnis an seine Familie, persönliche Aufzeichnungen, Korrespondenz mit internationalen Persönlichkeiten, Interviews, öffentliche Erklärungen und persönliche Fotos.
 
 »Wenn der Preis für die Freiheit meines Volkes meine eigene Freiheit ist – dann bin ich bereit, diesen Preis zu zahlen.« 
 
 Marwan Barghouti

Das Streben nach Freiheit für Palästina

Unbroken

This book explores the major theories of common law adjudication and presents a new theory of adjudication. It shows that the existing major theories of common law adjudication each capture only part of what occurs in actual court proceedings. It presents a new theory of adjudication that incorporates both useful and modified elements of these theories. The new theory itself comprises two parts: first, an attitudinal aspect based on institutional values; and second, a number of practical and theoretical factors which give concrete expression to those values. Throughout the book, the author draws on his prior experience both as a law professor and as a judge in his country's highest appellate court in order to provide a unique perspective that illustrates this new theory.

Integrating Theory and Practice

Towards a New Theory of Adjudication

Hart Studies in Constitutional Theory

This is the second part of a 2-volume set which presents an in-depth investigation into the canon of constitutionally conforming interpretation. This second volume builds upon the insights of the first volume, which includes national reports on the use of constitutional interpretation. In Volume 2, the analysis is extended beyond the national context, discussing its application in the supranational and international contexts, including in EU law and the domestic use of international law. It presents several critical perspectives, challenging the legitimacy of constitutionally conforming interpretation, and looks at the invisible constitution, constitutional amendments, and the impact of legalism. The volume is rounded off by three comparative analyses, which formulate universally applicable insights. Together with Volume 1, this book fills an important gap in legal scholarship and sets the stage for cross-national discourse on this critical legal method.

Volume 2: Connections and Analysis

Constitutionally Conforming Interpretation – Comparative Perspectives

This book offers a pioneering and deeply insightful examination of one of the most challenging dilemmas in contemporary counterterrorism and international law: how to legally and morally assess the responsibility of female suicide bombers affiliated with terrorist groups such as Boko Haram. It exposes a critical legal blind spot where female bombers are caught in a 'grey zone' - neither fully prosecuted nor released - due to conflicting norms around gender, victimhood and terrorism. Drawing on extensive research including interviews, case studies of failed suicide bombers, and legal analysis of terrorism cases, it develops a novel culpability framework that moves beyond simplistic notions of guilt or innocence. By exploring the complex spectrum of moral and legal responsibility, this framework offers a much-needed tool for policymakers, judges, practitioners, academics and students dealing with terrorism, war crimes and transitional justice. It challenges prevailing gender stereotypes that often either criminalise women excessively or excuse them arbitrarily and instead provides a nuanced approach that recognises female bombers as individuals whose actions range from coerced victimhood to accountable perpetrators. More than a legal study, this book humanises the lived realities of women involved in violent extremism and highlights the urgent need for legal systems worldwide to adapt. It is essential reading for scholars, legal professionals, policymakers, and anyone interested in terrorism, gender, human rights and international justice.

Gendered Dimensions of Responsibility

Culpability in Terrorism Law

The Art Law Library

This open access book investigates the role played by copyright on the digitisation of cultural heritage from three angles: the theoretical differences between cultural property law and copyright; a comparative analysis of the EU, UK, and US; and analysis of current practices and concerns, based on empirical research. As heritage digitisation projects become increasingly common for purposes such as preservation and access, the impact of copyright is also becoming more problematic. In order to provide a full and current picture of the copyright problem, the book first introduces the reader to the debates on the scope and ownership of cultural heritage and provides an overview of the copyright implications of the digitisation process and newer uses, including 2D and 3D scanning; virtual and augmented reality; text and data mining; and artificial intelligence. The author then divides the main critical analysis into three parts, referred to as the 'clashes with copyright'. The first, clash in theory, lies between cultural property law and copyright justification theories. The second clash is in the different legal approaches to digitising in-copyright, public domain, orphan, out-of-commerce and unpublished works in the chosen jurisdictions, focusing on the relevant rights and defences. The third clash is in the interests of stakeholders, based on public reactions to existing projects and cases, supported by interviews with heritage professionals engaging in digitisation. By placing itself in this particular intersection of law, heritage, and technology, the book will be of interest to both intellectual property academics and cultural heritage professionals. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Clashes with Copyright Law

Digitising Cultural Heritage

Routledge Research in Human Rights Law

Business and Human Rights in Africa raises interesting questions about the legitimacy and long-term viability of the business and human rights agenda in Africa, and in developing countries more generally. It explores the key issues for business and human rights in Africa and asks how and to what extent are the UN Guiding Principles changing the law and policy in Africa or the behavior of businesses operating in the continent? The book examines both the international and regional legal and policy initiatives on business and human rights in Africa and how these initiatives are being implemented in selected countries.

One of the most significant debates in international human rights law and in international law generally in the 21st century is about the responsibility of businesses for human rights in their areas of influence. The last decade witnessed significant, arguably monumental, development in global norms pertaining to the human rights obligation of businesses. Of particular significance is the emergence of a distinct business and human rights agenda driven by two normative instruments: the 2008 Protect, Respect and Remedy: a Framework for Business and Human Rights and the 2011 UN Guiding Principles on Business and Human Rights.Business and Human Rights in Africa raises interesting questions about the legitimacy and long-term viability of the business and human rights agenda in Africa, and in developing countries more generally. It explores the key issues for business and human rights in Africa and asks how and to what extent are the UN Guiding Principles changing the law and policy in Africa or the behavior of businesses operating in the continent? The book examines both the international and regional legal and policy initiatives on business and human rights in Africa and how these initiatives are being implemented in selected countries. Focusing in part on the extractive industry it consider the industry standards and best practices as well as the challenges the industry still faces in order to avoid human rights abuses. The book examines and evaluates emerging practices designed to minimize, manage, or mitigate corporate impact on human rights in Africa. It looks at the role of national and regional courts in Africa in ensuring accountability of businesses in Africa as well as considering the possible role for alternative dispute resolution mechanisms in realizing accountability.

History, Politics, Context, and Emerging Trends

Business And Human Rights in Africa

Farmed Animals and the Law: Legal Pathways Beyond Intensive Farming is a concise and practical guide to the laws regulating farmed animals in the UK, placing them within the wider context of food system governance and climate commitments. Farmed animal law is often equated with welfare legislation, but in reality it spans a wide range of domains: subsidies and competition, investment and finance, markets and trade, food safety and standards, sanitary and phytosanitary rules, labelling and consumer protection, as well as planning and environmental law. Together, these frameworks shape the UK food system and influence how the country meets its international obligations, including under the Paris Agreement. With around 85% of farmed animals in the UK reared in intensive systems, the handbook focuses in particular on the regulation and future of intensive farming. Despite their importance, these legal regimes remain fragmented and underexplored. Lawyers working in specialist fields often lack a broader point of reference, while NGOs and campaigners may not have the expertise to navigate technical frameworks. This book addresses that gap by providing a clear, accessible overview that combines legal accuracy with usability. Each chapter is designed for quick reference: setting out the relevant statutes, regulations, and case law, explaining their operation, and identifying the practical implications for enforcement and accountability. The book moves from the immediate level of farm welfare and planning permission through to international trade and climate regimes, tracing the links between animal agriculture, markets, and sustainability. The result is a unique resource - authoritative yet approachable, academically grounded yet practice-focused - for lawyers, students, NGOs, and others concerned with the future of farming, food, and climate. This title is included in Bloomsbury Professional's Property and Land Law online service.

Legal Pathways Beyond Intensive Farming

Farmed Animals and the Law

This book traces the legal creation of National Parks in England and Wales, considering how statute and case law shaped the different provisions within the National Park and Access to the Countryside Act 1949. National parks are often associated with hiking, holidaying, and nature but they are rarely perceived as legal spaces. Yet national parks in England and Wales only exist through the legal processes contained within the National Parks and Access to the Countryside Act 1949, a piece of legislation which is internationally unique in how it defines what a national park is. In celebrating the 75th Anniversary of the National Parks and Access to the Countryside Act 1949, the book examines the legally unique nature of national parks in England and Wales, exploring why these spaces were created in a legally distinct way. In doing so, the book takes the reader on a journey through the ever-evolving landscapes of planning law, administrative law, and property law in the 19th and 20th centuries, providing a new perspective on the enactment of national parks legislation. In presenting the National Parks and Access to the Countryside Act 1949 as part of a wider system of legal change, the book encourages the reader to think differently about national parks, emphasising the inherently legal nature of these spaces. This book is the perfect companion for any reader seeking to understand how national parks in England and Wales legally came to be.

Defining a Landscape

The Legal Creation of National Parks in England and Wales

Do animals have legal rights? This pioneering book tells readers everything they need to know about animal rights law. Using straightforward examples from over 30 legal systems from both the civil and common law traditions, and based on a popular course taught by the authors at the University of Cambridge, the book takes the reader from the earliest anti-cruelty laws to modern animal welfare laws, to recent attempts to grant basic rights and legal personhood to animals. To help readers understand this legal evolution, it explains the ethics, legal theory, and social issues behind animal rights and connected topics such as property, standing, dignity, and human rights. The new edition, fully updated throughout, contains a new chapter on rights of nature and its relation to animal rights. The book's companion website (bloomsbury.pub/animal-rights-law) provides access to briefs on the latest developments in this fast-changing area, and gives readers the tools to investigate their own legal systems with a list of key references to the latest cases, legislation, and jurisdiction-specific bibliographic references. Rich in exercises and study aids, this easy-to-use introduction is a prime resource for law students and for anyone else who wants to understand how animals can be protected by the law.

Animal Rights Law

AI and Constitutional Law in Europe

Democracy in the Age of Disinformation

Biodiversity Net Gain (BNG) is a conservation approach designed to ensure that any development or land-use change results in a measurable increase in biodiversity compared to the baseline conditions prior to the project. This concept transcends the traditional mitigation of environmental impacts, emphasising the enhancement and restoration of ecosystems and biodiversity. Biodiversity Net Gain Law and Practice provides a comprehensive understanding of the legal frameworks and policies that govern the protection and enhancement of biodiversity. This book explores the intersection of environmental, planning, and development laws and highlight how these regulations work together to ensure sustainable development and conservation efforts. It looks at key legislation such as the Planning Act 2008, the Town and Country Planning Act 1990, and the National Planning Policy Framework. Through case studies, legal analysis, and policy discussions, this book illustrates the practical applications and challenges of implementing biodiversity laws, and compares their success in the UK, Europe, India, Australia, Japan and South Africa. This title is included in Bloomsbury Professional's Environmental Law online service.

Biodiversity Net Gain Law and Practice

Fundamental Rights for Non-Humans

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