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Zambelli M: International Banking Law
and Regulation

International Banking Law and Regulation

Indigenous Peoples and the Law

Human Rights, the Rule of Law and Exploitation in the Postcolony: Blood Minerals examines how the legal frameworks of the global economy position the inhabitants of the postcolonial south in a legal and moral position that facilitates economic exploitation, juridical regulation, and dominion over land and resources. Drawing on several exemplary situations - from Africa (the DRC and Nigeria), Asia (India), the Pacific region (Papua New Guinea and Australia) and South America (Ecuador) - Blood Minerals describes how colonial rule operates in a violent and destructive cycle of mineral extraction. It shows how the populations of the postcolonial global south are stripped of juridical personality and become persona nullius, as the legal-economic frameworks of globalization enact colonial rule by declaring the lands that are to be exploited as void of law.

Human Rights, the Rule of Law and Exploitation in the Postcolony: Blood Minerals examines how the legal frameworks of the global economy position the inhabitants of the postcolonial south in a legal and moral position that facilitates economic exploitation, juridical regulation, and dominion over land and resources. The colonial moment witnessed the expropriation of lands through their declaration as terra nullius and the designation of the people inhabiting them as persona nullius. Drawing on several exemplary situations – from Africa (the DRC and Nigeria), Asia (India), the Pacific region (Papua New Guinea and Australia) and South America (Ecuador) – Blood Minerals describes how colonial rule operates in a violent and destructive cycle of mineral extraction. It shows how the populations of the postcolonial global south are stripped of juridical personality and become persona nullius, as the legal-economic frameworks of globalization enact colonial rule by declaring the lands that are to be exploited as void of law. It is the revival of this colonial trope in the so-called postcolony, the book argues, that legitimates the violent dispossession, displacement, and even the obliteration, of its inhabitants.

Blood Minerals

Human Rights, the Rule of Law and Exploitation in the Postcolony

Discourses of Law

Identifying crucial deficiencies in the legal theories of Hart and Dworkin, The Rule of Reason in European Constitutionalism and Citizenship draws on the work of Habermas and Alexy in order to elaborate a new juridical conception of citizenship.

Identifying crucial deficiencies in the legal theories of Hart and Dworkin, The Rule of Reason in European Constitutionalism and Citizenship draws on the work of Habermas and Alexy in order to elaborate a new juridical conception of citizenship.

The Rule of Reason in European Constitutionalism and Citizenship

Routledge Studies in Energy Policy

Based on extensive fieldwork in Europe and North America, this book offers a comprehensive and systematic comparative analysis of the politics of shale gas development and regulation in these two regions and will be of great interest to students and scholars of energy and environmental politics and policy.

Based on extensive fieldwork in Europe and North America, this book offers a comprehensive and systematic comparative analysis of the politics of shale gas development and regulation in these two regions and will be of great interest to students and scholars of energy and environmental politics and policy.

The Politics of Shale Gas

The Economics of Legal Relationships

The author of more than 50 books and 150 articles, Richard Posner is one of the most cited legal scholars of the 20th century. His sometimes controversial views are incredibly complex, but are unified by the use of economics to analyze law and legal phenomena. This book offers an innovative and highly original guide to Posner's economic analysis of law.

The author of more than 50 books and 150 articles, Richard Posner is one of the most cited legal scholars of the 20th century. His sometimes controversial views are incredibly complex, but are unified by the use of economics to analyze law and legal phenomena. This book offers an innovative and highly original guide to Posner's economic analysis of law.

A Guide to Posner's Economic Analysis of Law

Modern Studies in European Law

This book provides a thorough overview and critical analysis of the European Court of Justice’s case law on national remedies and procedures for the enforcement of EU law. It examines how and why such rules have been Europeanised through the application of the principle of effective judicial protection, which is the main rationale for the limitation put on national procedural autonomy. The book contains detailed analysis of how the requirement of effective protection has been understood in relation to a range of national remedies (right to damages, interim relief, judicial review and repayment of charges) and procedural rules (standing, evidence, legal aid, division of costs, time-limits, ex officio raising of issues and res judicata). The second half of the book looks at how the Swedish judiciary has responded to the European case law on effective judicial protection. Here what emerges is that national legal and judicial culture is of vital importance when it comes to national courts fulfilling their European mandate and rendering EU law effective. The author then asks whether, in light of this, the principle of effective judicial protection is a functional and effective tool to achieve the Europeanisation of remedies and procedures.

The Europeanisation of Remedies and Procedures through Judge-Made Law

This book brings to light a neglected program of cosmopolitan normativity in international law - innate cosmopolitanism. Whilst liberal cosmopolitanism is organized around the abstract individual, and constitutional cosmopolitanism is organized around the achievement of a formal arrangement, innate cosmopolitanism, is organized around a naturally-occurring collective whole: comprising all of humanity at any point in time, and understood as a historical phenomenon capable of exhibiting a will, interests or ends of its own. As such, innate cosmopolitanism is, he argues, is the leitmotif of international law. The book thus brings to light an ill-appreciated stream of cosmopolitan normativity in international law, and subject it to critique.

This book brings to light a neglected program of cosmopolitan normativity in international law – innate cosmopolitanism – that holds special significance in this time of competing efforts to define and direct an expanding global public order. Beginning from an intentionally broad use of the term cosmopolitan, derived from etymological roots in the cosmo-polis, Geoff Gordon draws out the main streams of thought associated with cosmopolitanism over time in discourses of international law and politics. The two best-recognized are liberal cosmopolitanism and constitutional cosmopolitanism. And, In addition to these, he introduces a third: innate cosmopolitanism. Whilst liberal cosmopolitanism is organized around the abstract individual, and constitutional cosmopolitanism is organized around the achievement of a formal arrangement, innate cosmopolitanism, is organized around a naturally-occurring collective whole: comprising all of humanity at any point in time, and understood as a historical phenomenon capable of exhibiting a will, interests or ends of its own. As such, innate cosmopolitanism is more central to the historical narrative of international law than either liberal or constitutional cosmopolitanism. It is, he argues, is the leitmotif of international law. Clarifying, consolidating – and critiquing – cosmopolitan thought, the book thus brings to light an ill-appreciated stream of cosmopolitan normativity in international law, and subject it to critique. It will be of huge interest to specialists and students of international law and politics, and especially those concerned with ideas and theories of global order or international society.

The immanent collective in international law

Innate Cosmopolitanism

Landmark Cases

This book presents the landmark cases in company law which have shaped and defined the field and is written by leading experts in the field.

Part of the market-leading Landmark Cases series, this book brings together leading experts in company law to analyse the the landmark cases in company law which have shaped and defined the field. Drawing on a range of diverse methods and a multi-disciplinary orientation, the book explains the past, present, and future of company law as well as its shape, structure, and trajectory. Company law is now understood to be a creature of statute law. The Companies Act of 2006 is a monumental piece of legislative work. Cases, however, played a central role in creating, establishing, and influencing legal ideas that were later enshrined within pieces of legislation. To identify the landmark cases in company law, the book develops an original, democratic, and objective method. It undertakes a citation analysis of cases used by 5 leading English company law textbooks. Highly cited cases are widely understood to be central to the company law curriculum. Once these cases have been identified, they are examined by leading scholars in company law. The analysis that follows sheds some much needed light on how, why, and when historic rules came into being. This contextual analysis is missing from the original law reports as well as the legislation that we see in operation today. It follows that these novel accounts of the roots of company law push beyond a simplistic narration of the case and proffer a new explanation for why legal rules took the shape that they did. Other archaeological studies also provide a fresh account of the case. Such an excavation informs the reader about legal advisors or the parties in the suit to explain why the litigation arose in this particular way, manner, or form.

Landmark Cases in Company Law

The lack of a social scientific foundation across the field of negligence means that social life and scientific knowledge are transformed and mutated by a negligence paradigm that is unable to fulfil the social purposes typically attributed to it. Analysing the extent to which the reparation ideal has polluted and confused attempts to find radical alternatives to negligence, this book argues for a critical separation between the issue of harm minimisation and reparation; a separation that, it is argued, provides the basis for a different policy approach to the human experience of injury, error and misfortune.

Beyond the Negligence Paradigm offers a novel engagement with key problems and failings which have long been identified with the operation of the negligence system. Connecting a broad range of critical approaches in private legal theory that laments the disconnection between negligence and the 'real world', the author analyses the various obstacles – including the very nature of law and scientific knowledge – which make inevitable a difficult and incomplete intersection. Illustrating how a stronger appreciation of the nature of science helps to achieve a better appreciation of law, in particular underpinning the importance of exploring non-legal approaches, the author seeks to provide a fresh vantage point from which policy-makers and socio-legal scholars can identify new and more honest strategies for addressing and managing the incidence of error, accidents and injury. Recommending a de-centring of negligence-style thinking, the work argues in favour of a more open-ended inquiry about the mechanics of social life and our ignorance of it.

Developing a Regulatory Ergonomic Approach to Error and Injury

Beyond the Negligence Paradigm

Focusing upon the representations that take place in law, forensic medicine, criminology and culture, Crime Scenes examines the ways in which knowledge about crime, death and the dead body is produced. The formal 'forensic' image, it is argued, is a site of conjecture.

Focusing upon the representations that take place in law, forensic medicine, criminology and culture, Crime Scenes examines the ways in which knowledge about crime, death and the dead body is produced. The formal ‘forensic’ image, it is argued, is a site of conjecture.

Forensics and Aesthetics

Crime Scenes

Studies in Private International Law - Asia

Private International Law in Uzbekistan

The story of the movement to establish the International Criminal Court, its tumultuous first decade, and its continuing struggle to make a difference.

Ten years ago, in the wake of massive crimes in central Africa and the Balkans, the first permanent international criminal court was established in The Hague despite resistance from some of the world's most powerful states. In the past decade, the court has grown from a few staff in an empty building to a bustling institution with more than a thousand lawyers, investigators, and administrators from around the world. Despite its growth and the backing of more than 120 nations, the ICC is still struggling to assert itself in often turbulent political crises.

The ICC is generally autonomous in its ability to select cases and investigate crimes, but it is ultimately dependent on sovereign states, and particularly on the world's leading powers. These states can provide the diplomatic, economic, and military clout the court often needs to get cooperation-and to arrest suspects. But states don't expend precious political capital lightly, and the court has often struggled to get the help it needs. When their interests are most affected, moreover, powerful states usually want the court to keep its distance. Directly and indirectly, they make their preferences known in The Hague. 

Rough Justice grapples with the court's basic dilemma: designed to be apolitical, it requires the support of politicians who pursue national interests and answer to domestic audiences. Through a sharp analysis of the dynamics at work behind the scenes, Bosco assesses the ways in which powerful states have shaped the court's effort to transform the vision of international justice into reality. This will be the definitive account of the Court and its uneven progress toward advancing accountability around the world.

The International Criminal Court in a World of Power Politics

Rough Justice

Law, Development and Globalization

Sovereignty, Human Rights and Global Order addresses the question of whether sovereignty is an instrument of, or an impediment to, cosmopolitan visions of global governance. Sam Adelman offers a sustained examination of the contemporary phenomenon of sovereignty, arguing that it is only in overcoming the sovereign capacity to condone unnatural death that the possibility of an alternative, and human rights based, global order lies.

Addresses the question of whether sovereignty is an instrument of, or an impediment to, cosmopolitan visions of global governance.

Sovereignty, Human Rights and Global Order

International Banking Law and Regulation

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