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Maritime law, admiralty law, is a specialized legal system, governing activities on navigable waters: high seas, oceans, and navigable rivers and lakes.

Winslow T: Maritime Law

Maritime Law

This advanced textbook offers an overview and critical treatment of comparative law, incorporating both traditional and modern approaches to the discipline and an up-to-date survey of the key methodological debates. The fundamental concepts of comparative law are examined through the lens of three main questions: what to compare, why compare, and how to compare.The study of the objects of comparative analysis (what to compare) begins with a critique of legal positivism to address a plurality of legal concepts. The investigation of the aims of comparative law (why compare) considers the most widespread classifications of legal orders and the diverse approaches to the study of legal change. Finally, the methods of comparative law (how to compare) are analysed, taking into account their different functions. Adopting a contextualised, interdisciplinary approach to the subject with a focus on a range of different legal systems, the author brings in examples from politics and economics to the analysis, highlighting the importance of comparative law for the understanding of modern societies.Comparative Law: A Critical Introduction will provide a thought-provoking read for advanced-level students and scholars of comparative law.

A Critical Introduction

Comparative Law

Routledge Research in Energy Law and Regulation

This book examines the future of petroleum exploration and production in the Middle East and Africa within the context of the global transition to alternative energy sources.The Middle Eastern and African countries possess abundant petroleum resources, serving as a significant source of foreign exchange and domestic energy supply. However, the growing global call for net zero emissions, aimed at reducing greenhouse gas emissions and addressing climate change, presents major challenges for countries in these regions. Due to their heavy reliance on oil and gas, Middle Eastern and African countries find themselves at a critical juncture, with the likelihood of serious negative economic and social impacts. This necessitates the implementation of domestic legal measures and the adoption of a stance in international discussions on net zero emissions. This book analyses the legal issues and implications of the energy transition for petroleum exploration and production in the Middle East and Africa, as well as the need for domestic laws to be revisited and prepared for managing the challenges that may arise from decarbonisation.The book will be of interest to researchers and practitioners in the field of energy law, climate law and energy geopolitics.

The Future of Petroleum in the Middle East and Africa

Petroleum, Energy Transition and Law

Cambridge Studies on Civil Rights and Civil Liberties

This book reveals how Congress quietly shaped American elections across more than a century of constitutional development. Far from a passive observer, Congress used its authority to influence key controversies - from the expansion of slavery in new territories to the reconstruction of the post-Civil War electorate. Congress exercised power under the Elections Clause, the Guarantee Clause, and later, the Fourteenth and Fifteenth Amendments, to combat voter suppression, reimagine representation, and determine who could (and could not) participate in American democracy. Even as Jim Crow laws disenfranchised millions, Congress continued to review and sometimes overturn the elections of its own members, refusing to cede complete control to the states. In doing so, Congress routinely subordinated federalism to politics. In Congress We Trust? provides a new perspective on who truly governs our system of elections by showing that federal authority has been broad, lasting, and decisive.

Enforcing Voting Rights from the Founding to the Jim Crow Era

In Congress We Trust?

Routledge Contemporary Issues in Criminal Justice and Procedure

This collection presents a comparative assessment of issues impacting disclosure of criminal evidence in a range of international jurisdictions. The book introduces the major features driving disclosure practice in a mixture of common and civil law countries from across the world, including the global north and south and drawn from an extensive range of collaborators. This wide breadth of perspectives provides a comprehensive overview of how disclosure functions. Each chapter is underpinned by three core pillars, which are addressed throughout each chapter. The first explains Disclosure Law and its core principles in the given jurisdiction. The second provides an analysis of the key issues and challenges faced within this jurisdiction. The final pillar focuses on potential reform and the identification of best practice. The book will be a valuable resource for academics, researchers and policy-makers working in the areas of criminal procedure and justice.

Global Perspectives on the Law of Disclosure

As transport speed increases and global trade intensifies, contracts for the carriage of goods and attendant relationships are becoming more complex. This publication looks at the theoretical background of the bill of lading as well as its application in practice.

As transport speed increases and global trade intensifies, contracts for the carriage of goods and attendant relationships are becoming more complex. This publication looks at the theoretical background of the bill of lading as well as its application in practice.

Third Parties' Rights and Liabilities under Bills of Lading

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 Research in International Economic Law

Implementing the African Continental Free Trade Area

Regional Trade Agreements in Africa

Routledge Research in Finance and Banking Law

This book tackles the challenge of holdout creditor disruption of sovereign debt restructuring, where creditors reject collective agreements to pursue full loan recovery in domestic courts.Critically examining the contemporary statutory and contractual approaches to sovereign debt restructuring, the book presents their usefulness and limitations, including the potential major impact of the doctrine of merger in rem judicatam. It proposes the duty of good faith (which is generally implied under U.S law, implied in certain categories of contract under English law, and widely recognized globally) applied in the context of sovereign debt as a relational contract, as a robust legal approach to combating such disruptions in domestic courts. Through rigorous analysis of case law and treatises, the book argues that sovereign debt contracts are relational contracts, invoking heightened good faith and equity obligations. With in-depth analysis of the contents and judicial applications of the duty of good faith in English and New York jurisprudence, it demonstrates how holdout actions violate good faith, and proffers a judicial approach, based on the duty of good faith, to sovereign debt restructuring as a viable alternative to current statutory and contractual approaches.This book will be of interest to practitioners, researchers, and policy makers in contract law, finance law, relational contract theory, good faith, and sovereign debt.

A Good Faith and Relational Contract Approach

Sovereign Debt Restructuring and Contract 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

This book analyses the right to water and sanitation at both the international level and national levels. At a national level the book examines the law in India relating to both recognition and realisation of the rights. The book considers the complex legal framework in place at the union and state level for the realisation of the rights.

This book analyses the right to water and sanitation at both the international level and national levels. At a national level the book examines the law in India relating to both recognition and realisation of the rights. The book considers the complex legal framework in place at the union and state level for the realisation of the rights.

The Case of India

Realizing the Right to Water and Sanitation at the International and National Levels

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

Cornerstone on...

Inquests and inquiries form a distinct area of law in which the aim of the tribunal is to discover what happened, rather than who is right, wrong, or at fault. Cornerstone on Inquests and Inquiries provides an accessible, go-to guide to this area of practice, useful for both practitioners and parties involved. It looks at the field as a whole, acknowledging the commonalities between inquests and public inquiries, and providing a practical approach to each. The book also covers the field of parliamentary inquiries.

Cornerstone on Inquests and Inquiries

Maritime Law

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