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Ius Gentium: Comparative Perspectives on Law and Justice

Dimri A: Non-Performing Loans

Non-Performing Loans

A Cross Country Comparison of Regulatory and Policy Responses

Political Representation and Constitutional Adjudication

This book explores the intersection of consumer contracts and private international law, with a specific focus on tourists in China. The primary aim is to analyze how private international law addresses consumer protection issues, particularly for tourists, and to come up with legislative proposals to improve consumer protection in China. By examining current legislative provisions, case studies, and judicial practices, the book provides a comprehensive understanding of consumer protection in Chinese private international law and potential legal reforms to enhance consumers’ access to justice in cross-border litigation.The increasing globalization and mobility of consumers, especially tourists, call for robust legal frameworks to protect their rights across borders. While China does endeavor to protect consumers, the current regulations in Chinese private international law remain insufficient. Consumers, including tourist consumers, still encounter major obstacles in international civil litigation. This book highlights the strengths and weaknesses of China’s legal system, offering insights for potential legal reforms to enhance consumer protection there.This book is intended for academics, legal practitioners, policymakers, and students with an interest in private international law, consumer protection, and comparative law. It also offers a valuable resource for international organizations involved in consumer rights and tourism. By providing a focused analysis of tourist-related consumer contracts in China, it fills a critical gap in the existing literature.

Tourists, Consumer Contracts and Private International Law in China

This book explores the connections between economic development and the protection of human rights. Drawing on experiences from Sub-Saharan African countries, the book demonstrates how various economic activities impact the protection of human rights in Sub-Saharan Africa. The book explores the core concepts and principles, theory and practice, accountability mechanisms, and key challenges to the protection of human rights in Sub-Saharan Africa in the era of global economic development. It also shows the ways in which human rights law and development can be used to obtain relief for the victims of environmental degradation or adverse effects of climate change in Africa. In addition, it places emphasis on development and economic policies to highlight the pros and cons of using human rights-based approaches and its significance in the context of economic development and human rights in Africa.The book is divided into three parts: Part I focuses on the conceptual and theoretical foundations of human rights and economic developments in Africa and covers essential concepts, historical perspectives, the African human rights framework, human rights litigation, and comparative approaches. Part II addresses the intersection of economic development and human rights in Sub-Saharan Africa, including human rights and individual liberties in the context of economic empowerment of citizens; human rights and the development of regional economic integration; human rights and economic independence; human rights and the economic empowerment of vulnerable groups; and human rights and cultures. The third and final part focuses on challenges and prospects of human rights and the economy in Sub-Saharan Africa by taking a closer look at human rights and globalization, cultural relativism, science and technology, state sovereignty, and governance structures and systems.The book is intended for researchers, policymakers, university students, and practitioners in international human rights law, environmental law, natural resources law and development.

Economic Development and Human Rights in Contemporary Sub-Saharan Africa

The cases analysed involve litigation concerning a disparate range of contemporary US culture wars &nbsp;including equity in access to public services unrestricted by religious bias, &nbsp;resistance to the teaching of historical facts relating to racial tensions in America including the so-called ‘critical race theory’ debate, the right of schoolchildren to exposure concerning a diversity of views, current USSC litigation about US university admissions policy that considers ‘race’ (ethnicity) as one factor amongst many in admission, &nbsp;contemporary cases concerning the constitutionality of US abortion law grounded on Roe v Wade and the scope of State and indigenous sovereign powers &nbsp;These contemporary culture war US landmark cases are then compared to similar cases in non-US jurisdictions and courts to consider in more depth the underlying core issues in these cases.The book highlights the risk to a democracy of recasting fundamental human rights litigation as essentially nothing more than the sorting out of political quagmires and cultural conflicts best left to the discretion of government rather than the courts. Then, the major risk is that constitutional controversies will increasingly not be decided by an independent judiciary but rather by self-interested politicians as the courts more often than not decline to weigh in on highly sensitive human rights controversies. A further risk is that instead such cases will be decided through a judicial majoritarian political lens rather than a largely apolitical consensus judicial opinion constructed by both philosophically left leaning (so-called liberal) and right leaning (so-called conservative) jurists.

Contemporary U.S. Culture Wars on Trial

Litigating the Politics of Human Rights

Non-recognized States are a widespread and politically sensitive de facto phenomenon in international politics, raising numerous questions from both a public international law and private law perspective. The present book deals with rarely analysed questions on how States deal with legal issues of private law arising with regard to non-recognized States and what issues of international trade and investment law arise in such cases. The book takes the non-recognized States that emerged in the post-Soviet area after 1990/1991 as examples, but also makes references to other non-recognized States. The book is written from a comparative perspective, giving room to authors from various States and non-recognized States (state-like entities) alike.Recent developments have led to the disappearance of three non-recognized States in the region. In this regard, the book may also be interesting as a source of information that has already disappeared or will probably soon disappear from the Internet. Further, the book is highly relevant for the remaining non-recognized States in the region, while also offering a source of inspiration for private law (including civil procedure) and investment law aspects concerning non-recognized States in general.

Non-Recognized States in the Post-Soviet Region under International Trade Law, Private International Law and International Civil Procedure

This book focuses on devising a comprehensive protective mechanism for the right to privacy in Pakistan. It argues that the existing legal regime lacks an effective remedy for victims of privacy violations and emphasizes the need for comprehensive legislation to safeguard this crucial right. Pursuing a multidisciplinary approach, the book thoroughly explores the issue of media intrusions into people’s privacy through thematic media content analysis and highlights the significant impacts of these intrusions on victims’ lives. In the process, the book addresses various conceptual aspects, their relevance, and their implications for privacy-related disputes during adjudication. Recognizing that theoretical underpinnings alone may not be sufficient to create a legal regime “from scratch,” it explores the enforcement of the right to privacy under the European Convention on Human Rights (ECHR), as interpreted and enforced by the European Court of Human Rights (ECtHR). The book subsequently goes beyond exploring international law by analyzing the impact of media-and-privacy cases on privacy protection in two major member states: Germany (a civil law jurisdiction) and the United Kingdom (a common law jurisdiction). Drawing upon these conceptual and comparative legal deliberations and findings, the book provides concrete guidelines for a new privacy law in Pakistan.

Pakistani and European Experiences

Comparative Perspectives on the Right to Privacy

This book investigates the relationship between the European Court of Human Rights (ECtHR) and national constitutional courts by providing a more general assessment as seen from the former’s perspective. Adopting an empirical approach, the book reviews all the case law of the ECtHR in which constitutional courts are cited. This represents more than 3,000 rulings spanning more than fifty years, from the establishment of the Strasbourg Court in 1959 – when only three constitutional courts were active – to 1 January 2023, when there were more than thirty active constitutional courts in the Council of Europe’s Member States.This wide-ranging empirical study pursue several different goals. First, the book provides a quantitative assessment of the relevance of constitutional courts in ECtHR case law and presents weighted data on the frequency and chronological evolution of the citations, as well as individual statistics for each national constitutional court. Second, it assesses the extent of the rationalisation of constitutional justice systems conducted by the Strasbourg Court and defines the standards and elements of the right to a fair constitutional trial under Article 6 ECHR. Finally, combining this extensive dataset with qualitative analysis, the book evaluates how the Strasbourg Court interacts with each constitutional jurisdiction and provides a qualitative assessment of this relationship from the standpoint of Strasbourg case law.

A Study on the ECtHR Case Law

The European Court of Human Rights and Constitutional Courts

This book analyzes the role of strategic human rights litigation in the dissemination and migration of transnational constitutional norms and provides a detailed analysis of how transnational human rights advocates and their local partners have used international and foreign law to promote abolition of the death penalty and decriminalization of homosexuality.The “sharing” of human rights jurisprudence among judges across legal systems is currently spreading emerging norms among domestic courts and contributing to the evolution of international law. While prior studies have focused on international and foreign citations in judicial decisions, this global migration of constitutional norms is driven not by judges but by legal advocates themselves, who cite and apply international and foreign law in their pleadings in pursuit of a specific human rights agenda. Local and transnational legal advocates form partnerships and networks that transmit legal strategy and comparative doctrine, taking advantage of similarities in postcolonial legal and constitutional frameworks.Using examples such as the abolition of the death penalty and decriminalization of same-sex relations, this book traces the transnational networks of human rights lawyers and advocacy groups who engage in constitutional litigation before domestic and supranational tribunals in order to embed international human rights norms in local contexts. In turn, domestic human rights litigation influences the evolution of international law to reflect state practice in a mutually reinforcing process. Accordingly, international and foreign legal citations offer transnational human rights advocates powerful tools for legal reform.

Analyzes the role of strategic human rights litigation in the dissemination and migration of transnational constitutional norms&nbsp;Provides a detailed analysis of how transnational human rights advocates have used international and foreign law to promote abolition of the death penalty, restriction of life imprisonment, and decriminalization of homosexuality&nbsp;Confirms the mutually reinforcing relationship between domestic and international law, including the role of legal advocates as the instrumental drivers of this process

Challenging the Death Penalty and Criminalization of Homosexuality in the Commonwealth

Transnational Human Rights Litigation

This book focuses on the changing role of judges in courts, tribunals, and other forums across a variety of jurisdictions. With contributions by international experts in judicial administration and senior judicial figures, it provides a unique comparative perspective on the role of modern judges in a rapidly evolving environment and the pressures of effective judicial administration. The chapters are sourced from a Collaborative Research Network focused on innovations in judging, and sponsored by the international Law and Society Association.<div> </div><div>The book provides essential insights and perspectives for judges, judicial officers, and administrators, allowing them to respond to the challenges of the twenty-first century. It is also a valuable resource for legal practitioners and judicial experts, shedding light on the role of the modern judge and the strategies they employ.</div>

This book focuses on the changing role of judges in courts, tribunals, and other forums across a variety of jurisdictions. With contributions by international experts in judicial administration and senior judicial figures, it provides a unique comparative perspective on the role of modern judges in a rapidly evolving environment and the pressures of effective judicial administration. The chapters are sourced from a Collaborative Research Network focused on innovations in judging, and sponsored by the international Law and Society Association. The book provides essential insights and perspectives for judges, judicial officers, and administrators, allowing them to respond to the challenges of the twenty-first century. It is also a valuable resource for legal practitioners and judicial experts, shedding light on the role of the modern judge and the strategies they employ.

International Perspectives

The Responsive Judge

This book analyzes emergency legislations formed in response to terrorism. In recognition that different countries, with different legal traditions, have different solutions, it adopts a comparative point of view. The countries profiled include America, France, Israel, Poland, Germany and United Kingdom.&nbsp;The goal is not to offer judgment on one response or the other. Rather, the contributors offer a comprehensive and thoughtful examination of the entire concept. In the process, they draw attention to the inadaptability of traditional legal and philosophical categories in a new and changing political world.&nbsp;The contributors first criticize the idea of these legislations. They then go on to develop different models to respond to these crises. They build a general analytical framework by answering such questions as: What is an emergency legislation? What kinds of emergencies justify laws of this nature? Why is contemporary terrorism such a specific emergency justifying new laws?&nbsp;Using legal and philosophical reflections, this study looks at how we are changing society. Coverage also provides historical experiences of emergency legislations to further illustrate this point. In the end, readers will gain insight into the long-term consequences of these legislations and how they modify the very work of the rule of law.&nbsp;

Offers a groundbreaking analysis of emergency legislations&nbsp;Features the work of leading scholars on emergency legislations&nbsp;Provides a comprehensive and comparative approach &nbsp;&nbsp;

Terrorism, Emergency Legislation and the Rule of Law

The Rule of Crisis

This revised second edition takes account of developments in the field of dispute resolution, including mediation and arbitration. The book presents a concise account of the English system of civil litigation, covering court proceedings in England and Wales. It is an original and important study of a system which is the historical root of the US litigation system. The volume offers a comprehensive and properly balanced account of the entire range of dispute resolution techniques. As the first (revised) book on this subject to be published in the USA, it enables American lawyers to gain an overview of the main institutions of English Civil Procedure, including mediation and arbitration. It will render the English system of civil justice accessible to law students in the US, practitioners of law, professors, judges, and policy-makers.

This revised second edition takes account of developments in the field of dispute resolution, including mediation and arbitration. The book presents a concise account of the English system of civil litigation, covering court proceedings in England and Wales. It is an original and important study of a system which is the historical root of the US litigation system. The volume offers a comprehensive and properly balanced account of the entire range of dispute resolution techniques. As the first (revised) book on this subject to be published in the USA, it enables American lawyers to gain an overview of the main institutions of English Civil Procedure, including mediation and arbitration. It will render the English system of civil justice accessible to law students in the US, practitioners of law, professors, judges, and policy-makers.

Court Proceedings, Arbitration, and Mediation in England

The Three Paths of Justice

The contributions to this volume were written by historians, legal historians and art historians, each using his or her own methods and sources, but all concentrating on topics from the broad subject of historical legal iconography. How have the concepts of law and justice been represented in (public) art from the Late Middle Ages onwards? Justices and rulers had their courtrooms, but also churches, decorated with inspiring images. At first, the religious influence was enormous, but starting with the Early Modern Era, new symbols and allegories began appearing. Throughout history, art has been used to legitimise the act of judging, but artists have also satirised the law and the lawyers; architects and artisans have engaged in juridical and judicial projects and, in some criminal cases, convicts have even been sentenced to produce works of art. The book illustrates and contextualises the various interactions between law and justice on the one hand, and their artistic representations in paintings, statues, drawings, tapestries, prints and books on the other.

The contributions to this volume were written by historians, legal historians and art historians, each using his or her own methods and sources, but all concentrating on topics from the broad subject of historical legal iconography. How have the concepts of law and justice been represented in (public) art from the Late Middle Ages onwards? Justices and rulers had their courtrooms, but also churches, decorated with inspiring images. At first, the religious influence was enormous, but starting with the Early Modern Era, new symbols and allegories began appearing. Throughout history, art has been used to legitimise the act of judging, but artists have also satirised the law and the lawyers; architects and artisans have engaged in juridical and judicial projects and, in some criminal cases, convicts have even been sentenced to produce works of art. The book illustrates and contextualises the various interactions between law and justice on the one hand, and their artistic representations inpaintings, statues, drawings, tapestries, prints and books on the other.

Artistic Representations and Iconography of Law and Justice in Context, from the Middle Ages to the First World War

The Art of Law

The Radical Imagination

Since its initial 2011 publication, Theory from the South has stimulated a new field of inquiry from leading scholars, while world developments have escalated and supported its original thesis of how "Euroamerica has evolved toward Africa." Not least of these is the many resemblances of the Trump presidency to that of Jacob Zuma, transformations in the nature of many of the world's Northern democracies, the rise of populist politics, the intensifying hold of private capital over functions of the state, sharpening inequalities, and the transformation of labor. In a new chapter for this expanded edition, the Comaroffs extend their theorizing around and beyond these new developments. Critique and discussion by several prominent commentators round out this new edition: Achille Mbembe, James Ferguson, Ato Quayson, Srinivas Aravamudan, and Juan Obarrio.

Since its initial 2011 publication, Theory from the South has stimulated a new field of inquiry from leading scholars, while world developments have escalated and supported its original thesis of how "Euroamerica has evolved toward Africa." Not least of these is the many resemblances of the Trump presidency to that of Jacob Zuma, transformations in the nature of many of the world’s Northern democracies, the rise of populist politics, the intensifying hold of private capital over functions of the state, sharpening inequalities, and the transformation of labor. In a new chapter for this expanded edition, the Comaroffs extend their theorizing around and beyond these new developments. Critique and discussion by several prominent commentators round out this new edition: Achille Mbembe, James Ferguson, Ato Quayson, Srinivas Aravamudan, and Juan Obarrio.

Theory from the South, Revisited

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

Earthscan Tools for Community Planning

Based on extensive personal experience as a community planning consultant, author Nick Wates sets out common principles and good practice for creating local civic organisations for regeneration and community-based development in Localism in Action.

Based on extensive personal experience as a community planning consultant, author Nick Wates sets out common principles and good practice for creating local civic organisations for regeneration and community-based development in Localism in Action.

Making community based regeneration work

Localism in Action

Routledge Studies in Accounting

Offers an exploration of the evolution, research paradigms, epirical insights, and trends within voluntary business reporting. Provides a thorough overview of voluntary business reporting, its adoption trends in the business world, and its increasing relevance for disclosing non-financial information alongside financial information.

From Evolution to Revolution

Voluntary Business Reporting

A Human History

The Search for Water

The birth of new nations, independent democracies, the defeat of settler colonialism, the unprecedented growth of cities from Lagos to Cairo; the African continent is booming. So why do myths about underdevelopment, unproductive land and unfounded concerns about overpopulation remain?In a groundbreaking new study of Africa's developmental history, economist Joe Studwell debunks long-held views about the continent's presumed resistance to growth, charting monumental changes in government, demography and asset management. Considering everything from settler colonialism to soil conditions, mineral extractivism to disease development and eradication, and across case studies from Rwanda to Botswana, Studwell persuasively argues that the seizing back of land, people and states across Africa, has also been the seizure of mass economic development. From slavery to independence and beyond, this is the definitive account of the world's second largest continent - and an optimistic look to its future.

Success and Failure on the World's Last Developmental Frontier

How Africa Works

Criminal Practice Series

Containing comprehensive coverage of recent changes, the book deals extensively with the Fraud Act 2006, going on to explain the particular types of fraud activity that are charged, from the everyday bread and butter work that most lawyers experience on a daily basis through to the more specialist areas such as Ponzi Fraud, Boiler room fraud, insider dealing and carbon credit fraud.

This new edition is fully revised with key developments including: 

- The meaning of 'dishonesty' as clarified by the Supreme Court in respect of civil proceedings in Genting Casinos v Ivey [2017] UKSC 67 and subsequently in respect of criminal proceedings in Barton &amp; Booth [2020] EWCA Crim 575
- The dangers of instructing experts without sufficient expertise
- Dismissal of applications following SFO v Barclays Plc [2018] EWHC 3055
- Attorney General's Guidelines on Disclosure 2022
- CPIA Code of Practice 2020
- Digital material and reasonable lines of enquiry
 
This title is included in Bloomsbury Professional's Banking and Finance online service.

Containing comprehensive coverage of recent changes, the book deals extensively with the Fraud Act 2006, going on to explain the particular types of fraud activity that are charged, from the everyday bread and butter work that most lawyers experience on a daily basis through to the more specialist areas such as Ponzi Fraud, Boiler room fraud, insider dealing and carbon credit fraud.

This new edition is fully revised with key developments including: 

- The meaning of ‘dishonesty’ as clarified by the Supreme Court in respect of civil proceedings in Genting Casinos v Ivey [2017] UKSC 67 and subsequently in respect of criminal proceedings in Barton &amp; Booth [2020] EWCA Crim 575
- The dangers of instructing experts without sufficient expertise
- Dismissal of applications following SFO v Barclays Plc [2018] EWHC 3055
- Attorney General’s Guidelines on Disclosure 2022
- CPIA Code of Practice 2020
- Digital material and reasonable lines of enquiry
 
This title is included in Bloomsbury Professional's Banking and Finance online service.

Fraud: A Practitioner's Handbook

The Routledge Human Development and Capability Debates

Ideas which engage with the lived experiences of indigenous communities are crucial if we are to understand indigenous peoples' struggle for rights and recognition. Indigenous Peoples and the Capability Approach introduces readers to the human development and capability approach and shows how it might be used to help us to understand the values, needs, and aspirations of indigenous peoples. Indigenous Peoples and the Capability Approach is the first book to bring indigenous perspectives into conversation with the capability approach and will be essential reading for both students and policy makers with an interest in the well-being and development of indigenous communities.

Despite some achievements gained during the indigenous struggle for rights and recognition, many indigenous groups continue to fight against unjust social, political, environmental, and historical conditions. Ideas which engage with the lived experiences of communities themselves, such as the human development and capability approach, are crucial if we are to understand the conditions in which the struggle for self-determination take place.Indigenous Peoples and the Capability Approach introduces readers to the human development and capability approach and explores how it might be used to help us to understand the values, needs, and aspirations of indigenous peoples. Split into three handy sections, the book explores the key concepts, methods and applications of the capability approach and indigenous perspectives to well-being and development. Using a range of examples and case studies from Maori, First Nations, Native American, Aboriginal, African, and Asian indigenous communities, the book provides a window into the lived experiences of some of the most marginalised and vulnerable groups in the world. The first book to bring indigenous perspectives into conversation with the capability approach, Indigenous Peoples and the Capability Approach will be essential reading for both students and policy makers with an interest in the well-being and development of indigenous communities.

Indigenous Peoples and the Capability Approach

Non-Performing Loans

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