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Law and Criminology (R0)

Jasper Mührel

Rights of Nature in Liberal Legal Systems and International Law

Beyond Legal Anthropocentrism

&lt;p&gt;Introduction.- Part I – The Human-Nature Relationship.- Western Liberal Societies.- Western Liberal and International Law.- Part II – Nature and Intrinsic Legal Relevance.- Concepts of Intrinsic Legal Relevance and their Openness to Nature.- Specifying Nature as a Rights-Holder.- Part III – The Critique and Potentials of Rights of Nature.- Facing Criticism.- Exploring Potentials.- Part IV – Rights of Nature in Practice.- Rights of Nature in Liberal Legal Systems.- Rights of Nature in International Law.- Conclusion.&lt;/p&gt;


This book explores the intricate terrain of international religious freedom discourse. It examines the evolution and controversies surrounding the formulation and interpretation of the freedom of religion or belief as a universal right within the United Nations. From legal and philosophical standpoints to the political dimensions of the subject, the book navigates through the complex terrain, shedding light on challenges to the universality and non-discriminatory implementation of this fundamental freedom. Beyond theoretical and legal debates, the study reveals how actors within the United Nations have 'defamed ' the freedom of religion or belief, reshaping its interpretation away from its original 1948 objectives. The book explores the dynamic interplay of postmodern views, legal intricacies, and political perspectives, contributing to a potential diminishment of the normative force of related legal provisions. It addresses critical topics including religious tolerance, blasphemy, defamation of religion, and apostasy, offering a comprehensive understanding of the evolving landscape of international human rights discourse. This is an indispensable resource for scholars, policymakers, and anyone seeking a profound insight into the challenges and transformations shaping the global pursuit of religious freedom.

A Historical and Conceptual Analysis of the United Nations

Defaming the Freedom of Religion or Belief

Global Law and Sustainable Development

Given the significant developments in Indian economic and trade policymaking over the last two decades, this book provides an authoritative and timely analysis of the transformation and current state of India's foreign economic policy. The work presents a comprehensive, informed and critical overview of negotiating issues addressed in the recent period leading up to the substantial conclusion of the Trade Facilitation Agreement. The volume also takes into account the geopolitical considerations that influenced the negotiations. Finally, the reform steps being taken by India need to be understood in light of the structural changes in the economy, fuelling domestic compulsion, and the analysis covers this undercurrent in detail. The book will be a valuable guide to academics, researchers and policy-makers working in the areas of international trade law, development economics and global politics.

This book provides an authoritative and timely analysis of the transformation and current state of India’s foreign economic policy. The work presents a comprehensive, informed and critical overview of negotiating issues addressed in the recent period leading up to the substantial conclusion of the Trade Facilitation Agreement.

Deciphering the Law, Economics and Politics

India’s Foreign Economic Policy

The Art Law Library

This open access book offers a unique perspective on the return of cultural objects by considering the aftermath of the handover processes. While calls for the repatriation of heritage have been made since the start of the decolonisation process, it is only in recent years that the debate on returning cultural objects has gained widespread prominence. This has been followed by ongoing efforts from several countries to change the legislation, adopt principles, and invest in provenance research to turn repatriation into a more proactive mechanism. The book tells the story of cultural objects that were housed in European institutions and returned to countries in Africa, Asia, and the Americas. In addition to in-depth analysis of relevant laws and policies, each of the case studies integrates interviews with those who were directly involved in those return processes, as well as those who were impacted by them, including museum staff, government representatives and community members. The book presents previously unheard insights into past return processes, the manifold modalities that such processes have followed, and, at times, unexpected outcomes. By doing so, it offers possible lessons to be learnt for future returns. 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 the Leverhulme Trust.

Exploring the Stories of Cultural Objects After their Return

Beyond Restitution

This book discusses some of the most important issues facing administrative law and related doctrines. Leading public law scholars from across the common law world have contributed chapters to recognise the exceptional scholarship and career of Matthew Groves, Distinguished Professor at Deakin University, Australia. Over the last century, the power of the administrative state has grown immensely and the scope of administrative law as a field of inquiry has grown with it. This collection of essays provides an up-to-date analysis of some of the most important issues in administrative law in the 2020s, including: access to justice issues; the role, purpose and future of ombuds institutions and tribunals; government liability within and beyond judicial review; integrity bodies; 'lawfare'; the role of policies in government decisionmaking; and the tension between military and civilian systems of justice. These topics have been central to the work and career of Matthew Groves. Readers interested in public law - whether practitioners, researchers or students - will discover a wealth of engaging and thought-provoking considerations of the most topical current issues in administrative law by a selection of prominent academics.

Essays in Honour of Matthew Groves

Controlling the Administrative State

Outlines the urgent response needed to address privatization, which has led to dramatic but largely overlooked consequences for human rights.

Governments around the world are privatizing everything, with dramatic but largely ignored negative consequences for human rights. This open access book outlines the response that is urgently needed.

Destroying the Social Contract and Empowering Corporate Actors

Privatizing Human Rights

Studies in International Law

Form, Character and Nature

The United Nations Security Council and the Authorisation of Force

Landmark Cases

From Van Gend en Loos and Costa v ENEL to Cassis de Dijon and Consten and Grundig, Landmark Cases in EU Law explores the most important and well-known EU law cases in two volumes. These volumes show how the European Court of Justice has played a fundamental role in the construction of the European Union in the past 70 years. Many EU 'landmark' cases have been controversial, yet no-one can deny that they have been essential in defining the Union legal order as we find it today. Volume 2 explores the 'substantive' cases that have shaped the Union's internal market, its competition law as well as its internal and external policies. Each of the twenty cases within this volume is placed in its historical and doctrinal context, and each chapter also presents the history of its reception by the Court and academia.

Substantive Cases

Landmark Cases in EU Law, Volume 2

Multilateral environmental agreements have over the last four decades emerged as the preferred avenue to address inter-state environmental issues such as climate change. This book analyses the possibilities as well as the limitations of environmental treaty making between states. The book considers the structures and processes that lead to the successful adoption of the Paris Agreement - and contrasting them with other attempts that failed in bringing states together under a legally-binding solution. Christina Voigt explores the whole "life-cycle" of multilateral environmental agreements. Also emphasised is the impact of emerging economies in shaping international environmental regimes.

Multilateralism has been increasingly accepted as the modus operandi in world politics, and in global environmental politics in particular. International environmental law in the form of multilateral environmental agreements has over the last four decades emerged as the preferred avenue to address inter-state environmental issues that either cross state boundaries, materialize beyond national jurisdictions or are of genuinely global nature such as climate change.This book analyses the possibilities as well as the limitations of environmental treaty making between states. The book considers the structures and processes that lead to the successful adoption of the Paris Agreement – and contrasting them with other attempts that failed in bringing states together under a legally-binding solution. Christina Voigt explores the whole "life-cycle" of multilateral environmental agreements, from diplomatic exchanges, to treaty negotiations, to analyses of the treaty text, non-compliance mechanisms and finally to recourse to courts. It also emphasises the strong impact of the sovereign powers of emerging economies such as China and Brazil on the shaping of international environmental regimes.

Environmental Multilateralism and its Discontents

From the man that the&nbsp;New York Times&nbsp;calls “the most important person you’ve never heard of,” renowned Cambridge University economist Sir Partha Dasgupta, comes a paradigm shifting treatise, asking a simple yet profound question—what if we put a value on nature, just as we put a value on everything else?&nbsp;For just about everything of value in life, there is an economic model. If it matters to us, we have found a way to put a dollar amount on it—to quantify its importance in our lives and society. These models and metrics tell us that our economies are healthy because they are growing. And yet for as long as they have existed, our economic models have served us an incomplete picture; they fail to account for the fact that our growth is driven by a resource that we take for&nbsp;free&nbsp;and treat as&nbsp;infinite: nature.&nbsp;Indeed, for centuries we have been using nature as if it were limitless, but more than ever, we are recognizing that our demands on the natural world are unsustainable. In&nbsp;On Natural Capital, award-winning Cambridge University economist Sir Partha Dasgupta lays out a seminal new approach to economics that asks, what if we were to put a value on nature just as we value everything else? Rooted in mankind’s struggle against climate change, Dasgupta’s approach examines the existential need to rethink our relationship to nature and see its preservation as an economic imperative. Challenging much of economic thought that has come before, Dasgupta presents an urgent call to transform the focus and structures of global economics with a profound new model—one so radical that only an economist of his stature could make the world take it seriously.&nbsp;On Natural Capital&nbsp;is a bold and groundbreaking book that could, truly, change everything.

From the man that the&nbsp;New York Times&nbsp;calls “the most important person you’ve never heard of,” renowned Cambridge University economist Sir Partha Dasgupta, comes a paradigm shifting treatise, asking a simple yet profound question—what if we put a value on nature, just as we put a value on everything else?&nbsp;For just about everything of value in life, there is an economic model. If it matters to us, we have found a way to put a dollar amount on it—to quantify its importance in our lives and society. These models and metrics tell us that our economies are healthy because they are growing. And yet for as long as they have existed, our economic models have served us an incomplete picture; they fail to account for the fact that our growth is driven by a resource that we take for&nbsp;free&nbsp;and treat as&nbsp;infinite: nature.&nbsp;Indeed, for centuries we have been using nature as if it were limitless, but more than ever, we are recognizing that our demands on the natural world are unsustainable. In&nbsp;On Natural Capital, award-winning Cambridge University economist Sir Partha Dasgupta lays out a seminal new approach to economics that asks, what if we were to put a value on nature just as we value everything else? Rooted in mankind’s struggle against climate change, Dasgupta’s approach examines the existential need to rethink our relationship to nature and see its preservation as an economic imperative. Challenging much of economic thought that has come before, Dasgupta presents an urgent call to transform the focus and structures of global economics with a profound new model—one so radical that only an economist of his stature could make the world take it seriously.&nbsp;On Natural Capital&nbsp;is a bold and groundbreaking book that could, truly, change everything.

The Value of the World Around Us

On Natural Capital

Studies of the Oxford Institute of European and Comparative Law

The leading Spanish language treatise on the law on torts has now been translated into English, making it accessible to jurists, scholars and practitioners throughout the world. It addresses the central analytical questions in modern tort theory by reference to first principles, explaining how doctrinal tension has resulted from the law's evolution. The book also offers a theoretical framework for understanding and analysing the doctrines behind the main tort rules found in different jurisdictions, including their interrelationship and historical development. Steeped in Chilean legal doctrine and case law on torts, it also considers authorities from Britain, Germany, the USA, France and Spain. This is a magisterial and important work.

A Comparative Perspective

The Foundations of Tort Law in the Civilian Tradition

This book explores the relationship between copyright law, online anonymity, and creative user-generated content (CUGC). Presenting original empirical findings, the book evaluates the co-existence of copyright law and normative systems regulating a CUGC landscape made up of artists, photographers, and writers, and makes novel recommendations for copyright reform. It takes a multi-jurisdictional approach across Anglo-American and EU legal systems, using the UK, USA, and Germany as representative jurisdictions for legal analysis. Qualitative findings are drawn from creators and communities on Reddit and 4chan. Copyright subsists in much CUGC, but pervasive anonymity makes it difficult for the law to regulate it effectively. Simultaneously, anonymity offers creative benefits in a way that highlights flaws in traditional justifications of copyright. Comparisons between community norms and copyright law identify practical differences but also fundamental compatibilities in terms of ownership expectations. However, the simultaneous existence of legal and normative enforcement mechanisms complicates matters for creators and potential users, with negative implications for creativity and copyright law. While existing reform efforts have made suggestions to create a UGC exception, these overlook and undermine the role of CUGC creators as copyright holders. This can be addressed through the consideration of a framework of supplementary CUGC guidelines when developing such reforms. This valuable resource for researchers and students provides a distinct perspective in framing CUGC creators as copyright holders, examining online anonymity as a pivotal factor influencing regulation.

Copyright and Anonymity in the Creative User-Generated World

This book offers the first ever in-depth analysis of the emerging constitutionalism in South Sudan and the challenges it faces. The book critically analyses the constitution-making processes that occurred in South Sudan between 2005 and 2011, finding, among other things, that there was a failure of constitutional discourse, particularly in relation to the 2011 drafting process of the Transitional Constitution. It goes on to analyse how the constitution is being implemented. It finds that, despite the clear division of powers and functions between the national government and the sub-national governments, what has emerged in South Sudan in the post-constitution-making period is a form of coercive centralism where the national government controls much of the political decision-making process. This has had serious implications for democracy, constitutionalism, and the rule of law. Finally, bearing in mind the failure in both how the transitional constitution was made and how it is being implemented, the book undertakes a critical analysis of the proposed process for drafting a new constitution for South Sudan. It identifies serious shortcomings and proposes how these could be addressed to enhance the process.

Challenges and Opportunities

Emerging Constitutionalism in South Sudan

Rights of Nature in Liberal Legal Systems and International Law

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