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Ogunsanya O: The Death of A Practice

The Death of A Practice

How to Avoid Practice Failure

This book analyses laws distinctively normative contribution to place-making. In an original, cross-disciplinary, analysis drawing on scholarship in law, geography, philosophy and politics, Antonia Layard considers how law operates in the fixing of borders that both protect and exclude. Centred upon four legal case studies - on public space; housing regulation; rules on the manifestation of religion; and geographic indications in intellectual property law - the book pursues a critical geographical consideration of how place is integral to ideas about identity, belonging and territory.

Law, Place &amp; Maps: Balancing Protection and Exclusion analyse law’s distinctively normative contribution to place-making. In an original, cross-disciplinary, analysis drawing on scholarship in law, geography, philosophy and politics, Antonia Layard considers how, both formally and formally, law operates in the fixing of borders that both protect and exclude. Centred upon four legal case studies – on public space; housing regulation; rules on the manifestation of religion; and geographic indications in intellectual property law – the book pursues a critical geographical consideration of how place is integral to ideas about identity, belonging and territory. It will be of much interest to critical legal geographers and socio-legal scholars, as well as planning, environmental, intellectual property, housing and land use lawyers.

Balancing Protection and Exclusion

Law, Place and Maps

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

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

Routledge Research in Human Rights Law

Taking a public international law law perspective, this book examines various issues and difficulties faced by human rights advocates in their effort to seek redress transnationally for victims of human rights abuses.

Taking a public international law law perspective, this book examines various issues and difficulties faced by human rights advocates in their effort to seek redress transnationally for victims of human rights abuses.

Jurisdiction, Immunity and Transnational Human Rights Litigation

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

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

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 examines the realities of the functioning of the European Public Prosecutor's Office (EPPO) along with the actual cooperation with other stakeholders in the EU and in the Member States. The protection of financial interests of the European Union is a Treaty obligation bearing equally on the Member States and the Union itself. In order to increase the effectiveness of the investigations and prosecutions in those areas falling under the PIF Directive, using enhanced cooperation provisions, 22 Member States established the office of The European Public Prosecutor, which came into operation in 2021. Based on examples of five Member States taking part in the EPPO from the beginning - Germany, Italy, Lithuania, Romania, and Slovakia - as well as Poland, which used to be a non-participating Member State and only recently joined the EPPO, this collection analyses the legal framework as well as the practical experience of cooperation in this field. The book will be an invaluable resource for academics and researchers in the areas of EU Criminal Law, EU Law, and EU Constitutional Law.

Protecting EU Financial Interests in a New Institutional Landscape

Financial Crime and the Office of the European Public Prosecutor

Routledge Research in International Law

Theory of Obligations in International Law

This book analyses the tendency in international law scholarship and criticism to seek a 'new' international law. Drawing and building on scholarship around the political significance of theological ideas, it argues that underlying this tendency is a relationship between international law and messianic thinking.

This book analyses the tendency in international law scholarship and criticism to seek a â€˜newâ€™ international law. Drawing and building on scholarship around the political significance of theological ideas, it argues that underlying this tendency is a relationship between international law and messianic thinking.

The 'New' International Law

Routledge Research in Tax Law

This book elaborates on the issue of tax avoidance in the light of domestic case-law of the European Union Member States and the case-law of the Court of Justice of the European Union (CJEU).Analysing the most common tax avoidance instruments in European case-law, the book discusses transfer pricing, double taxation treaties, and the anti-avoidance clause. Using eight countries as case studies, Poland, Spain, Portugal, the Netherlands, Sweden, Germany, France and Italy, the book compares their different approaches to tax avoidance from the perspective of both the tax policy of the state and the strategies used by international holding companies. Additionally, the book analyses the case-law of the CJEU, widening the approach to cover tax avoidance across EU countries. Using both a practical and theoretical methodology, the book looks at the relationship between circumvention of the law, tax optimization, tax avoidance, abuse of law, and tax planning.The book will be of interest to researchers in the field of tax law, tax avoidance law, financial law and European law.

European Perspectives

Tax Avoidance in Case Law

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

The Death of A Practice

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