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Kakkar A: The Hidden Exit

The Hidden Exit

A Survival Guide for Transnational Bride Abandonment and Reclaiming Your Rights

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

Studies in Private International Law - Asia

This book examines the interaction between Islam and private international law in Asia. The analysis distinguishes between Muslim-majority and non-Muslim jurisdictions. Among the former, a further distinction can be drawn between Muslim-majority jurisdictions where Islamic law continues to exert a strong influence on both substantive and procedural law (including Pakistan, Bangladesh, Indonesia, and Brunei), and those where the law has been largely secularized (such as Kazakhstan, and Uzbekistan). Among the latter, non-Muslim jurisdictions can likewise be divided into two groups: those with a significant Muslim minority, often granted a certain degree of judicial or legal autonomy (such as India, the Philippines, and Thailand); and those where Muslims constitute only a small minority and where no special legal or judicial framework exists (including Japan, South Korea, Taiwan, and China). In Muslim-majority jurisdictions, the main question concerns the influence of Islamic law on the private international law treatment of cross-border cases. In non-Muslim jurisdictions, the main question concerns the acceptance of foreign law based on or influenced by Islamic law or judgments rendered in application of such laws. The chapters put the question of the interrelation between Islam and private international law in its broader theoretical context, examining the differences and similarities between the various approaches and proposing suggestions that bridge the gap between sometimes opposing approaches. The book sheds light on the multifaceted interrelation between Islam and private international law in Asia from both a theoretical and practical angle. It offers a unique perspective in which cultural and religious diversity meets private international law. This invaluable book provides judges, practitioners, decision-makers, and scholars with a practical guide and an indispensable reference to understanding this complex issue within the Asian context.

Islam and Private International Law in Asia

This book is the leading reference on Thai private international law in English. The chapters systematically cover the whole of Thai private international law including commercial matters, family law, succession, electronic commerce, intellectual property, competition (antitrust), and environmental disputes.

In addition to covering the traditional conflict of law areas of jurisdiction, applicable law (choice of law) and enforcement, the chapters also look into conflict of laws questions arising in arbitration and assess Thailand's involvement in the harmonisation of private international law globally and regionally.

Similarly to the other volumes in the Studies in Private International Law - Asia series, this book presents the Thai conflict of laws through a combination of common and civil law analytical techniques and perspectives, providing readers worldwide with a more profound and comprehensive understanding of the subject.

This book is the leading reference on Thai private international law in English. The chapters systematically cover the whole of Thai private international law including commercial matters, family law, succession, electronic commerce, intellectual property, competition (antitrust), and environmental disputes.

In addition to covering the traditional conflict of law areas of jurisdiction, applicable law (choice of law) and enforcement, the chapters also look into conflict of laws questions arising in arbitration and assess Thailand’s involvement in the harmonisation of private international law globally and regionally.

Similarly to the other volumes in the Studies in Private International Law - Asia series, this book presents the Thai conflict of laws through a combination of common and civil law analytical techniques and perspectives, providing readers worldwide with a more profound and comprehensive understanding of the subject.

Thai Private International Law

A Commentary

The European Convention on Human Rights

This book gives the first in-depth assessment of how justification functions when women are claiming their right to equality. How can courts assess whether a proposed limit to women's equality is constitutionally justified? This question is rarely explicitly asked, with the assumption that well-established limitation frameworks, such as proportionality, are able to assess whether limits to women's rights are justified. However, delving into the theory and practice of justification reveals fracture points between the dominant approach to justification and women's rights to equality. One of its distinctive characteristics is the question of whether any analytical entwining or unwinding of equality and justification enhances the protection of women's rights to equality in constitutional democracies. It proposes a novel asymmetric relationship between equality and justification that requires innovative methodological approaches that enrich the task of adjudicating limits to women's equality. This is an intriguing, articulate and compelling examination of a question with real and applied significance to all those working on human rights and equality.

The Function of Justification in Achieving Women's Equality

Hanging in the Balance

This open access book brings together leading European labour law scholars to explore how workers' representatives' rights are evolving in the context of the digital transformation of work. Rooted in EU and national legal frameworks, the book examines how information and consultation (I&amp;C) rights must adapt to the challenges posed by platform work, algorithmic management, cross-border telework, and digitalisation more broadly. Structured around 4 key themes-Who is entitled to I&amp;C rights; Where these rights apply in transnational and virtual workplaces; How they are exercised in the context of AI, occupational safety, and industrial democracy; and What new rights are emerging in response to digital risks-the book offers a comprehensive and comparative analysis of labour law in the digital age. It pays particular attention to the role of workers' representatives in shaping and implementing emerging rights such as the right to disconnect. Drawing on the findings of the DIGILARE research project (EU grant 101126503), the volume provides actionable legal and policy insights for EU institutions, national lawmakers, social partners, and practitioners. It proposes reforms to strengthen democratic participation, enhance transparency in algorithmic decision-making, and safeguard workers' autonomy in increasingly fragmented and remote work environments. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

EU Legal Perspectives

Information and Consultation Rights in the Digital Workplace

Structural Principles of EU Law

Hart Studies in Commercial and Financial Law

This book uncovers and reconstructs the growing body of legal principles and rules governing mortgages that have been developed by different transnational institutions and actors. It shows how mortgages have evolved from a type of real security commonly used to facilitate lending by mitigating credit risk, to a transferable commodity with the potential to affect international financial stability and consumer welfare. In doing so, the book reveals the emergence of new policy objectives and rationales for regulation that have led to changes in the structure and functions of mortgage laws. Characterising this development as a type of transnational law, the book highlights the paradigm shifts in the law of residential mortgages brought about by their increasing global relevance. The analysis reveals tensions between the goals of risk mitigation, financial stability, consumer protection and housing justice. The result is an innovative analysis at the intersection of contract law, property law and international financial regulation. The book portrays transnational mortgage law as a complex field governed by a plurality of socially and economically relevant but potentially conflicting goals and principles.

Reconstructing the Global Framework for Housing Finance

Transnational Mortgage Law

Studies in Private International Law

This monograph provides an in-depth analysis of Article 7 of the Rome II Regulation, and its interplay with other EU PIL provisions, from a litigation perspective. Simultaneously, due to its critical approach, it provides a blueprint for the European legislator to implement future legislative amendments in the said rules, in order to suppress their limitations. Overall, the book reaches conclusions on:
*whether it is effective at all, from the standpoint of environmental protection, to intervene in environmental matters though PIL means; 
*whether PIL interventions in environmental matters enhance and spread the EU’s environmental law policy, both inside and outside the EU
*whether the EU is adequately using the PIL tools at its disposal to intervene in (environmental) global governance.

Choice of Law as a Tool of Environmental Global Governance

Private International Environmental Litigation before EU Courts

Hart Monographs in Transnational and International Law

This book offers the first comprehensive study of quasi-judicial bodies and their operation in international law. What are quasi-judicial bodies as a formulation in international law? Though these are currently legion at the international level, there is yet to be a rigorous analysis of them as a category. This book fills this gap by setting out a comprehensive and detailed map of this quasi-judicial terrain. Taking a comparative approach, it looks at the form and function of these bodies, as well as commenting on their effectiveness. It goes further to explore their understanding at the domestic and international court level. This is a fascinating study that will be of interest to all scholars of international courts and institutions.

What are quasi-judicial bodies as a formulation in international law? Though these are currently legion at the international level, there is yet to be a rigorous analysis of them as a category. This book fills this gap by setting out a comprehensive and detailed map of this quasi-judicial terrain. Taking a comparative approach, it looks at the form and function of these bodies, as well as commenting on their effectiveness. It goes further to explore their understanding at the domestic and international court level. This is a fascinating study that will be of interest to all scholars of international courts and institutions.

Quasi-Judicial Bodies in International Law

This book is the first investigation of the relationship between EU digital sovereignty and sustainability strategies. It maps the ambitions and limitations of EU digital strategic autonomy and explores the structural challenges underlying its relationship with its green transition objectives in the context of the ongoing wars in neighbouring European countries and the consequent tensions in the EU energy sector. The EU is racing to achieve technological independence from third countries and foreign multinational companies to protect its digital sovereignty and preserve its fundamental rights. In the EU, digitalisation and the green transformation are seen as twin transitions. Yet, EU digital sovereignty strategies have a significant environmental cost. Reaching a status of strategic autonomy of the EU at the level of digital infrastructures, products, services and data implies higher energy consumption and exploitation of natural resources. Moreover, the geopolitical tensions following the Russian invasion of Ukraine have provoked an unprecedented energy crisis, which is affecting EU economies and impacting objectives of the twin transitions. The book offers an interdisciplinary analysis of the major EU regulatory and policy instruments in this field, providing an invaluable guide for academics, practitioners, and policymakers navigating the complex issues of preserving digital sovereignty and addressing climate change in times of war and energy crisis.

EU Challenges in Times of War and Energy Crisis

Digital Sovereignty and the Green Transition

This classic textbook provides a thorough overview of European private international law. It is essential reading for students and practitioners of private international law and transnational litigation, wherever they may be located: the European rules extend beyond European shores. Opening with foundational questions, the book clearly explains the subject's central tenets: the Brussels I, Rome I and Rome II Regulations (jurisdiction, applicable law for contracts and tort). Additional chapters explore private international law and insolvency, freedom of establishment, and the impact of private international law on corporate social responsibility. The relevant Hague instruments, and the impact of Brexit, are fully integrated in the various chapters. Drawing on the author's rich experience, the new edition retains the book's hallmarks of insight and clarity of expression, ensuring it maintains its position as the leading textbook in the field.

Commercial Litigation in the EU

European Private International Law

The Hidden Exit

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