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Combs S: THE JUST-IN-CASE PLAN

THE JUST-IN-CASE PLAN

Smart Strategies for Long term Care, Family Conversations and Legacy Protection

Routledge Research in Information Technology and E-Commerce Law

This book offers a critical analysis of cybersecurity from a legal-international point of view.Assessing the need to regulate cyberspace has triggered the re-emergence of new primary norms. This book evaluates the ability of existing international law to address the threat and use of force in cyberspace, redefining cyberwar and cyberpeace for the era of the Internet of Things. Covering critical issues such as the growing scourge of economic cyberespionage, international co-operation to fight cybercrime, the use of foreign policy instruments in cyber diplomacy, it also looks at state backed malicious cyberoperations, and the protection of human rights against State security activities. Offering a holistic examination of the ability of public international law, the book addresses the most pressing issues in global cybersecurity.Reflecting on the reforms necessary from international institutions, like the United Nations, the European Union, the Council of Europe, and NATO, in order to provide new answers to the critical issues in global cybersecurity and international law, this book will be of interest to academics, students and practitioners.

Global Cybersecurity and International Law

Routledge Research in Legal Philosophy

This book explores democratic development in Indonesia-the world's third-largest democracy after India and the United States. Through case studies, it looks at two rival versions of democracy-the republican form and the electoral form-and posits that electoral democracy is not sustainable without republican institutions, laws, and norms. In recent years, there has been growing instability in Indonesian democracy, with brutal fighting among political forces and deep polarization. This book contends that what needs to be explained is not the democratic decline in Indonesia but rather the deviant form of democracy that the country has been practicing since the fall of the military dictatorship. It is argued that in the last twenty-five years, Indonesia has practiced a Schumpeterian form of democracy with a heavy emphasis on election while neglecting the minimum threshold of a healthy republican form of democracy: political participation, equality of virtues, and the principle of nondomination. The book invites readers on an intellectual journey to explore the republican ideal through the lenses of philosophy, law, politics, and the history of the problem of democracy in Indonesia.

A Legal Philosophical Analysis

Democracy and the Rule of Law in Indonesia

Routledge Research in International Environmental Law

Global challenges and local remedies

Cross-border pollution and environmental disputes in EU law and beyond

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

Routledge Research in International Economic Law

Defences in International Investment Law offers both theoretical and practical insights into investment dispute resolution. Providing researchers and practitioners with a comprehensive source for response to claims, Botchway distils and synthesises material from both national and international adjudicatory bodies.

Defences in International Investment Law offers both theoretical and practical insights into investment dispute resolution. Providing researchers and practitioners with a comprehensive source for response to claims, Botchway distils and synthesises material from both national and international adjudicatory bodies.

Defences in International Investment 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

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

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

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 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

Lloyd's Arbitration Law Library

This book compares the five key international arbitral rules: the International Chamber of Commerce, the London Court of International Arbitration, the International Centre for Dispute Resolution, the Stockholm Chamber of Commerce and the ad hoc UNCITRAL Rules. It is the first book of its kind to consider the 2012 ICC Rules alongside the 2014 LCIA Rules. It is therefore, a vital guide for lawyers and staff involved in international arbitration.

This book compares the five key international arbitral rules: the International Chamber of Commerce, the London Court of International Arbitration, the International Centre for Dispute Resolution, the Stockholm Chamber of Commerce and the ad hoc UNCITRAL Rules. It is the first book of its kind to consider the 2012 ICC Rules alongside the 2014 LCIA Rules.The book compares these five sets of rules by theme, addressing the role played by institutions; commencing the arbitration, formation and challenge of the Arbitral Tribunal; expedited and emergency procedures; conduct of the arbitration; powers of the tribunal; awards and orders; costs; and conduct and ethics. Each chapter contains a critique and commentary on the approach adopted by each institution, addressing the limitations of each set of rules whilst offering drafting tips and practical guidance for users and practitioners. It is therefore, a vital guide for lawyers and staff involved in international arbitration.

A comparative guide

International Arbitration Rules

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

THE JUST-IN-CASE PLAN

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