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The Law and Collective Bargaining

Sources and Patterns of Regulation in the Modern World of Work

Constitutional Systems of the World

Following the successful formula of the series, this book offers an introductory but authoritative overview to the Constitution of Bangladesh. It looks at the shape and working of the Constitution, while introducing the reader to it key stakeholders. It sets out the features unique to the Bangladeshi situation and the specific challenges that rise. With the opening key words and end of chapter further reading recommendations, this is the ideal starting point for students if this fascinating state and its governing framework.

Following the successful formula of the series, this book offers an introductory but authoritative overview to the Constitution of Bangladesh. It looks at the shape and working of the Constitution, while introducing the reader to it key stakeholders. It sets out the features unique to the Bangladeshi situation and the specific challenges that rise. With the opening key words and end of chapter further reading recommendations, this is the ideal starting point for students if this fascinating state and its governing framework.

A Contextual Analysis

The Constitution of Bangladesh

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

Landmark Cases

This book presents the landmark cases in company law which have shaped and defined the field and is written by leading experts in the field.

Part of the market-leading Landmark Cases series, this book brings together leading experts in company law to analyse the the landmark cases in company law which have shaped and defined the field. Drawing on a range of diverse methods and a multi-disciplinary orientation, the book explains the past, present, and future of company law as well as its shape, structure, and trajectory. Company law is now understood to be a creature of statute law. The Companies Act of 2006 is a monumental piece of legislative work. Cases, however, played a central role in creating, establishing, and influencing legal ideas that were later enshrined within pieces of legislation. To identify the landmark cases in company law, the book develops an original, democratic, and objective method. It undertakes a citation analysis of cases used by 5 leading English company law textbooks. Highly cited cases are widely understood to be central to the company law curriculum. Once these cases have been identified, they are examined by leading scholars in company law. The analysis that follows sheds some much needed light on how, why, and when historic rules came into being. This contextual analysis is missing from the original law reports as well as the legislation that we see in operation today. It follows that these novel accounts of the roots of company law push beyond a simplistic narration of the case and proffer a new explanation for why legal rules took the shape that they did. Other archaeological studies also provide a fresh account of the case. Such an excavation informs the reader about legal advisors or the parties in the suit to explain why the litigation arose in this particular way, manner, or form.

Landmark Cases in Company Law

This book confronts a pressing and unsettling development at the intersection of law, sovereignty, and Indigenous rights: the growing entanglement between Indigenous legal traditions and sovereign citizen pseudolaw. Bringing together leading scholars from law, anthropology, Indigenous studies, and related disciplines, the volume exposes how pseudolegal movements increasingly appropriate the language and symbolism of Indigenous sovereignty to advance anti-state and conspiratorial agendas. The collection shows that this appropriation is not confined to non-Indigenous actors. In contexts of long-standing injustice and frustration with state institutions, some Indigenous individuals are also drawn to sovereign citizen arguments that promise autonomy or escape from state authority. Through careful analysis, the contributors explain why these claims may appear attractive, while demonstrating that they rest on legal fantasies fundamentally at odds with Indigenous legal orders. Where Indigenous laws are collective, relational, and grounded in responsibilities to land and community, pseudolaw is individualistic, property-centred, and rooted in settler-colonial entitlement. As the first scholarly collection to systematically address this phenomenon, the volume calls for renewed intellectual clarity and sustained engagement between academics, legal practitioners, and Indigenous communities. The book traces how pseudolaw repackages older colonial strategies of appropriation and erasure in new forms. It reveals the tangible harms these entanglements cause: legal confusion, political vulnerability, and the erosion of the credibility of genuine Indigenous sovereignty claims. It offers a powerful warning about the dangers of pseudolaw and a compelling case for strengthening Indigenous-led pathways to justice, self-governance, and sovereignty.

Indigenous Peoples and Sovereign Citizen Pseudolaw

This book is a comparative study of how courts and oversight bodies review lawmaking processes, exposing democratic deficits and advocating for transparent, participatory legislative reform across Europe. In an era of fast-track legislation and executive overreach, the democratic legitimacy of lawmaking is under increasing pressure. This timely and original volume offers the first comprehensive, comparative analysis of how judicial and non-judicial bodies monitor and assess legislative procedures across Europe and beyond. Drawing on examples from Hungary, France, and the United States, the book highlights troubling trends - such as the use of expedited processes, exclusion of opposition voices, and lack of public participation - that undermine democratic principles and good governance. Contributors examine how courts, parliamentary committees, and international organisations like the Venice Commission respond to these challenges, offering insights into their capacity to uphold constitutional standards and human rights protections. The book also explores the broader implications of defective lawmaking for the rule of law, separation of powers, and the achievement of global goals such as the UN's Sustainable Development Agenda. Featuring leading scholars and practitioners from across Europe, including underrepresented jurisdictions, the volume bridges theory and practice, offering a rich interdisciplinary perspective. It is essential reading for academics, legal professionals, policymakers, and civil society actors concerned with the integrity of democratic institutions and the future of legislative governance. By shedding light on the mechanisms of procedural review, this book makes a compelling case for more transparent, inclusive, and accountable lawmaking in democratic societies.

European Perspectives on the Procedural Review of Parliamentary Lawmaking

Studies of the Oxford Institute of European and Comparative Law

Drawing on the experience of recognised experts from across a range of different fields and jurisdictions, this landmark publication tackles default rules in private law in comparative perspective. Often underestimated, but highly influential, default rules are non-mandatory rules that kick in where nothing else has been agreed or provided. The contributions explore default rules from a variety of angles relevant to both scholarship and legal practice, including: · behavioural aspects and the role of platform terms in the digital age; · the remit and operation of defaults in different areas, ranging from contract and commercial law to succession, civil procedure and private international law; · a comparison between Common law and Civilian approaches as well as the EU level; · the perspectives of different 'players' engaged in the generation and application of default rules.

Default Rules in Private Law

This book investigates measures to increase diversity in the legal profession of England and Wales and the impact of equality law on what has been done, focussing on how law enables organisations lawfully to take positive or affirmative action. The book combines a qualitative interview study of lawyers, legal regulators, recruitment consultants and other civil society actors, with analysis of developments in the legal profession, in equality law and in understanding of the role of law in society. The evidence paints a puzzling picture of the law on positive action being both very little known and seen as limiting what employers do to advance equality, much as significant positive action has been taken anyway, at least in this section of the legal profession. The glimpse into legal practice revealed complex attitudes, persistent barriers to fundamental change, and, in hindsight, that the larger forces driving inequality mean that liberalizing positive action laws was never likely to make much difference. This case study therefore cautions against overestimating equality law's power to deliver change while putting forward strategies for enhancing its effectiveness. At the broadest level, the book argues for frank acknowledgment of law's limitations, a stronger focus on understanding how legal interventions function in practice before deploying them, and for the full implications of law's limits to be traced through in politics and society. The urgent need is for renewed effort to discover and build other mechanisms for addressing inequality and the many other major challenges we currently face.

Positive Action and the Limits of the Law

Diversity in the Legal Profession

Maritime and Transport Law Library

Responsibility Accountability Maritime Law examines the phenomenon of criminalisation which confronts the Master in their professional conduct, both in terms of Flag State and Port State rights and obligations. The fault lines of criminalisation, which go to the heart of the question, demand an understanding of how the concept of criminal justice has evolved to impose accountability on the Master, in circumstances which had not been crimes before.Since this book was first published, the maritime world has changed dramatically, requiring a new understanding of responsibility and accountability before the Master can make rational decisions to respond to the risk of criminalisation. While the basic theory of accountability for criminalisation and the sources of law provide the foundation, this second edition presents a new introduction to summarise the necessity for changes in structure in order to define the pre-existing law with which the Master must comply, acknowledging the re-emergence of risk in the Gulf in 2026, and the foreseeable emergence of risk in the Arctic as geopolitical pressures create uncertainty as to who will assert jurisdictional control in the management of merchant shipping in this region. The Sources of Law chapter has been expanded to address risk management in the context of current geopolitical turmoil, balancing company commitments with the safety of the ship and crew. New content includes detention of Masters and crew, the International Convention on Arrest of Ships, universal jurisdiction, and relevant case studies such as the M/T Heroic Idun.The book's format meets the needs of lawyers, academics and maritime professionals, with the aim of analysing the character of criminalisation to determine the features which characterise the phenomenon in Port and Flag State contexts; it interrogates the aim to define the nature of criminalisation and identifies the constituent problems in such criminal accountability. Each chapter relies heavily on case studies to illustrate how the laws which reflect national policy underpinning those priorities are applied in practice. This structure enables an understanding of the problems in the criminal process, with a view to offering options for solutions.The book is directly relevant to a broad range of parties which includes lawyers, academics, P &amp; I clubs, seafarers, shipowners, managers and agents, and national and international seafaring unions.The current law and cases have been verified up to June 2026.

Criminalisation of the Ship’s Master

Responsibility and Accountability in Maritime Law

This groundbreaking book explores the dynamic intersections between religion as a cultural-theological construct and intellectual property as the legal framework governing creativity and innovation. Featuring contributions from over 30 leading scholars, the book examines how IP law regulates religious subject matter-sacred symbols, texts, music-and how religious traditions shape and are shaped by contemporary issues in IP law. From Islamic perspectives on trademark law to Jewish analyses of copyright and Confucian views on IP law, the book provides a multicultural lens on the interplay between faith, law, and commerce. A critical resource for IP scholars, ethnographers, theologians, and policymakers, this book offers fresh insights into the global and interdisciplinary dimensions of intellectual property, enriching both academic discourse and practice.

Cross-Cultural Intersections of Faith and Law

Intellectual Property and Religion

This book explores the foundations of the principle of altruism and its relationship to the criminal law, examining the contrasting justifications for the duty of easy rescue and the duty of tolerance, both of which are based on altruism. Since the days of Lord Macaulay and James FitzJames Stephen, it has been said that English law does not usually punish omissions, and that altruistic duties are incompatible with the spirit of the common law. This book aims to show that this is not an accurate description of English criminal law, and that there is a strong case to be made for the opposite understanding, based on principles advanced by authors such as Adam Smith, Jeremy Bentham, John Stuart Mill and others. By analysing the duty of easy rescue - which imposes on individuals a duty to take steps to rescue a person in danger if this can be done without risk to the rescuer, or at least a duty to call the emergency services - and by comparing it with the well-known duties arising in cases of extreme necessity, it can be shown that altruism has plenty to say in different parts of the criminal law. Having established the case for criminalising the failure to provide a simple rescue, a detailed analysis is made of the form that this criminalisation should take, bearing in mind the basic principles of English law and considering the strengths and weaknesses of the duty of easy rescue as it is formulated in various continental systems, including the German, French, Spanish and Italian criminal codes.

Duties of Rescue and Tolerance

Altruism and the Criminal Law

Hart Studies in Constitutional Theory

This is the second part of a 2-volume set which presents an in-depth investigation into the canon of constitutionally conforming interpretation. This second volume builds upon the insights of the first volume, which includes national reports on the use of constitutional interpretation. In Volume 2, the analysis is extended beyond the national context, discussing its application in the supranational and international contexts, including in EU law and the domestic use of international law. It presents several critical perspectives, challenging the legitimacy of constitutionally conforming interpretation, and looks at the invisible constitution, constitutional amendments, and the impact of legalism. The volume is rounded off by three comparative analyses, which formulate universally applicable insights. Together with Volume 1, this book fills an important gap in legal scholarship and sets the stage for cross-national discourse on this critical legal method.

Volume 2: Connections and Analysis

Constitutionally Conforming Interpretation – Comparative Perspectives

This book is the first comprehensive academic treatment of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and employment rights, which has a global vocation demonstrated by having been ratified by 173 States since it was adopted in 1966. Workers' rights need protection and reinforcement. To achieve this aim, international human rights standards can play an important role. The ICESCR is the most important global UN instrument in this respect. It covers a wide range of employment rights, including the right to strike, and has global application. But it is not sufficiently developed and used, and national implementation often needs improvement. Part 1 of the book analyses general issues related to the Covenant, such as context, development, challenges, influences at the global and regional levels, interpretation and procedural elements. Part 2 deals with the specific provisions which are directly linked to the employment relation. The book is based on a thorough analysis, mainly, but not exclusively, of the case law of the Committee on Economic, Social and Cultural Rights (CESCR), that is monitoring the national implementation of the Covenant. Together, the chapters in this book will empower academics and practitioners in labour law to find answers to relevant and practical problems in order to better enforce and improve workers' rights. The book is the result of a project by the 'Transnational Trade Union Rights' experts Network (TTUR), linked to the European Trade Union Institute (ETUI).

The International Covenant on Economic, Social and Cultural Rights and the Employment Relation

The Law and Collective Bargaining

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