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Law and Criminology (R0)

Enyinna Nwauche

The Privatisation of Indigenous Land Tenure and the Future of African Indigenous Law

&lt;p class="MsoTitle" style="margin-bottom: 0cm; mso-add-space: auto; text-align: justify;"&gt;The Privatisation of Indigenous Land Tenure Development and the Future of African Indigenous Law.-&amp;nbsp;&lt;span style="font-size: 11.0pt; line-height: 107%; font-family: 'Aptos',sans-serif; mso-ascii-theme-font: minor-latin; mso-fareast-font-family: Aptos; mso-fareast-theme-font: minor-latin; mso-hansi-theme-font: minor-latin; mso-bidi-font-family: 'Times New Roman'; mso-bidi-theme-font: minor-bidi; mso-ansi-language: EN-US; mso-fareast-language: EN-US; mso-bidi-language: AR-SA;"&gt;&lt;span lang="EN-US"&gt;An Overview of Indigenous Land Tenure in Africa&lt;/span&gt;&lt;/span&gt;.- Models of Private Interests in Indigenous Land Tenure in Africa.- Patriarchy, Gender, and Access to Indigenous Land Tenure in Africa.- Compulsory Acquisition of Indigenous Land Tenure in African States-. Documentation and Registration of Indigenous Land Tenure.- Arbitration and Adjudication of Indigenous Land Tenure Disputes.- The Privatisation of Land Tenure and the Future of Indigenous Law in Africa.&lt;/p&gt;

Studies in Private International Law

This groundbreaking book offers an in-depth exploration of the complex and evolving landscape of the recognition and enforcement of foreign judgments across Africa. Covering more than 26 jurisdictions, it spans a remarkable diversity of linguistic traditions (including English, French, Arabic, and Portuguese), religious contexts (such as Christian-majority and Muslim-majority countries), and legal systems (ranging from common law and civil law to mixed jurisdictions). As the first comprehensive study of its kind, the book examines national procedures, legal regimes, and institutional frameworks, combining theoretical insights with practical analysis. It sheds light on the multifaceted challenges that arise in cross-border civil and commercial litigation and reflects on the prospects for legal harmonization and reform within the continent. Drawing on the most up-to-date case law and legislative developments, both domestic and regional, the book offers a unique and timely contribution to understanding the mechanisms-current and emerging-that govern the movement of judgments across African borders. A practical guide and indispensable reference for practitioners, academics, judges, students, and policy makers alike, this invaluable book provides a comprehensive overview of the current state of foreign judgments recognition and enforcement in Africa, with all its intricacies and complexities.

Recognition and Enforcement of Foreign Judgments in Africa

This book provides a novel judicial framework for receiving and considering religious and cultural claims in shaping human rights in constitutional secular democracies. It does this through an extended case study of the Indian constitutional jurisprudence. Abortion and surrogacy, LGBTQ + rights, sex work and euthanasia are arguably the most controversial human rights issues of our time. They all invite passionate religious and cultural debate but are not themselves religious or cultural rights issues. Instead, they pose a fundamental constitutional question: How far can religion and culture go in shaping general human rights in secular constitutional democracies? Moving beyond the logic of individual rights, this book provides an integrated and holistic approach to answering this classic question of constitutional law. To do this, it proposes an innovative empirically backed normative-theoretical framework which synthesises insights from cultural psychoanalysis, feminist legal scholarship, socio-legal method, constitutional law, evidence law, and political theory. It looks at a unique constellation of cases belonging to eight different human rights themes covering the period since India's independence in 1947 and systematically analyses the religious and cultural claims made in those cases. It finds that in India, a more holistic approach to answering our classic constitutional puzzle requires a simultaneous consideration of three different theories: A theory of constitutional interpretation which formulates restrictions on a judge considering religious and cultural claims in fundamental rights cases; A theory of judicial notice which determines when such claims can be admitted without proof; A theory of secularism and public reason which argues that the claims must be given weight in the final decision only if they match defensible conceptions of constitutional values. The book develops these theories and applies them to the Indian cases, providing an innovative approach to an age-old question.

With God as our Witness

Religion, Culture, and Human Rights in India

Company law, as a specialised branch of business law, is uniquely shaped by contemporary challenges that often redefine traditional legal concepts. Historically, the study of company law has been approached through the lens of individual legal systems rather than a broader, comparative perspective. Addressing this gap, this advanced textbook offers a comprehensive comparative analysis of common law and civil law traditions.The book focuses on the interplay between the UK legal system and the European Union's legal framework through the analysis of some EU states' legal systems. It examines company law in common law jurisdictions, particularly England and Wales, alongside Scotland, while integrating the latest legislative developments within some states of the EU, for instance, Italy and Germany. Through this comparative lens, the textbook explores pressing contemporary issues, such as the pursuit of sustainability and the green agenda, and technological evolution, in particular, AI, analysing their impact on the foundational principles of company law.Marking the 20th anniversary of the passing of the Companies Act 2006, Comparative Company Law serves as a bridge between common law and civil law, combining tradition with innovation. It provides a nuanced exploration of how modern challenges, ranging from sustainability to human rights, reshape the structure of company law, making it an essential resource for advanced students and scholars.

Human Rights, Sustainability and Technological Advancements

Comparative Company Law

This book offers an alternate trajectory for EU copyright law. Building on cultural norms in creative communities to reuse, recreate and share, the book proposes a more holistic approach to reconcile conflicting copyright interests. Drawing upon Niklas Luhmann's system theory, John Dewey's theory of art and feminist data theory, it advocates access to, and care within, creative communicative spaces, such as social media platforms or artificial intelligence (AI) data infrastructures, to safeguard creativity and cultural production online. Following a comprehensive assessment of current EU copyright law and related regulation, it proposes a rebuttable presumption of artistic communication to account for the nature of communication between authors, users and the public that safeguards creative reuse. The book isolates the question of remuneration, particularly in AI context, as one of collective socio-cultural value to address wider harms through a cultural commons existing on the border of the EU copyright system. Reflecting on traditional copyright concepts such as authorship, consent and remuneration alongside more novel legal structures like a right of collective informational self-determination, Reshaping EU Copyright Law to Support Creativity Online provides a foundation to reshape how the EU copyright system and its regulatory neighbours adequately respond to new forms of creativity, dissemination, and its use.

Offers an alternate trajectory for EU copyright law to adequately respond to new forms of creativity

Creative Reuse

Reshaping EU Copyright Law to Support Creativity Online

This volume provides a comprehensive legal examination of BIMSTEC’s evolving institutional framework, critically analyzing its role in fostering regional cooperation and partnership in alignment with SDG17. The book explores how legal frameworks can serve as mechanisms for strengthening regional integration, enhancing policy coherence, and promoting multi-stakeholder partnerships across BIMSTEC member states. By engaging with legal scholarship and comparative regional models, it evaluates how BIMSTEC can facilitate cross-border trade, investment, and regulatory harmonisation to create a more interconnected and resilient economic bloc. The chapters collectively address the legal dimensions of SDG 17 by examining BIMSTEC’s potential in fostering public-private partnerships, improving regional governance structures, and establishing inclusive legal frameworks for sustainable development. Key themes include legal mechanisms for trade and investment integration, transnational crime cooperation, refugee governance, environmental stewardship, etc. The volume further delves into sector-specific legal reforms that can enhance institutional collaboration and knowledge-sharing within the BIMSTEC framework, drawing lessons from other regional organizations such as ASEAN and the EU.
With contributions from leading legal scholars, policymakers, and jurists, this book is an essential resource for those engaged in international law, regional governance, and sustainable development. By centering its analysis on SDG 17, it offers actionable legal insights into how BIMSTEC can strengthen institutional partnerships, advance collective decision-making, and reinforce the legal infrastructure necessary for achieving long-term regional cooperation.

Pathways to Sustainable Development and Regional Cooperation

Legal Reforms in BIMSTEC Member-States

Routledge Research in Human Rights Law

Business and Human Rights in Africa raises interesting questions about the legitimacy and long-term viability of the business and human rights agenda in Africa, and in developing countries more generally. It explores the key issues for business and human rights in Africa and asks how and to what extent are the UN Guiding Principles changing the law and policy in Africa or the behavior of businesses operating in the continent? The book examines both the international and regional legal and policy initiatives on business and human rights in Africa and how these initiatives are being implemented in selected countries.

One of the most significant debates in international human rights law and in international law generally in the 21st century is about the responsibility of businesses for human rights in their areas of influence. The last decade witnessed significant, arguably monumental, development in global norms pertaining to the human rights obligation of businesses. Of particular significance is the emergence of a distinct business and human rights agenda driven by two normative instruments: the 2008 Protect, Respect and Remedy: a Framework for Business and Human Rights and the 2011 UN Guiding Principles on Business and Human Rights.Business and Human Rights in Africa raises interesting questions about the legitimacy and long-term viability of the business and human rights agenda in Africa, and in developing countries more generally. It explores the key issues for business and human rights in Africa and asks how and to what extent are the UN Guiding Principles changing the law and policy in Africa or the behavior of businesses operating in the continent? The book examines both the international and regional legal and policy initiatives on business and human rights in Africa and how these initiatives are being implemented in selected countries. Focusing in part on the extractive industry it consider the industry standards and best practices as well as the challenges the industry still faces in order to avoid human rights abuses. The book examines and evaluates emerging practices designed to minimize, manage, or mitigate corporate impact on human rights in Africa. It looks at the role of national and regional courts in Africa in ensuring accountability of businesses in Africa as well as considering the possible role for alternative dispute resolution mechanisms in realizing accountability.

History, Politics, Context, and Emerging Trends

Business And Human Rights in Africa

The book offers a comprehensive and innovative examination of how international law and institutions navigate the complexities of modern conflicts and crises. It is structured around four key themes which provide an integrated approach to understanding the legal and institutional responses to today’s global challenges.&nbsp;The first theme, Public International Law in Conflicts and Crisis, critically explores the failures and gaps in current legal frameworks, such as the ineffectiveness of&nbsp;jus ad bellum&nbsp;and&nbsp;jus in bello&nbsp;in the Russia-Ukraine war and the limitations of international organizations, revealing the inadequacies of existing international regulations.&nbsp;The second theme, Migration, Refugee Protection, and Human Rights in Contemporary Crises analyzes how global crises, including pandemics, exacerbate existing inequalities and disrupt traditional protection frameworks. It offers a critical analysis of the legal status of settlers, the protection challenges for unaccompanied refugee children, and the broader implications of global crises on human rights.&nbsp;Geopolitical Dynamics and Institutional Responses in a Changing World forms the third theme, analyzing how shifting power structures and geopolitical tensions reshape international law and institutional responses. This section provides insights into regional conflicts, such as those in Southeast Asia and the Middle East, examining how global governance struggles to adapt to evolving challenges.&nbsp;The final theme, Evolving Socioeconomic Landscapes of Power Structures Amid Crisis, focuses on how crises influence corporate responsibility, economic resilience, and international trade. Introducing innovative legal perspectives like Egocentric Legal Formalism (ELF), it explains the impact of crises on global power asymmetries.This book is essential for policymakers, legal professionals, international relations scholars, and anyone interested in understanding the multifaceted legal and institutional responses to conflicts and crises in the 21st century. Its interdisciplinary approach, combining legal theory with practical analysis, offers valuable insights into navigating today’s global challenges and shaping more effective responses for the future.

The book offers a comprehensive and innovative examination of how international law and institutions navigate the complexities of modern conflicts and crises. It is structured around four key themes which provide an integrated approach to understanding the legal and institutional responses to today’s global challenges.&nbsp;The first theme, 
 Public International Law in Conflicts and Crisis
 , critically explores the failures and gaps in current legal frameworks, such as the ineffectiveness of&nbsp;
 jus ad bellum
 &nbsp;and&nbsp;
 jus in bello
 &nbsp;in the Russia-Ukraine war and the limitations of international organizations, revealing the inadequacies of existing international regulations.&nbsp;The second theme, 
 Migration, Refugee Protection, and Human Rights in Contemporary Crises
 analyzes how global crises, including pandemics, exacerbate existing inequalities and disrupt traditional protection frameworks. It offers a critical analysis of the legal status of settlers, the protection challenges for unaccompanied refugee children, and the broader implications of global crises on human rights.&nbsp;
 Geopolitical Dynamics and Institutional Responses in a Changing World
 forms the third theme, analyzing how shifting power structures and geopolitical tensions reshape international law and institutional responses. This section provides insights into regional conflicts, such as those in Southeast Asia and the Middle East, examining how global governance struggles to adapt to evolving challenges.&nbsp;The final theme, 
 Evolving Socioeconomic Landscapes of Power Structures Amid Crisis
 , focuses on how crises influence corporate responsibility, economic resilience, and international trade. Introducing innovative legal perspectives like Egocentric Legal Formalism (ELF), it explains the impact of crises on global power asymmetries.
 This book is essential for policymakers, legal professionals, international relations scholars, and anyone interested in understanding the multifaceted legal and institutional responses to conflicts and crises in the 21st century. Its interdisciplinary approach, combining legal theory with practical analysis, offers valuable insights into navigating today’s global challenges and shaping more effective responses for the future.

International Laws and Regulations Through Conflicts and Crisis in the 21st Century

International Studies in the Theory of Private Law

Constitutional Rights in Private Law

FROM THE SUNDAY TIMESBESTSELLING AUTHOR OF MONEY: A USER'S GUIDEWe vow for richer for poorer. We sacrifice for our children, we give back to our parents. Because in true love and family matters, money's irrelevant and it would be terrible to suggest otherwise. Right?So why - in the privacy of the therapy room - does money emerge as one of the biggest causes of tension for modern couples? Why is it cited as the major factor in family estrangement between parents, children, and siblings? Why is there a trend for the 'Bank of Mum and Dad' to go to court to retrieve loans they regret handing over?In MONEY: A USER'S GUIDE, Laura showed us how to save into a pension and understand investment. This time, she delves into the really complex stuff - a non-judgemental examination of whether there is a "right" way to share our money with those we love, and what everyone else does behind closed doors. A book that none of us want to admit we need.How do you decide who picks up the bill, or what goes in the joint account? Is your partner being generous or controlling? Is this house mine if your parents paid most of the deposit? How much are you prepared to spend to have a baby? When should we give money to our kids, our mum and dad, our siblings, our community? Should they pay us back? What does everyone else do? Why don't we know? And why does it feel so agonisingly awkward to ask?This is a book of personal finance advice told through real stories about other people's modern money and relationship dilemmas.Laura speaks to financial advisers and wealth managers, marriage counsellors and matchmakers, philosophers, religious leaders, funeral directors and divorce lawyers, to get to the bottom of the questions that can be much more fundamental to our wealth and happiness than where to put our savings.

We vow for richer for poorer. We sacrifice for our children, we give back to our parents. Because in true love and family matters, money's irrelevant and it would be terrible to suggest otherwise. Right?

The Modern Money Questions That Could Save Your Relationships

Yours or Mine?

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

Drawing on broader legal-political discourses within the party-state and institutionalised academia, this book shines a light on one of the most controversial legal principles in Chinese criminal justice: the presumption of innocence. It argues the reasons why there is no presumption of innocence in China, tracing the curve, or evolution, of academic discourse about presumption of innocence against the backdrop of changing politics, or varying emphases on national conditions, from Mao Zedong to Xi Jinping. The book deepens our understanding of the trajectory of criminal justice reforms in the party-state and shows how the more open and liberal phases of the reform era opened up some space for pluralist views and constructive criticism. In comparison, the second wave of autocratisation of the system influenced the conception of the criminal and paved the way for an illiberal turn.

Presumption of Innocence Under China's 'National Conditions'

A fairer, healthier, more caring and sustainable society is entirely within our grasp. The renowned co-author of The Spirit Level shows us the way.'An uplifting vision for solving inequality that benefits everyone' ANDY BURNHAM'Poverty and inequality are at the heart of all our problems. Kate Pickett's book shows how tackling them must be at the heart of our solutions too' ZACK POLANSKI'Just what these times are crying out for' KATE RAWORTHHow do we ensure that everyone has good health and receives the care they need? How do we provide education that allows every child to flourish? How do we ensure safety, justice and a sustainable environment for all?In this inspiring book, world-leading social scientist Kate Pickett shows that to make a good society - in which everyone has what they need to be well, and everyone would be better off - we must prioritise the health, care, education and rehabilitation of those who have the least and suffer the most. Drawing on decades of evidence and pioneering success stories from across the globe, The Good Society cuts to the essence of the challenges we face and presents us with a practical, galvanising, perspective-shifting vision for how to tackle them.'Genuinely transformative. A powerful and deeply humane vision that focuses on what really matters' DANIEL CHANDLER'Daringly optimistic' FINANCIAL TIMES'Electrifying' POLLY MORLAND'Vital ... shines a light for hope' INDEPENDENT

And How We Make It

The Good Society

The Privatisation of Indigenous Land Tenure and the Future of African Indigenous Law

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