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Meierhenrich Jens: The Violence of Law

The Violence of Law

The Formation and Deformation of Gacaca Courts in Rwanda

The Law of Economic Regulation provides a detailed analysis of the law specific to economic regulation and the practice of that law. This book is unique in dealing with the key elements of economic regulation - such as rule-setting, regulatory investigations and disputes, enforcement and appeals on a cross-sector basis, offering a resource to practitioners in each sector who currently have few efficient options to see how other sectors deal with a specific issue. As the number of regimes, and their jurisprudence, continues to grow, the legal issues arising have increased in importance. Whilst the focus of this book is on UK sector regimes, it uses other comparisons where relevant, including UK and EU competition law, and sectoral regimes in other jurisdictions from the EU, USA and beyond, where that best illustrates a particular point. It answers questions, such as: - What rules apply to major regulated companies? - How do the rules vary between regulated sectors? - What is the point of economic regulation? - How do regulators make decisions? - Can decisions by regulators be challenged, and if so, how? With contributions from leading specialists in their areas, this title is essential reading for all legal practitioners specialising in regulation, competition law, energy law, telecommunications law, environmental law and transport law. This title is included in Bloomsbury Professional's Practice and Procedure Law online service.

The Law of Economic Regulation

'This new edition tells you all you need to know about how construction defects in homes occur, how they might be prevented, and how they might be cured.' &gt;The first edition of Residential Construction Law in 2021 offered the only systematic and analytical overview of the legal framework for residential construction. Since then, there have been significant legislative and caselaw developments across the UK, Aotearoa New Zealand, Australia and Ireland. In this second edition, the authors and their team of specialist contributors have completely revised the content, taking these changes into account. This new edition refers to more than 350 new cases, along with ground-breaking reforms like the UK's Building Safety Act 2022 and lessons from the September 2024 Phase 2 report of the Grenfell Tower Inquiry. The book also anticipates planned reforms, including sweeping changes in several Australian states. &gt;Accompanying online resources for this title can be found at bloomsbury.pub/residential-construction-law

The Uk, Ireland, Australia and New Zealand

Residential Construction Law

This open access book brings together scholars primarily from the Global South, rooted in critical legal traditions, who reflect on international law and its role in (re-)producing social hierarchies in times of crisis and catastrophe. How should legal scholars articulate critique in catastrophic times? Should critical voices tone it down, in favour of pragmatism, when faced with deteriorating social conditions, growing inequality, protracted violence, planetary collapse, authoritarianism, and xenophobia? Or are they more urgently needed than ever? Critical scholarship has long warned of the limits of international law and its complicity with structures and relations of domination and the (re)production of social hierarchies. Yet, contemporary catastrophes have led to its revitalisation as a language of both expert counsel and political demand, drowning out calls for structural change for the sake of realism and stability. This book was inspired by two distinct, yet related, developments. One is the mobilisation of, and against, law by social movements representing the interests of distinct socially constructed groups facing crisis or catastrophe. The other is the reception of, and response to, such mobilisation by international law scholars and practitioners. 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 Swiss National Science Foundation.

International Law, Critique, and Structural Change

Social Hierarchies in Catastrophic Times

Landmark Cases

From Van Gend en Loos and Costa v ENEL to Cassis de Dijon and Consten and Grundig, Landmark Cases in EU Law explores the most important and well-known EU law cases in two volumes. These volumes show how the European Court of Justice has played a fundamental role in the construction of the European Union in the past 70 years. Many EU 'landmark' cases have been controversial, yet no-one can deny that they have been essential in defining the Union legal order as we find it today. Volume 2 explores the 'substantive' cases that have shaped the Union's internal market, its competition law as well as its internal and external policies. Each of the twenty cases within this volume is placed in its historical and doctrinal context, and each chapter also presents the history of its reception by the Court and academia.

Substantive Cases

Landmark Cases in EU Law, Volume 2

This volume explores in detail the use of the doctrine of good faith in the common law when interpreting contracts and resolving disputes. Building on the findings of Good Faith and Relational Contracts (Hart, 2024) the book discusses the implications of relational contract theory and good faith for issues such as liquidated damages clauses, discretion to terminate a contract, contract forfeiture, employment contracts and contractual remedies. The author discusses the potential for good faith to unite a number of currently disparate contract law and equitable principles into a coherent framework, providing an opportunity to question and jettison some archaic aspects of existing doctrine that are no longer defensible. Ambitious and thoughtful, this is a significant statement on the role of good faith in private law.

Application to Specific Principles

Good Faith and Relational Contracts, Volume 2

Why Intersectional Discrimination Matters

Breaking Down Barriers to Rights for Unaccompanied Children in Migration

Governments around the world are privatizing everything, with dramatic but largely ignored negative consequences for human rights. This open access book outlines the response that is urgently needed. Corporations are being given control over water, healthcare, housing, public transportation, child welfare services, aged care, and much else. Privatization is promoted by international financial institutions, consulting firms, and development actors as the answer to public finances devastated by the very tax cuts insistently pushed by these groups. Their pitch is based upon a mythology that extols the virtues of an idealized market while ignoring the heavy human rights costs incurred. Building on the latest evidence and on specially commissioned case studies, this book shows how the touted 'efficiency' of the private sector is often predicated on higher charges and/or reduced services, destructive employment practices, and the highly predictable exclusion of many users. Privatization generally costs states more money, marginalizes democratic decision-making, and transforms citizens from rights-holders into customers while sidelining accountability. The authors develop an approach designed to enable human rights actors, including courts, UN treaty monitoring bodies, and NGOs to move beyond their longstanding agnosticism towards privatization. It starts with a presumption that privatization is inherently retrogressive in human rights terms. Whatever mix of public and private is reflected in any given arrangement, governments must retain the degree of control necessary to ensure respect for rights, and the legal, financial and administrative ability to do so. The book charts a new direction for responding to the ever-growing threat that privatization poses to human rights. The ebook editions of this book are available open access under a CC BY 4.0 licence on bloomsburycollections.com.

Destroying the Social Contract and Empowering Corporate Actors

Privatizing Human Rights

Code of Federal Regulations, Title 42 Public Health

Title 42 presents regulations that apply to: medical personnel; medical care and examinations; health related grants; fellowships, internships, and training; quarantine, inspection, and licensing; occupational safety and health research; health assessments; vaccines; Medicare and medical assistance programs; and standards and certification of facilities and services. Additions and revisions to this section of the code are posted annually by October. Publication follows within six months.

Code of Federal Regulations, Title 42 Public Health 414-429, 2025

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

This collection brings together revised, updated and new essays on EU citizenship by one of the leading commentators in the field. This important collection argues, in the face of increasing pessimism (not least from other citizenship lawyers), that EU citizenship offers much to admire and celebrate. The author explores the question from three perspectives; firstly looking at the status of citizenship in Europe before moving onto perceived points of issue. Finally, the author sets out the added value of citizenship, concluding that despite all the challenges faced, it is well placed to deal with future challenges both in the medium and long term. This is an important statement on the current and future status of a key tenet of European Union law by one of its leading commentators, and will be required reading for all scholars in the field.

Brings together revised/updated and new essays on EU citizenship by one of the leading commentators in the field.

Ius Tractum of Many Faces

European Citizenship

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

Multilateral environmental agreements have over the last four decades emerged as the preferred avenue to address inter-state environmental issues such as climate change. This book analyses the possibilities as well as the limitations of environmental treaty making between states. The book considers the structures and processes that lead to the successful adoption of the Paris Agreement - and contrasting them with other attempts that failed in bringing states together under a legally-binding solution. Christina Voigt explores the whole "life-cycle" of multilateral environmental agreements. Also emphasised is the impact of emerging economies in shaping international environmental regimes.

Multilateralism has been increasingly accepted as the modus operandi in world politics, and in global environmental politics in particular. International environmental law in the form of multilateral environmental agreements has over the last four decades emerged as the preferred avenue to address inter-state environmental issues that either cross state boundaries, materialize beyond national jurisdictions or are of genuinely global nature such as climate change.This book analyses the possibilities as well as the limitations of environmental treaty making between states. The book considers the structures and processes that lead to the successful adoption of the Paris Agreement – and contrasting them with other attempts that failed in bringing states together under a legally-binding solution. Christina Voigt explores the whole "life-cycle" of multilateral environmental agreements, from diplomatic exchanges, to treaty negotiations, to analyses of the treaty text, non-compliance mechanisms and finally to recourse to courts. It also emphasises the strong impact of the sovereign powers of emerging economies such as China and Brazil on the shaping of international environmental regimes.

Environmental Multilateralism and its Discontents

The Violence of Law

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