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The Yearbook of Polar Law Volume 17, 2025

Brill | Nijhoff

The Yearbook of Polar Law Volume 17,
2025

Pandemics, Power, and Parliaments

Asia in Times of Crisis

Hart Studies in Private Law

This book provides a comprehensive study of two parallel notions of civil and common law: cause and consideration. It does this in three ways; with historical, comparative, and functional perspectives. Aspects of cause and consideration are hotly contested by contract lawyers and this book will bring clarity by looking at the English and Continental positions. Key areas of focus include: enforceability, questions of legality and morality, contractual justice, and the correction of unjustified property displacements. Bringing together a team of experts, the book discusses (in some cases for the first time in English) complex questions of both academic and practical importance.

Exploring the Foundations of Contract Law

Cause and Consideration

This book explores the historical, comparative and global dimensions of the constitutional phenomenon. From the origins of constitutionalism to the diverse trajectories of North American and European constitutionalism, the book considers pivotal moments in the emergence and evolution of formal Constitutions as the main structure of constitutional governance. It presents a critical inquiry into the realities that lie beneath the surface of formal constitutional documents. From the struggles for democratic governance in Latin America to Asia's delicate balance between tradition and modernity and Africa's post-colonial arrangements, the book poses a critical query: amidst the promises of democratic ideals, do formal Constitutions always translate into effective governance? What are the lessons of 'facade' Constitutions on the tension between formal documents and the realities of governance? The book explores the past and present of constitutional governance in the first quarter of the 21st century and offers insights on the future of constitutionalism. By assessing the normative quality of Constitutions and exploring the intrinsic link between them and representation, it offers an understanding of the essence and trajectories of constitutional thought and practice. The Rise of Constitutionalism is a must-read for anyone fascinated by the enduring legacy and evolving nature of the constitutional phenomenon.

A Global Perspective

The Rise of Constitutionalism

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

European and Comparative Perspectives

Access to Justice for Small Businesses

Modern Studies in European Law

This collection explores the cooperation between the European Union and the Nordic states.

It tracks its evolution from informal arrangements to highly legalised arrangements. Drawing on expert contributions, it gives a full understanding and elucidation of the impact of the interplay of these legal regimes and cultures. Each chapter takes a comparative Nordic perspective, combining it with the EU legal perspective. Drawing on both academic and practitioner perspectives, this important work offers fascinating insights into this unique relationship.

This collection explores the cooperation between the European Union and the Nordic states.

It tracks its evolution from informal arrangements to highly legalised arrangements. Drawing on expert contributions, it gives a full understanding and elucidation of the impact of the interplay of these legal regimes and cultures. Each chapter takes a comparative Nordic perspective, combining it with the EU legal perspective. Drawing on both academic and practitioner perspectives, this important work offers fascinating insights into this unique relationship.

50 Years of Legal Integration

Nordic Cooperation and the European Union

Alabama Water-Resources Law is first truly comprehensive study examining the structure and shortcomings of Alabama's water law. This prodigious treatise provides a necessary tool to help the state and its people understand and prepare for the wise use of its water resources. Part I provides a clear and critical statement of Alabama's current water law in eleven chapters. Part II expands on the criticisms of existing Alabama law, recounts the history of previous efforts at addressing those criticisms, and makes recommendations for change, taking lessons from other southeastern states.This is a must-read for all Alabama policy-makers, attorneys, and concerned citizens to answer water-law questions and to make proactive laws to bring Alabama into twenty-first-century practices.

A Critical Treatise

Alabama Water-Resources Law

By exploring the historic development of marriage laws and changing relationship norms in England, Qatar and Australia; the legal treatment of religious-only unions in light of the family law regime in each country, and the impact of non-recognition, this book reveals the complexities of the law reform needed to tackle these issues. This examination of the differing outcomes for couples who live in England/Wales where cohabitants have no legal rights, Australia where cohabitants do benefit from some legal protections, and Qatar, a Muslim majority state with a modern family law regime which ordinarily recognises religious marriages provides a broad canvas for exploring this issue in depth. The book looks at this very complex issue from a range of perspectives including autonomy, cultural transitions and legal pluralism. It examines the issue of religious-only marriages in order to convey the complex and interwoven narrative which signifies how multifaceted law reform must be in order to adequately respond to these transitioning relationship norms in any given jurisdiction. Of course, relationship norms are not static and they continue to evolve. In light of changing norms and practices, the theoretical framework for this book focuses on the concept of 'liminality' or transition, which is being witnessed in the processes and formalities by which Muslims are entering their marriages.

England, Qatar and Australia

Muslim Marriages in Transition

This book explores the often-overlooked democratic principle of 'rotation of power'. It considers two key questions: what happens when power stops changing hands in a democracy, and when incumbents manipulate the system to entrench themselves in office, can democracy survive? Democracies are often celebrated for their ability to ensure accountability and renewal through the peaceful and unhindered alternation of power. Yet, they are not immune to a dangerous phenomenon: political self-entrenchment. This phenomenon occurs when incumbents, unilaterally or collectively, exploit the power of office to dominate the political arena, tilt the playing field, and distort democratic competition. Contributing to scholarly and judicial debates, this book offers a fresh perspective on this issue by focusing on the cornerstone value of democracy: the rotation of power. Through sharp analysis and case studies from multiple jurisdictions, this book tackles the following critical questions: why is the rotation of power fundamental to democracy? How do incumbents undermine it? And, crucially, how can we protect democratic competition from those who seek to monopolise power?

A Theory of Democratic Competition

Rotation of Power

This collection addresses a glaring gap in comparative and international law literature. Rich, nuanced and multi-faceted, Chinese legal culture is fascinating but little understood outside the country's borders, due to language barriers and the complexity of its society and governance. This book addresses this gap by identifying key aspects of Chinese law that most contribute to China's role as a global player. Organised around the themes of stability and prosperity, it covers important topics such as the Chinese political and constitutional system, the Chinese criminal justice system and the evolution of Chinese law. It goes further to look at China on the world stage, exploring cross-border commerce, international trade and investment, foreign policy and Chinese perspectives on international law. Written by talented scholars based both inside and outside China who have a deep understanding of the subjects, it offers unique insights into one of the lesser known but arguably most impactful of the world's jurisdictions. Legal scholars, law students, as well as practising lawyers engaged in commercial activities related to China will find this book invaluable.

Chinese Law in a Global Context

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

Biodiversity Net Gain (BNG) is a conservation approach designed to ensure that any development or land-use change results in a measurable increase in biodiversity compared to the baseline conditions prior to the project. This concept transcends the traditional mitigation of environmental impacts, emphasising the enhancement and restoration of ecosystems and biodiversity. Biodiversity Net Gain Law and Practice provides a comprehensive understanding of the legal frameworks and policies that govern the protection and enhancement of biodiversity. This book explores the intersection of environmental, planning, and development laws and highlight how these regulations work together to ensure sustainable development and conservation efforts. It looks at key legislation such as the Planning Act 2008, the Town and Country Planning Act 1990, and the National Planning Policy Framework. Through case studies, legal analysis, and policy discussions, this book illustrates the practical applications and challenges of implementing biodiversity laws, and compares their success in the UK, Europe, India, Australia, Japan and South Africa. This title is included in Bloomsbury Professional's Environmental Law online service.

Biodiversity Net Gain Law and Practice

The Yearbook of Polar Law Volume 17, 2025

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