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The Yearbook of Polar Law Volume 17, 2025

Brill | Nijhoff

The Yearbook of Polar Law Volume 17,
2025

The Toxicity and Human Health Risks of Chemicals in our Environment

Calculated Risks

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

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

Hart Studies in Constitutional Theory

This book challenges the near-universal acceptance of a US-style, Western constitutional paradigm as the best basis for comparative constitutional studies. It does so on three main grounds: anachronism, 'othering' and cultural specificity. Main pillars of 'convergent constitutional theory' are rooted in the revolutionary, late-eighteenth century - a lost world; constitutional arrangements that deviate from the paradigm are often branded as 'outliers' or even as not constitutional at all; and the foundations of the paradigm in liberal democracy give no space for other forms of constitutionalism. Whatever the attractions of convergent theory as a normative ideal of good government, for the purposes of understanding, analysing and explaining constitutional systems it is far from ideal. This book discusses and questions: convergent theory's weddedness to writing as the technology of constitution-making; its image of a constitution as fundamental law; its idea that a constitution expresses the 'sovereignty of the people'; its use of tripartite separation of powers as the basic principle of institutional design; its relative neglect of administrative law; its association of 'rights' with judicially enforceable bills of rights; and its obsession with a vaguely specified concept of 'democracy'. It makes suggestions for alternative, preferable methods of understanding, analysing and explaining constitutions, and governmental and constitutional systems.

The Distorting Lens of Convergent Constitutional Theory

Constitutional Systems of the World

A Contextual Analysis

The Constitutional System of Turkey

Studies in Private International Law - Asia

This book discusses private international law rules relevant to environmental disputes in Asia that involve corporations, surveys 12 Asian jurisdictions, and proposes areas for reform. The volume is split into two sections. The first of these is dedicated to framing and discussing specific issues, such as the liability of corporations, directors and investors for environmental wrongdoing, or the recognition and enforcement of foreign judgements and awards on environmental disputes - and how domestic rules may affect private international law. The second section outlines the rules of select Asian jurisdictions that are relevant to environmental disputes involving corporations, and suggests areas for reform. Jurisdictions covered include China, Hong Kong, India, Indonesia, Japan, Malaysia, Philippines, Singapore, South Korea, Taiwan, Thailand, and Vietnam. Jurisdiction-specific chapters outline the private international law rules of select Asian jurisdictions that are relevant to environmental disputes involving corporations, and suggest areas for reform. Jurisdictions include: Indonesia; Thailand; Singapore; Malaysia; Philippines; Vietnam; China; Hong Kong; Taiwan; India; Japan and South Korea.

Environment, Corporations, and Private International Law in Asia

Farmed Animals and the Law: Legal Pathways Beyond Intensive Farming is a concise and practical guide to the laws regulating farmed animals in the UK, placing them within the wider context of food system governance and climate commitments. Farmed animal law is often equated with welfare legislation, but in reality it spans a wide range of domains: subsidies and competition, investment and finance, markets and trade, food safety and standards, sanitary and phytosanitary rules, labelling and consumer protection, as well as planning and environmental law. Together, these frameworks shape the UK food system and influence how the country meets its international obligations, including under the Paris Agreement. With around 85% of farmed animals in the UK reared in intensive systems, the handbook focuses in particular on the regulation and future of intensive farming. Despite their importance, these legal regimes remain fragmented and underexplored. Lawyers working in specialist fields often lack a broader point of reference, while NGOs and campaigners may not have the expertise to navigate technical frameworks. This book addresses that gap by providing a clear, accessible overview that combines legal accuracy with usability. Each chapter is designed for quick reference: setting out the relevant statutes, regulations, and case law, explaining their operation, and identifying the practical implications for enforcement and accountability. The book moves from the immediate level of farm welfare and planning permission through to international trade and climate regimes, tracing the links between animal agriculture, markets, and sustainability. The result is a unique resource - authoritative yet approachable, academically grounded yet practice-focused - for lawyers, students, NGOs, and others concerned with the future of farming, food, and climate. This title is included in Bloomsbury Professional's Property and Land Law online service.

Legal Pathways Beyond Intensive Farming

Farmed Animals and the Law

This book offers the first ever in-depth analysis of the emerging constitutionalism in South Sudan and the challenges it faces. The book critically analyses the constitution-making processes that occurred in South Sudan between 2005 and 2011, finding, among other things, that there was a failure of constitutional discourse, particularly in relation to the 2011 drafting process of the Transitional Constitution. It goes on to analyse how the constitution is being implemented. It finds that, despite the clear division of powers and functions between the national government and the sub-national governments, what has emerged in South Sudan in the post-constitution-making period is a form of coercive centralism where the national government controls much of the political decision-making process. This has had serious implications for democracy, constitutionalism, and the rule of law. Finally, bearing in mind the failure in both how the transitional constitution was made and how it is being implemented, the book undertakes a critical analysis of the proposed process for drafting a new constitution for South Sudan. It identifies serious shortcomings and proposes how these could be addressed to enhance the process.

Challenges and Opportunities

Emerging Constitutionalism in South Sudan

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.

The Constitution of Bangladesh

Constitutionalism in Asia

This book presents an in-depth interrogation of the theory and application of the Basic Structure Doctrine in the Federation of Malaysia. The Basic Structure Doctrine, famously introduced in the 1973 Indian Supreme decision of Kesavananda Bharati v State of Kerala AIR - which held that certain core or fundamental features in the Constitution of India could not be amended by Parliament even if it met all procedural requirements - was initially rejected when it was first argued in Malaysia in the 1975 case of Loh Kooi Choon v Government of Malaysia and lay dormant for the next three decades. Judicial winds shifted in 2010 when Malaysia's apex court, the Federal Court, cited Kesavananda with approval in the case of Sivarasa Rasiah v Badan Peguam Malaysia &amp; Anor, and observed that it was 'clear from the way in which the Federal Constitution is constructed that there are certain features that constitute its basic fabric' and that 'any statute (including one amending the Constitution) that offends the basic structure may be struck down as unconstitutional.' In a quick succession of cases, the Federal Court cemented this doctrine in Malaysia's jurisprudence and deployed it to defend the court's judicial power. These widely-publicised cases generated much debate beyond the legal fraternity and judiciary and often polarised different sectors of Malaysian society. This collection of essays responds to this extremely important debate on the limits of constitutional amendments as a form of constitution-making in Malaysia by considering the theory behind the Basic Structure Doctrine and critically examining how it has been harnessed by the Federal Court and by other political actors - most notably Islamists and secularists; and royalists and republicans - on the ground.

Themes and Perspectives

The Basic Structure Doctrine in Malaysia

Hart Studies in Comparative Public Law

Theory, Practice and Problems

Automation in Governance

This book is an essential foundation text for oil and gas law as an area that has developed over the last decades, and considers its relevance to the UK oil and gas industry, with the UK government's commitments to reach net zero emissions by 2050. Split into four parts, the book considers the general framework of the International oil and gas industry; offers practical information on the overall UKCS framework; provides useful guidance on how to negotiate and review oil and gas contracts; and examines the future of the UKCS Oil and Gas industry. The Third Edition has been fully updated to include: - New rules for oil and gas drilling - The landmark case of R (Finch on behalf of the Weald Action Group &amp; Others) v. Surrey County Council (&amp; Others) - Technological advances - The UK's plans to reach net zero by 2050 Oil and Gas Law in the UK is written in a clear and reader-friendly style and includes detailed appendices on cross-boundary agreements and guidance on disputes. This title is included in Bloomsbury Professional's Environmental Law online service.

Oil and Gas Law in the UK

The Yearbook of Polar Law Volume 17, 2025

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