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The Yearbook of Polar Law Volume 17, 2025

Brill | Nijhoff

The Yearbook of Polar Law Volume 17,
2025

This open access book establishes an interpretative framework by means of a functionalist-originalist reading of EU law and comparative federalism, in particular US constitutional law. The EU is undergoing one of the most profound structural crises of its history, relating to the rule of law and fundamental rights. The author conceptualises the existential question in terms of ontology, constitutional legitimacy, doctrine and institutional process. By providing the first conceptual methodology (based on comparative federalism and focusing on law and rights) the book develops proposals which can be used to address the EU's current constitutional challenges. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Provides an exciting new statement on how best to understand the current constitutional crisis faced by the EU by drawing on comparative federalism.

A Comparative Perspective

The Diagonality Problem of the EU Rule of Law

'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

Anthem Environment and Sustainability Initiative

This book considers the value of constitutional environmental rights in protecting water resources through an examination of the legal strategies utilized by communities engaged in protracted mining conflicts, including oil sands development in the Canadian boreal forest and gold mining in ecologically sensitive, glacier-rich areas of Argentina.

Water, Oil and Gold

The Power of Constitutional Rights in Resource Conflicts

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

Text, Guide and Analysis

Environment Act 2021

Addressing Agency Costs Through Monitoring and Corporate Litigation

Short-Termism and Shareholder Engagement

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

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

Nomos/Hart

This book provides an overview of the European energy law, laying the groundwork for understanding the energy industry. The book explains private and public law aspects of the energy industry and energy environment law. Starting from the internal energy market, current energy law and regulatory issues are explored, from the Energy Union to the globalisation of energy trading. In order to grasp the breadth of energy law, it is important to understand the European and international framework conditions. This knowledge is a prerequisite for successful work in the energy industry, politics, administration and associations. Last but not least, it is also the basis for understanding the energy transition.

A Handbook

European Energy Law

¿This book provides a comparative perspective on the impact of the COVID-19 pandemic on different criminal law systems. To this end, the book brings together country reports from Brazil, Argentina, Spain, Portugal, Italy, Austria, Sweden, the Netherlands, Germany, Poland, France and Belgium.
All country reports address the same key issues in order to facilitate comparative conclusions. Those key issues re: criminal liability for spreading the coronavirus, criminal liability of medical staff in triage situations, criminal liability of political decision-makers, as well as further (country-specific) challenges in the context of the pandemic and criminal law. Furthermore, they explore domestic case-law and academic literature relevant in this context.This book will be useful for criminal law scholars and practitioners as well as policymakers around the world. The comparative approach of the book will provide them with a more informed and objective perception of their national systems and their respective approaches to COVID-19 and criminal law. Another key objective of this volume in the ICJ Series is to foster dialogue and an exchange of ideas between stakeholders of different nations and ultimately to enable cross-semination between different criminal law systems.Prof. Dr. Frank Zimmermann is Professor for Criminal Law and Criminal Procedure, European and International Criminal Law as well as Criminal Law and Digitalization at the Institute for Criminal Sciences, Dept. V, University of Münster in Münster, Germany.

Comparative Perspectives

Criminal Law and the Covid-19 Crisis

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

The Rule of Law in Context

How and why do the rule of law ideas shape the origins and functioning of the Russian state and society? 

This book explores how, over two centuries, the Russian meaning of the rule of law has been reflected in the legal doctrine, legislation, formal and informal practices of legal and political institutions, and also everyday life and the perceptions of Russian citizens at large and certain minority groups. 

The authors argue that legal dualism – the tension between constitutionalism and political expediency – explains the rise and fall of multiple ways in which the parts of the Russian state interact with each other and with citizens, and in which citizens and businesses interact among themselves both at home and abroad. 

Explaining the peaceful co-existence of these multiple ways of law, this book goes beyond the mainstream accounts of instrumental uses of law and lawlessness in Russia and offers novel ways of understanding the myriad ways in which law may matter in authoritarian regimes.

Power of Rulers, Power of Rules: Russia’s Legal Dualism in Action

The Rule of Law in Russia

The Yearbook of Polar Law Volume 17, 2025

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