Law

This book offers a comprehensive study of Latin America's historical relationship with odious debt and explores how this history informs a global critique of economics and international law. Pressing questions on bankruptcy, loss and damage, reparations, and the pursuit of a global moral economy are discussed.

New Property In International Law examines how international law consistently falls short when it comes to new property regulation, owing to the lack of a clear definition of 'property' in international law. The book considers and categorises new property into three areas; cultural property, common property, and contingent property.

Bringing together a variety of perspectives in much-needed conversation, Natural Law: Five Views helps readers to understand the various approaches to "natural law" theory within the Christian and classical intellectual traditions.?

Written by two leading scholars, Tort Law combines detailed coverage of the legal principles, supported by hypothetical case scenarios and guided further reading, with analysis of the key academic debates, theories and literature which underpin the subject making it ideal for use by anyone studying tort law at undergraduate or postgraduate level.

The book explores the regulatory and institutional aspects of global governance of space cybersecurity.

While Palestinians continue to face the threat of expulsion from their homes, identifying legal mechanisms that can be used to assert Palestinian's property rights is needed more than ever. This book provides a legal analysis of the right to reparation of Palestinian refugees under international law for the destruction and expropriation of their property during the Nakba . Discussing the legal landscape related to property ownership prior to the creation of the State of Israel and the legal basis for the right to reparation under international law, Lena El-Malak advocates for a law-based approach to enforce this right and the form it should take. The book demonstrates how the legal rights of Palestinian refugees, specifically as related to their properties, have been marginalized and excluded from the political discourse of the "peace process". Here, the legal rights of Palestinian refugees are demonstrated, challenges for invoking these rights in international and domestic courts are determined, and forms of restitution and compensation outlined. This study offers a timely contribution to provide a comprehensive legal, as opposed to a political, economic or historical analysis, of the right to reparation of Palestinian refugees for their property losses. Additionally, the book seeks to demonstrate the importance of adopting a legal framework in any future negotiation for a peaceful resolution to this long standing struggles for liberation.

A fascinating examination of the case law of the Inter-American Court of Human Rights establishing its effectiveness when protecting indigenous territorial rights.

This collection examines theoretical and practical issues concerning the relationship between freedom of religion or belief and other fundamental rights, in the context of secular States, from the perspective of human dignity.

A comprehensive analysis of Thomas Hobbes's theory of justice that newly clarifies the logic behind the philosopher's moral, legal, political, and international thought.

This open access book critically examines the policies and practices related to climate-related human mobility in Asia-Pacific and the legal and policy protection framework for climatically displaced migrants (CDMs) through an interdisciplinary human rights-based approach. While covering the policy and theoretical dimensions of mobility, it also evaluates the issue through empirical studies. The book illustrates how interdisciplinary rights-based approaches address and identify gaps in the protection framework for the region regarding dimensions of climate change displacement, migration, forced migration, susceptibility to climate change, and typology of climate change-induced displacement. Presenting multiple case scenarios, it recommends a legal mechanism based on human rights in a region brimming with variety and multiculturalism.Bringing together voices from the Asia-Pacific Academic Network on Disaster Displacement, the book examines issues that are immediately relevant in countries where they are living and working. In addition to academic perspective, the chapters also bring perspectives from positions held in national human rights institutions and government. They bring insight into lived experience and policy processes, seeking to avert, minimize, and address displacement, including through general disaster risk reduction and climate change adaptation initiatives, as well as specific initiatives around emergency preparedness for response and planned relocation and resettlement. The chapters examine diverse forms of human mobility, including displacement, planned relocation, and forced immobility. The combination of studies focusing on both sudden onset and slower onset movement is also distinctive. With a thorough understanding of the interdisciplinary rights-based approaches to the issue, students, researchers, policymakers, administrators, and all those engaged in studying these topics can quickly evaluate and appreciate how the rights of CDMs are protected on a national, regional, and international level in Asia-Pacific.

This open access book deals with the backsliding of the rule of law in Poland and Hungary as one of the main problems of the EU. What began as a national phenomenon has become a general threat for the EU because the respect for the rule of law is a prerequisite for all other values of the EU enshrined in Article 2 of the Treaty on European Union. Media coverage and scholarly publications on these developments mainly focus on backsliding governments and judicial decisions concerning the issue. This book aims to inform the debate by adding another perspective and providing a broader view. Drawing on a comprehensive collection of parliamentary debates, we explore how MPs in Poland, Hungary, but also the Czech Republic, Slovakia and Romania referred to the rule of law from 1990 to 2021 and how their narratives differed across parties, countries and time.

The EEA Agreement extends the four freedoms (persons, goods, services and capital) to Iceland, Liechtenstein and Norway. It provides for equal conditions of competition and abolishes discrimination on grounds of nationality. The EFTA Court, celebrating its 30th anniversary in 2024, has jurisdiction over parties to the Agreement. This jurisdiction corresponds to that of the Court of Justice of the European Union over EU Member States in matters of EEA law. This collection of essays, written by members of the Court and external experts, reviews the successes and shortcomings of the Court, its interface with EU law, and its future development.

This book addresses South Asian Muslim women's lived experiences, whilst questioning dominant concepts of agency. Collectively, this volume showcases Muslim's women's diverse identities and desires that may be sidelined in dominant concepts of agency.

This book provides a global perspective on the accommodation of diversity within constitutional traditions, considering the most innovative approaches and legal instruments of the Global North and Global South. The introduction of the concept "Law of Diversity" is proposed as a theoretical framework to grasp ongoing developments in the area.

This book develops an original theory of decision-making based on the concept of plausibility. The author advocates plausible reasoning as a general philosophical method and demonstrates how it can be applied to problems in argumentation theory, scientific theory choice, risk management, ethics, law, economics, and epistemology.

This edited collection discusses the rule of law in the Amazon and the capabilities of the region's sovereign states to police their territory considering security matters.

This edited collection discusses the rule of law in the Amazon and the capabilities of the region's sovereign states to police their territory considering security matters.

Covering a broad chronology from the colonial era to the present, this volume's 28 chapters reflect the diverse approaches, interests and findings of an international group of new and established scholars working on American crime histories today.

Providing an original and innovative contribution to our thinking about the political nature and significance of restorative justice from the specific perspective of political philosophy, this book will appeal to students and scholars of restorative justice specifically and of criminal justice and criminology more broadly.

This book argues that Christianity has something of value to say about various issues of direct relevance to contemporary society, such as the place of human rights and individual claims of conscience. It shows that, in many cases, Catholic and Protestant thinking on areas such as natural law is not as divergent as it is often thought.

"AI is guaranteed to change nearly every aspect of our lives, but predicting how it will do so and determining what role law and regulation should play involve huge uncertainty.  Kovac gives us an insightful roadmap, using the tools of law and economics, to our bewildering future.  In the process, he also provides a comprehensive and necessary guide to understanding the regulatory and legal challenges we will face in the very near future."-Jonathan Klick, Charles A. Heimbold, Jr. Professor of Law, University of Pennsylvania and Erasmus Chair of Empirical Legal Studies, Erasmus University RotterdamThis book takes a comparative law and economics approach to explore the role of public and private actors in regulating generative artificial intelligence. The book provides an introduction and context for the creation of new generative AI technologies, now understood to be the chief goal of the leading AI companies. As autonomous 'super-intelligences', these technologies are still an unknown entity which nevertheless have profound implications for liberal democracy, consumer choice mechanisms, mutual trust, and political legitimacy.This book explores the deep challenges posed for lawmakers and how we can achieve an optimal form of regulation and governance of such unreliable technologies. Chapters investigate possible hybrid modes of regulation, such as a co-regulatory approach between private AI companies and public actors in addressing the issue of misinformation spread. It also explores mixed types of regulation toward research on new forms of AI, arguing that different levels of systemic risk posed by different technologies must be accounted for. Different contemporary and historical contexts for the regulation of unprecedented technical innovation are also considered, and new suggestions for policy are presented. This book is a timely resource which will be of interest to researchers and practitioners in economic governance, law and regulation, artificial intelligence, and comparative law.Mitja Kovä is full time Professor of Civil and Commercial Law at the University of Ljubljana, School of Economics and Business, Ljubljana, Slovenia. He is also a visiting lecturer at the Erasmus University Rotterdam, The Netherlands, at University of Ghent, Belgium, at the ISM University of Management and Economics in Vilnius, Lithuania, and at University of Vienna, Austria. He publishes in the fields of comparative contract law and economics, new institutional economics, consumer protection, contract theory and competition law and economics.

This book explores an increasingly important issue for legal systems across the world. It asks what do we lose and gain when legal proceedings go online? Adopting a multi-disciplinary socio-legal perspective, it draws on an emerging body of empirical evidence from the UK, Australia, Canada and the US about the ways in which digital justice is being conceived of and experienced. Insights are drawn from across the social sciences to discuss the interface of digitalisation with a range of issues such as due process, procedural justice, digital disadvantage, ceremony and ritual, science and technology studies and the dematerialisation of the civic sphere. Written accessibly and provocatively, it poses questions from a variety of different perspective with a particular focus on marginalised groups.