Law

This book offers a systematic analysis of recent maritime disputes in the East and South China Seas, and introduces new perspectives on recent developments in notable disputes in the region.

This book analyses the ways in which Article 9 of the Aarhus Convention enables environmental access to justice in the Balkans, a region at the epicentre of extreme climate change events.Adopting a law-in-context approach, the chapters explore national cultures and driving forces shaping the implementation of Aarhus standards in Albania, Croatia, Montenegro, North Macedonia, Romania, Slovenia, and Serbia, paving the way for their comparative assessment.The book combines EU law and the case law of the European Court of Human Rights with the bottom-up Europeanisation brought about by rising environmental protests and the activism of civil society organisations in the region. In doing so, it explores the extent to which these Balkan countries comply with requirements stemming from Article 9 of the Aarhus Convention, and whether, despite national differences, it is possible to talk about Europeanisation of access to justice in environmental matters.The interdisciplinary approach and geographical scope of the book make it an important read for academics and practitioners, as well as for the civil society sector and policy makers grappling with the normative and practical challenges around environmental access to justice - both in and beyond Europe.

This book analyses the equal citizenship claims of women and sexual and gender diverse people across several Asian jurisdictions. The volume examines the rich diversity of constitutional responses to sex, gender and sexuality in the region from a comparative perspective. Leading comparative constitutional law scholars identify 'opportunity structures' to explain the uneven advancement of gender equality through constitutional litigation and consider a combination of variables which shape the diverging trajectories of the jurisdictions in this study.The authors also embed the relevant constitutional and legal developments in their historical, political and social contexts. This deep contextual understanding of the relationship between sex, gender, sexuality and constitutionalism greatly enriches the analysis. The case studies reflect a variety of constitutional structures, institutional designs and contextual dynamics which may advance or impede developments with respect to sex, gender and sexuality. As a whole, the chapters further an understanding of the constitutional domain as a fruitful site for advancing gender equality and the rights of sexual and gender diverse people.The jurisdictions covered represent all Asian sub-regions including: East Asia (Japan, Taiwan, Hong Kong and South Korea), South East Asia (Malaysia, Singapore, Philippines and Indonesia), and South Asia (India, Nepal, Pakistan and Sri Lanka). The introductory framework chapter situates these insights from the region within the broader global context of the evolution of gender constitutionalism.

Punitive damages are private law's most controversial remedy. This book traces the development of the jurisdiction from the foundational decisions of Huckle v Money and Wilkes v Wood in England, to leading modern cases such as Harris v Digital Pulse Pty Ltd in Australia, Whiten v Pilot Insurance Co in Canada, Couch v AG (No 2) in New Zealand, PH Hydraulics and Engineering Pte Ltd v Airtrust (Hong Kong) Ltd in Singapore and Mathias v Accor Economy Lodging, Inc and State Farm Mutual Automobile Insurance Co v Campbell in the United States. Many of the decisions addressed are not only landmarks regarding punitive damages but are among the most important judgments delivered in private law more generally.The essays, which are written by leading scholars from a wide range of jurisdictions, cast new light on the cases covered. They do so by examining their historical antecedents and the impact that they have had on the development of the law. The full spectrum of issues regarding punitive damages is addressed including the insurability of punishment, constitutional constraints on the remedy's availability and whether the award should be confined to particular causes of action. The collection will be of interest to all scholars and students of private law. It concentrates on common law cases although civilian perspectives, drawn from France and Germany, are also offered.

This book explores the evolution of law codes in France, Germany, the Netherlands, and Belgium from the late eighteenth century to today. It delves into civil, commercial, and procedural codes, even uncovering the stories of drafts that never became law.

This book takes a full 360 macro to micro approach to understanding the problems presented by opioids. The macro approach examines the international role played by other countries in the production of foreign-made fentanyl currently flooding the streets of the United States. This approach continues when looking at the responses of various state and local governments but takes a micro approach when looking at the effects on individuals such as athletes, students, and patients in pain. This full spectrum approach allows the reader to gain an understanding of the opioid epidemic in a way that has never been presented in other sources. Opioids 360 addresses and explains critical issues, by having experts from various fields come together to focus their attention and knowledge on this problem affecting our nation. The chapters in Opioids 360 are written by experts in the fields of criminology, medicine, economics, psychology, sociology, communication, religion, and ethics. It also includes sections of students talking to students. In the "Beyond Opioids" chapter, five Methodist University undergraduate students talk directly to students across the country about medication issues involving PTSD, Anxiety, Depression, ADHD, and Drug seeking behavior. Practical policy recommendations are offered throughout the book. They are designed to educate as well as to help improve and save lives. This book would be of interest to students and scholars studying criminology, criminal justice, sociology, psychology, medicine, economics and many more.

Originally published in 1963, this book examines the tools and techniques of research to be applied in the field of international relations. The author takes the standpoint that at one extreme there is too strong a tendency to search speculatively for general principles by which to explain the nature of world politics.

Originally published in 1965, the author makes a strong case for the study of international relations, arguing that given the rational approach he advocates, it is possible to avoid a major war since no government wants one. His theories reach some controversial conclusions.

This volume explores ethical aspects relating to claims for mitigation arising from culpable state action (or inaction). It answers the important and controversial question: to what extent should the state mitigate sentencing for defendants who have been victims of state misconduct? The volume explores the normative justifications for mitigation and answers many intriguing questions. For example, in terms of the procedural challenges, should the offender have to prove a causal link between state wrongdoing or neglect and the offending? Can a court take judicial notice of state-induced social adversity and apply this consideration to all affected offenders? Other questions relate to the implications for courts and sentencing commissions which issue guidance to courts regarding mitigation at sentencing. To what extent is the offender less culpable as a result of state misconduct, and what are the limits of any resulting sentence reductions? Do sentence reductions for state misconduct undermine proportionality, or deprecate the seriousness of the impact on the victim of crime? Should this factor be included in any sentencing guidelines or possibly even as a statutory mitigating factor? Each contribution explores a distinct, cross-jurisdictional claim for mitigation on the basis of State negligence or misconduct towards the offender. The chapters all address the appropriate response of courts at sentencing.

Humans and Cyber Security: How Organisations Can Enhance Resilience through Human Factors delivers an applied approach to capturing and mitigating the risk of the human element in cybersecurity and proposes that it is easier to change organisational practices than it is individual behaviour.

In applying an intersectional feminist legal analysis of the European Court of Human Rights' case law in a variety of human rights issues, this book reveals a different and nuanced understanding of the gender issues. This book will be of interest to researchers in the field of European human rights law, gender and intersectional issues.

Understanding the Technology Behind Online Offending: A Guide for Professionals in the Criminal Justice System is a non-technical explanation of online offences by a cybersecurity expert, bridging the gap between the high-tech world of cybercrime and the non-technical professionals working within it.

Biotechnology, Gestation, and the Law presents the first comprehensive ethico-legal analysis of the nature of gestation and of technologies enabling gestation, offering a concept analysis grounded in ontology, phenomenology, politics, and law.

This book highlights the intersection between international investment law and sustainable development, particularly in the context of the right to regulate for public interest related to sustainable development. It will be of interest to students and scholars of international investment law, economic law and sustainable development.

This book provides a comprehensive guide to consumer Alternative Dispute Resolution (ADRs) and the unconventional challenges they pose for emerging economies, aiming to advance their growth within developing nations. It will be of interest to researchers in the field of dispute resolution, consumer law and technology.

This book examines the role that intellectual property plays in fostering innovation within knowledge societies, with a focus on the role of emerging technologies such as Artificial Intelligence tools. It will appeal to researchers in the field of Intellectual Property Law, international law, business law and emerging technologies like AI.

This book examines the challenge of negotiating and implementing new legal regimes addressing contemporary oceans challenges in the context of uncertain planetary futures.

Originally published in 1988, Gangland evokes the high drama of the weeks in the autumn of 1952 when PC Sidney Miles was shot and the subsequent trial of Bentley and Craig. Now a proven miscarriage of justice this account lays out the facts of the case including the public hysteria and media frenzy at the time.

Originally published in 1988, Rotten to the Core? asks who was the real Neville Heath? The author deals with Heath the psychopath, but it also depicts the curious post-war society which allowed him to take root and to flourish, showing that Heath the confidence trickster - and murderer - was a man of his time.