This book explores the means by which economic liberalisation can be reconciled with human rights and environmental protection in the regulation of international trade.
Entirely dedicated to the topic of the incorporation of charterparty terms into bills of lading, this book discusses and analyses the legal and practical issues surrounding this topic under English and US law.
Controversial erosions of individual liberties in the name of anti-terrorism are ongoing in liberal democracies. The focus of this book is on the manner in which strategic discourse has been used to create accepted political narratives. It specifically links aspects of that discourse to problematic and evolving terrorism detention practices that happen outside of traditional criminal and wartime paradigms, with examples including the detentions at Guantanamo Bay and security certificates in Canada.
This book suggests that biased political discourse has, in some respects, continued to fuel public misconceptions about terrorism, which have then led to problematic legal enactments, supported by those misconceptions. It introduces this idea by presenting current
This book is a study of doctrinal and methodological divergence in the common law of obligations. It explores particular departures from the common law mainstream and the causes and effects of those departures. Some divergences can be justified on the basis of a need to adapt the common law of contract, torts, equity and restitution to local circumstances, or to bring them into conformity with local values. More commonly, however, doctrinal or methodological divergence simply reflects different approaches to common problems, or different views as to what justice or policy requires in particular circumstances. In some instances divergent methodologies lead to substantially the same results, while in others particular causes of action, defences, immunities or remedies
This book analyses the current state of child soldiering internationally. The proscriptive content of contemporary norms on the prohibition of the use and recruitment of child soldiers is evaluated to determine if they are capable of better enforcement.
This is the first edited volume to address the dynamics of the legal system of Myanmar/Burma in the context of the dramatic transition to democracy that formally began in 2011.
This text on revenue law is designed for students taking the subject in the final year of their law degree course or more advanced courses. It covers income tax, capital gains tax, corporation tax and inheritance tax. The book's sections include material on international matters and the taxation of savings; attention has also been paid to the impact of EC law. It not only provides an account of the rules, but also includes citation of the relevant literature from legal periodicals and some discussion of or reference to the background material in terms of policy, history or other country's tax systems. The text has been derived from the relevant parts of Butterworth's "UK Tax Guide", supplemented by the background material which has been updated and rewritten.
As part of the European integration, an ambitious programme of harmonisation of European private law is taking place. This new edition in the Swedish Studies in European Law series, the work of both legal scholars and politicians, aims to create a modern codification in the tradition of the great continental codifications such as the BGB and the Code Civil. A significant step towards this development was taken in 2009 with the creation of the Draft Common Frame of Reference which contains model rules for a large part of central private law.
The process raises a number of questions. What are the advantages and disadvantages of such an intensive process of harmonisation? Are there lessons to be learnt from the Europeanisation of private law through history? Are there
This book explores the application of international law to the Chagos Islanders, exiled following the creation of the British Indian Ocean Territory (BIOT).
The instinctual desire to support those in need, irrespective of geographic, cultural or religious links, is both facilitated and overwhelmed by the extent of information now available about the multiple humanitarian crises which occur on a daily basis around the world. Behind the images of devastating floods and earthquakes, or massive forced displacements resulting from armed conflicts, is the all too real suffering faced by individuals and families. From the 2004 Indian Ocean Tsunami to the on-going conflict in Syria, recent years have seen an increasing debate regarding the international legal mechanisms to protect persons in such humanitarian crises.
The International Legal Protection of Persons in Humanitarian Crises argues that an acquis humanitaire is
James M Landis - scholar, administrator, advocate and political adviser - is known for his seminal contribution to the creation of the modern system of market regulation in the USA. As a highly influential participant in the politics of the New Deal he drafted the statute which was to become the foundation for securities regulation in the US, and by extension the founding principle of financial market regulation across the world. He was also a complex and in some ways tragic figure, whose glittering career collapsed following the revelation that he had failed to pay tax for a five year period in the 1950s. The oversight was to cost possible elevation to the Supreme Court, forced prosecution and sentencing in 1963 to one month's imprisonment, commuted to forced
