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Law and Justice in a globalized world

Consists of a selection of papers presented at the Asia-Pacific Research Conference on Social Sciences and Humanities. It contains essays on current legal issues in law and justice, and their role and transformation in a globalizing world. Topics covered include human rights, criminal law, law of the sea, good governance, democracy, foreign investment, and regional integration. The conference focused on Asia and the Pacific, two regions where law has taken an important position in creating and shaping the regional integrations, new legal institutions, and norms.

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Judges and Adjudication in Constitutional Democracies : A View from Legal Realism

Offers contributions to a philosophical and realistic approach to the place of adjudication in contemporary constitutional democracies. Bringing together scholars from different legal and philosophical backgrounds, purports to cast light on the role(s) of judges and the function of judicial interpretation inside of constitutional states, from the standpoint of legal realism as a revisited and sophisticated jurisprudential outlook. In so doing, also copes with a few major jurisprudential issues, like, e.g., determining the ideas that make up the core of legal realism, exploring the relation between legal realism and legal positivism, identifying the boundaries of judicial interpretation as they appear from a realist standpoint, as well as considering some skeptical outlooks on the very claims of contemporary legal realism.​

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Competition Authorities in South Eastern Europe : Building Institutions in Emerging Markets

Provides answers to key open questions concerning competition policy in emerging economies, with a focus on South Eastern Europe. The contributions address two major issues. One is the design of competition policy and the national competition authorities that enforce it, including the topics of competition advocacy and state aid control; the other is the use of economic methods in competition law enforcement, especially in the cases of relevant market definition and merger control. Many lessons learned in the countries of South Eastern Europe can be applied to the emerging markets of other regions. As such, the findings presented here will be highly relevant for officials and staff at national competition authorities, advisers to legislators shaping national competition policy, competition law professionals, and university students alike.

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Comparative and international criminal justice systems : policing, judiciary, and corrections

The Nature of Comparative and International Criminal JusticeThe Purpose of Comparative and International Criminal Justice Systems; Crime and Criminal Law: Global PerspectiveCrime: International and Comparative;Overview of Model Criminal Justice Systems

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Community-oriented policing and technological innovations

Presents new approaches and innovative challenges to address bringing technology into community-oriented policing efforts. “Community-oriented policing” is an approach that encourages police to develop and maintain personal relationships with citizens and community organizations. By developing these partnerships, the goal is to enhance trust and legitimacy of police by the community (and vice versa), and focus on engaging the community crime prevention and detection efforts for sustainable, long-term crime reduction. The contributions to this volume emphasize how technological innovations can advance community-oriented policing goals.

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China and the World in a Changing Context : Perspectives from Ambassadors to China

This book aims to present an overview of China and the world from diverse angles. It brings together essays by ambassadors to China on a range of bilateral and multilateral issues, including trade and investment, regional economic cooperation, sustainable development, technology and innovation, and entrepreneurship. Given their familiarity with China and extensive international experience, the insights of these ambassadors are useful for policymakers, academics, entrepreneurs, students, and anyone trying to make sense of our rapidly changing world.

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Children in Tort Law Part II : Children as Victims

Since children are not as capable as adults to perceive the risks involved in many situations of daily life, they are at a high risk of suffering personal injuries, mainly resulting from home, school and traffic accidents. From the tort law perspective, this requires a specific treatment of children as victims. For the last few decades some legal systems have been trying to find new solutions for a better protection of children, while other legal systems still follow more traditional rules. After having tackled the problems concerning the position of children as tortfeasors in a previous book, in this book the same working team deals with the problems related to the position of children as victims. This book analyses both the traditional solutions found in some legal systems and the newer solutions offered by others and devotes specific attention to damage issues, apportionment of damage and insurance problems when the victim is a child.

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Cases & materials on international law

A topical and engaging companion for study; placing international law directly in the context of contemporary debate. The book offers broad coverage of international law, and is an appropriate match for a range of courses and teaching styles.

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Capital Punishment and the Criminal Corpse in Scotland, 1740–1834

This book provides the most in-depth study of capital punishment in Scotland between the mid-eighteenth and early nineteenth century to date. Based upon an extensive gathering and analysis of previously untapped resources, it takes the reader on a journey from the courtrooms of Scotland to the theatre of the gallows. It introduces them to several of the malefactors who faced the hangman’s noose and explores the traditional hallmarks of the spectacle of the scaffold. It demonstrates that the period between 1740 and 1834 was one of discussion, debate and fundamental change in the use of the death sentence and how it was staged in practice. In addition, the study provides an innovative investigation of the post-mortem punishment of the criminal corpse. It offers the reader an insight into the scene at the foot of the gibbets from which criminal bodies were displayed, and around the dissection tables of Scotland’s main universities where criminal bodies were used as cadavers for anatomical demonstration. In doing so it reveals an intermediate stage in the long-term disappearance of public bodily punishment.

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Building the judiciary : law, courts, and the politics of institutional development

Building the Judiciary uncovers the causes and consequences of judicial institution-building in the United States from the commencement of the new government in 1789 through the close of the twentieth century.Explaining why and how the federal judiciary became an independent, autonomous, and powerful political institution.

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Buddhism and comparative constitutional law

The first comprehensive account of the entanglements of Buddhism and constitutional law,The authors also highlight the important ways in which Buddhist actors have (re)conceived Western liberal ideals such as constitutionalism, rule of law, and secularism.

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Bordieuan Field Theory as an Instrument for Military Operational Analysis

This book uses Pierre Bourdieu’s field theory as a lens through which to examine military operations. Novel in its approach, this innovative text provides a better, more nuanced understanding of the modern ‘battlespace’, particularly in instances of prolonged low-intensity conflict. Formed in two parts, this book primarily explores the scope of Bourdien theory before secondly providing a detailed case study of the Yugoslavian succession war of 1990-1992. Gunneriusson suggests that although theories do not necessarily provide answers, they do help us ask better questions. This volume suggests news lines of interdisciplinary investigation that will be of interest to members of armed forces, practitioners from NGOs, and policymakers.

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Big Data and Global Trade Law

Explores the relevance of global trade law for data, big data and cross-border data flows. Contributing authors from different disciplines including law, economics and political science analyze developments at the World Trade Organization and in preferential trade venues by asking what future-oriented models for data governance are available and viable in the area of trade law and policy. The collection paints the broad picture of the interaction between digital technologies and trade regulation as well as provides in-depth analyses of critical to the data-driven economy issues, such as privacy and AI, and different countries' perspectives.

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Between Peace and Conflict in the East and the West : Studies on Transformation and Development in the OSCE Region

This book features various studies on democratization, transformation, socio-economic development, and security issues in the Organization for Security and Cooperation in Europe (OSCE) geographical region and beyond. Written by experts and scholars working in the field of human dimension, security, transformation and development in Europe and Asia, particularly in post-soviet and communist countries, it examines the connectivity that the OSCE provides between the East and the West.

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Asylum Determination in Europe : Ethnographic Perspectives

The book includes a legal overview of European asylum determination procedures, followed by sections on the diverse actors involved, the means by which they communicate, and the ways in which they make life and death decisions on a daily basis. It offers a contextually rich account that moves beyond doctrinal law to uncover the gaps and variances between formal policy and legislation, and law as actually practiced.

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An introduction to law

this book addresses the ways in which rules and the structures of law respond to and impact upon changes in economic and political life. The title has been extensively updated and explores recent high profile developments such as the Civil Partnership Act 2005 and the Racial and Religious Hatred Bill.

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An Introduction to international criminal law and Procedure

Offers readers comprehensive coverage and a high level of academic rigour while maintaining its signature accessible and engaging style. Introducing the readers to the fundamental concepts of international criminal law, as well as the domestic and international institutions that enforce that law, this book engages with critical questions, political and moral challenges, and alternatives to international justice.

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An assessment framework for compliance with international space law and norms : Promoting equitable access and Use of space for emerging actors

proposes a framework for assessing countries’ levels of compliance with international space law and norms. It begins by exploring the development of two movements – the evidence-based policymaking and programming movement, and the rise of ratings and rankings research – and their growth across various disciplines. The analysis suggests that such efforts are useful in gauging the behavior of countries in space according to how well they adhere to existing space law and norms. To date, there is no comprehensive, periodic, and systematic measure of countries’ efforts to comply with space law and norms; this work endeavors to fill that gap by offering a framework in which to assess compliance.

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African Land Reform Under Economic Liberalisation: States, Chiefs, and Rural Communities

This book offers unique in-depth, comprehensive, and comparative analyses of the motivations, context, and outcomes of recent land reforms in Africa. Whereas a considerable number of land reforms have been carried out by African governments since the 1990s, no systematic analysis on their meaning has so far been conducted. In the age of land reform, Africa has seen drastic rural changes. Analysing the relationship between those reforms and change, the chapters in this book reveal not only their socio-economic outcomes, such as accelerated marketisation of land, but also their political outcomes, which have often been contrasting.

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Advancements in cybercrime investigation and digital forensics

Offers a comprehensive study on Advancements in Cybercrime Investigation and Digital Forensics, highlighting the most up-to-date tools that help to mitigate cyber-attacks and that extract digital evidence for forensic investigations to recover lost, purposefully deleted, or damaged files Vast manpower and resources are needed to investigate cybercrimes

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