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Jurisdiction and arbitration agreements in international commercial law
This book offers a comprehensive study of the prerequisites, effectiveness, and enforcement of exclusive jurisdiction and arbitration agreements in international dispute resolution. It examines whether jurisdiction and arbitration clauses have identical effects in private international law and whether they have been or should be given the same treatment by most countries in the world. The book considers whether the Hague Convention on Choice of Court Agreements could be treated as a litigating counterpart to the New York Convention.
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.
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
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.
Common Law, Civil Law, and Colonial Law : Essays in Comparative Legal History from the Twelfth to the Twentieth Centuries
This volume is a selection of essays taken from the excellent range of papers presented at the British Legal History Conference hosted by the Institute for Legal and Constitutional Research at the University of St Andrews, 10-13 July 2019. The theme of the conference gives this book its title: 'comparative legal history'. The topic came easily to the organisers because of their association with the St Andrews-based European Research Council Advanced grant project 'Civil law, common law, customary law: consonance, divergence and transformation in Western Europe from the late eleventh to the thirteenth centuries'.
Common law constitutional rights
Explores both the content and role of individual common law constitutional rights alongside the constitutional significance and broader implications of these developments. It therefore contributes not only to ourunderstanding of what the common law might be capable of offering in terms of the protection of rights, but also to our understanding of the nature of the constitutional order of which such rights are an integral part.
Civil jurisdiction and judgments
States, analyses, illuminates and evaluates the law of civil jurisdiction and the enforcement of foreign judgments in English law, with this new edition taking into account the implications of the new Brussels I Regulation recast, Regulation (EU) 1215/2012, as well as the great number of developments in the case law which have taken place since 2009. This book looks in detail at: the jurisdictional rules put in place by the (recast) Brussels I Regulation; the common law rules of jurisdiction.
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.
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.
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.
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.
Business criminal law: A primer for management and economics
Deals with business criminal law from the perspective of Germany, Austria, Liechtenstein and Switzerland. It primarily addresses students in business and economics (master's programme) as well as business practitioners, but is also meant for lawyers and law students. As criminal law legislators exert considerable influence on economic life, raising and growing awareness in the area of criminal law seems compulsory for future managers and executives. This textbook approaches the legal field less normatively and rather in a practical and entrepreneurial way. Its contents are based on the master level class "Business Criminal Law
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.
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.
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.
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.
Asylum Matters : On the Front Line of Administrative Decision-Making
This book examines everyday practices in an asylum administration. Asylum decisions are often criticised as being ‘subjective’ or ‘arbitrary’. Asylum Matters turns this claim on its head.
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.
Artificial intelligence and legal analytics : new tools for law practice in the digital age
The field of artificial intelligence (AI) and the law is on the cusp of a revolution. This book - designed to explain computational processes to non-programmers - describes how text analytic programs will change the practice of law, specifically by connecting computational models of legal reasoning directly with legal text.
Artificial Intelligence and International Economic Law : Disruption, Regulation, and Reconfiguration
This book was finalized while countries around the world were still confronting a global public health crisis caused by the COVID-19 pandemic. Many came to rely on digital services as an infrastructure for social interaction and professional endeavors, including academic and educational work. The pandemic seems to have precipitated a further shift towards digital technologies and artificial intelligence. It is our hope that this book will contribute to an informed discussion about the relevance of and implications for international economic law beyond the pandemic"
