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Research Handbook on the International Law of Indigenous Rights (Research Handbooks in International Law series)
This ground-breaking Research Handbook provides a state-of-the-art discussion of the international law of Indigenous rights and how it has developed in recent decades. Drawing from their extensive knowledge of the topic, leading scholars provide strong general coverage and highlight the challenges and cutting-edge issues arising for Indigenous peoples. Offering readers an engaging review of ongoing lawmaking, adoption and implementation processes from both a global and regional perspective, it also investigates the important elements of Indigenous rights and economic issues, including trade, investment and economic growth. Furthermore, it offers timely coverage of environmental rights, land and natural resources. This essential Handbook will provide a useful discussion point for practitioners on Indigenous rights developments and scholars looking for an innovative approach on cutting-edge issues. Policymakers wanting to understand the major issues with the implementation of the UN Declaration on the Rights of Indigenous People (UNDRIP) will also find this invaluable.
Research Handbook on the Law and Economics of Competition Enforcement (Research Handbooks in Competition Law series)
This incisive Research Handbook identifies and assesses the emerging trends in competition enforcement, investigating how such changes impact the enforcement approach of competition authorities and the behaviour of companies in an ever-evolving business and regulatory environment.Insightful contributions from experts in the field of competition enforcement law cover anticompetitive agreements, unilateral conduct, and merger control, as well as exploring topics such as algorithmic collusion, market power and data, big data, industrial policy, consumer welfare, common ownership, and competition enforcement in digital platforms. Combining academic, practitioner, and enforcer perspectives, this expansive Handbook sheds light on topical developments concerning competition enforcement, representing an expansion of existing enforcement practices. The Handbook concludes by considering how competition authorities could address the proliferating competition enforcement challenges arising from the appearance of new markets, novel business models, and technological developments. Bringing together unique perspectives on new trends affecting competition enforcement, this timely Handbook will prove invaluable to law firms with an international competition or merger law practice, as well as to economic consultants and competition and regulatory authorities. Comprehensive and accessible, its analysis of the latest developments and perspectives in competition enforcement establish the Handbook as essential reading material for scholars of law and business across the globe.
Research Handbook on the Law and Economics of Trademark Law (Research Handbooks in Law and Economics series)
This discerning and detailed Research Handbook examines the law of trademarks, unfair competition, and dilution from a variety of law and economics perspectives. With a comprehensive exploration of trademarks and trademark law, it provides an excellent illustration of the analytical diversity that the law and economics approach can bring to legal issues.The Research Handbook investigates the law and economics of trademark enforcement and of alternative enforcement mechanisms. With chapters exploring the strengths, weaknesses, and insights of law and economics as applied to trademark law generally, this Research Handbook revisits and expands some of the leading law and economics analyses of trademark law. Chapters also include a series of case studies that examine the law and economics of trademark protection in specific industries or through specific trademark doctrine.Meticulously written by internationally renowned experts in the field, this Research Handbook will prove to be a useful resource for academics interested in law, business, and marketing. Trademark law professionals and practitioners will also find this to be a beneficial read.
Research Handbook on the Law and Politics of Migration (Research Handbooks in Law and Politics series)
As the law and politics of migration become increasingly intertwined, this thought-provoking Research Handbook addresses the challenge of analysing their relationship. Discussing the evolving theoretical approaches to migration, it explores the growing attention given to the legal frameworks for migration and the expansion of regulation, as migration moves to the centre of the global political agenda. The Research Handbook demonstrates that the overlap between law and politics puts the rule of law at risk in matters of migration as advocates around the globe increasingly turn to law to address the challenges of new migration politics. Presenting a fresh mapping of current issues in the field, it focusses on institutions of migration and analyses the securitization of migration management and the strengths and weaknesses of the Global Compact for Safe, Orderly and Regular Migration. Written by leading scholars specialising in a range of disciplines, the Research Handbook on the Law and Politics of Migration will be an illuminating read for academics and students of migration studies with backgrounds in law, politics, criminology, sociology, history, geography and beyond.
Research Handbook on the Law of Professional Football Clubs
This original Research Handbook examines the key legal aspects of a professional football club’s actions. Reflecting also on the role of key governing bodies such as UEFA, the Handbook informs and contributes to the ongoing debate surrounding the governance and behaviours of professional football clubs. By placing professional clubs at the centre of the analysis, the Handbook offers an extensive overview of how law, particularly at a European level, is applied to professional football. Chapters explore key actors within the industry, from prominent governing bodies to players, examining how significant club changes such as transfers affect the economic and legal management of clubs. At a time when professional football is coming under increasing scrutiny, this Handbook will encourage critical thinking on the future of clubs’ design, organisation and function. This illuminating Research Handbook will be of interest to law and business students endeavouring to investigate sports law and governance. It will additionally be beneficial to policymakers, along with legal and business actors, who are working with professional football clubs and seeking to reflect critically on industry features and legalities.
Research Handbook on the Law of the Paris Agreement (Research Handbooks in Climate Law series)
This comprehensive Research Handbook sets out a systematic analysis of the Paris Agreement taking into account developments since it entered into force in 2016. It explores the treaty’s capacity, as an instrument of international law, to compel state action to address the universal threat of climate change.Highlighting the strengths and weaknesses of the Paris Agreement in light of state practice, each chapter contains a critical examination of a separate aspect of the treaty in order to aid understanding of its legal force. Eminent scholars with experience in Paris Agreement law explore how the Agreement’s efficacy relies heavily upon the goodwill of states, sui generis domestic initiatives, forceful climate law at the domestic level, and other contextual factors such as international peace and cooperation. Acknowledging the weak legal substance of the Paris Agreement, the expert contributors propose new avenues of scholarly inquiry as well as new directions in the fight against climate change.The Research Handbook on the Law of the Paris Agreement will prove beneficial for scholars, researchers, and students of law, environmental studies, and politics and public policy. Legal practitioners, ministries of foreign affairs, and international NGOs concerned with environmental issues and human rights will also benefit from the book’s practical implications.
Research Handbook on the Politics of Constitutional Law (Research Handbooks in Law and Politics series)
Constitutional law is a ‘semi-autonomous’ discipline, where texts and doctrines are completely and complexly intertwined with the political systems within which constitutional law is found. This timely Research Handbook develops the idea that understanding constitutional law means understanding constitutional politics as well.Using both comparative and political analysis, this forward-looking reference work deals with the politics of constitutional law around the world, delivering global treatment of the politics of constitutional law across issues, regions and legal systems. The chapters are meticulously organised around ‘foundations’, ‘structures’, ‘rights’ and ‘futures’, providing a well-rounded overview of the topic and noting the key recent developments in the field. The distinction between law and politics is of course a contested one and the selection of prominent established and emerging scholars and contributors to this Handbook implicitly offer varying perspectives on it.Offering an innovative, critical approach to an array of key concepts and topics, this book will be a key resource for both legal scholars and political science scholars. Students with interests in law and politics, constitutions, legal theory and public policy will also find this a beneficial companion.
Research Handbook on the Politics of Human Rights Law (Research Handbooks in Law and Politics series)
International human rights law is undoubtedly intertwined with politics. This Research Handbook explores and provokes reflection on how politics impacts human rights legislation and, conversely, how human rights law shapes politics and the functioning of the state.Bringing together leading international scholars in human rights law and politics, the Research Handbook provides theoretical reflections and empirical analyses across the areas of governance and policies and examines the implementation mechanisms of human rights law in national and international jurisdictions. Chapters discuss issues such as the mobilization of human rights in developing countries, the politics of torture and resource allocation, and the influence of politics on international institutions. It also presents a critical analysis of the human rights regimes in Africa, Asia, Europe and the Middle East, and how the state works in ways which respect the ethics and values of human rights law.Providing a comprehensive overview of the reciprocal relationship between politics and human rights legislation, this Research Handbook will be essential reading for students and academics in human rights, international politics, law and politics, and public policy.
Research Handbook on the Sociology of Law (Research Handbooks in Law and Society series)
This unique Research Handbook maps the historical, theoretical, and methodological concepts in sociology of law, exploring the rich and complex nature of this area of research. It argues that sociology of law flourishes due to its strong capacity for interdisciplinary engagement and links to other scientific concepts, methodologies and research fields. Composed as a set of enquiries into the current state of sociology of law, expert contributions cover diverse themes such as inequality and discrimination, crime and punishment, and social justice. Reflecting on recent publications in law and society, socio-legal studies and interdisciplinary law research, the Research Handbook revisits the specific role of sociology of law, its disciplinary boundaries and its relationship to both legal and social sciences. The comprehensive nature of the Research Handbook on the Sociology of Law will appeal to law and social justice practitioners and scholars, as well as students in legal and social science fields who are looking to understand current trends and future research in the discipline.
Research Handbook on the Theory and History of International Law (Research Handbooks in International Law series)
This updated and revised second edition provides a comprehensive scholarly framework for analyzing the theory and history of international law. Featuring an array of legal and interdisciplinary analyses, it focuses on those theories and developments that illuminate the central and timeless basic concepts and categories of the international legal system, highlighting the interdependency of various aspects of theory and history and demonstrating the connections between theory and practice. With contributions from renowned experts, this Research Handbook explores the essence and development of international legal theory, taking account of the key shifts and advances since the era of classical legal scholarship. Contributors examine several major areas of international law in depth, before transferring their focus to the history of international law from the medieval period up to the present day. Coverage has been expanded to include analysis of the origins of and Eurocentric narratives surrounding the present system, and to discuss significant developments of the 21st century. Scholars and students of international law and politics looking for an in-depth understanding of the current international legal system and its history will find this Research Handbook to be crucial reading. Its theoretical approach will also be of interest to legal theorists, as well as researchers in ethics and philosophy.
Research Handbook on Torture: Legal and Medical Perspectives on Prohibition and Prevention (Research Handbooks in Human Rights series)
This Research Handbook is of great importance in an era where torture, whilst universally condemned, remains endemic. It explores the nature of the international prohibition of torture and the various means and mechanisms which have been put in place by the international community in an attempt to make that prohibition a reality. Edited by Chairs of the UN Committee against Torture and of the UN Subcommittee for Prevention of Torture, this Research Handbook considers both the legal and medical dimensions of torture, as well as societal and philosophical perspectives. Contributions from experts with personal experience of working with torture victims and survivors in medical, legal and political settings survey practice within the UN and regional human rights systems, international criminal and domestic legal settings, and in medical and rehabilitative contexts. These expert perspectives combine to offer a unique range of insights into the realities of tackling torture in the contemporary world. Critical and timely, the Research Handbook on Torture will prove compulsive reading for students and scholars of human rights. Its practical dimension will also engage practitioners in the field, as well as legal and medical professionals working on torture-related issues.
Research Handbook on Trademark Law Reform (Research Handbooks in Intellectual Property series)
This follow-up to Graeme B. Dinwoodie and Mark D. Janis’s successful book Trademark Law and Theory examines reform of trademark law from a number of perspectives and across many jurisdictions. In so doing, it analyses the most important current and future issues in the field, both providing normative frameworks for the development of trademark law and concrete proposals for reform. This Research Handbook is organized into three thematic parts discussing different areas of reform: the trademark registration process; subject matter boundaries and trademark protectability; and trademark scope and enforcement. Leading trademark law scholars from across the globe investigate important topics such as intermediary liability, trademark protection for product design, conceptions of the hypothetical “average consumer”, and trademark depletion and congestion. Scholars and students of intellectual property law will find the provocative and insightful thinking in this Research Handbook stimulating and valuable. The practical suggestions for future reform will also be of interest to trademark lawyers, policymakers, brand managers and other marketing professionals.
Research Handbook on Transitional Justice (Research Handbooks in International Law series)
Providing a refreshing take on transitional justice, this thoroughly revised second edition brings together an expanse of scholarly expertise to reconsider how societies deal with gross human rights violations, structural injustices and mass violence. Contextualised by historical developments, it covers a diverse range of concepts, actors and mechanisms of transitional justice, while shedding light on the new and emerging areas in the field.Wholly engaging with the field's upward trajectory, this Handbook explores important new ground on existing issues of transitional justice, including masculinities, witnesses and the role of archives. This updated edition also engages with newly evolving areas of study, such as counter-terrorism, climate change, colonialism and non-paradigmatic transitions.With theoretical and empirical contributions from a rich array of world leading practitioners and scholars, this cutting-edge second edition Research Handbook is an invaluable academic resource for students and researchers of sociology, transitional justice, criminal law and human rights law. With expertly written chapters it also provides practitioners with a consolidated overview of the latest scholarship and analysis of legal and policy developments.
Research Handbook on Transnational Environmental Law (Research Handbooks in Environmental Law series)
This illuminating Research Handbook offers a detailed overview and critical discussion of the key themes and perspectives that characterize the burgeoning research area of transnational environmental law. It analyzes important sectors at the forefront of the field, including climate change and biodiversity. Interdisciplinary and comprehensive, this Research Handbook provides stimulating and provocative discussions on transnational legal phenomena and the ways in which we can unpack their complexities. Bringing together varied perspectives from both leading and emerging scholars from around the world, chapters deliver methodological and conceptual frameworks for future research, whilst providing an original view on this emerging field of law. Contributors also pay special attention to the engagement of the field with multilevel governance and the involvement of non-state actors in legislative, regulatory and adjudicative processes. Offering an accessible and broad-ranging guide to the field’s major themes and research strategies, the Research Handbook on Transnational Environmental Law will be an indispensable resource to scholars, students and practitioners in environmental and transnational law and social sciences seeking to understand the contributions of a transnational approach to environmental law.
Research Handbook on Unilateral and Extraterritorial Sanctions (Research Handbooks in International Law series)
Providing a unique analytical framework to capture a diverse, fragmented and highly evolving practice, the Research Handbook on Unilateral and Extraterritorial Sanctions is the key original reference work covering how sanctions have indisputably become central instruments of foreign policy.This discerning Research Handbook combines a series of case studies and cross-cutting analyses. It reflects the levers and evolution of international law and practice in the field, as well as covering important topics over multiple disciplines, particularly in international law and international relations. Featuring diverse contributions from a selection of esteemed scholars, the Research Handbook provide an unprecedented analysis of the evolution of diplomatic, legal and business practices and tackle topical legal issues arising from unilateral and extraterritorial sanctions.Offering a unique panorama of contemporary practice, this 360-degree study will be of interest to legal academics and their students as well as practitioners in both the public and private sectors.
Research Integrity: Best Practices for the Social and Behavioral Sciences
The primary goal of science is to "get it right," meaning that scientists seek to accurately document the world as it is. While erroneous conclusions and flawed theories can and do occur, they can only be tolerated as long as reliable mechanisms of self-correction exist, but an array of recent evidence suggests that this is not always the case. This book offers a behavioral science perspective on how scientific practice becomes compromised and provides recommendations for improvement. Broadening the discussion of research integrity beyond replication, publication biases, statistics, and methods, this book addresses the full complexity of the issue and serves academics and policy makers concerned with the reliability and validity of scientific findings across the social sciences. It tackles challenges presented by published reports and textbooks, addresses the ways that institutional review boards (IRBs) can influence the course of research, and discusses the weaknesses of meta-analysis, which is often recommended as a possible corrective measure for suboptimal scientific practice. The book concludes with an organizing framework to investigate how scientists' behaviors can impact the reliability and validity of scientific research.
Research Methods in Health Humanities
Research Methods in Health Humanities surveys the diverse and unique research methods used by scholars in the growing, transdisciplinary field of health humanities. Appropriate for advanced undergraduates, but rich enough to engage more seasoned students and scholars, this volume is an essential teaching and reference tool for health humanities teachers and scholars. Health humanities is a field committed to social justice and to applying expertise to real world concerns, creating research that translates to participants and communities in meaningful and useful ways. The chapters in this field-defining volume reflect these values by examining the human aspects of health and health care that are critical, reflective, textual, contextual, qualitative, and quantitative. Divided into four sections, the volume demonstrates how to conduct research on texts, contexts, people, and programs. Readers will find research methods from traditional disciplines adapted to health humanities work, such as close reading of diverse texts, archival research, ethnography, interviews, and surveys. The book also features transdisciplinary methods unique to the health humanities, such as health and social justice studies, digital health humanities, and community dialogues. Each chapter provides learning objectives, step-by-step instructions, resources, and exercises, with illustrations of the method provided by the authors' own research. An invaluable tool in learning, curricular development, and research design, this volume provides a grounding in the traditions of the humanities, fine arts, and social sciences for students considering health care careers, but also provides useful tools of inquiry for everyone, as we are all future patients and future caregivers of a loved one.
Research Methods in Human Rights: A Handbook: Second Edition (Handbooks of Research Methods in Law series)
In this thoroughly revised second edition, editors Bård A. Andreassen, Claire Methven O’Brien and Hans-Otto Sano continue to advance current discussions on human rights research methodology, bringing together an array of leading scholars to offer instruction and guidance on different approaches to the subject area.Research Methods in Human Rights bridges the methodological deficit that is often compounded by the interdisciplinary nature of human rights research, providing an up-to-date assessment of the topic. New chapters include discussions of comparative human rights law, qualitative methods of data generation and analysis, methodological challenges facing human rights-based approaches, and the impact of new and emerging digital technologies. Crucially, the book effectively explores the complexities which arise when conducting human rights research at the crossroads of different academic disciplines, and puts forward an agenda for best practice.Offering a contemporary overview of this ever-evolving subject, this Research Handbook will be an excellent reference tool for academics, researchers and students in human rights, law and development, public international law and development studies. Given the recent prominence of human rights discourse at both national and international levels, this book will also be of great benefit to human rights practitioners and policy-makers.
Research Methods in International Law: A Handbook (Handbooks of Research Methods in Law series)
This timely Handbook contains a wide-ranging overview of the diverse research methods used within international law. Providing an insightful examination of how international legal knowledge is analysed and adopted, this Handbook offers the reader a deeper understanding on the role and place of research methods in international legal theory, reasoning and practice.Split into five parts, the chapters cover key topics across doctrinal, empirical, socio-legal, interdisciplinary research methods and methodology. The contributors also apply their knowledge and insight to explore the relationship between different research methods and their role in international legal theory, reasoning and practice. Covering a range of diverse subjects yet written in a methodical style, the contributors furthermore engage with rethinking international law methods.This comprehensive Handbook will be invaluable for researchers in international law, as well as being an excellent resource for graduate and doctoral students.
Research Methods in Private International Law: A Handbook on Regulation, Research and Teaching (Handbooks of Research Methods in Law series)
This incisive Research Handbook provides valuable insights into the various methodological approaches to Private International Law (PIL) from regulatory and educational perspectives. It comprehensively unpacks central themes in the field including international jurisdiction, recognition and enforcement, and scrupulously analyses core debates whilst addressing legislative and policy issues.Featuring contributions from carefully selected eminent scholars, the Research Handbook is structured in three thematic sections. The first section explores the divide between public and private approaches to PIL regulation and research, covering human rights perspectives and key private initiatives in regulation. Moving on to address classical and modern research methodologies in PIL, the second section examines comparative law, empirical, economic and technical approaches and considers the influence of technology. The final section concludes with a discussion of crucial societal and educational aspects of PIL.Research Methods in Private International Law will prove an essential reference for academics, researchers, and students of law with a particular interest in PIL, human rights law and research methods in law. Its practical focus on methodology will also be of benefit to policymakers and legal practitioners in the PIL field.
Researching Public Law in Common Law Systems (Elgar Studies in Legal Research Methods)
This original book fills a significant gap in legal literature by providing an exploration of research methodologies in public law, a field of research in which research methods are becoming increasingly prominent and sophisticated. Featuring thoughtful chapters written by leading scholars in the field, this book provides a thorough explanation of the key features, characteristics, and challenges of distinct methodological approaches to public law research. Divided into four broad categories; traditional, institutional, technical and critical, chapters cover a wide range of approaches, from doctrinal and interpretive methods to empirical, socio-legal, and Marxist approaches. The book promotes critical reflection on many of the most common methodological approaches and aims to demystify research methodologies in public law for new scholars and interdisciplinary researchers alike.Researching Public Law in Common Law Systems will be essential reading for academics and students in public law, suitable for advanced scholars and those who are new to the field. It will also be relevant to those with an interest in empirical methods, legal methods, and research methodologies more broadly in the social sciences.
Resilience in Energy, Infrastructure, and Natural Resources Law: Examining Legal Pathways for Sustainability in Times of Disruption
The number of severe and sometimes catastrophic disruptive events has been rapidly increasing. Extreme weather events including floods, wildfires, hurricanes, and other natural disasters have become both more frequent and more severe, whilst events such as the COVID-19 pandemic represent a global threat to public health with huge economic effects that recovery packages tried to address. These disruptive events, alone and in combination, have dramatic consequences on nature, human life, and the economy, calling for urgent action to mitigate their causes and adapt to their impacts. In response to discourses of collapsology and end-of-growth theories, this monograph offers an analytical approach to developing legal responses that can help ensure the needs of present and future generations can be met through energy systems, infrastructure development, and natural resources management in these times of disruption. 'Resilience' is, therefore, seen as a common framework for the interpretation and development of energy, infrastructure, and natural resources law. With a mix of thematic chapters and case studies from multiple jurisdictions, Resilience in Energy, Infrastructure, and Natural Resources Law maps and assesses legal responses to disruptive nature-based events, and examines possible legal pathways for more sustainable outcomes, based on its engagement with this concept of 'resilience' and social-ecological thinking.
The Resilience of New Public Management
The Resilience of New Public Management examines the role and significance of New Public Management (NPM) in contemporary society, and explores its emergence and resilience. Eminent scholars have said that NPM only existed from 1980-2000, and that we now live in a post-NPM world. This book tells a very different story. Evidence is presented in this book of 40 years of continuous NPM in public services, including government agencies, universities, and health care. NPM has diffused across sectors and globally since the 1980s, and in the process mutated to become modernization. It also coexists with alternative models of managing public services, including models such as digital era governance and network governance which were considered replacements for NPM. The capacity of NPM to mutate has caught many of its critics by surprise. This capacity for NPM to reinvent itself includes the adoption of Lean Management, the Toyota Production System. Early NPM adopter countries engaged with the use of Lean Management techniques, but late NPM adopters did not. The most recent alternative to NPM is Trust-based management, which has made significant advances in Scandinavian countries. However, Trust-based management is closely linked to proto-NPM and NPM practices and it has itself mutated to present itself as a friendlier and more supportive version of NPM, which at the very least deserves close scrutiny. The above trends are indicative of the resilience of NPM, and its intuitive appeal for policymakers. Its advocates argue that NPM has the capacity to deliver policy outcomes, but this book shows that such claims and aspirations are not always matched by the evidence of NPM in action.
Respect: Philosophical Essays
Respect plays a prominent role in contemporary moral philosophy, as well as our every-day moral thought. Ordinary discussion about morality is often framed in terms of demands for respect or complaints about being disrespected, yet basic questions about the concept and role of respect are frequently overlooked. Here, leading philosophers present their latest ideas and fresh perspectives to point research on the topic in new directions. Following an introduction to the historical rise of respect as a central concept in moral discourse, Part I addresses the fundamental questions of what respect is; its nature and basis. Part II then examines questions in moral theory, for example what exactly ought to be respected, what role respect plays in morality, and which different types of respect are appropriate and morally significant. Part III concludes with the practical application of requirements of respect, with implications for significant moral issues of our time including environmental ethics, social justice, disability, bioethics, and more.
Responsibility and Healthcare
This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. This edited collection brings together world-leading authors writing about a wide range of issues related to responsibility and healthcare, and from a variety of perspectives. Alongside a comprehensive introduction by the editors outlining the scope of the relevant debates, the volume contains 14 chapters, split into four sections. This volume pushes forward a number of important debates on responsibility and its role in contemporary healthcare. The first and second groups of chapters focus, respectively, on (a) the potential justification and (b) nature of 'responsibility-sensitive' policies in healthcare provision; in other words, policies that would hold some patients responsible for their ill health via differences in treatment. These sections include empirically-informed work on public opinion, chapters linking responsibility in healthcare with ongoing debates around criminal responsibility, and new conceptual and theoretical work on the details of responsibility-sensitive policies. The third set of chapters turns in a more detailed way to the issues of whether, and how, we can be responsible for our health, presenting novel challenges and questions for those who would advocate responsibility-sensitive policies in healthcare. Finally, questions of responsibility in medicine do not end with those receiving treatment. The fourth group of chapters broadens the volume's focus to think about responsibility of individuals other than patients, including medical professionals and policymakers, including specific consideration of the role of responsibility during pandemics.