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Sourcebook on Environmental Law
by Maurice SunkinThe second edition of this sourcebook brings together a comprehensive selection of the principal international, European and domestic sources of environmental law, together with commentary and extensive references to secondary sources (including relevant websites). The new edition has been fully revised and extended to include the major developments in this rapidly evolving area of law. In particular, at the international level there is now consideration of the Kyoto Protocol 1997, the Aarhus Convention 1998, the Basel Protocol 1999 and the Biosafety Protocol 2000. At the European level, there is coverage of the changes introduced by the Amsterdam Treaty; the 2000 Water Framework Directive; the new Air Quality Directives; and the EC White Paper on Environmental Liability. There is also discussion of the proposed Sixth Environmental Action Programme. The domestic coverage includes consideration of the Pollution Prevention and Control Act 1999, the Countryside and Rights of Way Act 2000, the implementation of the contaminated land regime, together with coverage of the new UK waste strategy. The book now also includes extensive consideration of the impact of the Human Rights Act 1998 on environmental law. Recent case law is included throughout. This unique work will provide an extremely valuable resource for all those studying, teaching and working in the field of environmental law.
Sourcebook on Feminist Jurisprudence
by Hilaire BarnettThis book is a comprehensive analysis of the relationship between feminist theories and the law, and the way in which developments of the former have affected, and been affected by, the latter. The book takes as its starting point a study of women and culture on an international level, which demonstrates how religious and cultural influences have been fundamental in establishing contemporary legal and social mores. This provides the setting for an investigation into legal and social discrimination and inequality, and how this has been addressed by the emergence of feminism. A number of critiques and developments are examined.
Sourcebook on Feminist Jurisprudence
by Hilaire BarnettThis book is a comprehensive analysis of the relationship between feminist theories and the law, and the way in which developments of the former have affected, and been affected by, the latter. The book takes as its starting point a study of women and culture on an international level, which demonstrates how religious and cultural influences have been fundamental in establishing contemporary legal and social mores. This provides the setting for an investigation into legal and social discrimination and inequality, and how this has been addressed by the emergence of feminism. A number of critiques and developments are examined.
Sourcebook on German Law
by Raymond YoungsThe purpose of this book is to give the reader a selective outline of significant parts of the central areas of German substantive law, along with original German legal material from these areas.
Sourcebook on German Law
by Raymond YoungsThe purpose of this book is to give the reader a selective outline of significant parts of the central areas of German substantive law, along with original German legal material from these areas.
Sourcebook on Tort Law 2/e (Sourcebook Series)
by Graham StephensonThe purpose of this book is to provide a clear guide to tort law, examining the main principles and areas of the subject. It includes text emphasizing the main issues of liability. The text incorporates relevant materials, extracts from leading judgments, articles and reports of review bodies on tort law. It should prove especially useful for those who do not have access to a law library, as for those whose library is under severe pressure from users. It will be useful to those participating in seminars and tutorials and will enable them to take part in a good level of discussion. This new edition of Sourcebook on Torts has been fully revised and incorporates the Human Rights Act 1998. The effect of the European Courts decision in Osman is now being felt, as is evident from the judgments of the House of Lords in Barrett v Enfield BC. The Law Commission's proposals on liability for psychiatric illness are included. Developments in the tort of nuisance, the defence of qualified privilege and damages are also scrutinized. Several Law Commission reports and the Social Security (Recovery of Benefits) Act 1997 are also extracted, as are other new pieces of legislation, such as the Damages Act 1996 and the Defamation Act 1996.
Sourcebook on Tort Law 2/e (Sourcebook Series)
by Graham StephensonThe purpose of this book is to provide a clear guide to tort law, examining the main principles and areas of the subject. It includes text emphasizing the main issues of liability. The text incorporates relevant materials, extracts from leading judgments, articles and reports of review bodies on tort law. It should prove especially useful for those who do not have access to a law library, as for those whose library is under severe pressure from users. It will be useful to those participating in seminars and tutorials and will enable them to take part in a good level of discussion. This new edition of Sourcebook on Torts has been fully revised and incorporates the Human Rights Act 1998. The effect of the European Courts decision in Osman is now being felt, as is evident from the judgments of the House of Lords in Barrett v Enfield BC. The Law Commission's proposals on liability for psychiatric illness are included. Developments in the tort of nuisance, the defence of qualified privilege and damages are also scrutinized. Several Law Commission reports and the Social Security (Recovery of Benefits) Act 1997 are also extracted, as are other new pieces of legislation, such as the Damages Act 1996 and the Defamation Act 1996.
The Sources of Anti-Slavery Constitutionalism in America, 1760-1848
by William M. WiecekThis ambitious book examines the constitutional and legal doctrines of the antislavery movement from the eve of the American Revolution to the Wilmot Proviso and the 1848 national elections. Relating political activity to constitutional thought, William M. Wiecek surveys the antislavery societies, the ideas of their individual members, and the actions of those opposed to slavery and its expansion into the territories. He shows that the idea of constitutionalism has popular origins and was not the exclusive creation of a caste of lawyers. In offering a sophisticated examination of both sides of the argument about slavery, he not only discusses court cases and statutes, but also considers a broad range of "extrajudicial" thought—political speeches and pamphlets, legislative debates and arguments.
Sources of English Legal History: Public Law to 1750
by John BakerSources of English Legal History: Public Law to 1750 is the definitive source book on the foundations of English public law. A companion to Baker and Milsom's Sources of English Legal History: Private Law to 1750 2e (OUP, 2010), this new volume offers an extensive collection of illustrative original materials, many of which are previously unpublished. It contains significant new material on the history of habeas corpus, mandamus, and certiorari, as well as well-known constitutional landmarks from the earliest times to 1750. Writing on the history of public law has tended to focus solely on the texts of statutes and formal records. In contrast, the present book concentrates on the forensic arguments and judicial decisions that led to the emergence of legal principles in the field of public law, including criminal law and the regulation of jurisdictions. It illuminates the growth of public law during the medieval and early modern periods, addressing the state's legislative and judicial organs, its coercive functions, and more broadly, the respective powers of the crown and parliament. The first work of its kind, this book is an essential resource for anyone interested in legal and constitutional history.
Sources of English Legal History: Public Law to 1750
by John BakerSources of English Legal History: Public Law to 1750 is the definitive source book on the foundations of English public law. A companion to Baker and Milsom's Sources of English Legal History: Private Law to 1750 2e (OUP, 2010), this new volume offers an extensive collection of illustrative original materials, many of which are previously unpublished. It contains significant new material on the history of habeas corpus, mandamus, and certiorari, as well as well-known constitutional landmarks from the earliest times to 1750. Writing on the history of public law has tended to focus solely on the texts of statutes and formal records. In contrast, the present book concentrates on the forensic arguments and judicial decisions that led to the emergence of legal principles in the field of public law, including criminal law and the regulation of jurisdictions. It illuminates the growth of public law during the medieval and early modern periods, addressing the state's legislative and judicial organs, its coercive functions, and more broadly, the respective powers of the crown and parliament. The first work of its kind, this book is an essential resource for anyone interested in legal and constitutional history.
Sources of International Law
by Martti KoskenniemiA collection of essays on the various aspects of the legal sources of international law, including theories of the origin of international law, explanation of its binding force, normative hierarchies and the relation of international law and politics.
Sources of International Law
by Martti KoskenniemiA collection of essays on the various aspects of the legal sources of international law, including theories of the origin of international law, explanation of its binding force, normative hierarchies and the relation of international law and politics.
The Sources of International Law
by Hugh ThirlwayThis new edition of Hugh Thirlway's authoritative text provides an introduction to one of the fundamental questions of the discipline: what is, and what is not, a source of international law. Traditionally, treaties between states and state practice were seen as the primary means with which to create international law. However, more recent developments have recognized customary international law, alongside international treaties and instruments, as a key foundation upon which international law is built. This book provides an insightful inquiry into all the recognized, or asserted, sources of international law. It investigates the impact of ethical principles on the creation of international law; whether 'soft law' norms come into being through the same sources as binding international law; and whether jus cogens norms, and those involving rights and obligations erga omnes have a unique place in the creation of international legal norms. It studies the notion of 'general principles of international law' within international law's sub-disciplines, and the evolving relationship between treaty-based law and customary international law. Re-examining the traditional model, it investigates the increasing role of international jurisprudence, and looks at the nature of international organisations and non-state actors as potential new sources of international law. This revised and updated book provides a perfect introduction to the law of sources, as well as innovative perspectives on new developments, making it essential reading for anyone studying or working in international law.
The Sources of International Law
by Hugh ThirlwayThis new edition of Hugh Thirlway's authoritative text provides an introduction to one of the fundamental questions of the discipline: what is, and what is not, a source of international law. Traditionally, treaties between states and state practice were seen as the primary means with which to create international law. However, more recent developments have recognized customary international law, alongside international treaties and instruments, as a key foundation upon which international law is built. This book provides an insightful inquiry into all the recognized, or asserted, sources of international law. It investigates the impact of ethical principles on the creation of international law; whether 'soft law' norms come into being through the same sources as binding international law; and whether jus cogens norms, and those involving rights and obligations erga omnes have a unique place in the creation of international legal norms. It studies the notion of 'general principles of international law' within international law's sub-disciplines, and the evolving relationship between treaty-based law and customary international law. Re-examining the traditional model, it investigates the increasing role of international jurisprudence, and looks at the nature of international organisations and non-state actors as potential new sources of international law. This revised and updated book provides a perfect introduction to the law of sources, as well as innovative perspectives on new developments, making it essential reading for anyone studying or working in international law.
The Sources of Labour Law
by Tamás Gyulavári Emanuel MenegattiLabour law has traditionally aimed to protect the employee under a hierarchy built on constitutional provisions, statutory law, collective agreements at various levels, and the employment contract, in that order. However, in employment regulation in recent years, ‘flexibility’ has come to dominate the world of work – a set of policies that reshuffle the relationship among the fundamental pillars of labour law and inevitably lead to degrading the protection of employees. This book, the first-ever to consider the sources of labour law from a comparative perspective, details the ways in which the traditional hierarchy of sources has been altered, presenting an international view on major cross-cutting issues followed by fifteen country reports. The authors’ analysis of the changing hierarchy of labour law sources in the light of recent trends includes such elements as the following: the constitutional dimension of labour rights; the normative intervention by the State; the regulatory function of collective bargaining and agreements; the hierarchical organization of labour law sources and the ‘principle of favour’; the role played by case law in both common law and civil law countries; the impact of the European Economic Governance; decentralization of collective bargaining; employment conditions as key components of global competitive strategies; statutory schemes that allow employees to sign away their rights. National reports – Australia, Brazil, China, Denmark, France, Germany, Hungary, Italy, Poland, Russia, Spain, Sweden, South Africa, the United Kingdom and the United States – describe the structure of labour law regulations in each legal system with emphasis on the current state of affairs. The authors, all distinguished labour law scholars in their countries, thus collectively provide a thorough and comprehensive commentary on labour law regulation and recent tendencies in national labour laws in various corners of the globe. With its definitive analysis of such crucial matters as the decentralization of collective bargaining and how individual employment contracts can deviate from collective agreements and statutory law, and its comparison of representative national labour law systems, this highly informative book will prove of inestimable value to all professionals concerned with employment relations, labour disputes, or labour market policy, especially in the context of multinational workforces.
The Sources of Secularism: Enlightenment and Beyond
by Anna Tomaszewska Hasse HämäläinenThis book examines the importance of the Enlightenment for understanding the secular outlook of contemporary Western societies. It shows the new ways of thinking about religion that emerged during the 17th and 18th centuries and have had a great impact on how we address problems related to religion in the public sphere today. Based on the assumption that political concepts are rooted in historical realities, this collection combines the perspective of political philosophy with the perspective of the history of ideas. Does secularism imply that individuals are not free to manifest their beliefs in public? Is secularization the same as rejecting faith in the absolute? Can there be a universal rational core in every religion? Does freedom of expression always go hand in hand with freedom of conscience? Is secularism an invention of the predominantly Christian West, which cannot be applied in other contexts, specifically that of Muslim cultures? Answers to these and related questions are sought not only in current theories and debates in political philosophy, but also in the writings of Immanuel Kant, Benedict Spinoza, Thomas Hobbes, Anthony Collins, Adriaan Koerbagh, Abbé Claude Yvon, Giovanni Paolo Marana, and others.
The Sources of Secularism: Enlightenment and Beyond
by Anna Tomaszewska Hasse HämäläinenThis book examines the importance of the Enlightenment for understanding the secular outlook of contemporary Western societies. It shows the new ways of thinking about religion that emerged during the 17th and 18th centuries and have had a great impact on how we address problems related to religion in the public sphere today. Based on the assumption that political concepts are rooted in historical realities, this collection combines the perspective of political philosophy with the perspective of the history of ideas. Does secularism imply that individuals are not free to manifest their beliefs in public? Is secularization the same as rejecting faith in the absolute? Can there be a universal rational core in every religion? Does freedom of expression always go hand in hand with freedom of conscience? Is secularism an invention of the predominantly Christian West, which cannot be applied in other contexts, specifically that of Muslim cultures? Answers to these and related questions are sought not only in current theories and debates in political philosophy, but also in the writings of Immanuel Kant, Benedict Spinoza, Thomas Hobbes, Anthony Collins, Adriaan Koerbagh, Abbé Claude Yvon, Giovanni Paolo Marana, and others.
The Sources of WTO Law and their Interpretation: Is the New OK, OK? (Elgar International Economic Law series)
by Petros C. MavroidisIn this incisive book, Petros C. Mavroidis examines the complex practice of interpreting the various sources of World Trade Organization (WTO) law. Written by a leading expert in WTO scholarship, the book serves as a broad grounding in the legal theory of the WTO contract and its sources, as well as its application in practice. Delving into the workings of the Vienna Convention of the Law of Treaties (VCLT) and its use within the WTO courts, the author provides a critical assessment of the interpretation of the WTO contract and illuminates the role of WTO adjudicators and the Secretariat in clarifying obligations. Mavroidis then explores the uncertainty and distortion that emerge as a result of the discretion from adjudicators invited by the VCLT, explaining why this matters and offering steps towards resolving these issues. Providing an expansive analysis of the interpretation of WTO treaties, this book will be an invaluable resource for scholars and students in the field of WTO law, as well as international trade and economic law more broadly. Its discussion of the possible future of dispute settlement, particularly its proposal for a re-evaluation of the judicial selection process, will also prove insightful to practitioners in this area.
South Africa and the World: A political economy journey through time
by Mills SokoOver the past 20 years the global political economy has experienced its most profound shifts since the onset of the industrial revolution. In South Africa and the World, Mills Soko reflects on some of the salient issues that have pervaded public discourse during this time, analysing them within the context of the contemporary South African political economy and of the country’s position in the world.Arranged thematically, the essays were all written during a defining period in recent history, a period that has witnessed, among others, the accession of China to the WTO, the 9/11 terrorist attacks on the US, the invention of the iPad, the birth of Facebook, the 2008/9 global financial crisis, Brexit and the global coronavirus pandemic which began at the end of 2019.The turbulent multipolar world demands visionary political and economic leadership, supported by institutions well attuned to contemporary conditions. Such leadership is in short supply. Nor is the existing institutional architecture sufficiently equipped to deal with a complex array of economic, social, environmental, technological and demographic challenges.Mills Soko highlights what has not worked in terms of politics, leadership, foreign policy, the economy, the African development trajectory, corporate ethics, international trade, global governance, and the thread which underlies all these issues – the importance of strong, decisive and accountable leadership. He counters his criticism with what has worked and offers views on how some of the problems that have constrained progress in South Africa and the world can be solved.A central message emerges from his writings: leadership and governance matter, whether in the national or international context. It is a message that permeates all the chapters in the book. And it goes to the heart of what South Africa has gone through over the past two decades and where it is today.
South Africa: No Turning Back
by Shaun JohnsonThis varied and authoritative study of contemporary South Africa focuses thematically on the major political contestants, interest- groups and power-brokers in that country. Here a group of experts in various fields and of varying views have brought to bear their specialist knowledge on the South African crisis and have subjected their own analyses to criticism and amendment through intensive debate. The book provides both an introduction to aspects of contemporary South African politics, and a wealth of detailed research not available elsewhere - particularly in the treatment of its many forms of political resistance.
South African Political Exile in the United Kingdom
by Mark IsraelAfter 1948 many opponents of apartheid were forced out of South Africa. This accessible and readable account draws upon interviews with many of those involved to examine how those activists who came to the United Kingdom developed political organisations, social networks, ideologies and identities that supported their time in exile. It examines the Anti-Apartheid Movement and the African National Congress in exile and documents the violent attempts by the South African government to control exile activity. Finally, it investigates how exiles came to terms with the possibility that they might return.
The South African Truth Commission
by K. ChristieOver the last thirty years, many political transitions from authoritarian regimes and dictatorial political systems have been accompanied by Truth Commissions. Since 1974 there have been over twenty of these Commissions established in countries as diverse as Argentina, Chile, Uruguay, Bolivia, El Salvador, Ethiopia, the Philippines and Germany, among others. Perhaps the most important Truth Commission of our time is the South African one which also seeks to act as a mechanism for reconciliation in a divided society. The South African conflict was extremely long and violent; its victims suffered traumatic experiences and, in part, one of the Commission's functions is to allow their story to be told. This book tries to examine the Truth Commission here and the issues that surround it, assessing different versions of the South African past and the complex negotiations leading to the establishment of the Commission and the complex politics of amnesty, justice and nation-building.
South Asia in Transition: Democracy, Political Economy and Security (International Political Economy Series)
by Bhumitra ChakmaCombining theoretical and empirical insights, this book provides an in-depth analysis of South Asia's transition in the areas of democracy, political economy and security since the end of the Cold War. It provides a close scrutiny to the state of democracy and political economy in India, Pakistan and Bangladesh.
South Asia Migration Report 2020: Exploitation, Entrepreneurship and Engagement
by S. Irudaya RajanSouth Asia Migration Report 2020 documents key themes of exploitation and entrepreneurship of migrants from the region. This volume: • Includes dedicated fieldwork from India, Pakistan, Bangladesh and Nepal; • Analyses the impact of South-Asia-migrant-established businesses; • Examines legal and legislative recourse against exploitation in destination countries; • Factors in how migration as a phenomenon negotiates with gender, environment and even healthcare. This book will be indispensable for scholars and researchers of economics, development studies, migration and diaspora studies, gender studies, labour studies and sociology. It will also be useful to policymakers, think tanks and government institutions working in the area.
South Asia Migration Report 2020: Exploitation, Entrepreneurship and Engagement
by S. Irudaya RajanSouth Asia Migration Report 2020 documents key themes of exploitation and entrepreneurship of migrants from the region. This volume: • Includes dedicated fieldwork from India, Pakistan, Bangladesh and Nepal; • Analyses the impact of South-Asia-migrant-established businesses; • Examines legal and legislative recourse against exploitation in destination countries; • Factors in how migration as a phenomenon negotiates with gender, environment and even healthcare. This book will be indispensable for scholars and researchers of economics, development studies, migration and diaspora studies, gender studies, labour studies and sociology. It will also be useful to policymakers, think tanks and government institutions working in the area.