Anglo-American Asian Bi-Jural Chthonic Civil Common Community Comparative Continental Culture Customs Development Diffusion Formants Germanic Hegemony Hindu History Humanities Hybridity Hybrids Interdisciplinary Irritant Islamic Ius Law Law-in-Action Legality Lex Living law Philosophy Plurality Micro-jurisdictions Mixed legal systems Mixity Native Nordic Norm Normativity Polyjural Praxiology Reception Roman Society State Stateless Talmudic Traditions Transplant Transsystemic
Terrorism law is as international as it is regionally distinct and as difficult to define as it is essential to address. Given recent pressures to harmonize terrorism laws from international organizations like the United Nations Security Council, the Financial Action Task Force, and the Council of Europe, this book presents readers with an up-to-date assessment of terrorism law across the globe. Covering twenty-two jurisdictions across six continents, the common framework used for each chapter facilitates national comparisons of a range of laws including relevant criminal, administrative, financial, secrecy, and military laws. ReComparative Counter-Terrorism Lawcognizing that similar laws may yield different outcomes when transplanted into new contexts, priority of place is given to examples of real world application.
Including a thematic introduction and conclusion, this book will help establish comparative counter-terrorism law as an emerging discipline crossing the boundaries of domestic and international law.
Includes chapters on twenty-two different legal jurisdictions representing North and South America, Asia, Africa, Europe, and Australia
Common framework for chapters allows for country-to-country comparison on specific legal issues
Includes an introduction to the emerging field of comparative counter-terrorism law and its methodology
(Subjects: comparative financial law, commercial law, comparative criminal law, administrative law, immigration law, constitutional law, military law; private international law)
This monograph seeks the optimal way to promote
compatibility between systems of proprietary security rights in Europe,
focusing on security rights over tangible movables and receivables. Based on
comparative research, it proposes how best to tackle cross-border problems
impeding trade and finance, notably uncertainty of enforceability and
unexpected loss of security rights. It offers an extensive analysis of the
academic literature of more recent years that has appeared in English, German,
the Scandinavian languages and Finnish. The author organises the concrete means
of promoting compatibility into a centralised substantive approach, a
centralised conflicts-approach, a local conflicts-approach and a local
substantive approach. The centralised approaches develop EU law, and the local
approaches Member State laws. The substantive approaches unify or harmonise
substantive law, while the conflicts approaches rely on private international
law. The author proposes determining the optimal way to promote compatibility
by objective-based division of labour between the four approaches. The
objectives developed for that purpose are derived from the economic functions
of security rights, the conditions for legal evolution and a transnational
conception of justice.
(Subjects: Banking and Financial Law, Commercial Law, Private
by Michael van Notten, Edited by Spencer Heath MacCallum
Written by a trained and sympathetic observer, this book shows how Somali customary law differs fundamentally from most statutory law. Lawbreakers, instead of being punished, are simply required to compensate their victim. Because every Somali is insured by near kin against his or her liabilities under the law, a victim seldom fails to receive compensation. Somali law, being based on custom, has no need of legislation or legislators. It is therefore happily free of political influences. The author notes some specific areas that stand in need of change, but finds such change already implicit in further economic development.
Somali politics is based on consensus. The author explains how it works and shows why any attempt to establish democracy, which would divide the population into two classes-those who rule and those who are ruled-must inevitably produce chaos.
Viewed in global perspective, Somali law stands with the Latin and Medieval laws and the English common law against the statutory law that became prominent in Europe with the modern nation-state. This book explains many seeming anomalies about present-day Somalia and describes its prospects as well as the dangers facing it. (Subjects: Somalia; customary law; legislation; criminal law; torts; delicts)
Edited by Mary Bosworth, Alpa Parmar, and Yolanda Vazquez
A collection of essays that considers how societal practices, laws, and criminal justice institutions delineate who belongs and who does not, and how these factors affect racial minorities across the world, in strikingly uneven ways
Brings race to the centre of its analysis in order to reveal how migration and its control is inherently racialized
Demonstrates how the architecture of legislation, the process of criminal justice, and the institutions of criminal justice and border control conspire and coalesce to grant some people citizenship, while denying it to others
Essential reading for lawyers, criminologists, criminal justice practitioners, migration scholars, and sociologists, as well as general readers approaching the topic for the first time
Edited by Anthea Roberts, Paul B. Stephan, Pierre-Hugues Verdier, and Mila Versteeg
Explains that international law is not a monolith but can encompass on-going contestation, in which states set forth competing interpretations
Maps and explains the cross-country differences in international legal norms in various fields of international law and their application and interpretation in different geographic regions
Organized into three broad thematic sections of conceptual matters, domestic institutions and comparative international law, and comparing approaches across issue-areas
Chapters authored by contributors who include top international law and comparative law scholars all from diverse backgrounds, experience, and perspectives
(Subjects: international law; comparative law)
Edited by Mindy Chen-Wishart, Alexander Loke, and Stefan Vogenauer
Studies in the Contract Laws of Asia provides an authoritative account
of the contract law regimes of selected Asian jurisdictions, including the
major centres of commerce where limited critical commentaries have been
published in the English language. Volume II of this series deals with contract
formation and contracts for the benefit of third parties in the laws of China,
India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong, Korea, Vietnam,
Cambodia, Thailand, Indonesia, and Myanmar. Typically, each jurisdiction is
covered in two chapters; the first deals with contract formation, while the
second deals with contracts for the benefit of third parties. (Subjects: Comparative Law; contract law)
Presents a new theory of legitimate expectation for public administration, arguing that agencies should be held liable for losses they directly cause by creating and then frustrating legitimate expectations.
Draws on normative legal and political theory to evaluate the ethics of legal doctrine and whether this is primarily an issue of fairness, security, trust in government, or something else. Compares and contrasts examples drawn from the UK, Ireland, Europe, Australia, New Zealand, and South Africa.
Edited by Tembinkosi Bonakele, Eleanor Fox, and Liberty Mncube
Written by well-known academic and practising economists and lawyers from both developed and developing countries. Focuses on a broader view of competition policy in BRICS and developing countries, including concepts such as efficiency and consumer welfare, issues of distribution, equity, and fairness. Each chapter is organized around a central argument made by its author(s) in relation to issue or case study, making every contribution a valuable freestanding contribution to the literature. Provides a number of viewpoints of what competition law and policy mean both in theory and practice in a development context through the use of insightful case studies. (Subjects: Competition Law; Comparative Competition Law)
The Mediterranean is a sea that has experienced extraordinary contacts, conflicts, encounters and exchanges through the centuries. This complexity is analysed in the present volume through the eyes of twelve scholars specialised in Middle Eastern and North African studies. Arabic and Semitic linguistics and dialectology, Arab literature and popular music and culture are some of the broad range of subjects included in this volume which engages different geographical areas of the so-called Mare Nostrum and various historical periods, from the medieval to the contemporary era. (Subjects: Arabic and Semitic
linguistics and dialectology, Arab literature, popular music and