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Sex Trafficking: A Private Law Response examines existing and potential causes of action against sex traffickers, clients and the state and argues for fair and effective private law remedies. Combining a theoretical inquiry about the borders of liability in torts and restitution with a political commitment to protecting the interests of victims of sex trafficking, this book offers a comparative doctrinal and socio-legal analysis of private law remedies, their justification, and their effectiveness. Tsachi Keren-Paz innovatively and convincingly makes the argument that all those dir.

The book analyses the emerging concept of ?non-regression? as a novel legal principle of international environmental law. In order to do so, it traces the development of non-regression in the framework of international human rights law and provides an examination of the respective jurisprudence under universal and regional human rights instruments. These are then compared to closely-related normative concepts in the framework of international environmental law, including the non-regression concepts of the Paris Climate Change Agreement and biodiversity-related agreements such as the Ramsar Convention on Wetlands and the Bonn Convention on Migratory Species. The book advocates a novel usage of comparative law methods in order to allow for fruitful interactions between human rights and international environmental law.00'Non-regression in International Environmental Law' is an important contribution to the development of international environmental law that offers a fresh perspective on the relationship between human rights and international environmental law

Abstract This article explores the challenge of developing a feminist law reform proposal to decertify sex and gender based on research conducted for the 'Future of Legal Gender' project. Locating the proposal to decertify within a do-it-yourself, prefigurative approach to law reform, the article asks: Can a law reform proposal be both instrumental and radical? Can a proposal take shape as a viable legislative text and as a more subversive intervention to unsettle and reimagine gender's relationship to law? This article explores this at two levels. First, it considers the ontological challenges of developing a controversial law reform proposal in terms of its realness (or fictiveness), contours, and temporality, turning to 'slow law' as a credible way of approaching radical reform. Second, it explores the design-based challenges of legal prototyping—foregrounding questions of legitimacy, participation, and purpose, which arise in designing a decertification law. At the heart of this discussion is the relationship between representation and enactment—between what a proposal presents and what its presentation does and does not accomplish.

This article seeks to analyse the role of Religious Courts' (Pengadilan Agama or PA) Judges in the formation of Islamic law in Indonesia. As part of the civil legal system, PA Judges are bound by legal provisions in handling legal disputes in court. They must apply the applicable legal provisions to decide upon a case. This condition can also be understood from the aspect of appointment of judges in Indonesia, including PA Judges, which is conducted not through professional career path as in the common law system. Thus, they are appointed from a new graduate of law/sharia faculty and then trained, inter alia, to apply and/or interpret applicable laws (legislation); and not to make the law itself. However, on the basis of secondary data analysis, studies on the ijtihad of PA Judges reveal that they are no longer only fixated on the provisions of statutes in deciding cases. They also make laws, cases in point are the Compilation of Islamic Law (KHI) and the Compilation of Sharia Economic Law (KHES), do ijtihad on the books of fiqh which became the basis for the drafting of Islamic legislation in Indonesia. Some of them even do direct ijtihad from Sharia sources, namely the Qur'an and Hadith. This condition is arguably more in accordance with the character of judges (qadis) in Islamic history which on a certain level similar to the role of judges in common law system.Keywords: Sharia Judges' Role, Legal Profession, Bureaucracy, Common Law System, Civil Law System

International concern about illegal forestry activities has grown markedly. Asian, African, and European governments have held high-level regional conferences on Forest Law Enforcement and Governance (FLEG). Indonesia has signed path-breaking Memoranda of Understanding on illegal logging with the United Kingdom, China, and Norway. The Convention on Biological Diversity, the United Nations Forum on Forests, the International Tropical Timber Organisation, and the G8 have all issued forceful statements, and incorporated the issue in their work plans. The European Commission has committed itself to formulating a European FLEG Action Plan. Japan and Indonesia have initiated an Asian Forest Partnership, with a major focus on illegal logging. Global Witness, the Environmental Investigation Agency, Transparency International, Greenpeace, Global Forest Watch, and Friends of the Earth have raised public awareness about the problem.

AbstractThis section highlights the interface between international trade and investment law and municipal and international risk regulation. It is meant to cover cases and other legal developments in WTO law (SPS, TBT and TRIPS Agreements and the general exceptions in both GATT 1994 and GATS), bilateral investment treaty arbitration and other free trade agreements such as NAFTA. Pertinent developments in international standardization bodies recognized by the SPS and TBT Agreement are also covered.

This book offers different perspectives on China's business and law. It aims to offer an introduction into both theoretical and practical aspects of China's law on foreign related business affairs. This comprises economic and political background information, including China's economic evolution and China-EU trade relations, in addition to more detailed information on selected subject areas important to foreign related business affairs in China, namely commercial arbitration law, contract law ,company law , IPR protection, financial law, foreign direct investment law, and also the establishment of overseas branches of Chinese companies in the EU. Perspectives on Chinese Business and Law thus introduces the reader to the current Chinese legislations on foreign related business. Dr Łukasz Gołota is Assistant Professor at the Institute of International Relations, Warsaw University, Section of Political Economy, Poland. Dr Jiaxiang Hu is Professor of Law at KuGuan Law School, Shanghai Jiao Tong University, China. Dr Kim Van Der Borght is Professor of International Economic Law & Diplomacy at the Vrije Universiteit Brussel, Belgium. Saisai Wang is a Lecturer of Law at the Law School of the Shandong University of Finance and Economics, China and a lawyer at Shandong Jointide Law Firm, China

The paper describes the necessity to consider the role of private rule making and the increasing importance of national regulatory agencies, in the process of European legal integration. It then focuses on the legislative design and process implementation of EPL. Its departing assumption is that EPL is and will remain a multilevel system where national implementation of European legislation generates intentional and unintentional spillover effects to be 'governed' through horizontal devices. The author underlines that the current legislative and judicial trend towards total harmonization is the wrong response to normative differentiation occurring in the process of national implementation. He analyses in particular the areas of unfair contract terms and commercial practices, providing examples of divergent implementation which can not be tackled only at legislative level, claiming that governance is a better response. He examines traditional modes of governance and then considers the applicability of new modes of governance to EPL. He makes several reform proposals; most of them do not require legislative intervention. At the legislative level, given that the competences are organised around policy areas while private law, following the national traditions, is conceptually organised around institutions, he proposes different ways to improve coordination at the Commission level, concerning legislative draft. Legislative drafting can also be improved by considering the different impacts of new legal categories in national legal systems, especially the general clauses. At the implementation level he emphasizes the role of judicial governance and the lack of coordination among national judiciaries proposing the establishment of a permanent judicial conference specialised in EPL to be coordinated with TFI and ECJ. He then proposes the institution of committees operating according to subjects ( contract, property, tort) that would cut across directorates competences and would analyse the impact of European legislation on private law national systems. Finally he proposes the use of OMC, adequately redefined to evaluate the policy effects of implementation especially when it involves national regulatory agencies.