Suchergebnisse

This Palgrave Pivot strives to recount and understand Indigenous Law, as set within a remote community in northern Australia. It pays close attention to the realpolitik and high-level political functioning of Indigenous Laws, which inspires a discussion of how this Law models the relational, influences governance and emplaces people in an ordered kincentric lifeworld. The book argues that Indigenous Law can be examined for the ways in which it is a deliberate, stabilizing and powerful force to maintain communal order in relation to Country, a counter framing to popular and 'soft law or soft power asset' visions of such Laws often held in the national and international imaginary. It is the latter which too often renders this knowledge esoteric and relinquishes it to a category of lore or folklore. This is an open access book

"The original documentary sources of key British contributions to international law spanning the past 100 years are collected for the first time in this unique anthology (set of 4 books). These range from seminal writings of highly qualified British scholars of international law, judgments of British courts, opinions of British judges on international courts and tribunals and pleadings by British advocates; treaties concluded and statements made by the United Kingdom government, British contributions to international legal drafting, legislation and parliamentary debates; to an imaginative selection of other forms of literature.The Editors' introduction explains why, of all the multifarious British contributions, these are the ones that have had the most enduring impact upon the development of international law, from a global perspective. The sheer quality in these texts speaks for itself; these are the must-read and must-keep classic pieces for all interested in international law and the uniquely British contributions to it. Please also see the following related titles:- https://brill.com/view/title/26889 - British Influences on International Law, 1915-2015 https://brill.com/view/title/26680 - The Role of Legal Advisers in International Law"--

The relationship between the convention and constitutional law -- The relationship between the convention and international law -- Succumbing to penal populis -- Defending society from its enemies -- New forms of punishment -- Promoting internet as the new global market of ideas -- Defending the foundations of the European model of social state (Sozialstaalichkeit) -- Empowering migrants as citizens -- Judge-made law : is the case law coherent? -- Strasbourg consequential orders : words blown against the wind?

The "European Whistleblowing Directive" (Directive (EU) 2019/1937) is the most far-reaching piece of whistleblowing legislation in history with an unprecedented impact on countries all across the European Union. To transpose the Directive, all 27 Member States were required to enact their own national whistleblowing laws by 17 December 2021, in many cases leading to the creation of an entirely new field of law previously unknown to many national legal systems. The papers included in this book are the result of the "2nd European Conference on Whistleblowing Legislation", providing readers with a first in-depth look into the emerging field of research that is European Whistleblowing Law

This open access book aims to elaborate on the legal prerequisites to establish the liability of corporations for transboundary environmental harm, not only by identifying existing liability rules, principles and standards but also by analysing their potential for further legal development. The authors consider international and transboundary liability law to currently be an underutilised tool for international environmental protection. The book seeks to address this by exploring what is needed in terms of legislative action and identifying options for judicial pliability, thereby providing an important legal contribution in furthering the development of an effective international and transnational environmental liability law regime.

As in other parts of the world, agriculture in Europe is not sustainable. It must urgently and importantly evolve. The Common Agricultural Policy (CAP) must foster this evolution. In that perspective, this book draws the contours of an ambitious CAP that would facilitate the necessary agro-ecological transition of agricultural systems in the European Union. The book is divided into three parts. The economic aspects are the subject of the first part. The climate, environmental and health dimensions are addressed in the second part. The third part deals with rural development and innovation. With the exception of the first chapter, which provides a brief history of the CAP, the different chapters are organized according to the same structure. They begin with a description of the issue; they continue with a critical presentation of how the issue has been considered within the CAP to date and, if relevant, in other public policies; they finally propose policy recommendations to better address the issue. Each chapter can be read independently. Even if the disciplines and skills mobilized cover a broad spectrum, the general framework of analysis is that of public economics. This reading key is used both to justify the objectives of the CAP and to define the policy instruments to be implemented in order to achieve these objectives in the most efficient way. The concluding chapter addresses three aspects: first, an analysis of the global coherence of our recommendations, including in terms of their links with other policies than the CAP; second, a critical reading of the June 2021 agreement for the 2023-2027 CAP in the light of our recommendations; third, a reading of our recommendations in the light of the ambition of the European Green Deal for agriculture and food. This book is aimed at all actors interested in the future of the CAP and more generally of agriculture in the European Union: policy makers, agricultural stakeholders, non-governmental organizations, researchers, teachers and students

The digital identity is the essential human data interface when interacting on the Internet or with IT systems to enable the multitude of services. No platform can be used without creating a (at least temporary) data construct to the retrieving user, which reflects the identity of the user and enables an assignment of the application data. This thesis examines the construct of digital identity and puts it into the fundamental rights framework. In doing so, data protection and IT security law are also consulted as concrete manifestations of fundamental rights

This book offers an in-depth analysis of the concept of the direct enforcement of foreign restraint and confiscation orders, a crucial step in the process of asset recovery, including existing legal approaches and related challenges. In order to provide a balanced and informed overview, 31 jurisdictions, representing different United Nations regional groups and legal systems (civil law / common law / mixed systems), were selected as the focus of the analysis. This approach provides a meaningful picture of the situation worldwide from which generally applicable guidance could be drawn. The study suggests a series of practical steps and good practices for consideration by (1) countries exploring the possibility to introduce a direct enforcement mechanism into their domestic legal frameworks and (2) countries already in a position to directly enforce foreign confiscation orders but that are considering options to streamline processes and maximize results obtainable via direct enforcement approaches. This new StAR Initiative knowledge product is addressed to a broad range of law enforcement, justice, and asset recovery practitioners, as well as bodies involved in legislative and regulatory processes, and will be useful tool in their work