Unwritten Constitutional Norms (Hardcover, 1)

1. Introduction??Part I: Theoretical and Comparative Insights??2. Unwritten constitutional rules and their potential within a written constitution’s operation??3. Constitutionalism’s informal turn: Some issues??4. Constitutional appropriateness, unwritten norms and the hermeneutic circle??5. Constitutional customs, conventions, and unwritten legal norms within the legislative power??6. Constitutional conventions and other unwritten norms within the executive power and systems of government??7. Unwritten constitutional norms in the EU legal order: Constitutional resilience through evolving constitutionalisation??8. Unwritten fiscal constitutions and the foundations of state budgeting??Part II: Unwritten Constitutional Norms and the Constitutional Systems??9. The parliamentary dissolution in France and the United Kingdom: How constitutional practices reinforce executive domination??10. Competences, fundamental rights and parliamentary conventions in the unwritten German constitution??11. Unwritten constitutional principles and implicit normativity in Italy: A multilevel perspective??12. Debating the status of unwritten constitutional norms in Spain??13. The issue of unwritten constitutional norms related to the right to pardon in Poland??14. Constitutional conventions in Czechia??15. Unwritten constitutional norms in Hungary??16. How to amend the unwritten Romanian constitution??17. Unwritten role of constitutional law and its impact on judicial independence in Serbia??18. The intricacies of unwritten constitutional norms: Concluding thoughts

Insuring the Boardroom : The Regulation of the Directors’ and Officers’ Liability Insurance in China and Common Law Jurisdictions (Hardcover)

1. Introduction??2. Directors’ Duties, the Sources of Liabilities and the Consequential Loss? 3. The Insured Party Under the D&O Liability Policy? 4. The Legal Nature of D&O Liability Insurance? 5. The Defence Costs and Allocation Issues in D&O Liability Insurance? 6. The Evaluation of D&O Liability Insurance Practice and Regulation in China? 7. Recommendations for the Improvement of Directors’ Protection Framework in China

Stem Cell Governance and Ethics (Paperback, 1)

Table of Contents

1. Overview

2. The Controversial Issues of Human Embryos

3. The Governance Framework in the United Kingdom, Singapore, and Malaysia

4. Regulatory Response to Ethical Issues

5. The Way Forward for Malaysia

Index

The Legal Legacy of the Reformation : Catholic and Protestant Approaches to Law (Paperback)

Part One:?Church law and the Reformation;??1.?A comparative account of Protestant and Catholic approaches to church law: law in the life of the visible church;??2. How the English and Scots Reformations shaped Ecclesiastical and Secular law in Great Britain;??3. The Reformation and Legal Change: The Persistence of Medieval Canon Law;??Part Two:?Catholic and Protestant Approaches to Law in the Life of the Church;??4. Legislative Authority in the Anglican Communion;??5. The Theology of Canon Law: a Catholic Perspective on the Fundamentals;??6. Conscience and Natural Law: a Calvinist perspective;??Part Three:?Catholic and Protestant Approaches to Church, State and State Law;??7. Natural Law?and Secular Law: the Reformation Legacy ? an Ecumenical Approach;??8. Catholic and Protestant Approaches to Church ? State ?Relations;??Part Four: Catholic and Protestant Approaches to Particular Areas of Law;??9. Marriage Law? and Education Law;??10. Equity and Conscience;??11. The Reformation and Human Rights;??12. The Reformation and the Birth of Criminal Law;??13. The Reformation and its impact on the Law of Charites and Social Welfare
? ? ? ?

Legal Responses to Mass Migration : From the Nineteenth Century to World War II (Paperback)

Introduction. Legal history and mass migration: paths and methods;??Section I: Discourses;??1. From Vitoria to Kant: a genealogy of ius migrandi;??2. Emigration and colonisation. The debate in Italy at the end of the nineteenth century;??3. Leaving Italy. Transoceanic migration and legal discourse in the city of Napoli (1901-1910);??4. The “peculiar paradox” of the criminalisation of Italian immigrants in Argentina in the late nineteenth century;??5. The Kaleidoscopic 1905 of Mr. Justice Oliver Wendell Holmes. What two unrelated opinions could tell us about immigration law, American jurisprudence, and twentieth century exceptionalisms;??Section II: Policies and institutions;??6. The routes of child labour: juvenile emigration and police regulations between the nineteenth and twentieth centuries;??7. The Societa Umanitaria and Italian continental emigration: the entanglement between private regulation and official law;??8. A first note about migrants and Italian legal devices against maritime syndicates in the early twentieth century;??9. Changes in State and federal law and police against Italian organised crime: the New York case (1904-1914);??10. Refugee scholars from Nazi Germany and the impact of migration: what changed in the work of legal academics in exile and why?;??Section III: Legal practices;??11. The only living Italian in Tianjin. Colonial governance and Sino-Italian relations at the beginning of twentieth century;??12. Attracting colonists from abroad: migration and legal regulation of labour in nineteenth century Brazil;??13. Justice and emigration: Italian emigrants and legal protection between the nineteenth and twentieth centuries;??14. The protection of migrants in Italy in the proceedings of the Central Arbitration Commission for Emigration (1915-1929);??15. Spanish republicans exiled in France: second-class Europeans for the French government;??16. Exceptionality and common features of migration law in the age of mas...


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China and US Foreign Investment Laws and Practices : A Theoretical Explanation of National Security Review (Paperback)

1 Theoretical Structure: A Constructivist Approach to Idea Dominance and Process Orientation in National Security Review??2 Idea Dominance in National Security Review of Foreign Investment Laws in China??3 Idea Dominance in National Security Review of Foreign Investment Laws in the US??4: The Process Orientation of National Security Reviews in China and US Foreign Investment Laws and Practices??5: A Comparative Study of Chinese and US National Security Reviews??6: A Constructivist Approach to China and US Investments in the Context of National Security Review

Detention and the Right to Liberty : Addressing Gaps in Protection at the European Court of Human Rights (Paperback)

Foreword;??Acknowledgements;??Introduction;??1. Framing discretion at the European Court of Human Rights;??2. An increased role for consensus in the progressive interpretation of the right to liberty;??3. An evolutive interpretation of justifications for detention;? 4.?An evolutive approach to Article 5 proportionality;? 5.?Discretion in adjudicating a right to liberty free from abuse of power or discrimination;??Conclusion

Force Majeure and the Law: Acts of God in Comparative and Historical Perspective (Paperback, 1)

Acknowledgements;??Abbreviations;??Table of English Cases;??Table of French Cases;??Table of Roman Law Texts;??Table of English Legislation;??Table of French Legislation;??Table of Treaties;??Introduction;??1.?Roman Law;? 2. French Law;? 3. English Law;? Conclusion;? Bibliography

Approximative Justice and Cross-Border Evidence in the EU (Paperback, 1)

1. Introduction?2. Obstruction of Knowledge?3. Justice as Navigation?4. Comparing Civil Procedural Fact-Finding?5. The Unbearable Inconstancy of Objects of Proof?6. Mr Ernest Changes His Mind: Structuring Evidence?7. The Bald King, The Graphologist, The Social Worker and the Acupuncturist ? Evidence as the Link Between the Normative and the Cognitive?8. Differends in Cross-Border Evidence?9. Approximative Justice?10. Good Enough Justice

Justifying Punishment : Perspectives from Post-Communist Europe (Paperback)

1. Introduction;??2. Reasons for (and against) justifying sentences;??3. Three Stages of Reason-Giving: Identification, Evaluation and Weighing;??4. Sentence justification in first-level courts in post-communist Europe;??5. Justifying Sentence Changes at Appellate Courts;??6. A Review of Sentence Justification: The case of the Netherlands;??7. Towards proper sentence justification

European Minorities in Times of Crisis : Negotiating Identities (Paperback)

1. Introduction? 2. Covid-19 in Sapmi: Materialising the Colonial Fragmentation of Sami Communities? 3. No Single Model: How Minority Identities in the Danish-German and Austrian-Slovak Border Regions have been Shaped by Recent International Crises? 4. Resilient Minorities in the Times of Polycrisis? Poles in Czechia and Germans in Poland in a Comparative Perspective? 5. Do You Feel Ukrainian? Main Concerns and Self-perceptions of the Romanian Minority in Ukraine? 6. In the Grip of the Crisis: Vulnerability and Resilience of the Hungarian Minority in Transcarpathia, Ukraine? 7. A National or a Linguistic Minority? Slovene Identity in Contemporary Italy? 8. “We’re a nation, not a minority”?Independentism and National Sentiment in Catalonia after the 2017 Referendum? 9. Conclusion: Minorities and Identity in Times of Crisis ? Lessons Learned and Implications for the Concept of National Minority as a Tool to Manage Diversity in a B/ordered World

The Civil Service in Europe : A Research Companion (Paperback)

Preface;??Introduction;??Part I:?Concepts, Origins and Challenges;??1. Defining the Civil Service: Towards a Better Understanding of the Nature of Civil Service Systems in Europe;??2. Governing and Administering: The European Origins and Traditions of Civil Service;??3. The Changing Tasks and Environment of Public Administration: Challenges for the Civil Service;??Part II:?The Transformation of National Civil Service Systems;??4.?The Civil Service in Austria: Tradition, Reforms and the Impact of European Law;??5. The Civil Service in Belgium: Between Fragmentation and Common Principles;??6. The Civil Service in Denmark: From a Public to a Private Law Employment Regime;??7. The Civil Service in France: The Evolution and Permanence of the Career System;??8.?The Civil Service in Germany: A Service Based on Mutual Loyalty;??9. The Civil Service in Hungary: Differentiation and Privatisation Trends;??10. The Civil Service in Italy: A Flood of Legislative Reforms and a Few Safe Harbours;??11. The Civil Service in the Netherlands: The Normalisation of the Legal Status of Civil Servants;??12. The Civil Service in Poland: A Turbulent Path towards Professionalism, Merit-Based Recruitment and Insulation from Politicisation;??13. The Civil Service in Spain: The Deficit of Organisation in Public Employment and the Principle of Democracy;??14. The Civil Service in Sweden: Duality and Non-Specific Status of Civil Servants;??15. The Civil Service in Switzerland: Between Flexibility and Tradition;??16.?The Civil Service UK Style: Facing Up to Change?;??17. The Civil Service in Ukraine: Transformation in Times of War;??18. Development of the Civil Service in a Comparative Perspective;??Part III:?Supra- and International Systems of Civil Service;??19. The Civil Ser...


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The Jewish Legal Tradition (Paperback, 1)

Introduction? Suzanne Last Stone, Ari Mermelstein, and Yair Lorberbaum? ?I. Law and Religious Meaning? ?1. Rules and Reasons? Yair Lorberbaum? ?2. Law and Ritual??Tzvi Novick? ?3. Jewish Law, Morality, and Natural Law??Daniel Statman? ?II. Scope of Halakhah? ?4. Philosophy of Punishment??Amihai Radzyner? ?5. Philosophy of Private Law??Benjamin Porat? ?6. Philosophy of Family Law??Avishalom Westreich? ?III. Internal Operation of Law? ?7. Adjudication and Judicial Discretion? Haim Shapira? ?8. Legal Interpretation and Legal Reasoning??Christine Hayes

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The General Provisions of the Law of Obligations: History, System and Functions (Hardcover)

Blue Book on AI and Rule of Law in the World (2023) (Hardcover)

Report on the Rule of Law Index in China 3 (Hardcover)

Online Privacy and Data Protection of Children in the European Union and the United States (Hardcover)

Climate-Based Judicial Review and Liberal Democracy (Hardcover)

New Challenges of Consumer Law (Hardcover)

International Handbook of Legal Language and Communication: From Text to Semiotics (Hardcover)

Gender, Sexuality and Law: South-South Perspectives (Hardcover)

Between Asymmetry and Secession: Territorial Issues in Europe (Hardcover)

The July Revolution and International Law in Bangladesh (Hardcover, 1)

Introduction

1. The July Revolution in Legal Thoughts????????????

2. Justice and Accountability for International Crimes Committed between July 1 and August 5, 2024

3.?Victims, Heroes, and Transitional Justice in Post-revolutionary Bangladesh: Reparation or Reward?

4.?Identity and Belonging Amid a Shifting Political Landscape

5. The July Revolution and the Geopolitics of Bangladesh-China-India Relations

6. The Impact of UN Peacekeeping on the Military’s Political Behaviour: 2007 and 2024 in Retrospect

7. Internet Shutdown and the Future of Digital Sovereignty in Bangladesh

8. Beyond the Rhetoric of Sustainable Development:?Towards Alternative Worldviews

9. Science Diplomacy in Climate Governance: Bangladesh’s Strategy for Climate Justice and the Renewed Hope after the July Revolution

Conclusion

Comparative Constitutional Reform in Latin America (Hardcover, 1)

Introduction: Constitutional Amendment or Constitutional Dismemberment?, Richard Albert; 1. Argentina's Constitutional Strain and Institutional Anomie, Jeronimo Lau Alberdi; 2. Constitutional Dismemberment in Brazil: Perpetuating and Reinforcing Inequality, Juliano Zaiden Benvindo and Manuellita Hermes; 3. Consequences and Limits of Structural Constitutional Dismemberment: The Case of Chile, Cristian Villalonga and Alejandra Ovalle Valdes; 4. Reforming or Dismembering the Constitution: An Approach to Constitutional Dismemberment in Colombia, Milton Cesar Jimenez Ramirez; 5. The Cuban Constitutional Reforms of 1992 and 2002 as Examples of Constitutional Dismemberment, Julio Antonio Fernandez Estrada and Michel Fernandez Perez; 6. The Rules of Constitutional Reform in Ecuador, Pamela Juliana Aguirre Castro and Pablo Andres Alarcon Pena; 7. War and Peace: The Dismemberment of the Salvadoran Constitution as a Means to Achieve the Peace Agreements, Marcos Antonio Vela Avalos and Manuel Adrian Merino Menjivar; 8. Through the Looking Glass: Towards of Classification of Constitutional Dismemberments in Mexico, Jaime Olaiz-Gonzalez and Jose Mario de la Garza-Martins; 9. The Debate on Constitutional Change in Peru: A Critical Vision, Heber Joel Campos; 10. Constitutional Dismemberment in Venezuela: An Authoritarian-Populist Constitutional Change Mechanism, Daniela Urosa and Jose Ignacio Hernandez

Personal Insolvency Law : Global Perspectives and China's Transformation (Hardcover)

Personal Insolvency at a Crossroads, Guan H Tang; Part I The Institutional Dynamics of Personal Insolvency; 2. The Changing Institutional Context of Personal Insolvency Law, Iain Ramsay; 3. The Discharge of Debt under the Personal Insolvency System of England and Wales: Lessons to be Learned from an Economic Perspective, Katharina Moser; 4. The Dilemmas and Paths of China's Personal Insolvency Regime: Legislative Momentum as an Analytical Focus, Jing Liu; Part II The Delicate Balance of Relief and Responsibility in Insolvency Reform; 5. Failure and Success: Consumer and Small Business Bankruptcy Reform in the US, Jason Kilborn; 6. The Debt-restructuring System in Sweden, Annina H. Persson; 7. The Construction of a Linkage Incentive Mechanism for Reorganisation of SMEs and Their Operators, Yimin Ren; Part III The Procedural Complexities of Personal Insolvency and Asset Management; 8. The Estate in Bankruptcy Law, David Milman; 9. Rediscovering the Value of Bankruptcy Compromise in China ? Reflections from Japan's SSD Regime, Lijie Qi; 10. The Construction of Personal Insolvency Rules for Residential Property Disposal in China from a Comparative Law Perspective, Amy Ren and Shawn Xu; Part IV The Evolving Functions and Concepts of Personal Insolvency Law; 11. The Consumer Bankruptcy Regime in Japan: Application and Structure, Kazuhiko Yamamoto; 12. The Uses of Bankruptcy, Stephen Baister; 13. Lotus Just Buds: Current Situation and Future Prospect of China's Personal Insolvency Counselling System, Dan He; Part V The Way Forward; 14. Competition, Human Rights, and the Architecture of Personal Insolvency Law in China, Guan H. Tang