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The Law of State Immunity
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Revised and updated to include recent developments since 2013, the third edition of The Law of State Immunity provides a detailed guide to the operation of the international rule of State immunity which bars one State's national courts from exercising criminal or civil jurisdiction over claimsmade against another State. Building on the analysis of its two previous editions, it reviews relevant material at both international and national levels with particular attention to US and UK law; the 2004 UN Convention on Jurisdictional Immunities of the State and its Property (not yet in force),and also seeks to assess the significance of recent changes in the evolution of the law.Although the restrictive doctrine of immunity is now widely observed by which foreign States may be sued in national courts for their commercial transactions, the immunity rule remains controversial, not only by reason of the recognition of a single State's right to deny a remedy for a wrong -China, a major trading State, continues to adhere to the absolute bar - but also by the exclusion of any reparation or relief for the commission on the orders of a State of grave human rights violations. The complexity and moral challenge of the issues is illustrated by high profile cases such asPinochet, Amerada Hess, Saudi Arabia v Nelson and more recently NML v Argentina in national courts; Al-Adsani v UK and Jones v UK in the European Court of Human Rights; and Judgments of the International Court of Justice in Arrest Warrant, Djibouti v France and most recently in the JurisdictionalImmunities of the State, which, particularly since the 2014 contrary ruling of the Italian Constitutional Court, has attracted strong juristic criticism. The expanding extraterritorial jurisdiction of national courts with regard to torture in disregard of pleas of act of State and nonjusticiabilityas in Belhaj and Rahmatullah offers a further challenge to the exclusionary nature and continued observance of State immunity.Recent developments in key areas are examined, including: impleading; public policy and non-justiciability; universal civil jurisdiction for reparation for international crimes; the application of the employment exception to embassies and diplomats; immunity from enforcement and procedural measures;immunity of State officials, and tensions between national constitutional requirements and superior international norms.
Domestic Politics and International Human Rights Tribunals
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International politics has become increasingly legalized over the past fifty years, restructuring the way states interact with each other, international institutions, and their own constituents. The international legalization of human rights now makes it possible for individuals to take human rights claims against their governments at international courts such as the European and Inter-American Courts of Human Rights. This book brings together theories from international law, human rights and international relations to explain the increasingly important phenomenon of states' compliance with human rights tribunals' rulings. It argues that this is an inherently domestic affair. It posits three overarching questions: why do states comply with human rights tribunals' rulings? How does the compliance process unfold and what are the domestic political considerations around compliance? What effect does compliance have on the protection of human rights? The book answers these through a combination of quantitative analyses and in-depth case studies from Argentina, Brazil, Colombia, Italy, Portugal, Russia and the United Kingdom.
The Intersection of International Law and Domestic Law
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[This book] offers a rare practical analysis of the real significance and relevance of international law in juridical practice.' - Páll Hreinsson, EFTA-Court 'This book offers a very practical examination of the relationship between international law and domestic law, not least by a detailed analysis of domestic case law. It reveals a variety of possible approaches to giving effect to unimplemented international law in both national law and dualistic countries. It also provides very interesting insights into, and an understanding of, highly topical issues.' - Gudmundur Alfredsson, University of Akureyri, Iceland What are the theoretical and practical issues relating to the intersection between domestic and international law? This important new book discusses how general theories, including monism and dualism, transpire in practice. The author examines several key areas: the rules relating to treaty making and the ratification of treatises, the doctrine of automatic incorporation and transformation, the direct effect of international norms in the domestic system, and a discussion of the principle of consistent interpretation. With a focus on the European Convention on Human Rights, the author concludes that, although traditional theories are still relevant, they fall short in grasping the complexity of the different ways in which the legislator and the courts have given effect to international law on the domestic level. Students and scholars of international and domestic law will find this book to be useful in their studies. It will also be of interest to academics, judges, and practicing lawyers.
Research Handbook on International Financial Crime
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TheResearch Handbook on International Financial Crime brings together a strong group of contributors under the editorship of Professor Barry Rider. Reflecting the success of the long-standing Cambridge International Symposium on Economic Crime, theHandbook covers a wide range of subjects over some sixty chapters. It will make a valuable contribution to the practical as well as the theoretical aspects of this important subject.' - Sir William Blair, Justice of the Queen's Bench Division, Commercial Court, President of the Board of Appeal of the European Supervisory Authorities 'Monumental and magisterial are fitting descriptions for this book. The editor and contributors provide extensive knowledge and authoritative insight into the ever-burgeoning field of financial and economic crimes. With in-depth coverage on a national and international scale of topics such as fraud, financial and market governance, corruption, money laundering, and civil and criminal processes, this book delivers a compendious guide for scholars, policymakers and practitioners everywhere, as well as an unrelenting warning about embedded societal risks of insecurity and instability.' - Clive Walker, School of Law, University of Leeds, UK A significant proportion of serious crime is economically motivated. Almost all financial crimes will be either motivated by greed, or the desire to cover up misconduct. This Handbookaddresses financial crimes such as fraud, corruption and money laundering, and highlights both the risks presented by these crimes, as well as their impact on the economy. The contributors cover the practical issues on the topic on a transnational level, both in terms of the crimes and the steps taken to control them. They place an emphasis on the prevention, disruption and control of financial crime. They discuss, in eight parts, the nature and characteristics of economic and financial crime, The enterprise of crime, business crime, the financial sector at risk, fraud, corruption, The proceeds of financial and economic crime, and enforcement and control. Academics interested in criminology, law, as well as business and legal studies students will find this book to be an invaluable resource. Practitioners, including lawyers, compliance and risk managements, law enforcement officers, and policy makers will also find the points raised to be of use. Contributors: I. Abramova, R. Alexander, S.A. Ali, A. Armstrong, L. Atherton, G. Baber, A. Bacarese, F.N. Baldwin, S. Bazley, C. Bradley, J. Bryant, A. Campbell, E. Campbell, S.D. Cassella, R. Cheung, J. Clough, G. Crentsil, L. de Koker, K.A. Drummond, J. Fisher, L. Fituni, D. Fitzpatrick, R.D.Francis, M.M. Gallant, P.M. German, G. Gilligan, M. Glanville, P. Gray, A. Hakimah Ab Halim, J. Harvey, M. Hauman, D. Hayton, J. Henning, T.R. Hurst, J. Ingle, S.F.A. Jabbar, D. Jayasuriya, J. Jeremie, J. Johnson, D. Johnston, S.D. Keene, I. Kerusauskaite, D. Kirk, M. Krambia-Kapardis, M. Levi, K. Levy, X. Li, E. Liu, A.S. Lukito, F.G. Madsen, J.L. Masters, A. Middlemiss, N. Moola, H. Mulukutla, K. Murray, C. Nakajima, R. Parlour, C. Pédamon, S. Quo, J. Reading, B. Rider, H. Rosenberg, N. Ryder, N. Saleh, C.A. Schipani, C. Spector-Naranjo, C. Stears, E. Stuart-Smith, M.R.C. Sutherland, H. Tjio, W. Tupman, M. Turkington, A. Walters, C. Wells, L.H. Xing, Y. Zhen
Modern Family Law
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When you purchase a new version of this casebook from the LIFT Program, you receive 1-year FREE digital access to the corresponding Examples & Explanations in your course area. Now available in an interactive study center, Examples & Explanations offer hypothetical questions complemented by detailed explanations that allow you to test your knowledge of the topics covered in class. Starting July 1, 2017, if your new casebook purchase does not come with an access code on the inside cover of the book, please contact Wolters Kluwer customer service. The email address and phone number for customer service are on the copyright page, found within the first few pages, of your casebook. Modern Family Law reflects the social diversity of the modern family as it examines the legal impacts of the women s movement, the children s rights movement, the fathers rights movement, domestic violence, changing sexual mores, nontraditional family forms, and developments in reproductive technology. Integrating valuable interdisciplinary perspectives, the text includes excerpts, notes, and questions emanating from history, psychology, sociology, social work, medicine, and philosophy. A variety of problem exercises, most derived from actual cases and current events, covers cross-cutting themes as well as the basics of family law. Human-interest stories that complement the cases heighten student awareness of the real impact of the law on people s lives. Modern Family Law easily adapts to shorter or longer courses. The Sixth Edition offers contemporary perspectives on family law theory and covers new developments on such topics as alienation of affections, adoption, assisted reproduction, attorneys sexual ethics, bigamy, child abuse, child custody and support, divorce, domestic violence, grandparents visitation rights, names in the family, parentage, premarital agreements, and reproductive rights. The text features major coverage of developments on same-sex marriage, DOMA, and other issues of equality for gay and lesbian families. The decline of marriage and the rise of new conceptualizations of family are explored along with the return of the culture wars, including political disputes about contraception.
Handbook on Biotechnology Law, Business, and Policy
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Evidence Matters
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Is truth in the law just plain truth - or something sui generis? Is a trial a search for truth? Do adversarial procedures and exclusionary rules of evidence enable, or impede, the accurate determination of factual issues? Can degrees of proof be identified with mathematical probabilities? What role can statistical evidence properly play? How can courts best handle the scientific testimony on which cases sometimes turn? How are they to distinguish reliable scientific testimony from unreliable hokum? These interdisciplinary essays explore such questions about science, proof, and truth in the law. With her characteristic clarity and verve, Haack brings her original and distinctive work in theory of knowledge and philosophy of science to bear on real-life legal issues. She includes detailed analyses of a wide variety of cases and lucid summaries of relevant scientific work, of the many roles of the scientific peer-review system, and of relevant legal developments.
ORCID (Open Researcher and Contributor Identification) is an open, not-for-profit organisation that aims to supply a persistent and unique identifier - an ORCID ID - to any individual involved in research, scholarship, and innovation activities.
