Komparativ ret

"East and Southeast Asia is known for its authoritarian tradition and democratic transition, where one finds the authoritarian states and the most vibrant young democracies. There is a plurality of regime types that exert their impact on the police, both within and beyond regime types This book explores the politics of the police in this region"--

This volume contains contributions from three conferences held within the framework of the project "Law between Dialogue and Translation (The Example of Palestine)", funded by the German Academic Exchange Service (DAAD). The conferences were hosted by the project partners from the Department for Arabic and Islamic Studies of the University of Göttingen (Germany) and the Faculty of Law from Al-Quds University (Palestine) in 2019 and 2020, and the School of Graduate Studies of the State Islamic University Sunan Kalijaga Yogyakarta (Indonesia) in 2021. The project aimed to analyze how international law and human rights norms are implemented or "translated" into national legislation, with a special focus on the role of Islamic law and institutions in these processes.The volume provides a theoretical introduction on the concepts of "translation" of law and of "legal pluralism" and continues to discuss four main areas in which different practical aspects of these concepts can be observed: 1) the dealing of German and Palestinian judicial institutions with the relation between state, religion and rights of the individual, 2) achievements and challenges of women's rights implementation in Indonesia, 3) the entanglement of Sharia, Customary and State law in Palestine, and 4) recent developments in international criminal and humanitarian law in the Palestinian context.

In recent decades, the technical handling of custody business in the OHADA region has undergone a lasting change. There has been a shift from a direct to an indirect holding system, in which the interests of an investor in respect of the underlying securities are recorded in the books of an intermediary (such as a bank or a securities firm). Under the law of all states within the OHADA region, the traditional conflict of laws rule for determining the enforceability of a securities pledge that occurs in the indirect holding system is the lex rei sitae (or the lex cartae sitae or the lex situs ) rule. However, the traditional lex rei sitae rule cannot be appropriately applied to a system where the dematerialised securities are held through multiple layers of intermediaries located in different jurisdictions. Yet, until the intermediated system and the collateralisation of intermediated securities in the OHADA region will continue to operate in somewhat legally murky waters, leading to more instability in the financial markets. Therefore, Justin Monsenepwoaims to find an appropriate and consistent approach that reflects the reality of the indirect holding system in the OHADA region. "This publication is essential reading for policy makers, academics, market participants, and legal practitioners in the OHADA region and beyond. I am convinced that its in-depth analysis of OHADA's substantive and conflict of laws rules will go a long way in filling the gap in this area and encouraging further development in the future." Christophe Bernasconi, Secretary General of the "Hague Conference on Private International Law" - HCCH in the foreword

This volume explores different models of regulating the use of restrictive practices in health care and disability settings.The authors examine the legislation, policies, inspection, enforcement and accreditation of the use of practices such as physical, mechanical and chemical restraint. They also explore the importance of factors such as organisational culture and staff training to the effective implementation of regulatory regimes. In doing so, the collection provides a solid evidence base for both the development and implementation of effective approaches to restrictive practices that focus on their reduction and, ultimately, their elimination across health care sectors. Divided into five parts, the volume covers new ground in multiple respects. First, it addresses the use of restrictive practices across mental health, disability and aged care settings, creating opportunities for new insights and interdisciplinary conversations across traditionally siloed sectors. Second, it includes contributions from research academics, clinicians, regulators and mental health consumers, offering a rich and comprehensive picture of existing regulatory regimes and options for designing and implementing regulatory approaches that address the failings of current systems. Finally, it incorporates comparative perspectives from Australia, New Zealand, the Netherlands, Germany and England.The book is an invaluable resource for regulators, policymakers, lawyers, clinicians, consumer advocates and academics grappling with the use and regulation of restrictive practices in mental health, disability and aged care contexts.

This collection reviews developments in DNA profiling across jurisdictions with a focus on scientific and technological developments as well as their political, ethical, and socio-legal aspects. Written by leading scholars in the fields of social studies of forensic science, science and technology studies and socio-legal studies, the book provides state-of-the-art analyses of forensic DNA practices in a diverse range of jurisdictions, new and emerging forensic genetics technologies and issues of legitimacy.The work articulates the various forms of technolegal politics involved in the everyday, standardised and emerging practices of forensic genetics and engages with the most recent scholarly and policy literature. In analyses of empirical cases, and by taking into account the most recent technolegal developments, the book explores what it means to live in a world that is increasingly governed through anticipatory crime control and its related risk management and bio-surveillance mechanisms, which intervene with and produce political and legal subjectivities through human bodies in their DNA.This volume is an invaluable resource for those working in the areas of social studies of forensic science, science and technology studies, socio-legal studies, sociology, anthropology, ethics, law, politics and international relations.

This collection reviews developments in DNA profiling across jurisdictions with a focus on scientific and technological advancement as well as the political and socio-legal impact.

The book is an in-depth study of the origins and the trajectories of the law governing social policies in Brazil, China, India, and South Africa, four middle-income countries in the global South with a history in social policy making that starts in the 1920s.The policies of these countries affect almost half of the world's population. The book takes the legal framework of the policies as a starting point, but the main interest lies behind the letter of the law: What were the objectives and goals of social policy over the course of the last 100 years? What were the ideas, ideologies, and values pursued by relevant actors? The book comprises four country studies and a comparative study. The country studies concentrate on the political and social context of social policy making in Brazil, China, India, and South Africa as well as on the ideas, ideologies, and values underpinning the constitution, statutory laws, and case law that frame and shape social policy at the national level. The country studies are complemented by a comparative study exploring and describing the commonalities and differences in the ideational approaches to social policies across the four countries, nationally and - in the formative decades - internationally. The comparative study also identifies the characteristics that make Brazilian, Chinese, Indian, and South African social policies distinct from European social policies. With its emphasis on law and drawing on legal scholarship, the book adds a new dimension to the existing accounts on welfare state building, which, so far, are dominated by European narratives and by scholars with a background in sociology, political science, and development studies.This book is relevant to specialists and peers and will be invaluable to those individuals interested in the fields of comparative and international social security law, human rights law, comparative constitutional law, constitutional history, law and development studies, comparative social policies, global social policies, social work, and welfare state theory.The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

This book is a pioneering study of the origins and the trajectories of the law governing social policy in the global South.

This book offers an interdisciplinary perspective on femicide, using Israel as a case study. It offers a novel crimino-legal approach to femicide. The work extends its analysis to secondary victims of femicide and examines the applicability of second-tiered relevant legal tools, mostly tort law, as a means for gaining justice for the victims.

This book is an essential guide on surrogacy, discussing various legal issues that arise in surrogacy cases. It provides a comprehensive coverage to various issues pertaining to surrogacy arrangements due to failure to meet the needs of those involved in surrogacy, be it the intended parents or the surrogate mother, with special emphasis on the most vulnerable party -- the surrogate child. In the wake of this existing imbalance, the call to reform the practice of surrogacy has also increased. The book provides a comprehensive coverage to various laws and policy regulations in existence dealing with surrogacy, and unravels the latest trends and developments happening around the world as surrogacy gains importance. The international perspectives highlight policies and practices being adopted and followed by various nations with regard to surrogacy regulation and associated parenthood rules. This book also analyses some of the significant cross-border disputes revolving around surrogacy, and explores briefly the jurisprudence of the European Court of Human Rights on matters of parentage and citizenship for children born of trans-national surrogacy with special reference to the prospects of a convention on international surrogacy currently being studied by The Hague Conference on Private International Law. Further, it highlights the issues and questions relating to surrogacy arrangements that are so far unresolved and unanswered and suggests measures for improvements to the existing proposed surrogacy legislation in India and need for uniform international regulation. The book is a great resource for legal practitioners, academics, students, policy-makers, infertility clinics, and charitable organizations working on this issue.