International ret

This collection discusses the concept of fraternity and examines the issue of its role in law.Since the end of World War II, fraternity has been cited in several national constitutional charters, in addition to the United Nations Universal Declaration of Human Rights. But is there space for fraternity in law? The contributions to this book form an ideal "bridge" between the past and present to trace the different pathways taken to address the meaning of fraternity, and to identify its possible legal relevance. The book lays out paths that have placed fraternity in varied and challenging legal contexts in an age of globalization and conflict, where the multiplicity of national and supranational sources of law seems to show its inadequacy to govern complexity, and coexistence between diversities that appear irreconcilable. The purpose is not to recover fraternity as a forgotten principle, but to reimagine it today to address the aim and force of law within a plurality of cultures. The analysis considers a possible universal dimension that models unity within diversity, and aspires to serve as a prologue to a transition from research to dialogue between different legal systems and traditions.The book will be of interest to academics and researchers working in the areas of Comparative Law, Legal History and Legal Philosophy.

This book provides a comparative analysis of how judgments from the European Court of Human Rights (ECtHR) and the Inter-American Court of Human Rights (IACtHR) affect political participation and electoral justice at the national level.Looking at specific countries, the work analyses the legal impact the implementation of the ECtHR and the IACtHR judgments has, with a specific focus on cases in which the regional court concerned uses the "democratic argument," that is, an argument related to democracy and political rights. The reasoning is that, although democracy is a much wider concept, judgments concerning violations of political rights and electoral justice provide reliable indicators to assess the status and sustainability of democracy in a State. Moreover, the analysis of the violations of political rights and electoral justice allows an in-depth comparison between the two regional human rights systems. Mindful of the broader scope of the fall-out generated by the non-implementation of judgments, including in socio-economic terms, the book includes a section exploring how judgments issued by the ECtHR and the IACtHR affect voters' participation in the countries under their jurisdiction. To this end, an original dataset including the 47 Member States of the Council of Europe and the 20 countries which recognised the adjudicatory jurisdiction of the IACtHR is built.Multidisciplinary in aim and scope of analysis, the book will be an invaluable resource for researchers, academics, and policy-makers working in the areas of constitutional law, international human rights law, and political economy.

This book offers an overview of the history and development of civil society in three major nations of South Asia - Pakistan, India and Bangladesh - from colonial times to the present. It examines the liberalization of civil society since the 1980s, the needs it created for civil action, the professionalization of civil society organizations, and the extent to which civil society may benefit society at large in the context of local, national and global transformations in the economy, political regime and ideology.The reader will find new insights on the interaction between the liberalization of multifaceted civil societies in the three countries, presenting contrasts such as restrictions put on women's organizations or labour unions and acceptance of religious organizations' activities. The volume looks at forms of transfer of civil society models, representation and democratic legitimacy of civil society organizations such as nongovernmental organizations, government organized NGOs and faith-based organizations, along with the structuring of civil society through legal frames as well as female, religious, and ethnic mobilizations around language and literature. Using wide-ranging empirical data and theoretical analyses, it deals with civil society issues relating to human rights and political challenges, justice, inequality, empowerment, and the role of bureaucracy, women's movements, and ethnic and linguistic minorities. It also presents early responses to the Covid-19 crisis in 2020 which created significant pressure on the states and on civil society.This book will be useful to scholars and researchers of political studies, development studies, sociology, public policy and governance, law and human rights, as also to professionals in think tanks, civil society activists and NGOs.

Policing Welfare Fraud charts and interrogates the suite of measures ostensibly designed to combat welfare fraud and non-compliance.

This book explores the relation between redistribution and recognition, two key paradigms in the contemporary discourse on justice. Combining insights from the traditions of critical social theory and analytical political philosophy, the volume offers a multifaceted exploration of this incredibly inspiring conceptual couple from a plurality of perspectives. The chapters engage with concepts such as universal basic income, property-owning democracy, poverty, equality, self-respect, pluralism, care, and work, all of which have an impact on individuals' recognition as well as on distributive policies.An important contribution to the field of political and social philosophy, the volume will be useful to scholars and researchers of politics, law, human rights, economics, social justice, as well as policymakers.

This volume addresses the normative legitimacy of the international order, asking how we can make sense of legitimacy claims of increasingly diverse global governance institutions and practices and how their legitimacy relates to and differs from state legitimacy.State legitimacy is a central concern of modern political thought but is inadequate when applied to institutions that differ from the state in type, level of governance, scope, and much else. We need a new, tailored approach to the legitimacy of institutions beyond the state, especially international and transnational institutions. Such an approach includes foundational questions: what does it mean for institutions to be legitimate that have radically different purposes, means, interests, capacities, constituents, and roles from states? And what standards do such institutions have to meet in order to count as legitimate? The contributions to this volume seek to advance the debate on these questions at both abstract and more concrete levels. They range from conceptual questions about the nature of legitimacy and international institutions, to rule of law, to the legitimacy of the UN Security Council, the International Criminal Court, and occupying military forces in the face of challenges specific to their nature and context. Together they demonstrate both the promise and challenges of theorizing legitimacy beyond the state.The chapters in this book were originally published as a special issue of the journal Critical Review of International Social and Political Philosophy.

This edited volume sheds light on law reform. It examines the process of law reform and explains the need for a constant appraisal to keep its wheels optimally operational.

Both developing and developed countries face an increasing mismatch between what patients expect to receive from healthcare and what the public healthcare systems can afford to provide. Where there has been a growing recognition of the entitlement to receive healthcare, the frustrated expectations with regards to the level of provision has led to lawsuits challenging the denial of funding for health treatments by public health systems.This book analyses the impact of courts and litigation on the way health systems set priorities and make rationing decisions. In particular, it focuses on how the judicial protection of the right to healthcare can impact the institutionalization, functioning and centrality of Health Technology Assessment (HTA) for decisions about the funding of treatment. Based on the case study of three jurisdictions - Brazil, Colombia, and England - it shows that courts can be a key driver for the institutionalization of HTA. These case studies show the paradoxes of judicial control, which can promote accountability and impair it, demand administrative competence and undermine bureaucratic capacities. The case studies offer a nuanced and evidence-informed understanding of these paradoxes in the context of health care by showing how the judicial control of priority-setting decisions in health care can be used to require and control an explicit scheme for health technology assessment, but can also limit and circumvent it.It will be essential for those researching Medical Law and Healthcare Policy, Human Rights Law, and Social Rights.

This book presents an exploration of a wide range of issues in law, regulation and legal rights in the sectors of information protection, the creative economy and business activities following COVID-19.The debilitative effect of the global pandemic on information protection and creative and business activities is powerful, widespread and deeply influential, bringing a range of uncertainties to these sectors. The effects of the crisis challenge the fundamentals of the legal systems of most countries in their attempt to govern them. Written by international academics from a diversified background of law disciplines and legal systems, this book offers a global vision in exploring the wide range of legal issues caused by the COVID-19 crisis in these fields. The book is organised into three clear thematic parts: Part I looks at information protection and intellectual property rights and strategies; Part II examines contracts, cooperation and mediation in the post-COVID-19 market arena; and Part III discusses issues pertaining to corporate governance and employment rights.The book explores the unprecedented challenges posed by the pandemic crisis from a global perspective. It will provide invaluable information and guidance in this area to those in the fields of law, politics and economics whose interests are related to information, business and the creative industry, as well as providing indispensable reading to business practitioners and public servants.

This book presents an international and comparative exploration of how the COVID-19 global pandemic has affected and impacted on issues of human rights, security, and law.Throughout the world, the COVID-19 global pandemic has fundamentally impacted and altered our way of life. As this book sets out, all states have had to contend with similar challenges as well as competing interests and obligations affecting human rights and security. These challenges present very few simple choices but nonetheless carry enormous consequences. Organised into two thematic and distinct yet interrelated parts, first on theoretical and practical challenges for human rights and second on threats to personal, collective, and global security, the book examines how the ability of states to safeguard our fundamental rights and security, broadly defined, has been challenged. Questions about the legality and legal impact of recent responses to COVID-19 will persist for some time. It is often said that global problems require coordinated global solutions, but the various responses to the pandemic by states suggest a notable lack of a consensus amongst the international community.The book will be of interest to academics and researchers working in the areas of human rights law and security law. It will also appeal to constitutional lawyers, given the nature of law-making and the challenge of ensuring adequate scrutiny in emergency situations as well as the impact of COVID-19 upon the legal framework more generally. It will provide a valuable resource for policymakers, practitioners, and public servants.

This collection identifies and discusses problems and opportunities for the theory and practice of international criminal justice.The International Criminal Court and project of prosecuting international atrocity crimes have faced multiple challenges and critiques. In recent times, these have included changes in technology, the conduct of armed conflict, the environment, and geopolitics. The mostly emerging contributors to this collection draw on diverse socio-legal research frameworks to discuss proposals for the futures of international criminal justice. These include addressing accountability gaps and under-examined or emerging areas of criminality at, but also beyond, the International Criminal Court, especially related to technology and the environment. The book discusses the tensions between universalism and localisation, as well as the regionalisation of international criminal justice and how these approaches might adapt to dynamic organisational, political and social structures, at the ICC and beyond.The book will be of interest to students, researchers and academics. It will also be a useful resource for civil society representatives including justice advocates, diplomats and other government officials and policy-makers.

FIDIC Contracts in Asia Pacific provides readers with detailed guidance and resources for the preparation of the Particular Conditions that will comply with the requirements of the applicable laws for a number of the jurisdictions in which FIDIC contracts are used.

This book offers a thorough academic investigation on the importance of cultural heritage to sustainable development and cultural rights from an international law perspective.

The emergence of new and substantial human migration flows is one of the most important consequences of globalisation. While ascribable to widely differing social and economic causes, from the forced migration of refugees to upper-middle-class migration projects and the movement of highly skilled workers, what they have in common is the effect of contributing to a substantial global redefinition in terms of both identity and politics.This book contains contributions from scholars in the fields of law, social sciences, the sciences, and the liberal arts, brought together to delineate the features of the migration phenomena that will accompany us over the coming decades. The focus is on the multifaceted concept of 'border' as representing a useful stratagem for dealing with a topic like migration that requires analysis from several perspectives. The authors discuss the various factors and issues which must be understood in all their complexity so that they can be governed by all social stakeholders, free of manipulation and false consciousness. They bring an interdisciplinary and comparative perspective to the social phenomena such as human trafficking, unaccompanied foreign minors, or ethnic-based niches in the job market.The book will be a valuable guide for academics, students and policy-makers.

This book selects leading, innovative and influential Chinese maritime judgments and presents full translation of them, with brief summary, to the readers so that they can have insights of how the Chinese maritime judges interpret, apply and develop Chinese maritime law in practice. China trades with other states in trillions of USD every year, and about 95% of the cargoes are carried by ocean-going ships calling at hundreds of Chinese ports each single day. Due to the enormous and steadily growing trade volume and shipping activities, foreign ships, companies and persons are often caught by the Chinese maritime law and court. The parties involved and their lawyers are more than ever enthusiastic to study Chinese maritime cases in order to deal with their own cases properly or, if possible, predict the potential problems and avoid the disputes outright. The book is appealing to and benefits worldwide law students, academics, practitioners and industrial people in the shipping, trade, insurance and financial fields. The book remedies to certain extent the situation that there is lack of authoritative sources available to foreign personnel to look into how Chinese justice system functions.