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The Associational Counter-Revolution: The Spread of Restrictive Civil Society Laws in the World’s Strongest Democratic States
February 2022 / ISBN: 978-1-64889-182-3Availability: In stock
200pp. ¦ $45 £33 €38
In an increasing number of countries around the globe, representing all regime types, in all regions, with all levels of economic and military strength, civil society’s autonomy from the state, its defining feature, is diminishing. While a variety of tools are used to restrict civil society organizations’ (CSOs) independence from the state, an increasingly popular and dangerously effective vehicle for accomplishing this goal is the law. Through the passage of legislation that imposes new restrictions on the ability of CSOs to operate free from excessive government scrutiny and control, governmental actors are gaining greater control over the non-governmental sector and in ways that benefit from the veneer of legality. Perplexingly, such laws are not only appearing in countries where they might be expected – Azerbaijan, Burundi, China, Egypt, Ethiopia, Russia, Zimbabwe, and countries throughout the Middle East. Indeed, they are increasingly appearing in democratic states too, including strong, fully consolidated democratic states with historically strong and independent civil society sectors: Canada, India, New Zealand, Spain, Israel, Hungary, Poland, and the US, to name just a few. Restrictive CSO laws, which are unsurprising in authoritarian-leaning states, are uniquely puzzling in the context of democratic ones, which have been the primary defenders, funders, and champions of a robust and independent civil society. This book explores this concerning and intriguing phenomenon by documenting its full scope and spread within the world’s strongest democratic states and attempting to explain its occurrence. Using a combination of mixed methods – theory, process tracing, interviews, and statistical analysis – this timely analysis helps to shed light on a global phenomenon that seems to be fueling the democratic backsliding visible in an increasing number of democracies throughout the world. This exploration, which bridges comparative and international law, international relations, democratic theory, and state-civil society relations, attempts to make sense of this global contagion, the closing space phenomenon, which threatens to undermine one of cornerstones of any democracy – a free and independent civil society – in the years and decades ahead.
Green Crimes and International Criminal Law
Edited by
Regina M. Paulose
Availability: In stock
364pp. ¦ $66 £49 €56
‘Green Crimes and International Criminal Law’ examines crimes against the environment, which impact not only humans, but also wildlife and ecosystems more generally. A significant point of discussion in the volume is whether green crimes can fit effectively into existing international criminal law frameworks or not. Chapter authors explore these crimes from both a definitional and theoretical perspective and in various contexts in different parts of the world, questioning whether these violations have led to or are violations of international criminal law. While the recognition of green crimes in the international criminal law community has been slow, it has increasingly gained widespread attention. This volume acknowledges the growing interest and seeks to promote debate among academics and professionals working on the subject. The aim of these texts is to encourage meaningful action around green crimes within the international criminal law community so that environmental justice can become established. The collection will be of particular interest to practicing attorneys and academics studying international criminal law, especially those keen on investigating how green crimes can be incorporated into the specific canon of international law.
How Law Works: Collected Articles and New Essays
November 2020 / ISBN: 978-1-62273-826-7Availability: In stock
556pp. ¦ $73 £55 €62
This book chronicles developments in legal practice, intellectual property, and privacy law from the dawn of the digital age to today’s world of social media and cloud technologies. Part autobiography, part legal history, and part philosophy of law, the volume explores the nature of legal reasoning, property, privacy, and personal identity. Hemnes weaves these large issues into meticulously researched analysis of the legal protection for computer software, the mechanics of software licensing, trademark protection and the use of intellectual property as collateral. Hemnes also considers how and why the promise of the early digital age in the 20th century declined into the rampant factionalism, nationalism, and terrorism of the early 21st century. An indispensable resource for anyone studying the emergence of intellectual property rights as a cornerstone of the modern economy, this book also serves as a foundational reference tool for professors, students, and practitioners of intellectual property. The breadth and value of information contained within its pages, from the very basics of computer software protection to the intricacies of negotiation strategy for indemnification clauses, warrants a place on the library shelves of every practitioner of intellectual property and privacy law and on the reading list of every intellectual property, privacy and jurisprudence course.
Brexit: A Way Forward
Edited by
Marcello Sacco, Leeds University Law School, UK
Availability: In stock
398pp. ¦ $61 £46 €52
The outcome of the European Union membership referendum in 2016 has presented the United Kingdom with one of its greatest challenges of modern times. As negotiations for an exit strategy continue, this volume looks to open up conversations on the socio-legal implications of such a monumental transition. Aimed at addressing issues relating to Brexit that affect every aspect of British society, this book seeks to not just list the problems but to offer viable solutions for “the way forward”. Divided into three parts, this book presents a comprehensive yet accessible discussion of the impact of Brexit on the United Kingdom. Part I brings together three social studies that reveal that Brexit may be the result of international nationalist narratives, and that the choice to leave the EU is already affecting Brits abroad and the future opportunities for British students. Part II turns its attention to national legal issues that are affected such as the Irish border, waste management, moral copyright, and the support of local enterprises. Lastly, Part III investigates commercial law touching on important topics such as international litigation, insolvency and tax law. As this publication suggests eventual solutions to several issues caused by Brexit, it may be of interest to not only other academics working in the field, but also to policy makers and relevant stakeholders.
Common Law and Civil Law Today - Convergence and Divergence
Edited by
Marko Novakovic, Institute of International Politics and Economics, Serbia
Availability: In stock
502pp. ¦ $66 £49 €56
Authors from 13 countries come together in this edited volume, Common Law and Civil Law Today: Convergence and Divergence, to present different aspects of the relationship and intersections between common and civil law. Approaching the relationship between common and civil law from different perspectives and from different fields of law, this book offers an intriguing insight into the similarities, differences and connections between these two major legal traditions. This volume is divided into 3 parts and consists of 22 articles. The first part discusses the common law/civil law dichotomy in the international legal systems and theory. The second focuses on case-law and arbitration, while the third part analyses elements of common and civil law in various legal systems. By offering such a variety of approaches and voices, this book allows the reader to gain an invaluable insight into the historical, comparative and theoretical contexts of this legal dichotomy. From its carefully selected authors to its comprehensive collection of articles, this edited volume is an essential resource for students, researchers and practitioners working or studying within both legal systems.
The Exclusive Economic Zone
February 2019 / ISBN: 978-1-62273-535-8Availability: In stock
300pp. ¦ $67 £50 €57
Traditionally, the law of the sea was divided into the territorial sea and the high seas which accounted for the application of different rules under different circumstances. Concerning the territorial sea, the coastal state enjoys full sovereignty to the right of innocent passage, while under the high seas rules all countries enjoy multifaceted uses of the sea qualified only by the limitations imposed by international law. The development of the exclusive economic zone ended this traditional dualism and ushered in guidelines that are embodied within the text of the LOS Convention. The Exclusive Economic Zone presents to academia and the general reading public a comprehensive study of the EEZ concept as it relates to the LOS Convention and state practice. The Exclusive Economic Zone shows that even through coastal states have the right to develop a 200 miles EEZ and that this right is an integral part of contemporary international relations, it is also true that the EEZ concept is shrouded in legal ambiguities. Using qualitative and inductive methods, the scholarship draws on treaties, official proclamations, government archives, and scholarly works that are germane to the development of the EEZ. Students, scholars, and members of the general public with an interest in international law will find that The Exclusive Economic Zone deepens their understanding of the evolution of the EEZ concept.
Market Abuse Regulation in South Africa, the United States of America and the United Kingdom
Howard Chitimira, North West University, South Africa
Availability: In stock
236pp. ¦ $56 £46 €53
This book provides a concise comparison of the regulation and enforcement of the anti-market abuse laws (insider trading and market manipulation) in South Africa, the United States of America (USA) and United Kingdom (UK). Bringing together a number of previously published articles, the book provides a novel discussion of the challenges associated with the enforcement of market abuse laws in both developing countries such as South Africa and developed ones such as the USA and the UK. This is primarily done to examine and expose the current strengths and weaknesses of market abuse laws in relation to certain aspects of the corporate, securities and financial markets environments in South Africa, the USA and the UK. Accordingly, chapters two to five of the book unpack the regulation and enforcement of market abuse laws in South Africa and the USA in a comparative perspective. Thereafter, chapters six to eight of the book discuss the regulation and enforcement of market abuse laws (Financial Markets Act 19 of 2012) and other related statutes in South Africa and the UK. The book proposes some measures that could be utilised to enhance the enforcement of anti-market laws in South Africa, USA and the UK. New market abuse-related challenges that occurred during the global financial crisis are also briefly discussed. The book further provides a relatively adequate overview of the comparative analysis of the regulation of market abuse in South Africa versus two key developed and respected jurisdictions, namely, the USA and the UK. Accordingly, it is hoped that the book can aid regulatory authorities, financial market participants, academics, students and other interested readers to understand market abuse offences and possible measures that could be employed to combat such offences.
Eugen Ehrlich: Bibliographic Index
Edited by
Slávka Tomaščíková, Pavol Jozef Šafárik University in Košice, Slovakia
Availability: In stock
352pp. ¦ $66 £49 €56
The Bibliographic Index EUGEN EHRLICH is a guide through available materials containing information about the life, scientific, educational, legislative and social activities of the Austrian lawyer and university professor in the period of 1896-1918. Eugen Ehrlich was the Dean in 1901-1902 and 1908-1909 and the Vice-Dean of the Faculty of Law in 1902-1903 and 1909-1910, the Vice-Rector in 1907-1908, and the Rector of Franz Joseph University in Czernowitz in 1906-1907 (now Ukrainian: Chernivtsi). Moreover, ex officio, he was a member of the local parliament. The Index includes the foreword of the compilers, an introductory article, a selected basic chronology with the dates of the life and work of Eugen Ehrlich, and the four main structural parts: “List of works by Eugen Ehrlich”, “Eugen Ehrlich as editor”, “Literature about Eugen Ehrlich’s life and activity” and “Appendices: Documents from Chernivtsi University Scientific Library holdings”. “List of works by Eugen Ehrlich”, “Periodicals with Eugen Ehrlich's publications”, “List of used periodicals”, and “Name index” are all provided for the convenience of users. The “Name index” includes all the names recorded in the main text of the publication (numbers of bibliographic records of works devoted to individual persons are enclosed in parentheses). The book contains photographs of Eugen Ehrlich and photographs of materials linked to his life and activities. They have made the bibliographic index more attractive and more interesting for readers. The Index can help users find necessary documents and verify the accuracy of existing information, that it becomes a prerequisite for further research, and finally, it will be useful to all who are interested in Eugen Ehrlich’s life journey and scientific legacy.
