Market Abuse Regulation in South Africa, the United States of America and the United Kingdom

Howard Chitimira, North West University, South Africa

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

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.

Brexit: A Way Forward

Edited by Marcello Sacco, Leeds University Law School, UK

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.

Law and Economics: Market, Non-market and Network Transactions

Edited by Panta Murali Prasad, Indian Institute of Technology Kanpur, India and Ranita Nagar, Gujarat National Law University, Gandhinagar , India

It is well known that sustainable development practices, technological innovation and good governance play a major role in the accumulation of wealth in a knowledge economy. Hence, the state promotes competition, provides incentives to conserve resources and creates opportunities for citizens to push for innovation and invention. As a result, the formulation of efficient legal rules is essential for protecting intellectual property rights, fully specified contracts and effective ex-ante and ex-post systems. However, can efficient legal rules improve societal well-being by changing the behaviour of individuals and basic social structures and trends? And if so, how can these legal rules be formulated? In their Second International Conference on Law and Economics, the Indian Institute of Technology Kanpur aimed to address the formulation and implementation of efficient legal rules while at the same time working towards a greater dissemination of law and economics-based research. This book is the final outcome of this conference that saw over thirty presentations take place. The twelve carefully selected contributions to this volume cover a broad range of topics within law and economics from engaging with decisions makers to create a process for the routine collection of empirical evidence to perceived gender discrimination and stress among working professionals. This book is not only an important contribution to law and economics scholarship but will also be of great interest to both universities and research institutions working within the field.

The Exclusive Economic Zone

Charles Quince

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.

Metaphysics of Human Rights 1948-2018

On the Occasion of the 70th Anniversary of the UDHR

Edited by Elisa Grimi and Luca Di Donato, State Professional School B. Cavalieri, Italy

The 1948 Declaration of Human Rights demanded a collaboration among exponents from around the world. Embodying many different cultural perspectives, it was driven by a like-minded belief in the importance of finding common principles that would be essential for the very survival of civilization. Although an arduous and extensive process, the result was a much sought-after and collective endeavor that would be referenced for decades to come. Motivated by the seventieth anniversary of the 1948 Universal Declaration of Human Rights and enriched by the contributions of eminent scholars, this volume aims to be a reflection on human rights and their universality. The underlying question is whether or not, after seventy years, this document can be considered universal, or better yet, how to define the concept of “universality.” We live in an age in which this notion seems to be guided not so much by the values that the subject intrinsically perceives as good, but rather by the demands of the subject. Universality is thus no longer deduced by something that is objectively given, within the shared praxis. Conversely, what seems to have to be universal is what we want to be valid for everyone. This volume will be of interest to those currently engaged in research or studying in a variety of fields including Philosophy, Politics and Law.

How Law Works: Collected Articles and New Essays

Thomas Hemnes

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.

Laurent Gbagbo’s Trial and the Indictment of the International Criminal Court

A Pan-African Victory

Gnaka Lagoke

The International Criminal Court (ICC), created in 2002 to combat impunity, projects a sense of unfairness and stirs an unending debate. A trial before the court epitomizes the controversy surrounding it, perceived as a neocolonialist tool in the hands of the most powerful nations. This research critically examines the trial of the former president of Ivory Coast, Laurent Gbagbo. The two-decade crisis in Ivory Coast was a series of armed, diplomatic, and political conflicts in which human rights were violated by all sides. Military confrontation resumed as a result of an electoral stalemate that followed a controversial presidential election in the fall of 2010. The most atrocious human rights abuse was perpetrated at the end of March 2011 by the rebel forces backed by the French and the United Nations troops: the massacre of Duékoué. In one day, hundreds of Laurent Gbagbo’s followers were killed. However, the ICC undertook a selective prosecution against Gbagbo’s camp. After a trial of eight years, Laurent Gbagbo was finally acquitted. The news of his unanticipated acquittal shocked the world. Later, that decision was overturned and transformed into freedom with binding and coercive conditions by the Appeals Chamber, which had succumbed to political pressure. The former president of Ivory Coast spent months of confinement in Belgium until the Appeals Chamber rebutted the prosecutor’s appeal against his release and confirmed his total acquittal and that of Blé Goudé. He eventually went back to Ivory Coast on June 17, 2021. The trial of Laurent Gbagbo before the ICC, despite his acquittal (a tardy one), reflects a series of biases germane to international law and international justice, such as the victor’s justice stance, the conflict between national law and international law, the question of sovereignty, and the issue of lawfare. The trial of Laurent Gbagbo, which was the hallmark of the selective international justice system embedded in unfairness, led to a historical landmark with his shocking acquittal, which led to the indictment of the International Court, whose fate has thus been sealed before history.

A Socio-Criminological Analysis of the HIV Epidemic

Bruno Meini

***2022 NYC Big Book Award Winner in the category of Sociology*** En el mundo del siglo XXI, las epidemias son sucesos biológicos y sociales comunes y el VIH quizás lo enfatice mejor que cualquier otra enfermedad. Sin duda, la investigación científica médica ha dado importantes pasos hacia adelante; mientras tanto, el campo de la investigación social se encuentra todavía en sus etapas iniciales y muchos esperan una respuesta igualmente auspiciosa. 'Un Análisis Socio-Criminológico de la Epidemia del VIH' ofrece un análisis integral de las dimensiones socio-criminológicas multifacéticas de la epidemia del VIH y contribuye positivamente al debate sociológico en curso sobre las enfermedades infecciosas. El autor pretende crear una epistemología independiente del VIH para explicar las fuerzas sociales que impactan y determinan el curso y la experiencia de la epidemia, al mismo tiempo que busca replantear el discurso popular sobre el VIH para reflejar las conceptualizaciones sociológicas. Este último paso conduce a la identificación del concepto de interacción social como una herramienta adecuada para resaltar la compleja naturaleza social de este virus. El desafío sin precedentes que plantea la epidemia para la comunidad internacional exige una cooperación global dirigida a evaluar los diversos aspectos de los problemas que muchos actores de este trágico drama deben abordar. Dado su atractivo internacional de amplio alcance, este libro también se recomienda para aquellos involucrados o interesados ​​en problemas de salud global y enfermedades infecciosas. Será de particular interés para los investigadores médicos, los trabajadores de la salud, los científicos sociales, los trabajadores sociales, los encargados de formular políticas, los trabajadores humanitarios, los activistas del VIH y los derechos humanos y los estudiantes de posgrado.

Green Crimes and International Criminal Law

Edited by Regina M. Paulose

‘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.

Wall to Wall: Law as Culture in Latin America and Spain

Edited by Carlos Varon, UC Riverside et al.

'Wall to Wall: Law as Culture in Latin America and Spain' comprises interventions from a wide array of scholars based in the US, Spain, and Latin America, exploring the encounter of Hispanophone cultures and the law. Its contributors delineate a fraught relationship of complicity, negotiation, and outright confrontation covering five centuries and a truly global landscape, from Inquisitorial processes at the onset of the Spanish Empire to last-ditch plans to preserve it in the 19th century Philippines, to the challenges to contemporary articulations of the nation-state in Catalonia. Beyond single, specialized time-period and national cultures, 'Wall to Wall' embraces and showcases the heterogeneity of the field, covering both well-known territory (Argentina, Mexico, Spain) and often-neglected cultures (Venezuela, Philippines, and indigenous communities in the Yucatan area), as well as problems that cannot be narrowed down to the nation-state (exile, independence processes, non-state laws, translation of foreign cultures). Contributors include: Aurélie Vialette, Daniel Aguirre-Oteiza, Daniela Dorfman, María Fernanda Lander, Gloria Elizabeth Chacón, Iván Trujillo, Benjamin Easton, Pauline de Tholozany, Lauren G.J. Reynolds, Ignasi Gozalo-Salellas, and Gabriela Balcarce. The chapters included foreground the conceptual diversity of the field, in dialogue with issues in literary and visual culture, (post-)colonialism, race, nationalism, gender, and class. Not only do they place vernacular objects in dialogue with current international concepts and methods, but these essays also aim to advance an autonomous conceptual and theoretical work-based approach. Its chapters aspire to enter a global discussion around the state-centered aspiration to shape culture and the many literary and cultural practices that escape it; researchers of those issues and Latin American and Iberian studies will find new venues to rethink their global archive.

The Associational Counter-Revolution: The Spread of Restrictive Civil Society Laws in the World’s Strongest Democratic States

Chrystie Flournoy Swiney

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.

Un Análisis Socio-Criminológico de la Epidemia del VIH

Bruno Meini

***2022 NYC Big Book Award Winner in the category of Sociology*** En el mundo del siglo XXI, las epidemias son sucesos biológicos y sociales comunes y el VIH quizás lo enfatice mejor que cualquier otra enfermedad. Sin duda, la investigación científica médica ha dado importantes pasos hacia adelante; mientras tanto, el campo de la investigación social se encuentra todavía en sus etapas iniciales y muchos esperan una respuesta igualmente auspiciosa. 'Un Análisis Socio-Criminológico de la Epidemia del VIH' ofrece un análisis integral de las dimensiones socio-criminológicas multifacéticas de la epidemia del VIH y contribuye positivamente al debate sociológico en curso sobre las enfermedades infecciosas. El autor pretende crear una epistemología independiente del VIH para explicar las fuerzas sociales que impactan y determinan el curso y la experiencia de la epidemia, al mismo tiempo que busca replantear el discurso popular sobre el VIH para reflejar las conceptualizaciones sociológicas. Este último paso conduce a la identificación del concepto de interacción social como una herramienta adecuada para resaltar la compleja naturaleza social de este virus. El desafío sin precedentes que plantea la epidemia para la comunidad internacional exige una cooperación global dirigida a evaluar los diversos aspectos de los problemas que muchos actores de este trágico drama deben abordar. Dado su atractivo internacional de amplio alcance, este libro también se recomienda para aquellos involucrados o interesados ​​en problemas de salud global y enfermedades infecciosas. Será de particular interés para los investigadores médicos, los trabajadores de la salud, los científicos sociales, los trabajadores sociales, los encargados de formular políticas, los trabajadores humanitarios, los activistas del VIH y los derechos humanos y los estudiantes de posgrado.

Community Structures and Processes on Lives of Refugee Children

Edited by Yvonne M. Vissing, Salem State University and Sofia Leitao, Rinova Limited

Communities around the world face challenges in how to assist the influx of refugees and immigrants, who arrive with only the clothes on their backs. They may have health problems and have experienced violence and trauma before they arrived in their new communities. They require healthcare, housing, education, jobs, financial & material support, and childcare, to name a few. Some arrive with families, but often, children and youth arrive unaccompanied and are in need of special care. Even well-intentioned and resource-rich communities may find themselves taxed as they struggle to help everyone in need. This book is framed by a human rights approach and highlights how social structures and institutional processes impact the lives of refugee and asylum-seeking children. Social institutions around the world tend to experience a similar type of challenge in serving this population. These challenges are examined in this book as recommendations for actions provided. The authored contributions present different perspectives on processes, interactions, policies, practices, and laws embedded in a variety of institutions and community social interactions. It is a reference for researchers, practitioners, and students in its presentation of academic and practitioner approaches to challenges faced by refugee children in different geographic and social contexts. Topics in this book include work on the character of transnational migrant families and communities, uses of new information and communication technologies, international frameworks of humanitarian assistance, social inclusion best practices in the integration of migrant children and unaccompanied minors, and models to provide multidisciplinary services on prevention, integration and rehabilitation integration strategies. Concepts of ACEs (Adverse Childhood Experiences) and HOPEs (Healthy Outcomes from Positive Experiences) are explored, along with lifelong learning as a catalyst for the sustained promotion of safe communities in the context of migration; and individual refugee needs and their family’s future wellbeing towards service to refugees that work for the individual.

Laws and policies to contrast and prevent Gender-Based Violence Against Women

A comparative analysis between Spain and Italy (1993-2015)

Stellamarina Donato, LUMSA University of Rome, Italy

What stage of development are women’s rights as human rights? By specifically regarding the prevention and elimination of all forms of Violence Against Women, the book focuses on two European Mediterranean countries: Italy and Spain. The book first considers the chronological description and analysis of the main international documents, those belonging to the United Nations apparatus, followed by the analysis of the sources on Gender-Based Violence Against Women (GBVAW) of the Council of Europe and the European Union. The analysis of international documents guarantees an initial overview of the debate on GBVAW, following a top-down approach, from the UN to the national level. Successively, the focus is on both national sources as well as the level of government responsiveness in terms of policies on GBVAW in Italy and Spain, while also comparing the cases. The book adopts multimethod research based on qualitative text analysis; an examination of the level of national Government Responsiveness to GBVAW, and a series of in-depth interviews with targeted individuals. The final aim of this book is to understand how international (UN) and regional (CoE, EU) documents on GBVAW, along with the categories and expressions used within the documents, have contributed to different policies in countering GBVAW in Italy and Spain, while also highlighting the reasons why the two countries responded differently. Within a comprehensive international scenario, this book intends to create space for debate on possible future EU policies aimed at contrasting GBVAW.

Dialoguing with Critical Race Theory: Constitutional and Christian Links

Mark Ellingsen, Interdenominational Theological Center

Critical Race Theory (CRT) is certainly a hot topic. No longer just the legal theory it was originally designed to be, it has become an icon for determining which side you are on concerning racism. Most of the loudest voices, especially in the debate about CRT in our schools, seem not to have actually studied the theory. This is a book to get you into the heart of CRT’s actual analysis and prescriptions. It’s a book to get Americans to stop all the shouting and really find out what CRT teaches. It might also contribute to getting more civility into our public discourse. Ellingsen demonstrates how in fact what Critical Race Theory teaches is in line with our Constitutional system’s realism about political solutions, suspicions of our selfishness, and the majority’s tendency to run roughshod over minorities. He also demonstrates that these commitments are consistent with Christianity’s understanding of original sin and the quest for social justice. Consequently, if critics do not want CRT taught in our schools or to be part of our public discourse, we had better stop teaching the Constitution and Christian values in our schools, to rule these commitments as out of order in our search for common values! Get ready for a stimulating, controversial, well-documented read.