Clamouring for Legal Protection
| Author | : Robert F Barsky |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 289 |
| Release | : 2021-07-15 |
| Genre | : Law |
| ISBN | : 1509943153 |
In this novel approach to law and literature, Robert Barsky delves into the canon of so-called Great Books, and discovers that many beloved characters therein encounter obstacles similar to those faced by contemporary refugees and undocumented persons. The struggles of Odysseus, Moses, Aeneas, Dante, Satan, Dracula and Alice in Wonderland, among many others, provide surprising insights into current discussions about those who have left untenable situations in their home countries in search of legal protection. Law students, lawyers, social scientists, literary scholars and general readers who are interested in learning about international refugee law and immigration regulations in home and host countries will find herein a plethora of details about border crossings, including those undertaken to flee pandemics, civil unrest, racism, intolerance, war, forced marriage, or limited opportunities in their home countries.
Making Transnational Law Work in the Global Economy
| Author | : Pieter H. F. Bekker |
| Publisher | : Cambridge University Press |
| Total Pages | : 719 |
| Release | : 2010-10-28 |
| Genre | : Law |
| ISBN | : 1139492144 |
This tribute to Professor Detlev Vagts of the Harvard Law School brings together his colleagues at Harvard and the American Society of International Law, as well as academics, judges and practitioners, many of them his former students. Their essays span the entire spectrum of modern transnational law: international law in general; transnational economic law; and transnational lawyering and dispute resolution. The contributors evaluate established fields of transnational law, such as the protection of property and investment, and explore new areas of law which are in the process of detaching themselves from the nation-state such as global administrative law and the regulation of cross-border lawyering. The implications of decentralised norm-making, the proliferation of dispute settlement mechanisms and the rising backlash against global legal interdependence in the form of demands for preserving state legal autonomy are also examined.
Timber and Forestry in Qing China
| Author | : Meng Zhang |
| Publisher | : University of Washington Press |
| Total Pages | : 282 |
| Release | : 2021-06-30 |
| Genre | : History |
| ISBN | : 0295748885 |
In the Qing period (1644–1912), China's population tripled, and the flurry of new development generated unprecedented demand for timber. Standard environmental histories have often depicted this as an era of reckless deforestation, akin to the resource misuse that devastated European forests at the same time. This comprehensive new study shows that the reality was more complex: as old-growth forests were cut down, new economic arrangements emerged to develop renewable timber resources. Historian Meng Zhang traces the trade routes that connected population centers of the Lower Yangzi Delta to timber supplies on China's southwestern frontier. She documents innovative property rights systems and economic incentives that convinced landowners to invest years in growing trees. Delving into rare archives to reconstruct business histories, she considers both the formal legal mechanisms and the informal interactions that helped balance economic profit with environmental management. Of driving concern were questions of sustainability: How to maintain a reliable source of timber across decades and centuries? And how to sustain a business network across a thousand miles? This carefully constructed study makes a major contribution to Chinese economic and environmental history and to world-historical discourses on resource management, early modern commercialization, and sustainable development.
Dispute Resolution in China
| Author | : Weixia Gu |
| Publisher | : |
| Total Pages | : 240 |
| Release | : 2021 |
| Genre | : Arbitration and award |
| ISBN | : 9781138823594 |
In recent years, the Chinese legal system on civil litigation, arbitration and mediation, including their respective laws, regulations, and legal institutions, has undergone many changes. These reforms include, for example, three rounds of Reform Plans of the People's Courts (1998-2013), amendments to the Civil Procedure Law in 2007 and 2012, revisions to rules of China's flagship arbitration institution, the China International Economic and Trade Arbitration Commission (CIETAC), in 2005 and 2012, and promulgation of the People's Mediation Law in 2010. This book focuses on the law and development of these three major dispute resolution mechanisms in China, examining the design and legal framework of civil litigation, arbitration and mediation, their operations, challenges, and past-decade reforms. It also explores the wider contextual factors (political, economic, and societal) that led to these developments and looks at the possible obstacles to further development, for civil justice reform in particular and rule-of-law in general. By examining up-to-date literatures while exploring answers to the academic inquiries, this book provides a thorough analysis of the dynamic contemporary Chinese system of dispute resolution that has on the one hand blended Chinese traditions, socioeconomic and sociopolitical realities, guanxi culture and foreign experience, and has on the other hand developed distinctively to respond to China's market and societal transitions. This book will be an invaluable reference tool for students, scholars and practitioners with an interest in Chinese law, dispute resolution, and broader economic and political dimensions of dispute resolution development in China.
The Advancement of International Law
| Author | : Charles Leben |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 346 |
| Release | : 2010-10-15 |
| Genre | : Law |
| ISBN | : 1847316034 |
Any talk of the advancement of international law presupposes that two objections are met. The first is the 'realist' objection which, observing the state of international relations today, claims that when it comes down to the important things in international life-war and peace, and more generally power politics among states-no real advancement has been made: international society remains a society of sovereign states deciding matters with regard solely to their own best interests and with international law all too often being no more than a thin cloak cast over the precept that 'might is right'. Against this excessive scepticism stands excessive optimism: international law is supposedly making giant strides forward thanks especially to the tremendous mass of soft law generated by international organisations over the past sixty years and more. By incautiously mixing all manner of customs, treaties, resolutions and recommendations, a picture of international law is painted that has little to do with the 'real world'. This book is arranged into three sections. The first purports to show from the specific example of international investment law that the past half-century has seen the invention of two genuinely new techniques in positive law: state contracts and transnational arbitration without privity. This is 'advancement' in international law not because the techniques are 'good' in themselves (one may well think them 'bad') but because they have introduced legal possibilities into international law that did not exist heretofore. The second section examines the theoretical consequences of those new legal techniques and especially the way they affect the theory of the state. The third widens the field of view and asks whether European law has surpassed international law in a move towards federalism or whether it represents a step forward for international law. These reflections make for a clearer theoretical understanding of what constitutes true advancement in international law. Such an understanding should give pause both to those who argue that hardly any progress has been made, and to those who are overly fanciful about progress.
Preventing Child Trafficking
| Author | : Jonathan Todres |
| Publisher | : JHU Press |
| Total Pages | : 316 |
| Release | : 2019-12-17 |
| Genre | : Medical |
| ISBN | : 1421433028 |
How can a public health approach advance efforts to prevent, identify, and respond to child trafficking? Child trafficking is widely recognized as one of the critical issues of our day, prompting calls to action at the global, national, and local levels. Yet it is unclear whether the strategies and tools used to counter this exploitation—most of which involve law enforcement and social services—have actually reduced the prevalence of trafficking. In Preventing Child Trafficking, Jonathan Todres and Angela Diaz explore how the public health field can play a comprehensive, integrated role in preventing, identifying, and responding to child trafficking. Describing the depth and breadth of trafficking's impact on children while exploring the limitations in current responses, Todres and Diaz argue that public health frameworks offer important insights into the problem, with detailed chapters on how professionals and organizations can identify and respond effectively to at-risk and trafficked children. Drawing on the authors' years of experience working on this issue—Diaz is a doctor at a frontline medical center serving at-risk youth, victims, and survivors; Todres is a legal expert on legislative and policy initiatives to address child trafficking—the book maps out a public health approach to child trafficking, the role of the health care sector, and the prospects for building a comprehensive response. Providing readers with advice geared toward better understanding trafficking's root causes, this revelatory book concludes by mapping out a "public health toolkit" that can be used by anyone who is interested in preventing child trafficking, from policymakers to professionals who work with children.
(Re)structuring Copyright
| Author | : Daniel J. Gervais |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 459 |
| Release | : 2017-03-31 |
| Genre | : Law |
| ISBN | : 1785369504 |
In this bold and persuasive work Daniel Gervais, one of the world’s leading thinkers on the subject of intellectual property, argues that the international copyright system is in need of a root and branch rethink. As the Internet alters the world in which copyright operates beyond all recognition, a world increasingly defined by the might of online intermediaries and spawning a generation who are simultaneously authors, users and re-users of creative works, the structure of copyright in its current form is inadequate and unfit for purpose. This ambitious and far-reaching book sets out to diagnose in some detail the problems faced by copyright, before eloquently mapping out a path for comprehensive and structured reform. It contributes a reasoned and novel voice to a debate that is all too often driven by ignorance and partisan self-interest.
