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This book begins with the belief that, if a moral principle cannot be identified in the language of the law, if law is not underpinned by a moral understanding of the norm, if the moral accusation is not attached to the violations of certain indispensable norms of the law, then we are violating the peremptory character of the universality of the moral law. The book vicariously objects to any dispute for the advantage of the impunity of those who have cruelly contravened the corpus juris of international peremptory criminal law.…
This book argues that if law is not underpinned by a moral understanding, the moral law itself is violated. It objects to impunity for those who contravene international peremptory criminal law, reaffirming universal principles of truth, equality, and the essential value of man.
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From £67.99
This pioneering scholarly oeuvre evaluates the major comparative philosophy of Islamic international criminal justice. It represents an in-depth analysis of the necessities of creating an Islamic international criminal court, its possible jurisdiction, proceedings, judgments, and sanctions. It implies a court functioning under the legal personality of the International Criminal Court, with comparative international criminal lawyers with basic knowledge of Shariah contributing to the prevention of crimes and impunity at an international level. The morality and philosophy of Islamic justice are highly relevant with reference to the atrocities committed explicitly or…
This pioneering work explores the intersection of Islamic and international criminal law. It argues for creating an Islamic international criminal court to prevent impunity for atrocities committed in the name of Islam, examining its jurisdiction, procedures, and sanctions.
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This book describes how the international sales of goods have generally been ruled by either English Law or Civil Law, which has often posed problems due to different approaches regarding certain principles and institutions. It clarifies how the Vienna Convention on Contracts for the International Sale of Goods of 11th April, 1980, tried to harmonise these differences with a codification technique, typical of civil law, giving privilege to rules of civil law most of the time, but also introducing institutions from common law, that are not incompatible with…
International sales have been ruled by conflicting English and Civil Law. This book shows how the Vienna Convention (CISG) harmonised these differences, blending civil law codification with common law institutions to bring vital certitude and sophistication to global commerce.
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This book examines a variety of important issues that arise in tort and free speech cases, including asset freezing orders, non-pecuniary damages in financial services cases, the illegality defense in restitution cases, contributory negligence and the avoidable loss rule, whether robotic speech should be protected like other speech, fact-checking remedies and disinformation, the right of reply in media regulation, the right to be secure and free speech, and social media platform censorship.
This book examines important issues in tort and free speech, including asset freezing orders, contributory negligence, robotic speech, disinformation, and social media platform censorship.
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This collection of essays highlights the many problems and challenges facing human rights law today. Bringing together academics, practitioners and NGOs, it examines some of the contemporary challenges facing human rights law and practice in England, Northern Ireland, the Republic of Ireland, France and America. It is clear that we live in a time where human rights are in crisis. A decade of austerity measures at the domestic, regional and international levels evidently has had a detrimental effect on the protection of human rights. Cuts to social spending have resulted…
This collection of essays examines the contemporary crisis facing human rights. Bringing together academics and practitioners, it links austerity and the rise of the far-right to a crucial question: are human rights rights at all?
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The United Nations System
A Synopsis
This volume introduces the United Nations by considering its purposes, as stated in Article 1 of its Charter. It provides a concise history of this institution, and describes its structure, concentrating on its Funds and Programmes, Specialized Agencies, and Regional Commissions. It then splits the work into two different major sections, on the basis of topic and geographical region. The former includes the following: development, education, environment, food and agriculture, and peace and security, while the latter comprises Africa, the Americas, Asia, Europe and Oceania. These are followed by reflective…
This introduction to the United Nations covers its purposes, history, and structure. The volume examines the UN’s work through two major sections: by topic, including development, peace, and security; and by geographical region, from Africa and the Americas to Asia and Europe.
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£66.99
This book provides a comprehensive exploration of the legal landscape surrounding the transportation of goods by sea, with a focus on the use of Letters of Indemnity (LoI) and Bills of Lading. This book aims to bridge the gap between legal theory and maritime business practice, shedding light on the challenges and complexities faced by shippers, carriers, and consignees in the application of these essential documents. The primary objectives are to analyze the regulatory frameworks governing ocean freight both internationally and nationally and to understand the legal implications of LoIs…
This guide to the legal landscape of sea transport focuses on Letters of Indemnity (LoI) and Bills of Lading. It bridges legal theory and maritime practice, analyzing risks and offering practical solutions for shippers and carriers, including emerging blockchain technology.
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The Palestinian Constitutional Court
An Assessment of Its Independence under the Emergency Regime
This book assesses the legal and practical independence of the Palestinian Constitutional Court since the coup in July 2007 that brought the Fatah regime to power in the West Bank. It argues that the Court has failed to perform its fundamental function, namely upholding the Basic Law in the face of authoritarian actions by that regime, and that it is highly unlikely to resolve this problem while the state of emergency continues. This book offers a case study on how constitutional courts in authoritarian regimes fail to fulfil,…
This book argues the Palestinian Constitutional Court has failed to uphold the Basic Law against authoritarian actions. It offers a case study on how courts in authoritarian regimes obstruct rights and is the first authoritative English-language study of the Court’s judgments.
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Public Interests in International Investment Law
Balancing Protection for Investor and Environment
Are conflicts between the ‘old capitalists’ and ‘new money’ manifest in today’s economy? Are investment treaties, which have traditionally been used to protect capital exporting states, now beginning to cause unwelcome side effects for them? International investment law has long been held as an economic and political instrument in the regime of international investment, with international investment treaties having been concluded to protect foreign investment and investors for a substantial period of time. However, the emerging new economic powers from the Third World are causing this to change.…
Pitting environmental protection in host states against states’ obligations to promote foreign investments under the existing international investment treaty and dispute settlement practices, Ren interprets investment treaty provisions by introducing environmental reflection.
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The Future of Post-Human History
A Preface to a New Theory of Universality and Relativity
Is history really so universalistic (even when similar events happen in different contexts) that, as George Santayana (1905) once famously wrote, “[t]hose who cannot remember the past are condemned to repeat it”? This more universalistic view of history can be contrasted with an opposing view which is more relativistic in orientation, as shown by the equally known remark by Winston Churchill that “[h]istory is written by the victor,” to the extent that what is regarded as true in history today may not be so in another era when a…
Are those who cannot remember the past condemned to repeat it, or is history written by the victor? This book rejects these opposing views, offering a new theory to understand history in the context of universality and relativity.
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£64.99
Climate change knows no boundaries and its cost must be borne by all earthlings. While the technologically advanced and developed countries are better prepared for responding to climate change, it is the developing countries that are the most vulnerable to climate change impacts because they have fewer resources to adapt politically, socially, technologically and financially. Climate change is, thus, a matter of moral and cultural ethics. Climate change adaptation methods need to accommodate traditional environmental knowledge and practices of different indigenous cultures. This book explores the ability to concerted global…
Developing countries are the most vulnerable to climate change impacts, making it a matter of moral ethics. This book explores how concerted global action and traditional knowledge can enable them to adapt to the effects of climate change.
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Global Discourse in Fractured Times
Perspectives on Journalism, Media, Education, and Politics
Communication and information, facilitated by the internet and social media, play a highly influential role in the daily lives of peoples around the world. Drawing attention to many contemporary issues, the contents of this eclectic, multifaceted, international, and well-researched volume are engaging, thought-provoking, and informative. This book will be of great value to researchers and media professionals, and will serve as an essential resource for senior and graduate-level college courses in international communication, cultural studies, mass media, journalism, political communication, and related subjects.
This engaging, thought-provoking, and informative international volume addresses contemporary issues in communication and media. It is an essential resource for researchers, media professionals, and students in communication, cultural studies, and related subjects.
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Peace and Conflict Resolution in Africa
Lessons and Opportunities
This publication is the product of the 25th Annual Africa and Diaspora Conference in 2016, organized by the Center for African Peace and Conflict Resolution at California State University, Sacramento, on the theme of “Peace and Conflict Resolution in Africa 25 Years Later: Lessons, Best Practices and Opportunities”. It brings together reflections on both historical and contemporary or recurring conflicts in Africa, especially on issues of ethno-religious conflicts, corruption, land, and leadership. The chapters include case studies and some theoretical perspectives on the persistent search for the right size and…
This conference proceedings compiles reflections on both historical and contemporary conflicts in Africa, focusing on issues of ethno-religious conflicts, corruption, and land. It also documents areas of progress in legitimizing democracy and conceptualizing social justice.
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Competition Law in Times of Crisis
Case Studies of the Airline Sector and the Irish Beef Industry
This book examines the role and utility of competition law within the EU’s legislative and regulatory dialogue, using its response to crisis conditions as a test of its aims and abilities. As such, its main conclusion is that competition policy acts as a forum for debate as to the direction of the European integration project, while competition law can serve as a tool for aiding in the implementation of broader policy objectives. The analysis here explores the role of the general economic context in the application of competition…
This book examines EU competition law, using its response to crisis as a test of its aims. It concludes that competition policy is a forum for debating the European integration project, while the law serves as a tool for implementing broader policy objectives.
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Unconscionable Conduct in Commercial Transactions
Global Perspectives and Applications
This book looks at the historical use of allegations of unconscionable conduct within the context of independent trade finance instruments, such as letters of credit and demand guarantees. It makes a detailed survey of the law of unconscionable conduct, the complexities of the doctrine of independence, and the circumstances where the former prevails to provide relief from abuse. It also completes a wide–ranging, sequential audit of the relevant case law in both Singapore and Australia where unconscionable conduct was alleged in independent instrument matters. The audit examines every case along…
Wooler looks at the historical use of allegations of unconscionable conduct within the context of independent trade finance instruments. He makes a detailed survey of the law of unconscionable conduct and the complexities of the doctrine of independence.
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The Mirage of International Criminal Law
Kant’s Metaphysics of Mens Rea
This book explores, from various perspectives, Kant’s codex of the categorical imperative and the supreme principle of morality in juxtaposition with the monopolisation of the rules of international criminal law. Kant’s reference to the term ‘propensity to evil in human nature’ is a much more serious iniquity universally in the nature of the Security Council than the concepts of a mens rea and actus reus in criminal law. His decisive warning foreshadows that the inclinations towards self-interest, self-love, and intent in collective mens rea within the resolutions of the Security…
This book uses Kant’s moral philosophy to argue that international criminal law is a ‘mirage.’ The Security Council’s self-interest and pursuit of economic gain prevent genuine international morality, making justice and human rights crucial, yet ultimately unattainable.
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Online Arbitration in Theory and in Practice
A Comparative Study of Cross-Border Commercial Transactions in Common Law and Civil Law Countries
This book presents an overview of online arbitration and electronic contracting worldwide, examining their national and international contexts, and assessing their ongoing relevance. It offers solutions to the salient challenges facing both online arbitration and electronic contracting, dealing first–hand with online arbitration as an online dispute resolution technique for solving both traditional and electronic commerce disputes that may arise out of the breach of contractual obligations in international commercial contracts, while also comparing between common law and civil law countries. In the…
Amro presents an overview of online arbitration and electronic contracting worldwide, examining their national and international contexts and assessing their ongoing relevance. As such, he offers solutions to the challenges facing online arbitration and electronic contracting.
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From £30.99
Given that there are still many unclear concepts, mutual contradictions and imperfections in methodologies used in the field of track access charging, this book acts as a communication tool for researchers, and discusses these charges with regard to rail freight competitiveness. It addresses four main topics: namely, the technical features of freight transportation and the costs incurred; the impact of incoherence and volatility of freight traffic volume; the market response to the track access charge level; and the influence of transport policy and state subsidies. The text will appeal to…
This book discusses track access charging with regard to rail freight competitiveness. It addresses the costs incurred, the impact of traffic volume, market response, and the influence of transport policy, appealing to infrastructure managers seeking to shift freight to railways.
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£61.99
In the second half of the twentieth century, alongside the evolution of the global economy, modern technology, rapid transportation and multinational enterprises, there was an increased demand for a dispute resolution mechanism that met the needs of traders, international trade and economic policy-makers. Arbitration as an alternative dispute resolution has significantly gained in popularity in the Arab Gulf States over the past two decades or so. This is no doubt reason enough to take a closer look at the main theme that defines arbitration in this region. National courts…
Seyadi provides insights that will go some way toward dissipating the concerns that are routinely raised about the procedural and practical soundness of arbitration in the Arab Gulf states. In addition, he places arbitration in the Arab Gulf states in its present legal systems.
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£61.99
The role of the EU competition law rules in shaping the EU Internal Market can hardly be overstated. The EU substantive rules dealing with cartels, abuse of dominance and State aid have ensured, in the past decades, a much desired unity of the law applied in the diverse European markets. Yet, much of the success of the EU competition law provisions depends on its practical enforcement. The proliferation of competition law enforcement, especially since 2004, stands testimony in this respect. However, this has not come without challenges. In this context,…
This book discusses elements of the domestic enforcement of EU competition law, to contextualise further boosting this enforcement exercise. It reflects on topics like the sufficiency of the enforcement toolbox of national competition authorities and domestic bodies’ duties.
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