Taking Law Seriously
Taking Law Seriously

Author: James Goudkamp

Publisher: Bloomsbury Publishing

Published: 2022-01-27

Total Pages: 427

ISBN-13: 1509940731

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This book celebrates the scholarship of Peter Cane. The significance and scale of his contributions to the discipline of law over the last half-century cannot be overstated. In an era of increasing specialisation, Cane stands out on account of the unusually broad scope of his interests, which extend to both private and public law in equal measure. This substantive breadth is combined with remarkable doctrinal, historical, comparative and theoretical depth. This book is written by admirers of Cane's work, and the essays probe a wide range of issues, especially in administrative law and tort law. Consistently with the international prominence that Cane's research has enjoyed, the contributors are drawn from across the common law world. The volume will be of value to anyone who is interested in Cane's towering contributions to legal scholarship and administrative law and tort law more generally.

Transnational Corporations and International Law
Transnational Corporations and International Law

Author: Alice De Jonge

Publisher: Edward Elgar Publishing

Published: 2011-01-01

Total Pages: 257

ISBN-13: 0857930397

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This well-documented work will appeal to corporate leaders interested in understanding the related practicalities of international corporate liability as well as post-graduate students in international business and international policy studies. Policymakers, academics and researchers interested in a unique perspective on the future of the global corporation as an internationally responsible global citizen will find much to inte rest them in this book.

Proportionality and Facts in Constitutional Adjudication
Proportionality and Facts in Constitutional Adjudication

Author: Anne Carter

Publisher: Bloomsbury Publishing

Published: 2022-01-27

Total Pages: 272

ISBN-13: 1509937005

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This book considers the relationship between proportionality and facts in constitutional adjudication. Analysing where facts arise within each of the three stages of the structured proportionality test – suitability, necessity, and balancing – it considers the nature of these 'facts' vis-à-vis the facts that arise in the course of ordinary litigation. The book's central focus is on how proportionality has been applied by courts in practice, and it draws on the comparative experience of four jurisdictions across a range of legal systems. The central case study of the book is Australia, where the embryonic and contested nature of proportionality means it provides an illuminating study of how facts can inform the framing of constitutional tests. The rich proportionality jurisprudence from Germany, Canada, and South Africa is used to contextualise the approach of the High Court of Australia and to identify future directions for proportionality in Australia, at a time when the doctrine is in its formative stages. The book has three broad aims: First, it considers the role of facts within proportionality reasoning. Second, it offers procedural insights into fact-finding in constitutional litigation. Third, the book's analysis of the dynamic Australian case-law on proportionality means it also serves to clarify the nature and status of proportionality in Australia at a critical moment. Since the 2015 decision of McCloy v New South Wales, where four justices supported the introduction of a structured three-part test of proportionality, the Court has continued to disagree about the utility of such a test. These developments mean that this book, with its doctrinal and comparative approach, is particularly timely.

HUMAN RIGHTS LAW AND PRACTICE, SECOND EDITION
HUMAN RIGHTS LAW AND PRACTICE, SECOND EDITION

Author: DAS, JATINDRA KUMAR

Publisher: PHI Learning Pvt. Ltd.

Published: 2022-03-24

Total Pages: 856

ISBN-13: 8195161162

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The book, written with a rich teaching and research experience of the author, emphasises the critical evaluation of contemporary human rights law and practice with special reference to India. It evaluates the ongoing discourse on various issues relating to life, liberty, equality, and human dignity and their reflections in international human rights law referring to the state practices through constitutional guarantees, judicial decisions as well as through enacting appropriate legislations. This lucid and comprehensive book is logically organised into nine chapters. Beginning with the theoretical foundations of human rights law referring to origin, development, and theories of human rights at the preliminary level, the book proceeds to “International Bill of Human Rights” demonstrating various facets of civil and political rights as well as economic, social and cultural rights. It further discusses the importance of human rights law in protection against inhuman wrongs and examines a large number of debates concerning human rights to the development and protection of the environment. Then, it moves on to explore various issues relating to human rights in Indian Constitutional Law. The second half of the book emphasises the protection of the rights of women and children, which has been the focal point of all human rights discussions. It also deals with the scope and ambit of the rights of indigenous peoples and minorities including their protection. At the end, the book examines the utility and justifications of human rights law in protecting the rights of people with disabilities (divyang). NEW TO THIS EDITION • Law on HIV/AIDS Management • Covid-19 Management law • Legislative aspect of protection of the environment • Recent law on triple talaq • Decriminalisation of adultery • Right of Hindu women to offer worship in Sabrimala temple • Right to access to justice, judicial review, legal aid, and speedy trial • Surrogacy and reproductive right • Law on POSCO • Hard law and soft law, and Recent law on divyang Though the book is primarily designed for LL.B., B.A.LL.B., LL.M., and courses on human rights, it will be equally beneficial for the researchers, academicians, jurists, lawyers, judges as well as members of civil societies. TARGET AUDIENCE LL.B., B.A.LL.B., LL.M., and courses on human rights.

Accountability for Violations of International Humanitarian Law
Accountability for Violations of International Humanitarian Law

Author: Jadranka Petrovic

Publisher: Routledge

Published: 2015-06-26

Total Pages: 344

ISBN-13: 1317669797

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International criminal adjudication, together with the prosecution and appropriate punishment of offenders at a national level, remains the most effective means of enforcing International Humanitarian Law. This book considers the various issues emanating from present-day breaches of norms of International Humanitarian Law (IHL) and the question of how impunity for such breaches can be tackled. Honouring the work of Timothy McCormack, Professor of International Law at the University of Melbourne and a world renowned expert on IHL and International Criminal Law, contributors of the book explore the interplay between the rules governing accountability for violations of IHL and other areas of law that impact the prosecution of war crimes, including international criminal law, human rights law, arms control law, constitutional law and national criminal law. In providing a contemporary consideration of the various issues emerging from present-day breaches of norms of IHL, especially in light of growing interest in ‘fragmentation’ and ‘normative pluralism’, this book will be of great use and interest to students and researchers in public international law, international law, and conflict studies.