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            International Law

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            Rebellious Jurisprudence: Judicial Dissent and International Law
              

            Rebellious Jurisprudence: Judicial Dissent and International Law (Hardback)

            By Mistry, Hemi

            • RRP: $190.99
            • $152.79
            • Save $38.20
            • Pub Date
              15 Oct 20

            Rebellious Jurisprudence is the first attempt to construct a theory of judicial dissent as a matter of general international law. Although dissenting and separate opinions are typically associated with the common law tradition, the right of judges to issue such opinions has been ...recognised and reproduced across most international tribunals. Despite this, until now no attempt has been made to theorise the institutionalisation of judicial dissent in international law and its implications for how international tribunals discharge their functions. This study offers a theory of judicial dissent that addresses its ubiquity in international law, notwithstanding the often-fundamental disagreement between the principal legal cultures as to its effects. Rebellious Jurisprudence explores how insights from social anthropology - specifically ritual theory - supplement conventional accounts of judicial dissent. Whereas existing literature focuses upon 'revolutionary' or 'radical' dissent, this study expands our field of focus to sharpen our understanding of the 'everyday' dissent: the (rebellious) 'institutional dissent'. By revealing how judicial dissent operates, and to what ends, Rebellious Jurisprudence is essential reading for those who regularly engage with judicial dissent by international judges - whether judges, practitioners, scholars or students - who seek to deepen their understanding of, and in turn enhance the accuracy and effectiveness by which they engage with, this burgeoning body of jurisprudential activity.
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            ISBN 9781509920112
            Released NZ 15 Oct 2020
            Publisher Bloomsbury Publishing PLC
            Interest Age 16+ years
            Series Studies in International Law
            Availability
            Available for pre-order, ships once internationally released 15 Oct 2020
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            Shareholder Activism and the Law: The Future of US Corporate Governance
             

            Shareholder Activism and the Law: The Future of US Corporate Governance (Hardback)

            By Solak, Ekrem

            • RRP: $282.00
            • $282.00
            • Pub Date
              17 Apr 20

            This book provides a complete framework for contemporary shareholder activism and its implications over US corporate governance, which is based on the director primacy theory. Under director primacy theory, shareholders do not wish to be involved with the management, and when the...y do it equally means a transfer of power from the board of directors to shareholders, which in turn reduces the efficiency of the centralised decision-making in public-companies. However, this book demonstrates that shareholders do not use their power to transfer corporate control from the board to themselves, and even some form of shareholder activism is collaborative, which is a new paradigm for US corporate governance. This book shows that while monitoring remains as a key contribution of shareholders, they also bring new informational inputs to corporate decision-making, which could not be obtained under the traditional board model. Accordingly, contemporary shareholder activism enhances the board's decision-making and monitoring capacity, without undermining the economic value of the board authority. Therefore, this book sets out that the complete approach of contemporary shareholder activism should be accommodated into US corporate governance. In doing so, this book considers not only legal and regulatory developments in the wake of the 2007-2008 financial crisis, but also the governance developments through by-law amendments. Furthermore, the author makes several recommendations to soften the current director primacy model: establishing a level playing for private ordering, adopting the proxy access default regime, the majority voting rule, the universal proxy rules, and enhancing the disclosure requirements of shareholders. The book will be of interest to academics and students of corporate governance, both in the US and internationally.
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            ISBN 9780367344634
            Released NZ 17 Apr 2020
            Publisher Taylor & Francis Ltd
            Interest Age 16+ years
            Series Routledge Research in Corporate Law
            Availability
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            Disability, Globalization and Human Rights
             

            Disability, Globalization and Human Rights (Hardback)

            Edited by Katsui, Hisayo; Shuaib, Chalklen

            • RRP: $259.00
            • $259.00
            • Pub Date
              30 Jul 20

            The UN Convention on the Rights of Persons with Disabilities has facilitated the understanding that disability is both a human rights and development issue. In order to achieve the Sustainable Development Goals by 2030, the focus on disability inclusion has become increasingly im...portant in the discourse of international and national efforts for leaving no one behind , the motto of the SDGs. This book discusses pertinent and emerging themes such as disability rights, globalization, inequalities, international cooperation and representation. Evidence which has been obtained tends to show that persons with disabilities have been disproportionately left behind without proper representation, participation and inclusion. This book critically investigates the gaps at different levels, from top to bottom, and as importantly, within the global disability movement, for the realisation of global disability rights, and theorizes the intersection of disability, globalization and human rights. Empirical case studies from different countries and contexts are introduced to deepen analysis on theories of critical disability studies from a global perspective. Co-edited by a disability researcher and the former United Nations Special Rapporteur on Disability, this book will be of interest to all students, academics, policy makers and practitioners working to advance the cause of disability rights around the world.
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            ISBN 9781138487055
            Released NZ 30 Jul 2020
            Publisher Taylor & Francis Ltd
            Interest Age 16+ years
            Series Interdisciplinary Disability Studies
            Availability
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            Misleading Silence
              

            Misleading Silence (Hardback)

            Edited by Bant, Elise; Paterson, Jeannie

            • RRP: $476.50
            • $381.20
            • Save $95.30
            • Pub Date
              20 Aug 20

            This collection brings together a team of outstanding scholars from across the common law to explore the treatment of misleading silence in private law doctrine and theory, embracing a comparative analysis. Whereas previous studies have been contractual in focus, this will explor...e the question from across the full spectrum of private law. Its approach encompasses equitable, common law and statutory principles and draws on theoretical, historical, cross-disciplinary and doctrinal perspectives. This is truly a landmark publication in private law, with no competitor in the common law world. Contributors: Professor Emeritus Michael Bryan; Professor Rick Bigwood; Professor John Cartwright; Professor Mindy Chen-Wishart; Professor Simone Degeling; Justice James Edelman; Dr Luke Harding: Professor Matthew Harding; Professor Catharine MacMillan; Professor Hector McQueen, Justice Andrew Phang; Professor Ian Ramsay; Professor Pauline Ridge; Professor Andrew Robertson; Professor Ben Zipursky; Professor Sarah Worthington.
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            ISBN 9781509929252
            Released NZ 20 Aug 2020
            Publisher Bloomsbury Publishing PLC
            Interest Age General Audience
            Availability
            Available for pre-order, ships once internationally released 20 Aug 2020
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            Why Human Rights Still Matter in Contemporary Global Affairs
             

            Why Human Rights Still Matter in Contemporary Global Affairs (Hardback)

            Edited by Monshipouri, Mahmood

            • RRP: $282.00
            • $282.00
            • Pub Date
              15 Jun 20

            This book elucidates why human rights still matter in contemporary global affairs, and what can lead to better protection of international human rights in a post-liberal order. It blends theoretical, empirical, and normative perspectives, while providing much-needed analysis in l...ight of the perils of populism, authoritarianism, and toxic nationalism as well as the hopes with which people around the world view human rights in the new millennium. Systematically combining theoretical perspectives from across the disciplines with numerous case studies, it demonstrates not only the complexities of the domestic conditions involved, but also the ways in which human dignity can be preserved and promoted during periods of rapid change and uncertainty. Finally, the book addresses the question of how to protect human rights in such a world in which the active promotion of democratic values and enforcement of human rights may not be necessarily aligned with evolving economic and geopolitical interests of many great and diverse powers on the global scene. As such, it is a timely intervention for human rights as a concept as it has been attacked and eroded by the instability in our world today. This book will be of key interest to scholars and students of human rights in politics, law, philosophy, sociology, and history and to humanitarian bodies, practitioners and policy makers.
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            ISBN 9780367901479
            Released NZ 15 Jun 2020
            Publisher Taylor & Francis Ltd
            Interest Age 16+ years
            Series Routledge Studies in Human Rights
            Availability
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            International Humanitarian Law and Justice: Historical and Sociological Perspectives
             

            International Humanitarian Law and Justice: Historical and Sociological Perspectives (Paperback)

            Edited by Deland, Mats; Klamberg, Mark; Wrange, Pal

            • RRP: $86.99
            • $86.99
            • Pub Date
              1 Apr 20

            In the last decade, there has been a turn to history in international humanitarian law and its accompanying fields. To examine this historization and to expand the current scope of scholarship, this book brings together scholars from various fields, including law, history, sociol...ogy, and international relations. Human rights law, international criminal law, and the law on the use of force are all explored across the text's four main themes: historiographies of selected fields of international law; evolution of specific international humanitarian law rules in the context of legal gaps and fault lines; emotions as a factor in international law; and how actors can influence history. This work will enhance and broaden readers' knowledge of the field and serve as an excellent starting point for further research.
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            ISBN 9780367498566
            Released NZ 1 Apr 2020
            Publisher Taylor & Francis Ltd
            Interest Age 19+ years
            Availability
            Available for pre-order, ships once released
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            Routledge Handbook of Comparative Constitutional Change
             

            Routledge Handbook of Comparative Constitutional Change (Hardback)

            Edited by Contiades, Xenophon; Fotiadou, Alkmene

            • RRP: $447.00
            • $447.00
            • Pub Date
              20 Aug 20

            Comparative constitutional change has recently emerged as a distinct field in the study of constitutional law. It is the study of the way constitutions change through formal and informal mechanisms, including amendment, replacement, total and partial revision, adaptation, interpr...etation, disuse, and revolution. The shift of focus from constitution-making to constitutional change makes sense, since amendment power is the means used to refurbish constitutions in established democracies, enhance their adaptation capacity and boost their efficacy. Adversely, constitutional change is also the basic apparatus used to orchestrate constitutional backslide as the erosion of liberal democracies and democratic regression is increasingly affected through legal channels of constitutional change. The Routledge Handbook of Comparative Constitutional Change provides a comprehensive reference tool for all those working in the field and a thorough landscape of all theoretical and practical aspects of the topic. Coherence from this aspect does not suggest a common view, as the chapters address different topics, but reinforces the establishment of Comparative Constitutional Change as a distinct field. The book brings together the most respected scholars working in the field, and presents a genuine contribution to comparative constitutional studies, comparative public law, political science and constitutional history.
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            ISBN 9781138496644
            Released NZ 20 Aug 2020
            Publisher Taylor & Francis Ltd
            Interest Age 16+ years
            Availability
            Available for pre-order, ships once released
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            Structural Principles in EU External Relations Law
              

            Structural Principles in EU External Relations Law (Paperback)

            Edited by Cremona, Marise

            • RRP: $166.99
            • $133.59
            • Save $33.40
            • Pub Date
              25 Jun 20

            The law and practice of EU external relations is governed not only by general objectives (Articles 3(5) and 21 TEU and Article 205 TFEU) and values (Article 2 TEU) but also by a set of principles found in the Treaties and developed by the Court of Justice, which structure the sys...tem, functioning and exercise of EU external competences. This book identifies a set of 'structural principles' as a legal norm-category governing EU external relations; it explores the scope, content and function of those principles that may be categorised as structural. With an ambitious scope, and a stellar line-up of experts in the field, the collection offers a truly innovative perspective on the role of law in EU external relations.
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            ISBN 9781509939657
            Released NZ 25 Jun 2020
            Publisher Bloomsbury Publishing PLC
            Interest Age General Audience
            Availability
            Available for pre-order, ships once internationally released 25 Jun 2020
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            Overcoming the Corruption Conundrum in Africa: A Socio-legal Perspective
             

            Overcoming the Corruption Conundrum in Africa: A Socio-legal Perspective (PDF ebook – 1st edition)

            By Munyai, Anzanilufuno; Edited by None

            This book adopts a holistic approach to identifying what could be done to surmount the corruption conundrum in the African continent. It acknowledges the objective reality of corruption in Africa, and identifies primary solutions to the issue. The volume takes a socio-legal appro...ach in order to reveal the nature and extent of corruption, and suggests that solutions can be found simply by interrogating how society reacts to it. In conjunction with this, the book identifies and critiques const...
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            ISBN 9781527545465
            Available in PDF
            Software Adobe Ebook Compatible Devices
            Language en
            Released NZ 15 Jan 2020
            Publisher Cambridge Scholars Publishing
            Interest Age General Audience
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            Firm Dominance in EU Competition Law: The Competitive Process and the Origins of Market Power
             

            Firm Dominance in EU Competition Law: The Competitive Process and the Origins of Market Power (Hardback)

            By Ramos, Jorge Marcos

            • RRP: $544.99
            • $544.99
            • Pre Release International

            How does it come about that a certain firm dominates a market? Can an understanding of this process lead to a more effective enforcement of competition law? That is the question approached in this compelling book. The author reviews the European Union's (EU's) Article 102 case la...w, comparing it with United States (US) provisions, demonstrating that new ways of looking at market power are needed - today's tech giants differ from older monopolies. He clarifies the role of dominant firms in the competitive process, proposing that conduct should be scrutinized differently depending on the source of market power, rather than using the same approach for all dominant undertakings. Supporting his contention that the legal consequences that derive from holding a dominant position cannot be disassociated from the sources of that market power-that a dynamic understanding of dominance requires looking both forwards and backwards in time-the author examines such sources of dominance as the following: - statutory dominance derived from explicit protectionist measures or subtler geoeconomic strategies; - legacy firms such as the telecommunications or transport industries; - natural monopolies, e.g., the exploitation of a mine; - investment efforts undertaken in a competitive environment; - intangible resources such as timing, reputation, experience, innovation capabilities, or managerial processes; - lucky monopolies; and - anticompetitive behavior on the road to dominance. Drawing insights from EU and US case law, industrial organization scholarship, and strategic management literature, the book resolves questions related to the role that the origins of market power have played and should play in the enforcement of EU competition rules against dominant firms. It concludes with a list of policy recommendations bringing the application of Article 102 TFEU against dominant firms more in line with the objective of protecting the competitive process. With its focus on how EU competiti
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            ISBN 9789403520308
            Released NZ 20 Feb 2020
            Publisher Kluwer Law International
            Interest Age General Audience
            Availability
            Available for pre-order, ships once internationally released 20 Feb 2020
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