Higher education 599 results

The 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime provides the first internationally agreed definition of the human trafficking. However, in failings to clarify the exact scope and meaning of exploitation, it has created an ambiguity as to what constitutes exploitation of labour in criminal law. The international definition's preference for an enumerative approach has been replicated in most regional and domestic legal instruments, making it difficult to draw the line between exploitation in terms of violations of labour rights and extreme forms of exploitation such as those listed in the Protocol. This book addresses this legal gap by seeking to conceptualise labour exploitation in criminal law.

This book provides a unique and comprehensive commentary on the Arms Trade Treaty adopted by the United Nations General Assembly in 2013, with several contributors having direct involvement in the negotation of the Treaty.

The book deals with the impact of EU law on private relations. While EU law has principally developed through vertical relations of the Union and its Member States with private persons, its foundations, principles and enforcement mechanisms are increasingly affecting the growing body of EU law governing horizontal relations between individuals and undertakings. The results are sometimes unexpected and sometimes inappropriate.

This book discusses how delivering a Mega-Sporting Event (MSE) can impact human rights and highlights the challenges of dealing with cases of MSE-related human rights abuses and establishing legal responsibility.

This book presents inspiring ideas about how law can support the fundamental transition processes to a sustainable future and how it can provide guidance on the pathways to sustainability.

Healthcare is changing. This volume explores patient autonomy and data protection laws in light of developments in modern healthcare systems, particularly ICT in healthcare and personalised medicine. A must-read for every professional active in the field of data protection law, health law, policy development or IT-driven innovation.

This book contains the text of the Inaugural Caius Mok Law Lecture, given by The Hon. Chief Justice Geoffrey Ma at Gonville and Caius College, Cambridge.

The book sketches a broad landscape of sources of modern contract law, with particular regard to EU private law rules. It provides for a better understanding of the identity of present-day contract law by analysing the multitude of social and economic dynamics that shape its normative landscape.

This book examines the rise of populist constitutionalism and the main trends that have led to the current, ongoing crises in liberal democracy. Combining theoretical contributions, comparative typologies and important case studies, the spread of populism and illiberal democracy in Europe is critically explored.

This book analyses in a comprehensive manner the phenomenon of 'public interest' in different areas of law, both public and private. The contributions focus on the definition of public interest and the distinction between public and private interest. Further, they define the relevant 'public' and investigate the weight of public interest in case of conflict with other considerations and the legal consequences of its breach.

How to choose the most beneficial enforcement regime for cross-border claims of a client? A question considerably complicated by (1) the existence of various European Union enforcement tools and (2) particularities in the national legal systems that impact on the operation and suitability of the various enforcement tools. This book compares and analyses the practical utility and potential pitfalls of the 2nd generation regulations (European Enforcement Order, European Order for Payment, European Small Claims Procedure and European Account Preservation Order) and their relation to Brussels Ibis. The work is based on an extensive evaluation of case law (published and unpublished), empirical data and literature from eight Member States (Belgium, France, Germany, Italy, Luxembourg, The Netherlands, Poland, Spain) and the Court of Justice of the European Union.

This book analyzes the legal issues arising from and relating to environmental loss and damage. It does so from a comparative and interdisciplinary perspective, examining both public and private law aspects. It takes into consideration specific legal issues concerning liability, compensation and restoration of damage in different sectors and jurisdictions.

This book brings together a range of views on the reciprocal influences of substantive and private international law in the fields of family and succession law. It outlines some key elements of this interplay in selected jurisdictions and provides a basis for discussion and future work on the reciprocal influences of domestic and European law.

This book is a comprehensive analysis of the choice of court and choice of law provisions that apply to cross-border family matters and succession in EU private international law.

Extreme weather events, resulting from anthropogenic climate change, disproportionately affect developing States such as the Caribbean and Pacific Islands, yet these states make a relatively small contribution to climate change compared to developed States and emerging markets. This book examines the legal responsibility of states with regard to post-disaster reconstruction and the duty to provide early warning from the perspective of various areas of international law, particularly as no specific, singular public international law instrument is applicable or responsible.

This book analyses the emerging concept of 'non-regression' as a novel legal principle of international environmental law. In order to do so, it traces the development of related concepts in the framework of international human rights law and advocates their application to international environmental law using a novel approach of comparative law method.

In many cases, existing Anti-Money Laundering legislation is shaped by unrealistic political expectations and inconsistent design. This book outlines key deficiencies of existing law and develops policy proposals to enhance both effectiveness and respect for fundamental rights. This book is also available online as a free, open access resource at www.intersentiaonline.com.

This book brings together a group of renowned contract lawyers to analyse how their own legal systems deal with twelve cases of morally dubious agreements. It explores questions of validity, enforceability and the availability of remedies, while offering crucial insights into the divergences and converges between different European legal systems.

The fifty-seventh volume of the Annotated Leading Cases of International Criminal Tribunals contains the most important decisions taken by the ICC in the years 2011-2012. It provides the reader with the full text of the decisions identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented on these decisions.

This book is devoted to the applicable law to contractual and non-contractual obligations in the European Union as applied before the Courts. It is a valuable resource for practitioners, the judiciary, and academics who are interested in understanding how EU law is applied on national level.