Look Back on our Titles Published in 2023 15 results

Taxation is a tool for guiding behaviour, which makes it possible to best preserve the environment and the world’s natural resources for future generations. This book shows, based on an analysis of 30 different countries, how taxation can play a decisive role in climate change mitigation.

This book brings together specialists from more than 20 countries and focuses on the institutional, political, economic and social factors which determine the crisis of liberal democracies.

This book comprises chapters by key legal scholars and practitioners from the Americas, Europe, Asia, Oceania and Africa. It examines the evolution, theoretical constructs and institutional features of legal capacity, as well as the specific ways in which evolving principles, rights and standards derived from disability law and human rights are impacting and transforming the law. The book also explores emerging and persistent legal questions, as well as the challenges in conceiving, designing and implementing more comprehensive reforms in legal capacity regimes.

The principles of independence and impartiality are fundamental to the proper administration of justice. This book examines how these principles are implemented in a variety of settings: in national courts of selected jurisdictions, international courts and international arbitration.

This book provides a comparative constitutional analysis of the relationship between freedom of speech and disinformation. In particular, it assesses the constitutional challenges to balance freedom of speech and falsehood, and the approaches adopted to deal with the spread of disinformation.

One of the greatest contributions of the twentieth century was undoubtedly the expansion of the concept of culture. One of the consequences of the amplification of the notion of culture was that it permeated all social disciplines, and law was evidently no exception. Research into law and culture was somewhat belated but has recently yielded a multitude of interesting literature and relevant inquiries. This important volume brings together meditations from some of the leading scholars in the field.

This is a pioneering study comparing university-level and professional online legal education across 13 jurisdictions from the Asia-Pacific region, Europe and beyond before and especially after the COVID-19 pandemic. The book examines developments in legal professions and traditions, university funding and ICT infrastructure.

The book demonstrates that the existing right to the highest attainable standard of health is inadequate to fully promote and protect the right to mental health, particularly regarding access to quality mental healthcare. Relevant additional human rights in the Convention on the Rights of Persons with Disabilities are examined to address these shortcomings.

This book canvasses the laws regarding surrogacy in Latin American jurisdictions, putting the legal developments into their historical and social contexts. It also categorises the approaches taken and compares them to developments around the globe.

This book offers a Transitional Justice framework in the Brazilian case by assessing the mechanisms associated with truth, memory, and justice, but also including a holistic approach covering the role of civil society, reparations for indigenous people, initiatives on gender, and complicit corporations.

This book deals with the current trend in investor-state arbitration, with a focus on the African continent.It looks more specifically at the new African Continental Free Trade Area (AfCFTA) and discusses how it can reshape the investor-state dispute system on the continent.

As contemporary legal regulation becomes more and more complex, the law becomes more fragmented. This book puts forward recommendations to promote the systemic nature of law. In addition to pro-systemic legal arguments, the book focuses on the foundations of law formed by underlying principles and values.

Member States of the European Union have suggested resorting to the extraterritorial processing of asylum claims and resettlement as alternatives to the spontaneous arrival of refugees/asylum seekers at their borders. Yet there exists no consensus about the definition, operation, and implications of these policies. Central to the currently prevailing uncertainty is the effect of extraterritoriality, both in terms of legal and ethical obligations owed to those who are geographically distant from a particular state border. This book seeks to contribute to the discussion on extraterritorial processing and resettlement by considering their implications. It does so by using a mixed methodology, comprising of legal analysis and ethical reasoning, in order to appraise the legality and legitimacy of these policies. The structure of leaving, entering, and remaining is employed to consider the right to leave, non-refoulement, the ability to receive protection in an EU Member State, and their interaction with the extraterritorial context. Scholars researching alternatives to the spontaneous arrival of asylum seekers will find this book particularly relevant, as well as those studying the protection of human rights in the extraterritorial context more generally. Finally, the book also provides insights for policy-makers exploring novel pathways to complement existing asylum systems.

This book presents comparative perspectives based on findings presented in National Reports on the theme 'Plurality and Diversity in Law: Family Forms and Family's Functions'. The contributions focus on whether, and if so, how, family law recognises that a child can have multiple parents, and which family functions are recognised and favoured by the law.

This book addresses the pluralisation of family forms as an expression of the transformation of society and its normative foundations. Against a legal background, the development of diverse family concepts and practices is examined and the (severed) links between sexuality, gender and reproduction are explored.