Rettsvitenskap

This book contributes conceptually, theoretically and morally to a deeper understanding of the distinctive Asian perceptions of punishment, justice and human rights. Researched and prepared by scholars who have not only been conducting studies on the death penalty in the region but have also been advocating for legal reforms, this edited volume touches upon the different justifications for the use of capital punishment in the ASEAN region, exposing the secrecy, sensitivities and dilemmas that mask violations of international human rights laws. The chapters bring in numerous new perspectives which have been overlooked in the traditional discourse surrounding the use of the death penalty, such as that around crimes that do not meet the threshold of 'most serious'; the dignity of death row inmates and their families; contradictions within religion and capital punishment; and the way in which growing authoritarianism and the media are adversely influencing the public's perception andsupport for capital punishment in the region. In examining how public opinion shapes state policies towards the death penalty and how it varies according to different offences and different states, the authors critically analyse how the international human rights mechanisms have specifically called for ASEAN member states to refrain from extending the application of the death penalty and to limit it to the "most serious crimes". Relevant to socio-legal scholars focused on crime and punishment in Southeast Asia, and in the Global South more broadly, this is a landmark collection in criminology and human rights scholarship.

This book offers a comprehensive exploration of the complex landscape surrounding international adoptions within the Indian context. Embark on a journey through the corridors of legislation, regulations, and policies governing inter-country adoption in India. This handbook serves as an indispensable resource, providing legal professionals, adoption agencies, policymakers, and concerned individuals with a thorough understanding of the nuanced and ever-evolving framework. This is not just a legal manual; it's a guide for ethical, informed decision-making. With navigational aids, practical guides, and procedural outlines, the handbook ensures that readers can traverse the adoption process with confidence and clarity. This handbook is your indispensable companion. Illuminate the path forward, informed by a profound understanding of the laws and policies that shape inter-country adoption in India.

Sir Lawrence Alma Tadema, is a classical and a rare book, that has been considered important throughout the human history, and so that this work is never forgotten we at Alpha Editions have made efforts in its preservation by republishing this book in a modern format for present and future generations. This whole book has been reformatted, retyped and redesigned. These books are not made of scanned copies of their original work, and hence their text is clear and readable. This remarkable book falls within the genres of Fine Arts, Painting

This compilation, The Making and Ending of Federalism, includes the main topics addressed by recognized experts on federalism at the Conference of the International Association of Federal Studies (IACFS) held in Innsbruck, Austria, on 28-30 October 2021. It analyzes how federal and quasi-federal systems are created and if there are common patterns or certain conditions that promote the emergence or the demise of federal systems, including case studies from Brazil, Spain, and Italy.

War is generally characterised by extreme violence and destruction. The ongoing Russian-Ukraine and Israel-Hamas conflicts have demonstrated that war leads to suffering for both, whether the vanquished or the victor. In the Israel-Hamas conflict, as of 25 Dec 2023, over 22,000 Palestinians and Israelis in all have been killed and nearly 66,500 injured. Palestinians face a bleak future once Israel ends its deadly assault, with most of the civilian infrastructure turned to rubble.In order to limit human suffering and unwanted destruction, certain rules and regulations have been framed. While it is nearly impossible to impose these in a violent conflict wherein killing is legitimised, a legal framework exists to contain human suffering and destruction of civilian property unless required by imperative military necessity.This book on Military Operations covers the international humanitarian law with which the military commanders must be well-versed to ensure the legal and ethical conduct of their forces. This book includes various domains of wars and legal frameworks and attempts to put it in a simplistic form for quick comprehension by all stakeholders. It also includes certain emerging issues like lawfare, the applicability of international humanitarian law in outer space conflicts and the concept of command responsibility.This book, though not an official document of the government, has been designed and written for the commanders and officers of the armed forces of India who are likely to function in a tri-service environment. This book will also be useful to the officers of the Judge Advocate General Department, who serve alongside their commanders in the operational context as well as to the students of international humanitarian law, researchers, and policymakers.

Aller Anfang ist schwer! Gerade am Anfang des Studiums werden Studentinnen und Studenten mit zahlreichen Informationen und Detailwissen überschüttet. Viele Studierende stellen sich daher am Anfang die Frage, welche Bücher gekauft werden müssen, welche Meinungsstreitigkeiten gelernt werden und wie man notwendiges Standardwissen und (zusätzliches) Detailwissen unterscheiden soll. Man fühlt sich gerade in den Vorlesungen vom geballten Wissen des Profs. erschlagen und schaltet in der Folge ab. Dieser Ratgeber soll Studierenden den notwendigen Wissensstoff für die ersten Strafrechtsklausuren vermitteln. Der Schwerpunkt liegt hierbei auf den Standardproblemen des Allgemeinen Teils und den typischen Straftatbeständen mit deren Meinungsstreitigkeiten.

Verbraucherinnen und Verbraucher sind zunehmend der Gefahr ausgesetzt, Opfer von Cyberkriminalität zu werden. Die Versicherungsbranche hat frühzeitig auf diese Entwicklung reagiert und sog. Cyberversicherungen auf den Markt gebracht. Cyberversicherungen richten sich vorrangig an Unternehmen, zunehmend aber auch an Privatpersonen. Die Cyberversicherung für Private hat sowohl in der Praxis als auch in der versicherungsrechtlichen Literatur bislang wenig Beachtung gefunden. Diese Forschungslücke schließt die vorliegende Arbeit, indem sie die private Cyberversicherung einer umfassenden rechtlichen Untersuchung unterzieht. Die Arbeit gliedert sich in drei Teile: Im ersten Teil wird geprüft, welche Cyberrisiken für Private existieren. Im zweiten Teil werden die aktuell in Deutschland angebotenen privaten Cyber-Versicherungsprodukte umfassend untersucht. Im dritten Teil der Arbeit werden Vorschläge entwickelt, wie die Versicherungsbedingungen verbessert werden können.

Das zwischen der EU, ihren Mitgliedstaaten und Kanada als Freihandelsabkommen neuen Typs geschlossene CETA etabliert beschlussfassende Ausschussgremien mit weitreichenden Entscheidungsbefugnissen im Bereich der Handelspolitik. Obwohl das Abkommen eine supranationale Wirkung der Beschlüsse seiner Gremien ausschließt, kann ihre Einhaltung durch die EU-Mitgliedstaaten aufgrund anderer Verpflichtungen erforderlich sein. Um der Frage nachzugehen, wie eine ausreichende demokratische Rückbindung von Ausschusssystemen, wie nach dem CETA, gewährleistet werden kann, ohne die Flexibilisierung künftiger Zusammenarbeit der Vertragsparteien aufzuheben, eröffnet der Prinzipal-Agenten-Ansatz eine innovative Perspektive. So zeichnet die vorliegende Studie aus der Sicht der Bundesrepublik Deutschland die über die Landes-, Bundes-, und Unionsebene bis hin zu den nach dem CETA errichteten Vertragsgremien verlaufenden Delegationsketten nach und untersucht Mechanismen zu deren demokratischer Rückbindung.

This textbook introduces readers to international law by linking it to the Harry Potter universe. Given the current changes in the international sphere away from a state-centric system to a multitude of non-state actors, it tests the legal regime by applying it to the out-of-the-box concept of wizards and thus rids the doctrinal debate of political factors. More specifically, the book explains core concepts of public international law, covering the elements of a state, state responsibility, jurisdiction, enforcement of international law and immunity. In the wizarding world, it addresses questions of statehood by discussing when a wizarding state is responsible for the crimes committed by its wizards, who has jurisdiction over crimes, and how international law is enforced. In addition, it introduces and explains the fundamentals of international humanitarian law, international human rights law, international criminal law, and air law by applying them to the wizarding world. The textbook is intended for anyone looking for an accessible introduction to public international law and its application.

The outbreak of the COVID-19 pandemic presented Polish legislators with a host of legal dilemmas, the aftermath of which resulted in numerous legislative changes. A significant part of these relate to entrepreneurial law in a broad sense. However, the situation created by the COVID-19 pandemic also had a broader dimension, resulting in the introduction of exceptions as the global norm. Similarly, in the domestic legal order, the actions of public authorities in various forms (restrictions, limitations, and ultimately the Lockdown), as well as non-legislative legal activity gave rise to many problems in Poland and have been the subject of various assessments. Hence, the book analyses the legal situation of entrepreneurs in the era of the COVID-19 pandemic both in terms of the amendments and changes introduced and the new regulations, commonly referred to in the public sphere as "covid laws" or "anti-covid shields". Therefore, the book assesses the legal solutions and the level of legislative technique in the broadly understood entrepreneurial law. It focuses on the solutions introduced by Polish legislators and seeks to answer the following questions: to what extent did the relevant public authorities appropriately respond to the threats posed by the pandemic, and did they effectively provide legal protection for entrepreneurs?

Ce recueil de lois et règlements concernant la migration en Haïti vise à rendre les informations facilement accessibles aux professionnels du secteur et au grand public. Il regroupe divers textes régissant les mouvements migratoires, les droits des Haïtiens résidant à l'étranger, ainsi que ceux des étrangers en Haïti. Cet outil est pensé pour faciliter la tâche des fonctionnaires, juristes, avocats et autres experts dans le domaine. Les textes compilés concernent la migration régulière ou irrégulière, les organismes et services liés à l'immigration et à l'émigration, ainsi que les accords bilatéraux entre Haïti et les nations accueillant des Haïtiens. Ils couvrent également les règles relatives aux visites touristiques, à la résidence temporaire ou définitive, à la naturalisation et à la citoyenneté, aux mouvements transfrontaliers sur le territoire haïtien, de même que les systèmes de surveillance et de sécurité en matière migratoire. Les textes incluent également des dispositions sur le divorce impliquant des étrangers, l'adoption d'enfants haïtiens par des ressortissants étrangers, les bénéfices et privilèges offerts aux non-nationaux, la lutte contre la traite d'êtres humains, le trafic illégal de migrants, le blanchiment de capitaux et autres.

Aimed at HR Managers and Employment Law practitioners, this book provides readers with an overview of the law underpinning redundancy dismissals, as well as practical guidance on managing the redundancy process. It also gives practical assistance in meeting your organisation's aims of reducing the number of employees, whilst minimising the risk of a successful challenge. The appendices contain template documents for the practitioner to use and adapt.In short this book will give you tips and tactics to ensure successful outcomes.The second edition of this book brings updated content to keep you ahead in the employment law area of redundancy. Featuring the latest case law, newly implemented statutes, and up-to-date awards thresholds, this edition ensures you have a basic understanding of redundancy and a practical guide at your fingertips. Additionally, we've introduced a new chapter looking at tax implications and settlement agreements.ABOUT THE AUTHORSPhilip Hyland has been practising employment law since 1992 and since 2002 in his own boutique employment law firm PJH Law. He is well versed in the law and practice of managing redundancy situations, advising employers for over 30 years on all aspects of redundancy from large scale site closures through to discrete departmental re-organisations. He has appeared as representative at hundreds of Employment Tribunal hearings, a good proportion of which were on claims related to redundancy including: unfair selection, discriminatory selection, redundancy payments and collective consultation. At least two of his redundancy cases have ended up as published precedents.Collette Moore recently joined PJH Law as a newly qualified solicitor working alongside Philip Hyland. Collette's interest in employment law began several years ago whilst on placement in America during her undergraduate law degree. Her dedication to the area continued throughout her studies on the Legal Practice Course and Masters in Law. This, coupled with several years of practical experience in the legal profession, positions her as a valuable asset and promising contributor to the firm's expertise in employment law.CONTENTSIntroductionChapter One - Surveying the TerrainChapter Two - Redundancy PaymentsChapter Three - Declaring Redundancies Below Twenty EmployeesChapter Four - Declaring Redundancies of Twenty or More Employees - Collective ConsultationChapter Five - Pools, Selection Criteria and SelectionChapter Six - Individual ConsultationChapter Seven - Appeals and GrievancesChapter Eight - Tax and Settlement AgreementsChapter Nine - Conclusions

Gifting during one's lifetime is not uncommon. It is not unusual for those who are financially comfortable to gift monies or assets they own to their children or loved ones to assist them, particularly in times of hardship and it is their prerogative to do so. However, the situation changes when someone starts losing or has lost capacity. How does one tackle gifting in this scenario?'Court of Protection: A Practical Guide to Gifting' will take the reader through the relevant statutory principles and case law and: introduce the relevant capacity which one is required to have to make a gift and the legal test used to determine capacity;remind attorneys and deputies of the gifts which they are authorised to make;highlight the ramifications of making an unauthorised gift;provide practitioners with a checklist of the key points to consider before making an application to the Court of Protection;explain the procedure involved in preparing such an application.ABOUT THE AUTHORMitra Mann is a specialist litigator in Contentious Probate and Court of Protection matters. She deals with cases involving Will disputes, claims for reasonable financial provisions from an estate, professional negligence, restoring a vulnerable person's estate and a range of Court of Protection applications.Mitra is particularly passionate about protecting vulnerable adults. She is a trained Dementia Friends Champion dedicated to raising awareness of mental capacity issues locally and nationally. One way of preventing financial abuse, whether done intentionally or unintentionally, is to share information with other professionals, carers, financial advisers, attorneys and deputies and to that end, Mitra has written articles and delivered webinars and seminars in several Court of Protection practice areas.

This is a practical guide to all aspects of arbitration, from the drafting of an arbitration agreement through to the award, including enforcement and appeals. Being comprehensive in its approach, every stage of the arbitral process under the Arbitration Act 1996 is covered.

Family law is a site of social conflict and the erasure of non-traditional families. This book explores how conservative religious and progressive queer groups can cooperatively work together to expand family law's recognition beyond the traditional state-sponsored family. Various religious groups have shown an interest in promoting alternative family structures.For example, certain Muslim and Mormon communities have advocated for polygamy, in the process aligning with queer groups' interest in overcoming the engrafting of monogamy into state law. Advocacy by North American religious conservatives for reforms in favor of non-conjugal families and against same-sex marriage overlaps with certain queer efforts to legitimize friendships and non-traditional families more generally.This book explores these potential areas of queer and religious political cooperation-including limitations and principled reservations to such cooperation. It then looks at additional future arenas of queer and religious political cooperation going beyond family law. Ultimately, this book aims to locate and systematize seemingly isolated interest convergences between queer and religious groups into a coherent theoretical framework that can also be used on the ground in political work. In challenging dominant narratives of 'culture wars,' the book's analysis is timely and in line with the need to prevent the escalation of social cleavages looming over our increasingly diverse societies.

The Law of Interrogations and Confessions traces the evolution of the primary approaches that U.S. courts have taken to regulating the interrogation of suspects by law enforcement officers. It examines the due process approach to the voluntariness of statements; the short-lived "focus of the investigation" test of Escobedo v. Illinois; the landmark Fifth Amendment approach announced in Miranda v. Arizona; and the Sixth Amendment's right to counsel approach to regulating the "deliberate elicitation" of incriminating statements. Henry F. Fradella's authoritative book focuses on lower court interpretations of leading U.S. Supreme Court precedents with regard to issues such as determining when someone is in "custody" and subject to "interrogation" for Fifth Amendment purposes; the form, manner, and timing of Miranda warnings; the impact of multiple interrogations; the validity and scope of expressed and implied waivers; and the counters of Sixth Amendment protections to preserve suspects' rights to counsel in the interrogation context after formal criminal proceedings have been initiated.

What began as a genuine, though radical, effort to obtain justice became an exploration of hidden agendas, where the more I probed the more I discovered that certain jurists had committed the most serious crime of "Fraud on the Court," against the judicial machinery, in U.S. history. By doing so, their actions served to preclude me from obtaining justice.

A passionate story of an injured worker, who's family, employer and his own lawyer all conspired together to ruin me financially, mentally and physically over the eight years in court. Using fake judges, stenographers and even fake court hearings.

When Kenny Albert was growing up, family gatherings sounded a lot like a dispatch from the first all-sports radio station. There was his father, Marv, whose voice shaped the sound of modern basketball, and there too were his uncles Al and Steve--a trio of professional play-by-play men with a listenership that spanned the country. It was only a matter of time before Kenny, armed with a toy tape recorder, yearned to follow in their footsteps. Some 3,000 broadcasts later, Kenny Albert has amassed countless stories from the world of sports and media. A Mic for All Seasons is his chronicle of a charmed yet unlikely journey, from a youth spent calling games in his bedroom for a fictitious audience to ten-hour bus rides with a minor-league hockey team, plus the time he worked five different sports in one chaotic, 19-day stretch. The only play-by-play broadcaster who currently calls all four major sports in North America, Albert details the stand-out moments from his three-decade career, including the 1994 Stanley Cup Final, Jose Bautista's bat flip in the 2015 ALCS, and the U.S. women's hockey Olympic gold-medal winning shootout in Pyeongchang in 2018. Part memoir, part behind-the-scenes look at the world of broadcast media, A Mic for All Seasons also features stories about life in the booth, game preparation, travel hijinks, marquee events, meetings with star athletes and coaches, and much more.

Transform Your Criminal Defense Practice into a Thriving Business You LoveAre you a criminal defense lawyer feeling overwhelmed by endless hearings and undervalued for your expertise? Or perhaps you're a law student or recent graduate dreading the soul-sucking grind of document review at a corporate firm. If so, "The Business of Criminal Law" shows a path to the change you've been seeking.The magicThe magic happens for criminal defense lawyers when they're ridiculously good at their craft. When they can look prospective clients in the eye and confidently say, "I can help you solve this unsolvable problem."So you have toBe sure that you care enough and enjoy enough the practice of criminal defense law to commit to getting really, really good at it. Then, you canWork deliberately at the most important skills criminal defense lawyers can use: negotiation, client interviewing, and cross-examination. Which leads to the opportunity toPosition yourself as an expert, choose your clients, and charge premium fees. Then you have to be careful that you've built a real foundation so that you can beA happy and fulfilled criminal defense attorney.This book is not...A way to trick clients into hiring you. Long term success comes from happy clients who leave 5-star reviews and express appreciation to the people who recommended you to them.A tactical guide to SEO or PPC marketing. Both have their place and helped my firm grow for years. But internet tactics come and go. This book is intended to help you grow a practice you love no matter what Google does with its algorithm.A technical manual on motions practice or closing arguments. Those skills are important. But this book is focused on the skills that will enable your criminal defense practice to grow as a business.Love your practiceI love my law practice because I made it to look like me. It's not for everyone. It's for me and my clients. Your practice shouldn't try to copy mine. You should have the courage to make something that fits you and your clients. This book offers a framework to help you do that.Beyond the Book: Join the ConversationDive deeper into the business of criminal law with our podcast, featuring insights, tips, and discussions to further your journey. Subscribe for free at https: //businessofcriminallaw.transistor.fm/ or your favorite podcast platform.

The 1st edition of this seminal text was written as a response to the constitutional crisis of 2009, sparked by the 'expenses scandal', which led a general distrust of our entire political order. A decade on, it is no exaggeration to say that the situation has dramatically deteriorated. The UK's constitutional order faces an existential crisis, with Brexit placing unbearable pressure on the political and legal architecture. All this makes the need for a written Constitution more pronounced. Retaining the easily accessible style of the first edition, this book addresses how this might be put in place. Part 1 sets out a number of arguments in favour of a written Constitution, as well as the most common objections. Part 2 presents a working draft in the form of one possible model for a Constitution. Observations and explanatory notes are attached to each section of this draft Constitution. This model Constitution is intended as the first stage in a public debate, designed to provoke further discussion about the content and method of legislating into law a written Constitution. Part 3 contains the draft of the Act of Parliament that would be needed to introduce any form of constitutional change. Rarely has a book been more timely or essential.

This book addresses the relationship between efficient management of critical minerals and sustainability in the Global South, including Sub-Saharan Africa. Critical minerals are essential raw materials for the technologies that are pivotal in today's energy transition. However, critical mineral host states and communities face social, economic, ecological, political, technological, and governance injustices. The book contends that the criteria currently used in assessing criticality and critical mineral development do not fulfil the sustainable development ambitions of developing countries and that broader considerations must be taken into account to include the stakeholders involved as well as the spatial dimension of the critical mineral value chain. In particular, the book argues that the law must consider the broader context in which minerals become critical to particular processes. It positions this argument within the current context of climate change, the just energy transition, the minerals-energy nexus, and geopolitical tensions. By analysing the copper-cobalt value chain through case studies on DRC, Zambia, China, and the EU, the book provides new avenues for critical mineral development and acknowledges the necessity for sustainability amidst the exacerbated impacts of climate change. Addressing a key challenge of the global energy transition, the book argues for a just holistic framework, which includes parameters such as domestic value addition, human rights in business development, environmental sensitivity, the development of communication channels from remote marginalised communities to international policymakers, and the re-designing of criticality considerations beyond supply and economic aspects.

This book clarifies all legal aspects of the good neighbourliness principle in international and EU law. It elaborates on the most acute infringements of the principle of good neighbourliness in both international relations and EU enlargement policy. Taking a two-part approach, it offers the international law and EU law perspectives. Over five chapters, it sets out the legal framework and the practical application of the principle, before setting out conclusions on the effectiveness of that application. Given the current focus on enlargement and accession to the EU this is a timely and topical study in an under-researched field.

Over the last 40 years, David Ibbetson has paved the way in a remarkably broad range of fields. In ancient law, his scholarship has spanned both the detailed doctrine of the Roman law of obligations and the cross-pollination of legal influences around the ancient Mediterranean. His work on English legal history has ranged from the earliest days of the common law through to the turn of the 20th century, combining forensic archival research with a sensitivity to how lawyers thought about their subject. In European legal history, Ibbetson has shown the porousness of the civil law and the extent to which it has been shaped by other areas of intellectual life, from theology to rationalist philosophy. The contributions in this volume mirror both the breadth and the depth of Ibbetson's scholarship. The book combines chapters from the leading scholars of Ibbetson's generation in his own and cognate fields, as well as a dozen of Ibbetson's own doctoral students. All have offered chapters that build upon or respond to Ibbetson's ideas, whether in published form or that have arisen out of his provocative style of teaching. It concludes with Ibbetson's own valedictory lecture on the importance of legal history to modern approaches to legal practice and scholarship.

This book considers the Divorce and Matrimonial Causes Acts and their significant impact on previously invisible married women in the 19th Century. Tens of thousands of women used little-known sections of the Acts to apply for orders from local magistrates' courts to reclaim their rights of testation, inheritance, property ownership, and (dependent on local franchise qualifications) ability to vote. By examining the orders which were made and considering the women who applied for them, the book challenges the mistaken belief that Victorian England and Wales were nations of married, cohabiting couples with an extremely small population of divorcees. The detailed statistical analysis and rich case studies provide a totally new perspective on the legal status and experiences of married women in England and Wales. Although many thousands of orders were granted between 1858 and 1900, their details remain unknown and unexamined, primarily because census records did not consistently record dissolved marriages and there is no central index of applications made. Using sources including court records, parliamentary papers, newspaper reports, census returns, probate records and trade directories, this book reconstructs the successful - and unsuccessful - experiences of women applying to magistrates' courts to protect their assets across regions and decades.

This book analyses cases of judicial avoidance: what happens when courts leave some or all of the merits of a case undecided? It explores examples of justiciability assessments and deferential approaches regarding the decision of another authority and examines legitimacy issues involving judicial avoidance. The reader is presented with answers to two fundamental questions that guide the development of the book: - Is it legitimate to practise judicial avoidance?- How could judicial avoidance be practised legitimately? The conflict of competences, which often emerges in instances of judicial avoidance, is an important book baseline. From this conflict, the book considers and defends the possibility of applying 'formal balancing' to provide a clearer structure of the exercise of justiciability and judicial deference. The 'formal balancing' methodology is based on Alexy's principles theory, and its connection with judicial avoidance represents a significant contribution and novel point in constitutional adjudication.

With cyberspace becoming a domain of inter-state conflict and confrontation, this book is one of the first studies of the ways in which international law can facilitate the peaceful settlement of inter-state cyber disputes. By employing theoretical and practical inquiries and analysis, the book examines the legal parameters of cyber dispute settlement; explores critical questions about the role of dispute settlement institutions and methods; and identifies and addresses related challenges. The book begins by considering the legal definition of a cyber dispute and the scope of the good faith obligation of states in settling their cyber disputes peacefully. It then examines the role of certain dispute settlement institutions (International Court of Justice, national courts, the EU, the Security Council) and dispute settlement methods (judicial, diplomatic, countermeasures, arbitration, conciliation, fact-finding). It also discusses how data disputes can be settled but also whether new and specialised mechanisms are needed. The book provides scholars, practitioners, and law students with immediate knowledge and understanding of the role of international law in the peaceful settlement of cyber disputes, as well as how international dispute settlement as a discipline and practice can apply to this new field.

Can traditional approaches to criminal jurisdiction adapt to the new global reality of the digital era? In this innovative book, leading experts in criminal, international and internet law unite to address this fundamental question. They consider how jurisdictional regimes are orientated around concepts of territoriality and extraterritoriality, how these categories are increasingly blurred in the digital era, and how a range of jurisdictional transformations are occurring in the process. Part I presents novel doctrinal, empirical and theoretical perspectives on criminal jurisdiction, exploring how states are shaping and reimagining jurisdictional concepts in the crafting and interpretation of criminal offences, and the ramifications of increasing jurisdictional concurrency in state practice. Part II focuses on the investigative and enforcement powers of the state to assess how these issues are transforming traditional understandings of jurisdictional rules and boundaries, the challenges and opportunities that these present for law enforcement authorities, and the sorts of constraints and safeguards that may be necessary as a result. The picture that emerges is a world of jurisdictional rules in a state of flux, which demands the diversity of legal perspectives presented in this book for documenting, rationalising and moving beyond the transformations that are taking shape in modern statecraft.

This book explores the judiciary's role in achieving substantive equality utilising statutory discrimination law. The normative literature suggests that to eliminate discrimination, courts have to adopt a more substantive interpretation of discrimination laws, but the extent to which this has occurred is variable. The book tackles the problem by exploring the idea that there needs to be a 'creative' interpretation of discrimination law to achieve substantive results. The author asks: is a 'creative' interpretation of statutory discrimination law consistent with the institutional role of the judiciary? The author takes a comparative approach to the interpretation of non-discrimination rights by considering the interpretation of statutory discrimination law in the UK, Canada and Australia. The book explores the differences in doctrine that have developed by considering key controversies in discrimination law: Who does discrimination law protect? What is discrimination? When can discrimination be justified? The author argues that differences in the case law in each jurisdiction are explained by the way in which the appropriate role for the courts in rights review, norm elaboration and institutional competence is conceived in each studied jurisdiction. It provides valuable reading for academics, policy makers and those researching discrimination law and statutory human rights.

This book examines the practice of risk allocation in the offshore energy industry through the public policy lens and offers a novel perspective on the concept of gross negligence in risk allocation. This perspective is founded on the proportionality element of distributive justice in burden distribution. The assessment of how mutual indemnity clauses apply as an absolute shield against liability arising from gross negligence reveals that moral hazard can result from the practice. In the analysis, this book considers the risk allocation practice in PSC and Concession regimes and how parties' liability is determined in drilling contracts. This book considers gross negligence a sui generis risk and provides a definitional pathway for determining when gross negligence occurs and how it should apply to offshore drilling contracts. Thus, it advances an environmental sustainability approach to offshore petroleum drilling operations. This book will be useful to operators and contractors, resource-rich countries, insurance companies, practitioners, scholars, and academics interested in risk allocation in the petroleum industry.