法　学 — 全 下位分類

This book is a one-stop reference to Hong Kong private international law.

It provides clear expositions on questions of jurisdiction, choice of law, recognition and enforcement, transnational arbitration, and inter-regional and international harmonisation of Hong Kong conflict of laws. It covers a range of areas, including the law of obligations at common law and in equity, the law of real and personal property, intellectual property law, family law, company law, insolvency and bankruptcy law, competition law, and admiralty law. It includes discussions of cross-border dispute resolution, jurisdiction and choice of law clauses.

The book focuses on the practical issues, emphasising the rapidly developing local jurisprudence of recent years. It also offers theoretical insights and suggestions for law reform when appropriate. Moreover, it systematically analyses conflict of laws issues arising out of inter-regional cases between Hong Kong on the one hand and Mainland China, Taiwan, and Macao on the other.

The book will be indispensable to judges, practitioners, scholars, and students in Hong Kong, Greater China, Asia, and worldwide.

This book engages with different aspects of India's practice of international law. It covers a diverse range of areas such as human rights, humanitarian law, migration, diplomacy, extradition, environment, trade, investment, taxation, cyberspace, data protection, maritime, and intellectual property to showcase India's strong commitment to respect and observe international law.

The volume discusses various themes which include:

• Legal and constitutional framework;
• Air, space, and atomic energy;
• Environment;
• Sea and maritime law;
• Trade, investment, and taxation;
• Conflict of laws;
• IT and data protection;
• Human rights and humanitarian law;
• Issues of refugees and internally displaced persons;
• Extradition and diplomatic immunities;
• Intellectual property;
• International obligations.

The essays in this book also establish the linkage between observance of international law and bilateral and multilateral relations between different countries.

Comprehensive and analytical, this book will be useful for scholars and researchers of law, international law, human rights, and foreign policy. It will also be an invaluable companion for professionals in law firms and think tanks, bureaucrats, and diplomats.

Written by a team of experts from legal, forensic, and policy backgrounds, this book presents new research into sexual violence and harassment across Africa.

This first of it's kind book foregrounds the work of African scholars and presents careful research analysis and case studies that consider sexual harassment from legal, socio-economic, and cultural realities. It highlights the importance of laws around sexual harassment in Africa, the intersectional challenges it poses to women in the workplace, and the role of the feminist movement in Africa to hold perpetrators accountable and give voice to survivors of sexual harassment. The book forms part of a broader African-driven research initiative on sexual harassment and the law and is written in partnership with the Africa End Sexual Harassment Initiative (AESHI). It also explores the need to focus on best-practice benchmarks for Africa and also learning from developments in Africa.

Timely and relevant, the book will be of great interest to legal and policy academic scholars, professionals, and activists working in the fields of gender policy, forensic psychology, and NGOs. It will also be useful reading for postgraduate students of law, gender studies, political science, and African studies.

This book explores how participatory creative production can allow refugees to be recognised in emotional, legal and social ways. It also explains how decisions around participation in these forms of creative production can equally exclude refugee voices from the public sphere, inhibit recognition, and in fact lead to refugee misrecognition.

Building on the concept of 'performative refugeeness', it considers how refugee voices are ambivalently enacted in alternative forms of media and considers the differences between the refugee voices expressed in and beyond them, in contexts surrounding their creation. Furthermore, it analyses the forms of refugee voices expressed in such creative projects, which encompass fiction, photography, video, audio, and/or drawing-in linear, as well as 'messy' and 'interrupted' ways-and assesses how promises of offering a voice might claim to have been fulfilled in such cases.

The volume will be of great interest to scholars and researchers of migration and refugee studies, media and culture studies, performance studies and communication studies.

Hosoi, Tatsuno and Pratt examine the realities, problems and backgrounds of crimes committed by elderly people in both Japan and international perspectives.

Japan's aging population is a commonly known issue globally, and the world looks to Japan to understand the issues that other nations may experience in the future. One such aspect is an increase in crimes committed by the elderly. According to the National Police Agency in Japan, the proportion of elders arrested for committing theft has doubled over the past 10 years. The chapters in this volume look to answer questions around the reason for elder crime, the types of crime and punishment that exists in this cohort of society and how this increasingly large problem in society can be managed.

This book offers important insights into the societal issues and potential solutions for aging societies around the world. It will be a valuable research reference for scholars of mental health, criminology, population studies and Asian studies.

EU regulatory initiatives concerning technology-related topics have spiked over the past few years. On the basis of its Priorities Programme, which is focused on making Europe 'Fit for the Digital Age', the European Commission has been busily releasing new texts aimed at regulating a number of technology topics, including data uses, online platforms, cybersecurity, and artificial intelligence.

This book identifies three phenomena which are common to all EU digital technologies-relevant regulatory initiatives: act-ification, GDPR mimesis, and regulatory brutality. These three phenomena serve as indicators or early signs of a new European technology law-making paradigm that now seems ready to emerge. They divulge new-found confidence on the part of the EU digital technologies legislator, who has now asserted for itself the right to form policy options and create new rules in the field for all of Europe.

Bringing together an analysis of the regulatory initiatives for the management of technology topics in the EU for the first time, this book will be of interest to academics, policymakers, and practitioners, sparking academic and policymaking interest and discussion.

This book provides a comparative analysis of Chinese property law as depicted in the newly enacted Chinese Civil Code.

The Chinese Civil Code, the first civil code in the history of the People's Republic of China, was enacted as law in May 2020. Reflecting the growing interest in this code and its provisions to scholars of codification and of comparative private law, it has already been translated into English, German, and Italian. Chinese property law has both local and global features, and this comparative study offers a channel through which to understand Chinese property law, by highlighting both its similarities and differences from other property systems. Broadly speaking, the book brings together two approaches. The first comprises a comprehensive discussion of aspects of Chinese property law, such as ownership, property rights, and secured transactions. The second consists of perspectives from other jurisdictions and provides an assessment of Chinese property law based on other property systems. Containing contributions by both distinguished and young scholars, who are experienced in comparative property law research, the book offers a unique insight into the Chinese Civil Code and, through it, how extra-civilian elements are embodied in a fundamentally civilian legal system.

This book will appeal to scholars and students of property law, comparative law, and others with specific interests in law and politics in China.

Multi-modal argumentation with its logical, emotional, visceral and kisceral arguments is an important addition to logical argumentation, especially when real-life situations are considered. It does not discard logic but adds other modes of argumentation to complement it, to emphasize the realistic environments of communication. In this sense, the multi-modal theory is important for the area of legal argumentation, where even in the reasoning of judicial decisions traces of a flesh-and-blood personality, who decided the case and wrote the reasons, can be found.

This book presents a comprehensive analysis of this informal logic in legal argumentation and its practicality within the law. It argues that by building on the dialectical and rhetorical models of legal argument, the former being important for clear cases while the latter for unclear ones, the multi-modal theory of legal argumentation brings together logic and psychology in a holistic or integral perspective. The approach is not only descriptive, identifying the traces of alternate arguments in judicial decisions, but is also normative, presenting the criteria for evaluation that multi-modal arguments need to face to attain validity in the legal context.

The work will be of interest to academics and researchers in the areas of Legal Theory, Legal Linguistics, Philosophy of Law, and Communication Studies.

This book, through the lens of interdisciplinary legal analysis, draws a subtle balance between bioethics and financial regulation, with the latter playing an unexpectedly crucial role in the way life may potentially be governed. The legal topic of human preservation or cryoconservation was initially developed in the United States in the case of Donaldson v. van de Kamp. More recently, the subject arose in Europe as a result of a decision of the High Court, Family Division, London. This new theme of cryoconservation has unfolded through multifaceted forms, including its impact on regulation. In an area that may, at least prima facie, be regarded as belonging to the traditional realm of medical law, the findings presented here suggest that its potential has strong economic implications. The work argues that it is necessary also to look at this subject from a more interdisciplinary perspective, drawing a fil rouge between two otherwise seemingly opposing areas of law: medical law and financial regulation. The legal framework draws on the Anglo-American, and the United Kingdom in particular, along with civil law analysis from Italy. The work will be of interest to researchers and academics in the areas of medical law, legal philosophy, financial law, property law and insurance law.

The first English translation of Magnus the Lawmender's law code, this book allows students and scholars to interpret, compare and add their perspectives to this crucial source to European legal history.

The Laws of the Land are one of the very few law books issued in the Middle Ages which regulated a whole kingdom. It stayed in force until the late 17th century, shaping society, politics and law in Norway and its surrounding regions for over 400 years. This book is separated into three parts. The first is an introduction to the laws written by the translator, Johanna Katrin Fri?riksdottir. The second and longest section of the book is a complete English translation of the Laws of the Land. The final part is a glossary, which lays out the most important Old Norse legal terms with English translations. The glossary also contains explanations and conversions of religious feast days which are relevant in the law.

Providing familiarity with the Laws of the Land, this book is crucial to students and scholars of Medieval history alike to understanding the social, legal, political, and intellectual developments of the Nordic High Middle Ages.

The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons [Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND)] 4.0 license.

In a new era of rising protests, social unrest and political discontent globally, especially over climate change, war dangers, austerity measures and social inequality, the right to protest is a critical democratic right. Yet it is increasingly controversial and subject to government reaction. This book poses a crucial question: how to defend and extend democracy? It examines the critical historical, social, political, ethical and legal issues raised by the basic democratic right to protest and the legislative and executive measures being taken by governments to restrict it. These measures are examined with a focus on three countries with an English legal heritage: the United States, Britain and Australia. These states are frequently held up as models of liberal democracies, respecting core legal and democratic rights. However, an examination shows that they have adopted far-reaching anti-protest laws and other provisions that threaten protest rights and genuine democracy itself. This book will be of interest to all members of society, as well as students, academics and policy-makers in the fields of civil liberties and human rights, constitutional law, criminal justice, national security and environmental studies.

This book examines how the democratic form and the struggle for democracy reflects, influences and shapes the struggle for social emancipation.

In the context of increased exploitation, rising inequality, and intensified struggle for social justice in the aftermath of the economic crisis, the channelling of populism through liberal democratic institutions has had contradictory effects: giving rise to both Corbyn and Brexit, Sanders and Trump, Syriza and the Golden Dawn, to name but a few. How can we make sense of these developments? In response, this book approaches the idea of democracy from a socialist constitutionalist standpoint and explores institutional forms and principles that challenge and aim at the transformation of the extant social order. This process involves the challenging of well-established ideas of the liberal viewpoint, as well as an unwavering focus on the issue of class rule which enables the highlighting of limitations of -not only mainstream but also heterodox- contemporary approaches to constitutionalism and democracy. Ultimately, democracy is conceived as a process of struggle for creating the conditions, material as well as intellectual, for its actualisation.

This significant work of legal and political theory will be of considerable interest to those working in these areas to make sense of contemporary developments, and to further the causes of social justice and social emancipation.

This book addresses the hidden dynamics of race within the European Union.

Brexit supporters' frequent targeting of European Union (EU) movers, especially those from Central and Eastern Europe, has been popularly assumed as at odds with the EU project's foundations based on equality and inclusion. This book dispels that notion. By interrogating the history, wording, omissions, assumptions and applications of laws, policies and discourses pertinent to mobility and equality, the argument developed throughout the book is that the parameters of CEE nationals' status within the EU have been closely circumscribed, in line with the entrenched historical positioning of the west as superior to the east. Engaging current legal, economic, political and moral issues--against the backdrop of Brexit and contestations over EU integration and globalisation--this work opens avenues of thought to better understand law's role in producing and sustaining social stratifications. Europe is a postcolonial space, as this book demonstrates. By addressing fractures within the construct of whiteness that are based on ethnicity, class and migrant status, the book also provides a theoretically nuanced, and politically useful, understanding of contemporary European racisms.

This book will appeal to scholars, students and others interested in migration, EU integration and EU citizenship, equality law, race and ethnicity, social policy, and postcolonialism.

This book addresses the rights of indigenous peoples to marine space and associated marine resources under international law.

Examining the rights of indigenous peoples relating to marine space and marine resources both in international human rights law and the law of the sea, the book provides an in-depth critical analysis of the existing legal framework, whilst identifying the gaps, and possible further mechanisms, for recognizing the rights of indigenous peoples to marine space. The book addresses three main issues: 1) the extent to which international law recognizes and protects the rights of indigenous peoples in relation to marine space and marine resources; 2) if and how the law of the sea and international human rights law pertaining to the rights of indigenous peoples to marine space and marine resources interact; 3) whether and to what extent the law of the sea regime limits the capacity of coastal States to recognize and implement the rights of indigenous peoples relating to marine space and resources. In response, and in a context where indigenous marine rights are under increasing threat, the book develops an important critical theoretical and methodological approach which moves beyond the current doctrinal focus of much existing work in this area.

The book will appeal to academics, researchers, and practitioners in the areas of indigenous peoples and the law, international law, the law of the sea, and human rights.

What is it that unites the European Union as a polity? Why is it necessary to democratise the EU? Can EU politicisation help democratising the EU? Why do EU citizens in referenda seemingly vote against the EU? And how can a European identity develop? To tackle these questions, this book makes a theoretical, conceptual and empirical contribution to the study of EU politicisation, democratisation, identity formation, and the ways these three are related to one another. The results of a thorough comparative analysis of two prototypical cases, namely French and German national EU discourses and in particular the discourses on the Treaty on a Constitution for Europe (TCE) in 2005, are discussed in relation to more current events such as Brexit and the French elections of 2022. The book thus develops key concepts and theoretical models and delivers profound findings on EU democratisation, identity, politicisation and contestation and their interrelations.

This book will be of key interest to scholars and students of European Union studies/politics, democratic theory, discourse analysis and more broadly to comparative politics.

The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons [Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND)] 4.0 license.

The Universal Periodic Review (UPR) is a peer-review mechanism, reviewing all 193 UN Member States' protection and promotion of human rights. After ten years of the existence of the UPR mechanism, this collection examines the effectiveness of the UPR, theoretical and conceptual debates about its modus operandi, and the lessons that can be drawn across different regions/states to identify possible improvements.

The book argues that despite its limitations, the UPR mechanism with its inclusive, cooperative, and collaborative framework, is an important human rights mechanism with the potential to evolve over time into an effective cooperative tool for monitoring human rights implementation. Divided into three parts, the first part focuses on exploring a variety of theoretical approaches to understanding the UPR mechanism. The second part examines specific human rights themes and the relationship between the UPR mechanism and other international mechanisms. Finally, the third part questions implementation and the ways in which states/regional groupings have engaged with the UPR mechanism and what lessons can be learned for the future.

The volume will be a valuable resource for researchers, academics, and policymakers working in the area of international human rights law, international organizations, and international relations. We would like to acknowledge the UPR Academic Network (UPRAN) for bringing together the experts on this project and the University of Stirling for providing funds to facilitate open access dissemination for parts of this output.

The Introduction and Chapter 6 of this book are freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution (CC-BY) 4.0 license.

How colleges and universities can respond to legal pressures while remaining true to their educational missions.

Not so long ago, colleges and universities had little interaction with the law. In the 1970s, only a few well-heeled universities even employed in-house legal counsel. But now we live in the age of tenure-denial lawsuits, free speech battles, and campus sexual assault investigations. Even athletics rules violations have become a serious legal matter. The pressures of regulation, litigation, and legislation, Louis Guard and Joyce Jacobsen write, have fostered a new era in higher education, and institutions must know how to respond.

For many higher education observers and participants, including most administrators and faculty, the maze of legal mandates and potential risks can seem bewildering. Guard, a general counsel with years of higher education law experience, and Jacobsen, a former college president, map this unfamiliar terrain. All the Campus Lawyers provides a vital, up-to-date assessment of the impact of legal concerns on higher education and helps readers make sense of the most pressing trends and issues, including civil rights; free speech and expression; student life and wellness; admissions, advancement, and community relations; governance and oversight; the higher education business model; and on-campus crises, from cyberattacks to pandemics.

As well as informing about the latest legal and regulatory developments affecting higher education, Guard and Jacobsen offer practical guidance to those in positions of campus authority. There has never been a more crucial time for college and university boards, presidents, inside and outside counsel, and other higher education leaders to know the law and prepare for legal challenges.