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This book explores the role of private mining rights in the utopian imaginary of space colonisation. It presents a transdisciplinary account of the new and evolving legislative frameworks that have been established in anticipation of commercial exploitation of the mineral resources of the off-world frontier. Written in an engaging style, the book investigates a novel case study in the history of capitalism and 'the commons': the emergence of a nascent space mining industry, undergirded by a contentious legislative framework. In 2015, the US passed laws that would recognise the claims of US corporations to own and sell space resources. This unilateral act of pre-emptive law-making would appear to contravene the terms of the UN Outer Space Treaty (1967), which declared that the exploration and use of outer space should be 'for the benefit of all mankind' and 'not subject to national appropriation'.

Using this central dynamic between privately held mining rights and outer space as a 'global commons', Matthew Johnson constructs an historical sociology of space mining - from the deep historical roots of common and private property to the contemporary networks of neoliberalism that have engaged with the commercialisation of space activity. The anticipatory expansion of private property claims beyond the Earth both resonates with and problematises the 'terrain' of political history, such as the tensions between states and markets, public law and private power, 'the commons' and exclusive property. The emerging cosmopolitics of off-world private property mirrors (and is often explicitly embedded within) neoliberal geopolitics, prompting urgent questions about how we can reaffirm principles of democracy and 'common heritage' in the international laws of Earth and space. This book is compelling reading for anyone interested in the social study of space, law, economics, technology, politics and property rights.

The Routledge Handbook of Private Law and Sustainability reflects on how the law can help tackle the current environmental challenges and make our societies more resilient to future crises.

Sustainability has been high on the political agenda since the approval of the Sustainable Development Goals in 2015 and the EU Green Deal in 2019. The Green Agenda aims at making Europe the first climate-neutral continent by 2050, but humanity persists in an ecological overshoot that puts at risk the survival of species, including that of our own. Drawing together a selection of leading thinkers in the field, this Handbook provides a curated overview of the most recent and relevant discussions for private lawyers related to environmental and sustainability concerns. The authors delve into case study examples from 20 countries in Europe and beyond and discuss a wide range of issues, including new property law and consumer law paradigms, the use of legal tech for promoting sustainable property management, strategies for fighting planned obsolescence, eco-design, the servitisation economy, advances on corporate climate litigation and mandated green private sludges. Overall, the volume is designed to empower new generations of legal scholars to take an active role in the transition to a more sustainable future. It will also assist policymakers in producing better policy, through pinpointing the main legal issues that need to be addressed and offering a comparative overview of legal solutions and best practices.

Divided into six key parts and overseen by a team of internationally recognised expert editors, this Handbook will be an essential resource for students, scholars, private lawyers and policymakers who wish to have a comprehensive, fundamental overview of how environmental sustainability concerns reflect on private law.

This volume offers a comprehensive examination of Hans Kelsen's legal and political philosophy, focusing on four central themes.

The first part analyses Kelsen's theory of norms, including its periodisation and concepts of validity and coercion. The second part explores his perspectives on international law, addressing its structural analysis, primitive law characterisation, and teleology. The third part examines Kelsen's theory of democracy, its relationship with the pure theory of law, collective will, and democratisation of the administration. The final part discusses Kelsen's influence on the Vienna School of Legal Theory and its impact on case law and jurisprudence beyond Europe. This collection is essential for scholars and practitioners seeking to understand Kelsen's legacy.

This book explores the movement towards the recognition of animal sentience in the law. It explores some first principles underpinning the recognition of animal sentience, including the nature and scope of sentience provisions, the connection between sentience and empathy, drafting issues, and the relationship between sentience recognition and animal rights. The book highlights the operation of animal sentience provisions in several jurisdictions throughout the world and considers some sector-specific applications and limitations of animal sentience recognition.

The first book of its kind, it draws together different perspectives as to what this novel turn in the law might mean and where it might lead. The chapters provide a full picture of what the recognition of animal sentience might entail for humans, animals, and our environment, as well as the experiences of different legal jurisdictions in pursuing recognition of animal sentience.

This collection is an essential read for both practitioners and academics alike, as well as any group seeking to advance the interests of non-human animals.

Teen legal rights are perpetually changing in American society, whether in the classroom, at work, or within family and community settings. Fully revised and updated to reflect important changes in the legal status and rights of young people from all walks of life, the fourth edition of Teen Legal Rights is an accessible and indispensable resource to help teenagers navigate and understand the extent and limitations of their rights and liberties.

Employing a simple FAQ format organized into nearly two dozen topical chapters (including new chapters devoted to such subjects as immigration and trans youth), First Amendment scholar David L. Hudson Jr. provides an authoritative analysis of the judicial system as it pertains to teens and their interests, explaining important court decisions, legal arguments, and legislative changes to help teens better understand how their rights are evolving as they move deeper into the 2020s.

The new edition of this essential book details the present state of EU environmental law as it has developed over the last 50 years. The author was personally involved in its making and enforcement, having worked for more than 30 years in the environmental department of the European Commission. The book therefore provides unique insights into this complex field.

The book discusses in detail governance and other horizontal issues, such as competence questions, the division of power between the EU and its Member States, the individual right to a clean environment, and the integration of environmental requirements into other EU policies such as energy, transport, agriculture, fisheries, trade, and tourism.

New chapters elaborate on the relationship between UK and EU law after Brexit (written by Christopher Badger) and on the global effect of EU environmental law and policy. Other chapters deal with climate change, biodiversity, water protection, air and noise pollution, products, and waste. Implementation of EU law in the Member States and the prominent role of the EU Court of Justice with its more than 1,100 environmental judgments are discussed, as well as an overall assessment of EU law and policy in environmental matters and its perspectives to 2030 under the 8th EU environmental action programme.

At a time of globalisation, the book is indispensable reading for students, researchers, and practising lawyers alike.

Livestock food systems need to be rapidly rethought to tackle the global climate crisis. This book examines how climate concerns for the livestock sector are governed in international law and addresses the sector's inclusion (or lack thereof) across the international governance of climate change, agriculture, forests and trade.

The book provides a wide-ranging analysis of legal regimes at the international level that affect emissions from cattle (and where relevant, livestock more broadly). On this basis, tensions, interactions, and common themes for livestock emissions mitigation across the international climate change, forestry, agricultural and agri-trade regime are identified. This showcases where productive synergies and damaging tensions have emerged across the cross-cutting nature of livestock governance, enabling goals of fairer and more effective emissions mitigation for the sector to be achieved.

In addition to addressing issues such as food security and public health, the book highlights the problem of affluence in reducing cattle emissions from meat consumption. This key insight is significant in terms of tackling future livestock emissions trajectories, particularly in relation to securing climate justice within the agricultural sector and securing equitable and effective livestock solutions.

The book is a key text for all those with an interest in the legal governance of climate change and agriculture, adding to the timely debate on the future sustainability of the global diet and the relationship between affluence and climate change.

If you could change one part of the criminal law, what would it be? Following the success of the 1st volume, the same question is put to a new selection of leading academics and practitioners.

The first eight chapters of the collection present their responses in the form of legal reform proposals, with topics ranging across criminal law, criminal justice and evidence - including corporate liability, consent to bodily harms, prostitution, domestic abuse, economic crimes, defendant anonymity, appeal court structures and the procedures of the Criminal Cases Review Commission.

Each chapter is followed by a comment from a different author, providing an additional expert view on each proposal. Finally, the last two chapters broaden the debate to discuss criminal law reform in general, from the challenges of decriminalisation to exploring the systemic dynamics of centralisation, austerity and politicisation. The collection highlights and explores the current reform debates that matter most to legal experts, with each chapter making a positive case for change.

Criminology: Explaining Crime and Its Context, Eleventh Edition, offers a broad perspective on criminological theory. It provides students of criminology, criminal justice, and sociology with a thorough exposure to a range of theories about crime, contrasting their logic and assumptions, but also highlighting efforts to integrate and blend these frameworks.

In this new edition, the authors have incorporated new directions that have gained traction in the field, while remaining faithful to their criminological heritage. Among the themes in this work are the relativity of crime (its changing definition) with abundant examples, historical roots of criminology and the lessons they have provided, and the strength and challenges of applying the scientific method. This revision offers new chapters on critical theory and on life-course criminology. It is updated throughout to reflect current trends in criminological theory and data.

With chapters both updated to reflect recent developments in the field and made easier to digest, this text is essential reading for students of criminology, criminal justice, sociology, and related fields.

Why do people represent themselves?
What works and what doesn't for self-represented parties?
And how can we improve Litigant in Person (LiP) experiences to make the civil justice system fairer?

Based on in-depth interviews with individuals who have acted as Litigants in Person in the civil courts, the book provides the first full-length account of LiP experiences. The author shines a light on how much we don't know about LiPs, the civil justice system, and LiPs' place within it, as well as the kinds of things we ought to be doing to improve access to justice for unrepresented parties.

Perfect for scholars of administrative justice, access to justice, court reform and legal aid, as well as government bodies and non-profit organisations, this book generates insight into meaningful methods of what works and what doesn't work for self-represented parties, based on the real-life experiences of LiPs.

The 2nd edition of this book provides an updated comprehensive analysis of the European Commission's dawn raid practices from a due process perspective.

Examining the obligations imposed by the Charter and the ECHR and the response of the Luxembourg and Strasbourg Courts, the book shows that whereas the Strasbourg Court manages to strike a balance between efficiency concerns and fundamental rights, the approach of the EU Courts is not equally balanced.

The dawn raid is a powerful tool on which the European Commission relies heavily in its antitrust investigations. In 2022, the Commission carried out dawn raids in private homes for the first time in many years and it has declared its intent to make greater use of the power to inspect private premises. Furthermore, the European Commission is expanding its dawn raid practices into new areas of law. Both the Digital Markets Act and the Foreign Subsidies Regulation empower the Commission to carry out dawn raids and to impose heavy fines on anyone failing to cooperate. Ensuring adequate procedural safeguards is therefore more important than ever.

The book provides an essential and timely examination of this important subject, and is of great practical interest to companies, practitioners, and enforcers. It is also of theoretical interest, offering stimulating reflections on the effectiveness and legitimacy of the Commission's enforcement powers.

Customary international law is a widely-recognised modality of international lawmaking. It underpins all norms of international law and shapes all aspects of global society. Yet familiar approaches to customary international law struggle to answer basic questions about its role, operation, and prospects.

Pursuing an interdisciplinary approach, this book offers an alternative perspective on customary international law as a dynamic and multifaceted social phenomenon and idea. It explores customary international lawmaking in different social contexts, including the regulation of armed conflict, the treatment of the 'other', and the management of global environmental risks. Focusing on the 'varieties' of customary international law, it identifies four types of customary international law norms and explores their roles and implications.

Critically revisiting a classic topic of international law, the book provides a tool for understanding and shaping global lawmaking and social change in a rapidly changing international legal order.

Ambitious and innovative, this important study offers a fresh perspective on the normative framework of the EU's internal market.

The book explores the place of the ideals of private autonomy in the EU's legal order. Indeed, it goes further to explore the parameters of their protection within both its legal and regulatory framework. Looking at the coexistence of, and interaction between, varying expressions of private autonomy, it offers a comprehensive review of the protection of private autonomy at the normative core of the internal market. The book also explores the layers of limitations and conditions imposed on the exercise of private autonomy that generate legal tensions and conflicting forces.

In addition to plotting a systematic approach to the question, the book introduces a new framework for better understanding the correlation between the free movement and competition law regimes and the fundamental economic rights protected in the Charter.

The Routledge Handbook on Global Community Corrections assesses and analyzes the status of community corrections systems around the world, highlighting inter-regional and intra-regional variations in their design, implementation, and impact on policy and practice. Covering both probation and parole, this handbook brings together leading international experts to examine the myriad of systems developed under the broad heading of community corrections to manage community corrections populations at the pre-adjudication, adjudication, and post-release stages. Chapters are designed to consider the following questions:

1. How many offenders are placed in community corrections systems around the globe?
2. What are the key design features of these community corrections systems?
3. What do we know about the effectiveness of community corrections within and across global regions?

This is an essential reference text for all those engaged with community corrections, probation, and post-release policy in criminal justice.

This open access book explores law, politics, and inequality in fights against infectious diseases. Guided by a theoretical framework called "governing through contagion", the studies in this book analyse how past and present governments have tried to combat contagious diseases, such as the bubonic plague, cholera, HIV/AIDS, and COVID-19.

They examine how these governments used law and other technologies, including waste management, mask-wearing, quarantine stations, house inspections, and the burning of entire neighbourhoods, to achieve their aims of protecting populations and ensuring productivity.

Although the studies recognise the power of the state, they simultaneously emphasise the active roles of technologies and creatures, drawing attention to the often-taken-for-granted workings of the non-human in public health governance. They also consider the implications of strategies of control on marginalised communities and democratic politics. Collectively, the studies in this book bring attention to the connections between COVID-19 responses by governments and their historical antecedents, shedding light on the role of capitalism, colonialism, and geopolitics in circulating contagions and the strategies used to control them.

The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Does a European patent always entitle its holder to a permanent injunction?

This question has sparked vigorous debate in past years but so far remains unresolved. This open access book presents a detailed, practical, and comprehensive test to determine when injunctive relief should be limited on proportionality grounds.

The book's 3 parts guide readers from proportionality's normative foundations to its practical applications. Part I argues that, contrary to conventional wisdom, proportionality is not an open-ended balancing test but rather applies the principle of commensurate scope at the remedies stage. Part II offers an in-depth analysis of situations where a permanent injunction risks upsetting that principle. It draws on a unique qualitative study of all US District Court decisions between 2006 and 2020 granting or denying a permanent injunction in patent cases to stake out circumstances where an injunction might have disproportionate consequences. Part III grounds the inquiry in EU law and proposes a proportionality test along three elements: overreach, abuse, and conflicts with third-party rights.

The book thus provides a distinctly European response to a global problem. The book is an invaluable resource for practitioners, clerks, and scholars looking not only for the normative, empirical, and legal basis of proportionality in European patent law, but also for guidance on its real-world operation.

The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

This open access book studies labour institutions from an economic perspective to justify their existence and the advantages that they bring to innovation, efficiency, productivity, and economic growth.

The philosophical foundations of labour law rely on the protection of the weaker party of the employment contract. However, after 40 years of political neoliberalism, these justifications seem insufficient for achieving progress in the area of labour and employment rights.

This book changes the narrative of why we need labour standards. It begins with a study of the reasons that gave rise to labour law in the context of the Industrial Revolution and its evolution, and moves on to analyse the current context dominated by globalisation and economic digitisation. It then proceeds to study the main justifications for intervention in the labour market in the current business-economic context on a global scale: economic growth; pre-distribution of wealth; a meritocratic allocation of working conditions and equality among workers.

Using case studies and examples from across the EU, the UK, and the US, the book shows how the deregulation of labour markets harms innovation and the economy, especially when considering the challenges of platform work, algorithms, and AI. It demonstrates that labour standards such as the minimum wage, sectoral collective bargaining and collective rights, protection against dismissal and discrimination, occupational risk prevention, and social security are necessary for the economy to function properly.

The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by Universitat de Valencia.

Two leading feminist lawyers reflect on gender in international law to set out what a gendered peace might look like and its impact on international law in this open access book.

In order to challenge orthodoxies, the book takes an unconventional approach, merging personal reflections, expert essays, and interviews. It throws the disciplinary net wide, drawing on international law, gender studies, international relations and history. The authors, undisputed global leaders in the field, challenge the reader to unlearn international law, in order to relearn it in a way that makes it more fit for purpose in the contemporary world. This seminal work is a clarion call to think about international law in a new and transformative way.

The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the London School of Economics & Political Science.

For additional material on Gendered Peace Through International Law visit https://www.bloomsburyonlineresources.com/gendered-peace-through-international-law

This book considers the ways in which the concept of the Rule of Law will need to evolve in order to ensure that the exercise of power by Artificial Intelligence (AI) does not become arbitrary and does not proceed unchecked. It presents the Rule of Law and its impact on the past and the present; it considers what AI is, what it does, and what it might become in future; and it looks at how AI will need to be harnessed to allow power to be exercised more effectively in the future.

The book argues that the Rule of Law has for centuries been the concept that protects against the arbitrary exercise of power. However, the exercise of power by AI unchecked by humans strains the concept's ability to provide this protection.