法　学 — 全 下位分類

This book contributes to the broader discussion on the development of renewable energy sources for a clean and sustainable energy to drive sustainable growth, energy security and sustainable development.

Focusing on sub-Sahara African perspectives, with Ghana as the central case study, this book focuses on how regulatory regimes can be designed to achieve renewable energy targets for electricity production. Exploring the regulatory rationales behind the government's intervention in the Ghanaian renewable energy sector, it examines whether the regulatory measures adopted by the Ghanaian government are sufficient to attract adequate investment to meet renewable energy integration targets. Assessing the regulatory frameworks of the renewable energy sectors of The Gambia and Nigeria, the book compares these countries to the regulatory approaches to renewable energy development in Ghana. Arguing that there are significant regulatory issues impeding renewable energy development in Ghana, with wider consequences across sub-Saharan Africa, the book suggests solutions which can establish a robust and an effective regulatory framework to achieve renewable energy developmental targets.

A comprehensive read, this volume will appeal to scholars and researchers of sustainable development, law and legal studies, environmental laws, development economics, applied industrial economics, energy security, African economy, public policy and regulatory policy. It will also be of interest to professionals and practitioners in policy circles and research think tanks.

This book elaborates and interrogates the idea of evil corporations from a diverse range of disciplines.

There has long been awareness of systemic harms inflicted by corporations, but this awareness has rarely led to any effective legal means to prevent and/or respond adequately to them. Lawyers and legal theorists appear to be stuck asking the same questions, and giving the same ineffective answers. Part of the problem, this book maintains, is the relative lack of theoretical interrogation into the nature of corporations as responsible, moral agents. To break this stasis, this book draws upon philosophies of wickedness in order to ask whether or not corporations are, or can be, evil. With contributions from a range of different disciplines, including law, cultural theory, theology, and philosophy, it offers a novel account of how and why corporate wrongs are caused, whilst exploring the extent to which the legal system itself facilitates such wrongdoing.

The book targets a broad international audience with research interests in corporate crime. This will be of particular interest to those within the legal discipline, including corporate law, criminal law, corporate crime and law and humanities scholars.

Chapter 9 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-NoDerivatives (CC-BY-NC-ND) 4.0 license.

The legal principle of ne bis in idem proclaims that no person shall be tried twice for the same matter. This principle is important in theory and practice, as it safeguards a fundamental individual interest and spares the accused the burden of a repeat trial. This book provides a comprehensive examination of the ne bis in idem principle in international criminal law. Readers will find a detailed account of ne bis in idem rules in the law and practice of the International Criminal Court and other international criminal courts. The book also examines international law ne bis in idem rules that govern the domestic prosecution of international crimes. The book will be a valuable resource for researchers, academics and policy-makers working in the areas of International Criminal Law and International Human Rights law. It will be of particular use to those interested in defense rights, admissibility of cases before international criminal courts, and issues arising from prosecution of international crimes in multiple criminal jurisdictions.

How crime and security are governed has become a critical issue in criminology over the first quarter of the twenty-first century. Today, we see a broader landscape of regulatory players who are involved in the control and management of crime, whether in crime prevention, safety in the community or in providing private security services. The Security Field: Crime Control, Power and Symbolic Capital gets to grips with these changes and argues that this forms an emerging field in which different players appear to compete and co-operate but are ultimately vying to shape and order the field. This book draws on new thinking in the social sciences on questions of crime, fear and security and contributes to the expanding interest on the sociology and criminology of security by offering a Bourdieusian approach to plural policing and the everyday political economy of security.

Drawing from Bourdieu's concept of field, this book builds a theory of the security field based upon a series of in-depth interviews with security actors such as senior police officers, NGOs, private security professionals, government officials and community safety workers in Ireland. It demonstrates how security producers compete for cultural capital in its many forms - as data, information and relationships - and ultimately as a way of cementing their positions in this emerging field. It shows the dominant power of the formal police and central government in shaping and ordering this relational space. In doing so, The Security Field: Crime Control, Power and Symbolic Capital builds an empirical case from three distinct areas of security production: urban security, community safety and the connections between regulated private security and public crime prevention. It explores the challenges of securitisation in respect of public safety, security and rights and the way in which social problems such as drug use, homelessness and urban marginality are recast as 'security' concerns.

An accessible and compelling read, this book will appeal to students and scholars of criminology, sociology, urban studies and security studies.

This book presents the results of the latest in a long-running research project using the RIMES instrument, developed by scholars in Spain. Here, RIMES is used to measure the extent of social exclusion resulting from the penal system in comparative perspective. The volume shows the results of the application of the instrument in seven criminal justice systems: Germany, Italy, Spain, Poland, England and Wales, California, and New York.

Divided into two parts, the first provides a general overview of the RIMES instrument, including a discussion of the theoretical model and the methodology. The second part focuses on the results of the application of RIMES in the seven jurisdictions. The comparative results are organised according to the nine dimensions included in the RIMES instrument: control of public spaces; legal safeguards; sentencing and sanctions systems; harshest penalties; prison rules; preventive intervention; legal and social status of offenders and ex-offenders; police and criminal records; and youth criminal justice. The last chapter summarizes the comparative results and ranks them in terms of the findings on social exclusion.

The book will be of interest to academics, researchers and policy-makers working in the areas of Comparative Criminal Justice, Criminology, Criminal Law and Policy.

This book documents the evolution of the United Nations (UN) Crime Programme and its changing priorities, from the early focus on juvenile delinquency and correctional treatment, to the present preoccupation with transnational organized crime. It analyses what factors have contributed to this evolution, and to the shift from the original work on "soft law" resolutions and international standards, to "hard law" conventions, and to the expansion of technical assistance. It also examines the changing structure and working methods of the Programme, such as the UN Crime Commission and the UN Secretariat unit responsible for the Programme, the UN Crime Congresses, and the Programme Network Institutes. Drawing on almost 50 years of experience on the "inside" of the UN Crime Programme and his hands-on knowledge of the working of governmental and intergovernmental processes, Matti Joutsen explores the transitions that have taken place in the UN Crime Programme over the seven decades of its existence, assesses the changing impact of the Programme, and suggests possible future directions in international cooperation in crime prevention and criminal justice.

An accessible and compelling read, this book will appeal to students and scholars of criminology, sociology, politics, criminal justice, policy makers, and those interested in the evolution of the UN Crime Programme.

This handbook provides a comprehensive global survey and assessment of the law and policy relating to homelessness prevention. Homelessness is regarded internationally as one of the most pressing issues facing humanity and one of the greatest social challenges of our times. This has been further amplified as a result of the Covid-19 pandemic. Across the globe, there is an enormous divergence in both experiences of and responses to homelessness from governments and state actors. This handbook examines how different jurisdictions from across all five continents of the world have encountered, framed and responded to homelessness. Written by expert scholars and leaders in their field, the book engages in a multidisciplinary and comparative analysis of homelessness as an issue of acute social concern. Understandings of homelessness are geographically, culturally and historically situated, making analysis of each jurisdiction's approach by a national expert deeply insightful. The collection examines legal and extra-legal policy interventions targeted at reducing or preventing homelessness from across the globe. Drawing on diverse perspectives, differing cultures and welfare regimes, it thus constitutes a timely evaluation of current approaches to homelessness internationally. This book will appeal to students and scholars of homelessness, sociology, social policy, anthropology, and urban sociology, as well as international and national policymakers.

This book offers a comprehensive analysis of economic crimes and market irregularities, including matters of trickery, illicit trade, parallel economy, economies of violence and criminalisation of the poor in neoliberal Africa. It interrogates economic crime as a product of neoliberal reform and transformation (as well as of historical structures). It unpacks crime as a social - and particularly as a political-economic - phenomenon of cap-italism. The book brings together a collection of research articles, briefings and blog posts that were published over a period of nearly 40 years (1986-2023), in the acclaimed journal Review of African Political Economy (ROAPE) and on its website roape.net.

Featuring contributions from leading experts in the field, including a foreword by Yusuf K. Serunkuma and an afterword by Laureen Snider, the volume explores what these eco-nomic crimes have to do with, and can tell us about power, class, accumulation, depend-ency, (under)development, state-business relations and capitalist transformation on the continent. In so doing, it sheds new light on the co-production of these crimes by a range of actors from the realms of economy, politics and international development, including international financial institutions and other donors. It responds to the imperative to advance the analysis of the link between capitalism and crime in Africa as more countries across the continent become fully capitalist societies.

Illustrating the relevance of African cases to debates in and across various disciplines - concerning, for example, corporate and white-collar crimes, state crimes, crimes of the powerful, (il)legality, regulation and social harm - this volume engages with a variety of literature to explain economic crimes as phenomena of global and local capitalism. It provides readers from academia, government, business, media, civil society and education with a striking source of information and analysis.

This book analyses the German constitutional system's responses towards nuclear energy.

Robert Rybski begins with a presentation of energy security as a constitutional value and explores how it connects with nuclear energy. He also examines constitutional standards derived from the German Constitution, which directly regulates nuclear energy issues within the German system of power. The book presents the structure of sources of law that are binding in the area of security of nuclear installations and considers the impact that The European Atomic Energy Community had on the German constitutional system. The final part of the book is devoted to a novel judicial concept of the so-called Restrisiko - a risk that cannot be avoided - which has been developed in the jurisprudence of the Federal Constitutional Court. The essence of this concept is an assumption that as long as the legal framework regulating nuclear energy fulfils conditions formulated in that judgment, then each citizen has to accept risks resulting from the nuclear energy sector.

Covering the entire period of commercial usage of nuclear energy for power generation, this book will be of great interest to students, scholars and energy experts who are active in researching or adopting public policies related to the nuclear energy sector.

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.

This book considers the impact of the COVID-19 pandemic on the realisation of the United Nations' Sustainable Development Goals.

Although efforts towards the attainment of the Sustainable Development Goals are ongoing, the COVID-19 pandemic has had a significant impact on these efforts: accentuating inequities, as well as absorbing resources. This book addresses this impact, as it takes up the question of how to ensure global recovery - in line with the target for the Sustainable Development Goals - after the pandemic. Adopting an interdisciplinary approach, but focusing particularly on the role of law and legal frameworks in this recovery, the book considers the effect of the pandemic on key industries such as shipping, insurance, manufacturing, and banking, as well as on the role of the State and non-State actors. Pursuing an explicitly Global South perspective, the book maintains that in the post-COVID era it is the elaboration a rule of law framework that is in sync with both the Global North and South that is crucial if the Sustainable Development Goals are to be achieved.

This book will be of value to scholars, students and policymakers working in the general area of law and development, but especially those with specific interests in the United Nations' Sustainable Development Goals.

This book explores the adaptating process of the General Agreement on Trade in Services (GATS) to a constantly changing trade and policy context.

The adoption of the General Agreement on Trade in Services (GATS), a multilateral agreement with stand-alone rules and principles for the governance of trade and investment in services, represented a watershedin the history of global trade governance. Over three decades after the drafting of the Agreement, WTO Members struggle to deliver on the GATS' mandate to achieve progressively higher levels of trade liberalisation in a radically different trade and policy landscape. Against this background, this book examines the contribution of the WTO negotiating, adjudicative, and deliberative functions to adapting the GATS to changing circumstances. The book uncovers an extremely flexible and adaptable agreement whose full potential has yet to be realised due to a complex set of factors weighing more broadly on the use of the WTO functions. The book distils the factors at play that constrain WTO Members' capacity to adapt the Agreement to changing circumstances and explores potential pathways to overcome them.

The book will be of interest to scholars, policy makers, and trade diplomats interested in understanding the factors and processes conditioning the adaptation of a multilateral trade agreement to changing trade and policy circumstances.