法　学 — 全 下位分類

This open access book explores Asian approaches towards investment arbitration-a transnational procedure to resolve disputes between a foreign investor and a host state-setting it in the wider political economy and within domestic law contexts. It considers the extent to which significant states in Asia are, or could become, "rule makers" rather than "rule takers" regarding corruption and serious illegality in investor-state arbitration. Corruption and illegality in international investment are widely condemned in any society, but there remains a lack of consensus on the consequences, especially in investment arbitration. A core issue addressed is whether a foreign investor violating a host state's law should be awarded protection of its investment, as per its contract with the host state and/or the applicable investment or trade agreement between the home state and the host state. Some suggest such protection would be unnecessary as the investor committed a crime in the host state, while others attempt to establish an equilibrium between the investor and the host state. Others claim to protect investment, invoking the sanctity of promises made. The book starts with a deep dive into economic and legal issues in corruption and investment arbitration and then explores the situation and issues in major countries in the region in detail. It is a useful reference point for lawyers, economists, investors, and government officials who are seeking comprehensive and up-to-date information on anti-bribery rules in Asian investment treaties. It is of particular interest to students and researchers in economics, finance, and law, who are undertaking new research relating to the multifaceted impacts of corruption.

This book provides a comprehensive analysis of the empirical and theoretical problems posed by the encounter between law and biology in the twenty-first century. How does biotechnology and new bioscientific knowledge affect our legal institutions, our sense of justice, and our ways of relating to one another? To answer these questions, authors Marc de Leeuw and Sonja van Wichelen examine the complex and often contested ways in which biotechnology and biological knowledge are reworked by, with, and against legal knowledge. As this book shows, recent developments in the life sciences-including molecular biology, immunology, and the neurosciences-and their applications in forensics, medicine, and agriculture test longstanding legal forms, such as property, personhood, parenthood, and (collective) identity, ultimately constituting the current field of "biolegality." The authors argue that these biolegal contestations represent philosophical and anthropological challenges to existing understandings of exchange, self, kinship, and community. By addressing how biology and law inform new ways of relating and knowing, the book proposes a programmatic intervention, asserting the pivotal role the study of biolegality plays in advancing social and political theory.

This book deals with the role, development, and legacy of the first Constitution of independent Ireland within the wider context of the establishment of the State. After decades of relative neglect, the 1920s have been receiving increased attention from historians recently thanks to the centenary of the State's foundation. This book continues this trend of re-examination of this period and looks at key themes, such as the establishment of institutions under the Irish Free State Constitution and the focus on the ideals of popular sovereignty and democracy. It does so from novel and cross-disciplinary perspectives, and it also looks at areas which have received little to no previous attention; from individual aspects like property rights, the Irish language and environmental rights to aspects such as opposition and partition.

The sometimes complex and controversial relation between the fundamental rights of the European Union, as enshrined in the EU Charter of Fundamental Rights (CFR), and national fundamental rights in the context of constitutional review is reflected in a series of landmark decisions in the multilateral cooperation of European courts, which have reshaped the fundamental rights architecture in the multilevel system in recent decades. This book aims to contribute to a systematic and comprehensive analysis of the EU and constitutional law issues involved, thus serving as a reference point for scholars and practitioners dealing with this emerging topic in depth. Following this approach, it sheds light on the broader Union legal context of these developments, examines the role of the CFR for Constitutional Courts, the relationship between constitutional and ordinary courts, and assesses the key decisions concerning the application of the CFR as a standard of constitutional review. It also draws some initial conclusions on the development of the European fundamental rights architecture, its prospects and possible implications for the Union's legal order.

The book contains several contributions by European legal experts from academia and the judiciary, who examine the different methods of constitutional application of the CFR from a comparative law perspective. These contributions deal with the following aspects: first, the role of the CFR for the respective Constitutional Court with regard to the application of EU law as well as national law falling within the scope of the CFR; second, the relationship between the respective Constitutional Court and the ordinary courts with regard to the application of the CFR; third, the relevant facts and legal reasoning of the most important Constitutional Court decisions on the application of the CFR as a relevant standard of constitutional review; fourth, the relevant case law of the CJEU on the relationship between Union and national fundamental rights, as well as its broader implications for the multilateral cooperation of European courts.

The individual chapters examine, inter alia, the following decisions: Verfassungsgerichtshof (Austria), March 14, 2012, U 466/11 et al.; Corte Constituzionale (Italy), January 23, 2019, Sentenza 20/2019; Bundesverfassungsgericht (Germany), November 6, 2019, 1 BvR 276/17; Tribunal Constitucional (Portugal), June 3, 2022, Acordao 268/2022; Tribunal Constitucional (Spain), June 29, 2022, Sentencia Decision 89/2022.

Under a pretext of humanitarian response to people seeking asylum, nation states are increasingly introducing barriers to prevent entry for those seeking safety and security. Documenting the systemic politicisation of the right to seek asylum in Australia, a process that has been hailed as a model for other parts of the world, Deter, Detain, Dehumanise examines how the right to seek asylum has become a political tool of deterrence, detention and dehumanisation.

Bringing together leading academics across criminology, geography, law, political science, social work and sociology, this edited collection provides an understanding and critical assessment of Australian government policy as a series of systems, structures and operations that seek to normalise the detention and deterrence of those seeking asylum, explicitly defying Australia's international human rights obligations. Complemented by shorter, creative writings by refugees with lived experience of detainment at Australia's behest, chapters pursue an overtly political and innovative conceptual approach to the politicisation of seeking asylum, offering new insights into its structural framings.

Taken together, this body of work examines how Australia has politicised the right to seek asylum, to the detriment of asylum seekers and refugees as well as Australian citizens, and tentatively offers hope on how we might seek to normalise, legitimise and re-humanise the processes.

Music can act as a powerful means of communication. Chronicling the first application of music elicitation in the Balkans, Music, Mattering, and Criminalized Young Men delves into its use as a social research method, pedagogical tool, and youth work intervention.

Grounded in feminist principles, Jade Levell's analysis provides a deep exploration and articulation of this method as a compelling narrative device which empowers participants, in this case men in prison and on probation in Albania, throughout the research process. Framing music elicitation and creation as professional listening tools, Levell develops the theory of 'sonic mattering' to explore the role music plays in the lives of young people as they seek to establish their place in the world. Situating music elicitation as a method of the upmost importance, chapters demonstrate its potential to disrupt traditional power imbalances by positioning the participant as expert. Drawing on a context of international development, Levell demonstrates music elicitation's effectiveness in boosting participant engagement, building trust over a short period of time, and encouraging participants to share stories of their marginalization.

A cutting-edge study grounded in a new feminist arts-based research and intervention tool, Music, Mattering, and Criminalized Young Men propounds an effective new methodology for social research and fundamental human engagement.

This series has been renamed to "Emerald Studies in Culture, Crime, Criminal Justice and the Arts" effective for 2025 publications onward.

Interest in true crime as a form of popular entertainment has sky-rocketed in recent years. Drawing on this current popularity and its significance in the context of digital culture, Gender, True Crime and Criminology challenges traditional definitions of the genre, expanding representations of victimhood and how we understand true crime audiences in gendered terms.

Tackling male consumption of true crime and exploring texts which might appeal to men as consumers, Louise Wattis reveals a new opportunity to analyse representations of masculinity, class and violence, as well as how male audiences engage with cultural portrayals of these violent subjects. Embracing the breadth of the true crime genre, including features such as online engagement, sexual violence and the figure of the murdered woman, chapters critically analyse themes of gender, masculinity, race and class, as well as their representations in victim/survivor-centred documentaries. Situating wider debates within the renewed mainstream focus on violence against women, chapters also raise timely questions around ethics and the nature of victim visibility.

Recognising the value of popular criminology as an academic resource, this is a much-needed text for advancing contemporaneous debates around the importance and diversity of true crime.