This book examines the intersection of intellectual property rights and environmental protection through interdisciplinary perspectives. Contributors analyze green IP frameworks, environmental justice issues, and sustainable technology applications across sectors including construction, transportation, and waste management, featuring case studies from Indian contexts, exploring corporate social responsibility, Buddhist ecological principles, and legal mechanisms for environmental protection. It also includes:

• Comprehensive examination of green intellectual property frameworks and environmental protection mechanisms
• Interdisciplinary analysis combining legal perspectives with technological solutions for sustainability
• Case studies from Indian contexts including Sikkim and Assam providing regional insights
• Integration of corporate social responsibility with environmental justice principles
• Practical applications in waste management, construction, and transportation sectors

This title has been co-published with Manakin Press. T&F does not sell or distribute the print editions in Bangladesh, Bhutan, India, Nepal, Pakistan, and Sri lanka.

This book argues that there is an urgent need to reevaluate how international environmental law can enhance the ecological well-being of transboundary rivers.

Through understanding the motivations behind river protection, the book identifies the cultural values associated with rivers and considers how these can be incorporated into international legal frameworks to enhance river protection. The book explores prominent cultural values, including aesthetic, heritage, Indigenous, and spiritual values, and presents ways in which these can be recognized through international water law, the sustainable development principle, and protected areas law. Adopting case studies of transboundary rivers worldwide, the book shows that implementing cultural values through international environmental laws can lead to improved ecological outcomes for the world's transboundary rivers.

This book will be of interest to students and scholars in the fields of environmental law, international water law, international legal theory, and freshwater conservation.

The environmental field and its regulations have evolved significantly since Congress passed the first environmental law in 1970, and the Environmental Law Handbook, published just three years later, has been indispensable to students and professionals ever since. The authors provide clear and accessible explanations, expert legal insight into new and evolving regulations, and reliable compliance and management guidance.

The Environmental Law Handbook continues to provide individuals across the country-professionals, professors, and students-with a comprehensive, up-to-date, and easy-to-read look at the major environmental, health, and safety laws affecting U.S. businesses and organizations. Because it is written by the country's leading environmental law firms, it provides the best, most reliable guidance anywhere.

Both professional environmental managers and students aspiring to careers in environmental management should keep the Environmental Law Handbook within arm's reach for thoughtful answers to regulatory questions such as: How do I ensure compliance with the regulations? How do the latest environmental developments impact my operations? How do we keep our operations efficient and our community safe?

The Handbook begins with chapters on the fundamentals of environmental law and on issues of enforcement and liability. It then dives headfirst into the major laws, examining their history, scope, and requirements with a chapter devoted to each.

The 25th edition of this well-known Handbook has been thoroughly updated, covering major changes to the law and enforcement in the areas of Clean Air, Clean Water, Climate Change, Oil Pollution, and Pollution Prevention. This is an essential reference for environmental students and professionals, and anyone who wants the most up-to-date information available on environmental laws.

Eschewing anthropocentric framings, Radical Natural Law proposes a reconception of natural law that locates it in the critical standpoints of animals and other life forms in the natural world.

Engaging an impressively diverse range of thinkers and intellectual traditions, from conceptions of natural law in ancient Stoic and scholastic writings, to theoretical discussions about natural-world critical subjectivity in modern schools of thought, this book is an original and timely discussion that draws from within the Western philosophical tradition to make a case for the extension of natural law to non-human life.

Josephine Donovan identifies a common premise that she uses as the foundation for radical natural law: the fact that there are in all living organisms both an innate design or dynamic order and a centre of awareness or 'self', who knows what the imperatives of that order are and seeks to satisfy the needs essential to survival as such

Crises abound.

The 'end of history' in the form of the triumph of liberalism has given way to a proliferation of crises internal to liberal, and especially neoliberal democracies: our economies and ecosystems, democracies, social and labour relations, constitutions, cultures, identities, and bodies are subjected to repeated and increasingly severe shocks.

Unsurprisingly, the vocabulary of crisis is ubiquitous. Ours, we are told, is an age of chronic, multiple, and mutually reinforcing cataclysms. But what exactly do we mean when we speak of crisis? Deceptively simple, the term has become a repository for a mass of fears, hopes and assumptions, bound up with the very institutions and techniques of government it so often claims to address. Overused and emptied out, it leads to either indecision and paralysis, or, at the other extreme, its cynical instrumentalization. To counter this, we need a philosophy, specifically a critique, of crisis.

Crisis: A Critique presents crisis as a construction through which we understand, experience and order the world; as a discursive event, producing a range of effects. Drawing on a range of examples (from economic crises to social uprisings, pandemics, genocides, and ecological devastation) and discourses (from ancient medicine to legal theory, political economy, philosophy, the earth sciences, and eco-criticism), this ambitious work of conceptual archaeology and typology engages with a range of authors who have questioned the nature of the connection between crisis and critique. If our time "out of joint" presents a crisis of critique itself, Miguel de Beistegui takes a vital step towards re-calibrating our language and thought for an age of seemingly unrelenting catastrophe.

How do private international law and children's rights law interact-and conflict-in international child abduction cases?

This book examines the relationship between two legal fields when courts decide on cross-border child abduction. While private international law prioritises the child's prompt return and applies the best interests principle in abstracto, children's rights law demands an in concreto, individualised assessment of the child's best interests. These differing approaches can lead to legal friction in practice.

Through a detailed analysis of legal instruments and supranational case law, the book explores how these conflicts arise and how they might be resolved. Using the theoretical lens of international law's diversification and expansion, it identifies nine conflict-management tools, grouped into four categories: coordination, hierarchy, priority, and harmony. It argues that two of these tools offer promising solutions.

The book evaluates 839 cases from the CJEU, ECtHR, the UN Committee on the Rights of the Child, and national courts in Belgium, England & Wales, Ireland, the Netherlands, and Switzerland. This empirical study assesses how effectively the proposed tools address conflicts between the two legal fields.

Offering clear recommendations for lawmakers, international organisations, and courts, the book provides a roadmap for fostering constructive relationships between legal fields. It is an essential resource for scholars of private international law, judges and practitioners in cross-border family law, and policymakers working at the intersection of international law and children's rights.

This open access book provides a comprehensive exploration of the EU's role, as a regional international organisation, in the protection of human rights within national legal orders.

Emphasising the distinctive features of this contribution, it brings clarity for both EU and non-EU lawyers, particularly scholars of public and human rights law. By taking a cross-cutting approach-examining the capacity, nature, and adjudication of EU Fundamental Rights Law-it expertly navigates the intricacies of this system. Moreover, it advocates for a political turn in EU Fundamental Rights Law-one that enables European society to meaningfully engage with the deeper issues underpinning this legal framework.

This is an invaluable tool for scholars and practitioners in the fields of European law, public law, human rights, and International law.

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 KU Leuven.

What was behind a legal life lived in the spotlight? In this extended conversation between Professor Adam Lazowski and Dame Eleanor Sharpston KC, one of the most important European lawyers of her generation, two friends lift the curtain on what was happening backstage.

Over nine chapters, they discuss Eleanor's early life, her university years, and her parallel career at the Bar and in academe. They move on to consider her leading cases in the English courts, which included Brown and Others (Operation Spanner) and the Metric Martyr, before laying out a thoughtful insider's assessment of her time on the Bench at the Court of Justice of the European Union in Luxembourg. The closing chapter of the book is dedicated to current events, including the rule of law crisis and the future of European integration. A candid, illuminating and often amusing discussion with a transformative European lawyer.

This engaging book provides a clear and comprehensive account of the legal system of Northern Ireland.

For many years it has been a go-to source for students and practitioners of law, yet is also accessible to readers with no prior legal knowledge.

The book begins by explaining how Northern Ireland became a separate legal jurisdiction, what its current constitutional arrangements are, how its legislation is made and what kind of courts and judges it has. It then looks at when international law is of importance in Northern Ireland, explaining the role of documents such as the Windsor Framework and the European Convention on Human Rights.

There follow chapters on laws applying to public bodies, on institutions involved in criminal justice and on rules governing criminal trials. A chapter on 'private law' summarises numerous important fields such as consumer law, employment law, succession law and family law. The book concludes with explanations of how civil cases are processed through Northern Ireland's courts and of the role of lawyers and legal aid schemes.

The appendices set out sample sources of law for illustrative purposes.

This new edition, now co-authored, has been thoroughly updated with a view to making it even more informative and relevant to readers' needs. It is a 'must have' for anyone wanting to come to grips with the detailed features of a jurisdiction which has long been the subject of political contention and which is constantly developing.

This book presents a unique study of the field of comparative law examining the key differences between schools and approaches and examining their contradictions.

Comparative law is depicted in this book as a field of contrarians, jurists who tend to oppose or reject prevailing opinions or established practices. Contrarianism has made it exceedingly difficult to find one's way in the field where there are drastically varying views on the basic issues.

The book guides readers through divisive debates and disagreements and helps to draw useful conclusions. Instead of lamenting comparative law's feeble place in the legal academia or fantasising about the supposed great future of a unified discipline, the book highlights the collisions and tracks their influence on the field. By focusing on tensions underlying the field, this book encourages readers to think critically while studying law comparatively.

This book investigates the availability in Asian jurisdictions of civil remedies against multinational businesses for human rights abuses.

Various means have been developed in Europe and elsewhere to hold businesses accountable to victims for human rights abuses. Techniques include legislating due diligence requirements for companies operating abroad, broadening court jurisdiction to include foreign companies having subsidiaries within a country, expanding international jurisdiction, promoting universal jurisdiction, and implementing international conventions and sanctions.

On the 15th anniversary of the 2011 UN Guiding Principles on Business and Human Rights, the book assesses whether the norms of the UN Guiding Principles have taken root in Asia, which has only had a mixed record for upholding human rights. The book first considers the international state of play in the field. It moves on to case studies of corporate governance and human rights in Asia (especially Japan, South Korea, India, Thailand and the Philippines). It then examines emerging issues (environmental damage and climate change, crimes against humanity, and compliance programs and corporate criminal responsibility), and considers how Asia has dealt and can deal with corporate responsibility in connection with those matters. By way of conclusion, the book offers an action plan for implementing the UN Guiding Principles in Asia.

This open access book offers an in-depth understanding of the challenges, dilemmas and strategies of reinstating the rule of law after the dismantling of a constitutional order.

Drawing on the case of Poland's democratic transition back to the rule of law, the volume explores the uncharted territory of restoring independent institutions within an EU Member State.

After eight years of autocratic interference with the judiciary, media and state institutions, the Parliamentary elections of October 2023 mark a turning point for Poland. The new government now faces the complex challenge of restoring the rule of law, with European and international law playing a pivotal role. Still, at numerous crossroads a dilemma comes up: Can the rule of law be disregarded to restore it? Or must the rule of law be adhered to at the risk of legal and institutional paralysis? This book presents strategies for solving this dilemma in theory and practice, thereby paving the way for other states' transitions to come.

Through a comparative and interdisciplinary approach, including historical and contextual analysis, the authors show that restoring the rule of law is more than just a legal challenge. This volume equips academics and policymakers with conceptual tools and practical guidance to address the pressing issue of reinstating the rule of law, both in Poland and beyond.

The ebook editions of this book are available open access under a CC BY-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the University of Freiburg.

A timely new interpretation of Nietzsche's politics which reconciles the apparent contradictions in Nietzsche's texts by defining his politics as "ethical libertarianism."

Nietzsche's politics has been the subject of much debate, with the existing scholarship largely divided between aristocratic and anti-democratic readings on the one hand, and democratic readings on the other. This book takes its place in the emerging trend of trying to find a "third way" by arguing that Nietzsche's philosophy implies a form of libertarianism. This interpretation emphasizes individual self-transformation and the need to organize society in a way which best facilitates this for its members. While libertarianism is closest to Nietzsche's requirements, it needs to be reformulated to be made fully consistent with his philosophy. This requires a rejection of any grounding of the natural rights of the individual, presumed to be equal for all, in a metaphysical conception of the self. A Nietzschean "ethical libertarianism" would be based on protecting equal access of individuals to conditions which promote self-cultivation. It is thus democratic, but also meritocratic, as rights will be seen to accrue on the basis of individual development.

This book explores the legal, political, and practical challenges that governments face when investigating local crimes involving digital evidence held by global cloud service providers.

Criminal investigations increasingly require access to data held across borders. This gives rise to unique jurisdictional competitions and conflicts of law, as even exclusively domestic criminal investigations necessitate international cooperation when the relevant user data is stored abroad.

Traditional systems of cross-border legal cooperation were designed for the pre-internet era and are ill-suited to address these challenges. This has led to extensive calls for reform and the proliferation of new policy initiatives at national, regional, and international levels.

The book maps these emerging policy responses to cross-border data access problems and examines the extent to which they are fit for purpose. It then provides a framework to reconcile the practical necessities of law enforcement seeking digital evidence stored overseas with the territorial sovereignty of the countries hosting that data, the fundamental rights of individuals whose personal data is being sought, and the interests of technology companies whose cooperation is required.

It is an essential guide to understanding the different rules, safeguards and procedures that govern law enforcement access to data held by multinational technology companies, and key to future policy development and legal reform.

What does it take for someone-or something-to count as a legal person? Is it a matter of biology, ideology, or both?

This book explores how societies determine who or what qualifies as a legal person, from individual humans to corporations, from nation-states to environmental entities.

The author argues that legal personhood is not grounded in fixed, mind-independent properties or logical entailments. Instead, it develops from how humans experience their physical and cultural worlds through embodied cognition. Mapping these experiences onto seemingly discrete (legal) concepts yields a categorisation process that is creative yet patterned by culturally entrenched models and institutional aims.

The book introduces the "radial conception," which posits that legal personhood is a flexible, context-dependent category centred around a core case. The core case - often, in many legal systems, the adult citizen of sound mind - is a mental model that helps define the category and influences how we think about it. This makes the most typical features of a category the default ones we think of when encountering it. As new situations arise or social needs evolve, legal personhood expands outward from the core case to include a diverse range of entities. However, this expansion does not follow rigid rules; rather, it relies on conceptual mappings that derive much of their persuasive power from cognitive tools like metaphors, metonymies, and image schemas.

Of interest to students engaged in legal philosophy, academics exploring the interplay between cognitive science and law, practitioners aiming to deepen their knowledge of legal personhood, or anyone intrigued by the merging of legal concepts and psychological insights, this book charts new territory in understanding law's persons.

This book considers what kind of binding force judicial decisions (should) hold in modern societies.

It focuses on the two most prominent legal traditions, common law and civil law. It explores the developing trend in civil law countries to expand the influence of judicial precedents, discusses the fundamental issues which arise from this trend, and looks at recent developments in common law countries.

Through this prism, the book looks at the implications of the doctrine of judicial precedents and how it is construed in jurisdictions that recognise it. It investigates the impact of newly recognised legislative or quasi-legislative powers vested in high courts on the doctrine of separation of powers. It considers whether courts in common law and civil law systems share a uniform understanding of precedents.

The book goes on to consider whether these developments are beneficial when it comes to addressing existing challenges or whether they lead to a host of new problems, potentially exacerbating the crisis of judicial legitimacy.

In relation to the hierarchical nature of civil law justice systems, it asks whether binding rulings from higher courts pose a potential threat to substantive judicial independence, limiting the open and pluralistic dialogue between lower and higher courts. It then goes on to reflect whether binding opinions from the highest judicial instances encroach upon the prerogatives of legislative bodies, resulting in the creation of suboptimal laws.