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Confluences of law and history : Irish Legal History Society discourses and other papers, 2011-21.
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Essai sur le rôle politique du Tiers Etat dans les pays de Quercy et de Rouergue, XIIIe-XVe siècle : consulats et relations consulaires.
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Making amends for historic wrongs ::reparative justice and the problem of the past /
No full textOnce considered implausible, the demand to make amends for old wrongs has become a pressing contemporary problem. Legal expert Professor Mayo Moran utilizes landmark cases to demonstrate how innovative private law claims have begun to employ reparative justice to frame claims to redress grievous historical wrongs, tracing the evolution from early Holocaust litigation and transitional justice to contemporary claims involving colonial violence, slavery, and institutional abuse. Drawing on ground-breaking cases involving looted art, institutional child abuse, and involuntary sterilization, the book highlights the shifting understanding of the past. It examines the pivotal role of private law in the effort to rectify historical injustices. Post-Holocaust legal developments, the rise of transitional justice, and the strategic use of domestic civil law by human rights advocates helped to shape these novel redress claims
Adjudicating over anarchy ::judicial remedies, compliance, and enforcement in international law /
No full text"Geraldo Vidigal thoroughly examines the judicial powers of international courts and tribunals and how these powers are used in practice. Without access to state-backed enforcement measures, international adjudicators must rely on their authority to influence real-world outcomes. The book reviews, and offers a comprehensive theory for, the various social mechanisms that explain why and how international judicial pronouncements affect the behaviour of states, influencing the views of individuals within states as well as changing states' mutual expectations of cooperative and sanction-worthy behaviour. The book considers how judicial remedies can induce compliance by targeting specific areas of disagreement, interpreting obligations, declaring violations, and establishing how wrongdoer states must offset unlawful injury. An often untapped type of remedy relies on the ability of courts to determine permissible responses to breach: what measures other actors may take to respond to violations, compelling wrongdoers to comply with their obligations and provide redress for injury."-
UNCITRAL Model Laws on Digital Trade ::Electronic Transferable Records, Digital Identity and Trust Services /
No full textThis book provides a detailed analysis of two UNCITRAL texts: the Model Law on Electronic Transferable Records (MLETR) and the Model Law on the Use and Cross-border Recognition of Identity Management and Trust Services (MLIT). The MLETR is the legal tool that enables the use of trade documents such as bills of lading and promissory notes in electronic form. The book discusses core MLETR provisions such as those on scope of application, functional equivalence, and reliability standards. It illustrates national variations in enactment techniques and substantive content, including in France, Singapore, and the United Kingdom. The MLIT provides the legal framework to manage identity management and trust services, including electronic signatures. The book explains the different approaches to giving legal recognition and effect to identity management and trust services, both domestically and across borders. It discusses the legal framework to accommodate functions and needs of identity management, describes trust services against the background of pre-existing UNCITRAL texts, and takes into account the revised EU eIDAS Regulation. Providing an article-by-article commentary as well as an overview of implementation trends, the book is a fundamental resource for commercial, maritime and banking lawyers, digital economy policymakers, legislative drafters, supply chain management and paperless trade specialists, and for anyone interested in understanding the legal aspects of the transition from documents to data in trade
Altruism and the criminal law ::duties of rescue and tolence /
No full text"This book explores the foundations of the principle of altruism and its relationship to the criminal law, examining the contrasting justifications for the duty of easy rescue and the duty of tolerance, both of which are based on altruism. Since the days of Lord Macaulay and James FitzJames Stephen, it has been said that English law does not usually punish omissions, and that altruistic duties are incompatible with the spirit of the common law. This book aims to show that this is not an accurate description of English criminal law, and that there is a strong case to be made for the opposite understanding, based on principles advanced by authors such as Adam Smith, Jeremy Bentham, John Stuart Mill and others. By analysing the duty of easy rescue - which imposes on individuals a duty to take steps to rescue a person in danger if this can be done without risk to the rescuer, or at least a duty to call the emergency services - and by comparing it with the well-known duties arising in cases of extreme necessity, it can be shown that altruism has plenty to say in different parts of the criminal law. Having established the case for criminalising the failure to provide a simple rescue, a detailed analysis is made of the form that this criminalisation should take, bearing in mind the basic principles of English law and considering the strengths and weaknesses of the duty of easy rescue as it is formulated in various continental systems, including the German, French, Spanish and Italian criminal codes"-
Delisting of stock corporations in Europe and beyond ::rationales, forms, and perspectives /
No full textThis book examines delisting -- and the difficult questions it raises around investor protection -- from the perspectives of the company, shareholders, trading venues, and supervisory authorities. Delisting is analysed with a view to finding common ground in the EU, and exploring whether delisting should be part of the EU project of a Capital Markets Union. In order to answer the question of harmonisation at the European level, the book also considers approaches in jurisdictions outside Europe. In particular, the book looks at the legal situation in Australia, Hong Kong, India, South America, and the USA. Offering a comprehensive and authoritative discussion of the major questions for listed companies who want to go private, the book will be of great interest to academics, lawmakers, supervisors, lawyers and judges
Law, justice, society.
No full textWidely regarded as one of the most eminent legal thinkers of his time, Upendra Baxi is a leading scholar on matters relating to human rights, legal and social theory, and comparative constitutional law and theory. A set of four volumes, 'Law, Justice, Society: Selected Works of Upendra Baxi' documents and critically engages with his thoughts and writings over four decades. The volumes are a collection of Baxi's essays and lectures centred on the major themes of his writings: human rights, constitutionalism, law and society, and legal education. The fourth volume, edited by Amita Dhanda, shows how Baxi's writings reflect his vision of studying law in context and training students as soldiers of constitutional justice