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Immigration, Citizenship and Insecurity ::An Australian Story /
No full textImmigration, Citizenship and Insecurity: An Australian Story explores how Australia's policies on migration and nationality have shaped citizenship and social inclusion. The book examines the historical and contemporary intersections of citizenship, migration and insecurity, analysing key issues such as the prioritisation of economic utility in migration policy, cultural expectations placed on newcomers and the role of migrants in political debate. It critically assesses Australia's responses to challenges such as demographic ageing, cultural diversity and erosion of political authority. The impact of emergency measures during the COVID-19 pandemic is also explored, revealing the fragility of citizenship protections in times of crisis.This book is an essential resource for scholars, policy-makers and professionals in migration studies, political science and public policy, as well as anyone interested in the evolving dynamics of citizenship and migration in Australia and beyond
CORPORATE ENVIRONMENTAL RESPONSIBILITY AND POLLUTION CONTROL LAWS ::the case of oil spills... in the niger delta.
No full textThis book critically examines the corporate environmental responsibility of major oil companies operating in Nigeria's Niger Delta, focusing on oil spills and comparing regulatory frameworks in Nigeria, the US, the UK, and the EU. It provides a theoretical foundation for holding these companies to the same environmental standards in Nigeria as they adhere to in more advanced jurisdictions.Analysing Shell's oil spill environmental performance data, the book assesses how its operations in Nigeria compare with global performance figures. Additionally, it evaluates Nigerian environmental laws, highlighting deficiencies that may contribute to persistent oil pollution. Furthermore, it explores issues of regulatory capture, corporate environmental crime, and the transnational litigation of Nigerian oil spill cases in the US, the UK, and the EU. The Petroleum Industry Act (PIA) 2021 is comprehensively assessed in the context of corporate environmental governance and oil pollution control.To propose solutions, the book examines legal frameworks for strengthening corporate due diligence and accountability. It advocates for a robust legal regime to address the clean-up liability of pre-existing (stale) oil spills in the Niger Delta, drawing insights from the UK/EU laws on contaminated land, the US Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or the Superfund), and the UK laws on oil infrastructure decommissioning. Additionally, the book introduces a novel failure to prevent oil spill offence in Nigeria, an omission-based liability inspired by the UK Bribery Act 2010 and the UK Criminal Finances Act 2017.This book will be of interest to researchers and practitioners in the field of environmental law, pollution, and land law
Ending wars justly ::theory and applications /
No full text"This volume features original essays on the ethics of ending wars (jus ex bello). It fills a significant gap in just war theory and sets the stage for other thinkers to engage with the topic. What makes questions about jus ex bello especially difficult for ethicists to answer is that the just war tradition has neglected to develop principles for ending wars justly. Until recently, debates have primarily focused on justice in going to war (jus ad bellum), justice in fighting a war (jus in bello), and justice after war (jus post bellum). Additionally, many contemporary conflicts are unconventional and not the kind that the traditional principles of just war theory are designed to address. The chapters in this volume address the question of how and when wars can end justly. Part 1 approaches jus ex bello from different theoretical angles, including just war theory, virtue ethics, pacifism, and feminism. Part 2 discusses specific aspects of recent wars: the U.S. withdrawal from Afghanistan after 20 years of military involvement in the country; and the war that began with the Russian invasion of Ukraine in 2022 and that is so difficult to end despite the escalating human cost. Ending Wars Justly is an essential resource for scholars and advanced students working in just war theory, the ethics of war and peace, international relations, and military and strategic studies"-
Finance law /
No full text"For the student who wishes to understand law as it is practised in a modern financial context, Finance Law offers the only up-to-date university-level textbook which explains legal principles as they are applied in today's advanced financial transactions. Essential for any student or researcher seeking an introduction to this complex and fast-moving world, this text: - is based on the author's extensive teaching experience in finance law - covers the modern form of credit facilities agreements, security, syndication, securities and securitization, derivatives, and payment and clearing systems - is packed with interesting case studies, including the Mozambique Tuna Bond Scandal, the takeover of Manchester Utd plc, and the securitization of student loans - motivates study with theoretical discussions and historical contextualisation - explains key transaction structures, such as investment grade lending to groups, intercreditor agreements, interest rate swaps, and multilateral payment systems - grants insight into key legal principles and structuring applicable to trillion dollar deals across the globe - is written by a structured finance practitioner and academic with extensive post-qualification experience of advising lenders, corporate borrowers and sovereigns on international finance. Designed for final-year undergraduates and LLM students, Finance Law is not only the perfect accompaniment to any finance module, but can support any advanced programme on insolvency law, mergers and acquisitions (M&A), corporate governance, international economic law and more"-
Boardroom behaviour and the law ::corporate governance and risk mitigation /
No full text"This book examines how various areas of law collectively influence the relationship between a company and its directors, particularly in safeguarding the long-term interests of stakeholders. Directors' inappropriate actions can expose a company to significant corporate risks, particularly in relation to regulatory violations, such as breaches of competition law. When directors engage in such misconduct, company law and corporate governance provide certain control mechanisms that allow the company to manage these risks. Additionally, directors can be discouraged from engaging in such behaviour by the threat of being held accountable for violations of competition law. This book evaluates various tools designed to regulate directors' behaviour and ensure accountability, questioning whether the legal frameworks strike the right balance between corporate liability and personal accountability. It argues that these mechanisms do not sufficiently protect the long-term interests of stakeholders, and that shortcomings in the law leave companies vulnerable to directors' misconduct, which cannot be adequately addressed through traditional risk management strategies. This book will be of interest to researchers in the field of corporate law, competition law and corporate governance"-
Constitutional values, identities, and rights ::realisation and protection in codified and uncodified constitutions /
No full text"This book discusses the way in which the constitutions are shaped by, and shape, the values and identities inherent in them and how those values and identities may be realised as fundamental rights and, consequently, protected. It examines the values, identities and rights of the UK constitution - which is highly dynamic and political in nature - and of constitutions more generally. The text comprises three parts. The first examines the continuing, expanding executive dominance of Parliament and the constitution in a changing political and constitutional landscape. The second part looks at the relationship among constitutional values, principles and rights and at the constitutional consequences of the so-called culture wars. The last part considers the degree to which human rights and constitutional fundamentals may be protected by both codified and non-codified constitutions and whether, following Brexit, there is a renewed case that fundamental constitutional values and rights may only be successfully protected in the UK with a codified constitution. The book will be of interest to academics, researchers and policy-makers in the areas of Constitutional Law and Politics, Comparative Law and Public Law"-- Provided by publisher
Translation solutions for legal documents /
No full text"The course book covers the legal translation themes by the types of legal documents. The three parts of the book are devoted to the translation of legislative documents, contracts, and court documentation. This textbook uses a new approach to train students of legal translation that can be used to teach translation from English to any other language. This approach combines legal and linguistic perspectives of the study of legal documents, includes machine translation and AI tools, and corpus methods. The course book instigates a profound understanding of the functions, structure and linguistic characteristics of document types. Examples of translation from English to Italian, German, Ukrainian, Polish, Arabic, Spanish and Chinese with analysis will help students compare different translations and suggest their own translation of the same examples into their target language. An e-resources website provides exercises to develop translation skills within the legal domain, focusing on developing students' research skills, their ability to substantiate the choice of terminology equivalents, identify translator's false friends, cope with the issues of syntax and morphology and apply various translation strategies and techniques. The exercises also include the comparative analysis of post-editing of machine translation and AI-generated translations with their own translations, also plus corpus-based exercises"-
Reinsuring clauses /
No full textReinsuring Clauses provides a comparative English/US law study of the full reinsurance clause (as original and follow the settlements/follow the fortunes) and the related matters
Through the distorted lens ::constructing truth and reality with legal narratives /
No full textThis monograph analyses controversial trial outcomes (both civil and criminal) through a post-structural feminist lens of narrative creation. It considers how narratives are constructed in trials and how the admission or exclusion of evidence can lead to the formation of distorted narratives that produce flawed outcomes.The book discusses contemporary evidential challenges surrounding the societal and legal framing of 'truth' within the Anglo-American trial process. It applies a post-structural feminist approach to examine how facts and rules are interpreted through the construction of legal stories. Chapters are organised to address key themes in high profile cases from around the globe. These include the cases of George Cardinal Pell, Johnny Depp and Amber Heard, Lawyer X, Brittany Higgins and Kathleen Folbigg. This book departs from previous publications, such as those with a traditional feminist perspective, in that it presents both sides of the distorted lens where a defendant is written into a story as both guilty and innocent. Its focus on cognitive and narrative processes provides insight into the role of narratives and evidence construction in the trial process, and how such processes are used by legal advocates.This book would be of interest to scholars of legal psychology, criminology and socio-legal studies. It will also interest scholars and students of Evidence law, especially those studying miscarriages of justice
CUSTOMARY PROPERTY AND THE RULE OF LAW ::informal housing and natural resource conflicts in peru.
No full textInformal housing and natural resource conflicts are common in Latin America. However, academics have rarely linked these social phenomena. This book proposes customary property (an extralegal entitlement founded in the social norms of a given community) as a common lens to analyze, understand, and potentially solve the struggles that are found in informal housing and mining natural resource conflict. This book shows how land titling policies inspired in De Soto's work have failed in taming the expansion of informal housing. Moreover, this book contests the mainstream explanation for social unrest in developing new mining projects which attributes it to the separation of surface and mining rights. Finally, the book proposes that the tension between customary property and lack of law enforcement by the State can progressively corrode the rule of law. This book proposes a nuanced version of land titling for informal housing, and a social license legal proceeding for the development of new mining projects. Ultimately, the book aadvocates for replacing violence between customary holders and the State with peaceful legal proceedings and negotiation tables. This book is directed to any property scholars and students interested in developing countries, social norms over assets, and natural resource conflicts