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Prolonged occupation through law ::architecture of provisionality in Okinawa /
No full textThis book examines the body of law relating to occupation and analogous forms of territorial control, including the issues surrounding various types of military occupation and the domination of territory and people abroad. It achieves this through a comprehensive analysis of the legal basis of the U.S. prolonged occupation of Okinawa.The book begins with a discussion of the legal frameworks under international and U.S. law relating to the occupation and other forms of administration of foreign territory. It then examines the drafting process of various "constitutional" orders issued by the U.S. military for Okinawa during and after World War II. Covering the entire period of the U.S. administration, the book captures the formation of highly contested legal arguments for external governance during the transitional years of 1949-1957, as well as the institutional reforms under the Kennedy administration in the 1960s. The analysis of legal developments contextualizes the Okinawa issue in the current legal discourse on foreign occupation, self-determination, and postcolonialism. The theoretical implications of residual sovereignty and its effect on the relationship between the Japanese government and the people of Okinawa in the modern day are also discussed.Examining the factors that facilitated the U.S. military rule of Okinawa within the context of international law development, this book will interest scholars of international law, international relations, postcolonial studies, and Asian studies
ECOLOGICAL SUSTAINABILITY AND THE LAW ::the european green deal and the new frontiers of sustainability.
No full textThis book explores the emergence of ecological sustainability as a new EU policy and legal objective, distinct and autonomous from sustainable development. It argues that sustainability can no longer be conflated into sustainable development only, but should rather be represented as a plural construction, in which ecological sustainability coexists next to sustainable development. While the latter orientates most of the regulatory measures stemming from the Green Deal, the former is playing an increasingly relevant role in a number of legislative initiatives. The volume considers whether and how the EU legislator is exploiting the new opportunities brought forth by the redefinition of sustainability. To do so, a thematic approach is adopted and the inquiry is organized in five different parts, each devoted to one specific transition triggered by the European Green Deal. Navigating the dynamics of the many transitions occurring in the horizon of European climate neutrality, key chapters shed light on the EU regulatory schemes through which ecological sustainability is in the process of being operationalized and critically discuss their points of strength, weaknesses and underlying tensions. In doing so, they provide an overview of the legal changes occurring in areas of topical interest such as agri-food, energy, digitalization, corporate governance and intellectual property, as well as a number of insights on the relevance of ecological sustainability for the internal dynamism of the European Green Deal. This extensive and innovative appraisal of the field will prove a stimulating read for academics, researchers and advanced students interested in the new ecological law stemming from the Green Deal, the changing features of sustainability and the relevance of the Green Deal as a regulatory project.This book explores the emergence of ecological sustainability as a new EU policy and legal objective, distinct and autonomous from sustainable development. It provides an overview of the legal changes occurring in topical areas such as agri-food, energy, digitalization, corporate governance and intellectual property
EU law and military industries ::sovereignty and strategic autonomy in military procurement /
No full text"This book addresses how the EU can promote European strategic autonomy to overcome contemporary military challenges while respecting the sovereignty of its Member States. At a time of rising military expenditure and growing European military cooperation, the application of EU law to military procurement and EU defence spending are at the heart of debates on European integration. Shortages in equipment and dependency on US military industries in the context of Russia's invasion of Ukraine have highlighted the need for European strategic autonomy. The book considers both the regulation of military procurement and the increasing amount of EU funding instruments for military industries. Providing a comprehensive overview of the EU's involvement, the book critically evaluates the compatibility of this involvement with the geopolitical- and constitutional context in which they exist. Concluding with innovative recommendations for future-proof regulation of military procurement and the embedding of EU funding therein, the book will provide practical guidance to promote the evolution of European integration while preserving its constitutional foundations and values. The book will be of interest to researchers in the field of EU law and politics, military industries and public procurement law"-- Provided by publisher
A historical introduction to Indian contract law /
No full textThis book offers a genealogy of the core concepts of Indian contract law, tracing their trajectory from the nineteenth century soil of English jurisprudence in which they germinated, to their transplantation into the Indian Contract Act 1872, and the interpretation of the provisions containing these concepts by Indian courts and influential treatise-writers, over the last one hundred and fifty years.The concepts studied by the book are: i) formation; ii) consideration; iii) privity; iv) capacity; v) consent; vi) frustration; vii) damages viii) stipulated sums; and ix) unjustified enrichment. With respect to each of these concepts, the book seeks to provide an account of the state of the English law at the eve of the drafting of the Act, with a particular emphasis on the impact the civil law had on the concept and a close study of the legislative history of the provisions of the Act codifying the concept, with a view to uncovering what the drafters had originally envisaged.Based on extensive doctrinal and archival research, the book offers: a historical background to the drafting of the Indian Contract Act and the codification process a jurisprudential exploration of the limitations of common law codification gleaned from the working of the Act the draft of the contract code accompanying the report of the Indian Law Commissioners in 1866, which is essential to understand the intention of the drafters of the Act historical insights which hold the key to illuminating contemporary contract law problems of the kind courts routinely grapple wit
The supreme national tribunal and international criminal law ::Polish perspectives on prosecuting war criminals /
No full textThis book examines the establishment, operation, and legacy of Poland's special post-war court created to prosecute leading German war criminals. Between 1946 and 1948, it conducted seven seminal landmark trials involving 49 defendants, including notorious figures such as Arthur Greiser, Amon Goeth, Rudolf Hoess, and members of the Auschwitz staff. The Tribunal aimed to foreground the Polish experience within the international discourse on post-war justice, offering a judicial account of the suffering endured under Nazi occupation. Simultaneously, it illuminated the singularity of the Jewish tragedy, with some proceedings arguably constituting the earliest Holocaust trials. This monograph situates the Tribunal within the broader context of international criminal justice, with the Nuremberg Trial as its central reference point. Interwoven at multiple levels, these proceedings reflect a complex tapestry of legal responses to mass atrocity. Despite operating under the growing pressures of Stalinisation, the Tribunal retained a notable degree of independence and upheld elements of fair trial standards - rooted in the legal traditions of interwar Poland. Its jurisprudence may be considered an early contribution to the evolution of international criminal law, offering a distinct national perspective on international crimes within the wider legal and historical framework. The book will be an invaluable resource for academics and researchers working in the areas of Legal History, International and Criminal Law, History, Genocide Studies and Holocaust Research, International Relations, Criminology and Criminal Justice, War Crimes Trials, and Slavic and Eastern European Studies
Transforming lives behind bars ::forensic CBT and systemic reform in Indian prisons /
No full textThis volume emerges from the author's extensive professional journey spanning over two decades, drawing from her work in behavioural sciences, training, and applied psychology. Rooted in research and fieldwork within Indian correctional institutions, it brings together internationally validated psychological assessments adapted for forensic populations, biopsychosocial evaluations, and qualitative and quantitative methodologies. It offers a compelling fusion of narrative case studies and evidence-based forensic psychology, bridging scientific inquiry with real-world complexity, moving beyond traditional academic boundaries. Drawing on global frameworks such as Forensic Cognitive Behavioural Therapy (CBT) and therapeutic jurisprudence, the book highlights the Samarth: Breaking Barriers initiative launched at Ahmedabad Central Jail and then extended in other central prisons of Gujarat, as an applied model tailored to the Indian correctional context. The initiative ethically adapts international best practices to align with institutional realities and cultural dynamics, making it a potential reference point for similarly under-resourced or high-need environments.Aimed at policymakers, forensic psychologists, criminologists, penologists, mental health professionals, and those working in correctional administration and criminal justice reform, the volume illustrates the potential of structured, ethical, and culturally responsive rehabilitation. It will also be a valuable resource for students, researchers, and practitioners across psychology, psychiatry, penology, correctional administration, social welfare, and correctional mental health
Corporate short-term financing in Europe ::the role of trade credit and bank loans in liquidity management /
No full textCorporate Short-Term Financing in Europe offers a thorough analysis of how European companies manage liquidity, with a particular focus on trade credit and bank credit as key instruments. Drawing on rich cross-country data, this book examines the relationship between trade credit and short-term bank loans, analysing when firms substitute one for the other or use them together to optimise cash flow. With Europe's financial systems ranging from bank-based systems to market-driven economies, this study uncovers how firm size, industry, and national context shape short-term financing strategies. The book also addresses how financial crises and regulatory shifts affect corporate short-term funding decisions. Combining theoretical frameworks with empirical evidence, the book provides fresh insights for academics, policymakers, financial managers and business leaders concerned with corporate liquidity, SME support and financial resilience, and practitioners involved in credit risk assessment and working capital management. Essential reading for anyone managing short-term corporate finance in today's fast-changing environment
Legal resistance under authoritarianism ::the struggle for the rule of law in Hong Kong /
No full textLegal Resistance Under Authoritarianism: The Struggle for the Rule of Law in Hong Kong examines the decline of Hong Kong's rule of law under China's expanding authoritarian influence. While the imposition of the National Security Law in 2020 is seen as a turning point, this book argues that threats to Hong Kong's rule of law began with the 1997 sovereignty transfer. Drawing on comprehensive fieldwork, Yan-ho Lai explores the tensions between legal profession, political authorities and the state's broader authoritarian project between the 2014 Umbrella Movement and the 2019 Anti-extradition Bill Movement. Highlighting resistance strategies employed by a critical minority of legal professionals, Lai reveals how their efforts played a crucial role in countering state encroachment. A compelling study of legal transplantation, legal resistance and the rule of law, this book sheds light on China's influence beyond its jurisdiction, and Hong Kong's uniqueness in global anti-authoritarian struggles
EDUCATING FORMER OFFENDERS IN A POST-INCARCERATION TEACHING AND LEARNING CONTEXT ::a novel... framework for rehabilitation through community edu.
No full textThis unique and insightful volume presents the findings of a four-year investigation into the learning experiences of former offenders and outlines a novel framework for guiding those affected by the judicial system towards pathways of hope and possibility through community education initiatives.Following a four-year investigation documenting former offenders' learning experiences, the book examines subculture research, transformative learning paradigms, and desistance literature to support a more considered, collaborative, and applied approach to educating former offenders in a post-community context, building personal self-worth and positive societal change through community collaboration. Rooted in an autoethnographic methodology combined with first-hand experience and collaboration between the author and former offenders, the book explores the personal, wider social and political factors that influenced the research subjects' pathways towards crime and substance misuse. The book ultimately suggests alternative approaches to working with, and educating, non-traditional students in a post-release teaching and learning context.Contributing to research into how best to support community reintegration, rehabilitation, and desistance through education, the book will be of interest to researchers, scholars, and postgraduate students involved with post-incarceration education, sociology of education, and non-formal education more broadly. Community Psychiatry and Rehabilitation scholars may also find the work of interest
Research methods in law /
No full text"Explaining in clear terms some of the main methodological approaches to legal research, Research Methods in Law is written by specialists in their fields, researching in a variety of jurisdictions. Covering a range of topics, including feminist approaches, economic analysis of the law and socio-legal studies, each contributor addresses the topic of 'lay decision makers in the legal system' from their particular methodological perspective. This focus on one main topic allows the reader to draw comparisons between methods with relative ease. This third edition has been fully updated, and includes bullet point summaries at the start of each chapter. There are also two new chapters covering biographical approaches and creative approaches. The broad range of contributors makes Research Methods in Law well suited to an international audience, and it is ideal reading for PhD students in law, undergraduate dissertation students in law, LL.M Research students and early year researchers"-