573882 research outputs found
Sort by
The failures of others ::justifying institutional expansion in comparative public and international law /
No full textArguments from failure - arguments that an institution must expand its powers because another institution is failing in some way 'to do its job' - are commonplace. From structural reform litigation, where courts sometimes assume administrative or legislative functions, to the Uniting for Peace Resolution of the UN General Assembly, to the recent bill quashing British subpostmasters' convictions - such arguments are offered in justification for unorthodox exercises of public power. But in spite of their popularity, we lack a good understanding of these arguments in legal terms. This is partly because failure itself is a highly malleable concept and partly because arguments from failure blur into other more familiar legal doctrines about implied powers or emergencies. We can do better. We should recognize arguments from failure as a distinct concept of public law and understand that contemporary constitutional theory offers us tools to evaluate such arguments in different settings This title is also available as open access on Cambridge Core
Sovereignty disputes and the United Nations Convention on the Law of the Sea ::a public order perspective /
No full textAdjudicators have struggled with one of the persistent puzzles that the UN Convention on the Law of the Sea presents - the limits to dispute settlement jurisdiction in respect of sovereignty disputes. This book argues for an approach that better accords than decided cases so far with the text, judicial method, and public order
Guarding the coast ::a report of the public inquiry on insecurity & its impact on the enjoyment of human rights in the coastal region of Kenya.
No full text
Unexplained wealth and financial crime ::a global perspective /
No full textThis book considers the growing and emerging issue of unexplained wealth and how this issue fits within the larger challenge of financial and economic crime. The collection provides a rich and robust contribution to the dearth of knowledge in this space. Contributions are drawn from legal practitioners, academics, and experts from the Global South, Global North, and the Asia- Pacific region, who share their insights into the methods and approaches that have been utilised to tackle unexplained wealth in their respective countries. Each author provides a comprehensive critique of the current regime in addressing the issue and identifies failings. The volume further considers how unexplained wealth can be recognised as an important category, similar in this respect to fraud, bribery, corruption, and tax evasion amongst others. Establishing the issue of unexplained wealth as an independent area of research, the book will be essential reading for researchers, academics, and policymakers working in the areas of financial and economic crime, banking law, and international corporate governance
Asian comparative constitutional law.
No full textThis is the third in a four-volume set that provides the definitive account of the major issues of comparative constitutional law in Asia. Volume 3 looks at the both the formal and functional aspects of constitutional structure in 18 Asian jurisdictions. It considers formal aspects such as: - legislative-executive relations; - the court system; - constitutional review (including specialist, ordinary judicial review, and non-judicial institutions of constitutional review); - central-local relations and federalism; - the role of the political parties; - the role of the military; and - independent institutions, such as audit, election, and anti-corruption institutions. It also answers questions about functional aspects of constitutional structure including: - How do these structural institutions work in practice? - What are the factors, such as political dynamics, local culture, ethnic diversity, and social structure, influence their operation? The jurisdictions covered are: Bangladesh, China, Hong Kong, Indonesia, Japan, Laos, Macau, Malaysia, Mongolia, Myanmar, North Korea, Pakistan, the Philippines, Singapore, South Korea, Sri Lanka, Taiwan and Thailand
