Explore the vast range of titles available.

\"This book brings together contributions from academics and practitioners to explore the implications of legal pluralism for legal development\"-- Provided by publisher.

Previous efforts at legal development have focused almost exclusively on state legal systems, many of which have shown little improvement over time. Recently, organizations engaged in legal development activities have begun to pay greater attention to the implications of local, informal, indigenous, religious and village courts or tribunals, which often are more efficacious than state legal institutions, especially in rural communities. Legal pluralism is the term applied to these situations because these institutions exist alongside official state legal systems, usually in a complex or uncertain relationship. Although academics, especially legal anthropologists and sociologists, have discussed legal pluralism for decades, their work has not been consulted in the development context. This book brings together, in a single volume, contributions from academics and practitioners to explore the implications of legal pluralism for legal development.

\"This book brings together contributions from academics and practitioners to explore the implications of legal pluralism for legal development\"--

This Article considers a puzzle about how different kinds of law came to be distributed around the world. The legal systems of some European colonies largely reflected the laws of the colonizer. Other colonies exhibited a greater degree of legal pluralism, in which the state administered a mix of different legal systems. Conventional explanations for this variation look to the extent of European settlement: where colonizers settled in large numbers, they chose to bring their own laws; otherwise, they preferred to retain preexisting ones. This Article challenges that assumption by offering a new account of how and why the British Empire selectively transplanted English law to the colonies it acquired during the eighteenth century. The extent to which each colony received English law depended on a political decision about what kind of colony policymakers wanted to create. Eighteenth-century observers agreed that English law could turn any territory into an anglicized, commercial colony on the model of Britain's North American settlements. Preserving preexisting laws, in contrast, would produce colonial economies that enriched the empire as a whole but kept local subjects poor and politically disadvantaged. By controlling how much English law each colony received, British officials hoped to shape its economic, political, and cultural trajectory. This historical account revises not only our understanding of how the common law spread but also prevailing ideas about law's place in development policy today.

The tension between trade liberalisation and environmental protection has received remarkable attention since the establishment of the WTO. It has been the subject of a wide-ranging debate, and is one of the central themes of the anti-globalisation movement. This book explores that debate. It argues that by focusing on the WTO, the debate has failed to recognise the institutional and discursive complexity in which the trade-environment conflict is embedded. A legal investigation of this nexus requires a framework of inquiry, in which this complexity can be elucidated – a model of global legal pluralism. The first theoretical part of the book (Chapters One and Two) responds to this challenge by developing a pluralistic model, which recognises the trade and environment conflict as the product of multiple dilemmas, constituted and negotiated by a myriad of institutional and discursive networks. As such, this conflict cannot be understood or addressed through one-dimensional models. Viewing the trade-environment conflict through a pluralistic perspective yields important practical insights. It means that this conflict cannot be resolved by uniform economic or legal formulae. Dealing with this conflict requires, rather, polycentric and contextual strategy. The empirical part of the book (Chapters Three to Seven) explicates this thesis by examining several global legal domains, ranging from the WTO to ‘private’ transnational regimes such as transnational litigation, international construction law and international financial law. This part demonstrates how the different discursive and institutional structures of these domains have influenced the contours of the trade-environment conflict, and considers the policy implications of this diversity from a pro-environmental perspective.

This book is a comparative legal study of the private and public art collections in various states of the world, covering the most important issues that usually arise and focusing on the differences and the similarities of the national laws in the treatment of those issues.

This book looks at the changing role and nature of the regulation of State intervention in the liberalised and privatised markets of the European Union. It examines how the traditional role of the State is now challenged by European Union law, and the implications for traditional public services provided by the State. For the first time in an academic work, the book brings together the interaction of the Internal Market and the Competition rules of the European Union when they are applied to State economic activity. Individual chapters examine specific rules which address squarely the permissible role of State activity in competitive markets, for example an examination of the State aid rules, the rules in Article 86 EC regulating State monopolies and the controversial application of Articles 81 and 82 EC to the State. Other chapters examine the processes of privatisation and liberalisation with case studies on the postal sector, utilities and telecommunications.

HauptbeschreibungThe Economic Impact Group (EIG) was created to support the work on the DCFR with insights from law and economics. It brings together a number of leading European law and economics scholars. The Group looked at the main elements of the DCFR with two questions in mind: from an economic perspective, is it sensible to harmonize private law across Europe for this specific element, and is the solution chosen in the DCFR optimal?This book presents the outcome of the work of the EIG. It deals with key issues such as the function of contract law, contract formation, good faith, non-discrimination, specific performance versus damages, standard contractual terms and consumer protection in contract law. The EIG complements the work of the drafters of the DCFR with insightful and critical assessments, based on the well-established law and economics literature.

Provides an interdisciplinary overview of key issues regarding Indigenous/Aboriginal Peoples and governance of land and protected areas across the circumpolar Arctic Explores new territorial governance models that are emerging as part of the indigenous/aboriginal governance within Arctic states, provinces, territories, regions Discusses aspects of indigenous rights regarding self-determination and local control relevant to the Arctic Forges a new understanding of how traditional decision-making arrangements and practices can be brought together with governments in the process of good governance of land and protected territories in the Arctic at the local, regional and international level Identifies key principles, lessons learnt, that are useful to address issues of Arctic governance of land and protected territories today and that could be relevant for future governance arrangements

01 02 Offering a postcolonial reading of the case of Linde et al. v. Arab Bank, PLC, this study argues that American courtrooms are being used by rhetors to tell Anglo-American stories about Hamas, the causes of the Second Intifada, and the importance of 'drying up' terrorist financing. While legislation like the 1990 Anti-Terrorism Act appears to be formalistic and neutral in the way that it references the importance of cutting down on the financing of terrorism, the author argues that American courts have often interpreted this in one-sided ways that target 'Arab' banks or 'Palestinian' terrorism. This critique posits that ostensibly objective and apolitical judicial cases on terrorism are in fact serving the ideological purpose of justifying both the Israeli and American vilification of controversial organizations like Hamas. Moreover, by labelling institutions like the Arab Bank abettors of terrorism, American judges and juries hurt Middle Eastern charities and hurt the cause of moderates in the region. 13 02 Marouf Hasian, Jr. is Professor of Communication at the University of Utah, USA. He is the author of numerous books, more than 150 refereed articles and book chapters, and has written on such topics as drone warfare and lawfare, public acceptance of national security states, and the securitization of human rights rhetoric. 02 02 This book provides readers with a postcolonial reading of the case of Linde et al. v. Arab Bank, PLC, and argues that American courtrooms are being used by rhetors to tell Anglo-American stories about Hamas, the causes of the Second Intifada, and the importance of 'drying up' terrorist financing. 04 02 1. Appreciating the Significance of the Linde et al. v. Arab Bank, PLC 'Terrorism' Bank Cases 2. A Critical Genealogical Study of Nineteenth and Twentieth-Century Colonial And Imperial Concerns About the Financing of Terrorism 3. Critical Reading of the Passage of the 1990 Anti-Terrorism Act and the Filing of the Linde et al. v. Arab Bank, PLC cases 4. A Critical Review of the Linde Plaintiffs' Framing of the Role that Financial Institutions Played in the Rise of Hamas, 2000 to 2014 5. Situation Factors and the Defense's Framing of Banking Innocence in the Linde et al. v. Arab Bank, PLC Cases 6. Conclusion-The Lingering Influence of the Linde et al. v. Arab Bank, PLC cases