Bringing together the disciplines of animal law and animal welfarescience as well as ethics and criminology with contributions from some of the mostprominent animal welfare scientists and animal law scholars in the world, the book considers the strengths and failings ofexisting animal protection law in different parts of the world.
Bringing together the disciplines of animal law and animal welfarescience as well as ethics and criminology with contributions from some of the mostpr...
This book deals with the contractual platform for arbitration and the application of contractual norms to the parties' dispute.
Arbitration and agreement are inter-linked in three respects: (i) the agreement to arbitrate is itself a contract; (ii) there is scope (subject to clear consensual exclusion) in England for monitoring the arbitral tribunal's fidelity and accuracy in applying substantive English contract law; (iii) the subject-matter of the arbitration is nearly always a 'contractual' matter. These three elements underlie this work. They appear as Part I (arbitration is...
This book deals with the contractual platform for arbitration and the application of contractual norms to the parties' dispute.
This book probes the epistemological and hermeneutic implications of data science and artificial intelligence for democracy and the Rule of Law, and the challenges posed by computing technologies traditional legal thinking and the regulation of human affairs.
This book probes the epistemological and hermeneutic implications of data science and artificial intelligence for democracy and the Rule of Law, and t...
Werather argue that, since vulnerability is part of the human condition, humanvulnerability is not at odds with human dignity. To put it simply, humandignity is compatible with vulnerability.A concept of human dignity which discards or deniesthe dignity of the vulnerable and weak is at odds with the real humancondition.
Werather argue that, since vulnerability is part of the human condition, humanvulnerability is not at odds with human dignity. To put it simply, human...
The first scholarly effort to offer a systematic examination of doctrinal issues in climate law, this book explores the diverse international, regional, national, sub-national and transnational legal responses to climate change. Includes regional case studies.
The first scholarly effort to offer a systematic examination of doctrinal issues in climate law, this book explores the diverse international, regiona...
This book provides a theoretical framework for explaining the choices made by international decision-makers in terms of what constitutes law. It comprehensively analyzes the practice of human rights courts in applying legal instruments outside their competence and proposes that this practice recognizes that different normative instruments coexist in an un-ordered space, and that meaning can be produced by the free interaction of those instruments around a problem. Based on this, the book advances its normative plurality hypothesis, which states that decision-makers must survey the acquis...
This book provides a theoretical framework for explaining the choices made by international decision-makers in terms of what constitutes law. It co...
This book explores both the possibilities and limits of arguments from human nature in the context of human rights. Can the concept of human nature provide a basis for understanding fundamental rights? Is it plausible to justify the claim to universal validity of human rights by reference to human nature? Or does the idea of human rights in its modern, post-1945 manifestation go, in essence, beyond human nature? The essays in this volume introduce naturalistic positions and their concomitant critiques. They address the role that human nature both actually does and potentially may play in...
This book explores both the possibilities and limits of arguments from human nature in the context of human rights. Can the concept of human nature...
The book addresses questions such as how the Court establishes durable precedent, how the Court decides to overrule precedent, the effects of precedent on case selection, the scope of constitutional precedent, the influence of concurrences and dissents, and the normative foundations of constitutional precedent.
The book addresses questions such as how the Court establishes durable precedent, how the Court decides to overrule precedent, the effects of preceden...
This book explores the development of both the civil law conception of the Legal State and the common law conception of the Rule of Law. It examines the philosophical and historical background of both concepts, as well as the problem of the interrelation between the two doctrines. The book brings together twenty-five leading scholars from around the world and provides both general and specific jurisdictional perspectives of the issue in both contemporary and historical settings. The Rule of Law is a legal doctrine the meaning of which can only be fully appreciated in the context of both...
This book explores the development of both the civil law conception of the Legal State and the common law conception of the Rule of Law. It examine...
This comprehensive publication analyzes numerous aspects of the relationship between judicature and the fair trial principle in a comparative perspective.
This comprehensive publication analyzes numerous aspects of the relationship between judicature and the fair trial principle in a comparative perspect...