Engaging with Foreign Law


Book Description

This book presents a developed theory of how national lawyers can approach, understand, and make use of foreign law. Its theme is pursued through a set of detailed essays which look at the courts as well as business practice and, with the help of statistics, demonstrate what type of academic work has any impact on the 'real' world. Engaging with Foreign Law thus aims to carve out a new niche for comparative law in this era of globalisation, and may also be the only book which deals in some depth with both private and public law in countries such as England, Germany, France, South Africa, and the United States.




Foreign Law and Comparative Methodology


Book Description

A collection of previously published essays.




Engaging Countries


Book Description

This study systematically examines how states implement and comply with international environmental accords.




Rules of Engagement and the International Law of Military Operations


Book Description

The book systematically analyses rules of engagement (ROE), a crucial component of the legal framework in which every soldier operates. The book explains how such rules operate in both the legal context and military operational world, and how ROE are applied in practice.




Feminist Engagement with International Criminal Law


Book Description

This work introduces and further develops the feminist strategy of 'norm transfer': the proposal that feminist informed standards created at the level of international criminal law make their way into domestic contexts. Situating this strategy within the complementarity regime of the International Criminal Court (ICC), it is argued that there is an opportunity for dialogue and debate around the contested aspects of international norms as opposed to uncritical acceptance. The book uses the crime of rape as a case study and offers a new perspective on one of the most contentious debates within international and domestic criminal legal feminism: the relationship between consent and coercion in the definition of rape. In analysing the ICC definition of rape, it is argued that the omission of consent as an explicit element is flawed. Arguing that the definition is in need of revision to explicitly include a context-sensitive notion of consent, the book goes further, setting out draft legislative amendments to the ICC 'Elements of Crimes' definition of rape and its Rules of Procedure and Evidence. Turning its attention to the domestic landscape, the book drafts amendments to the United Kingdom (UK) Sexual Offences Act 2003 and to the Youth Justice and Criminal Evidence Act 1999: thereby showing how the revised version of the ICC definition can be applied in context of the UK.




The Law Applicable to Cross-border Contracts involving Weaker Parties in EU Private International Law


Book Description

This book provides answers to the following questions: how do traditional principles of private international law relate to the requirements of the internal market for the realisation of the EU’s objectives regarding the protection of weaker parties such as consumers and employees? When and how should private international law ensure the applicability of EU directives concerning the protection of weaker parties? Are the EU’s current private international law, rules on conflict of laws, and private international law approach sufficient to ensure the realisation of its objectives regarding weaker contracting parties, or is a different approach to private international law called for? The book concludes with several proposed amendments, mainly regarding the Rome I Regulation on the law applicable to contractual obligations, as well as suggestions on the EU’s current approach to private international law. This book is primarily intended for an academic audience and to help achieve better regulation in the future. It also seeks to dispel certain lingering doubts regarding the current practice of EU private international law.




Research Handbook on Feminist Engagement with International Law


Book Description

For almost 30 years, scholars and advocates have been exploring the interaction and potential between the rights and well-being of women and the promise of international law. This collection posits that the next frontier for international law is increasing its relevance, beneficence and impact for women in the developing world, and to deal with a much wider range of issues through a feminist lens.




Model Rules of Professional Conduct


Book Description

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.




Public Diplomacy


Book Description

New technologies have opened up fresh possibilities for public diplomacy, but this has not erased the importance of history. On the contrary, the lessons of the past seem more relevant than ever, in an age in which communications play an unprecedented role. Whether communications are electronic or hand-delivered, the foundations remain as valid today as they ever have been. Blending history with insights from international relations, communication studies, psychology, and contemporary practice, Cull explores the five core areas of public diplomacy: listening, advocacy, cultural diplomacy, exchanges, and international broadcasting. He unpacks the approaches which have dominated in recent years – nation-branding and partnership – and sets out the foundations for successful global public engagement. Rich with case studies and examples drawn from ancient times through to our own digital age, the book shows the true capabilities and limits of emerging platforms and technologies, as well as drawing on lessons from the past which can empower us and help us to shape the future. This comprehensive and accessible introduction is essential reading for students, scholars, and practitioners, as well as anyone interested in understanding or mobilizing global public opinion.




The Oxford Handbook of Comparative Foreign Relations Law


Book Description

This Oxford Handbook ambitiously seeks to lay the groundwork for the relatively new field of comparative foreign relations law. Comparative foreign relations law compares and contrasts how nations, and also supranational entities (for example, the European Union), structure their decisions about matters such as entering into and exiting from international agreements, engaging with international institutions, and using military force, as well as how they incorporate treaties and customary international law into their domestic legal systems. The legal materials that make up a nation's foreign relations law can include constitutional law, statutory law, administrative law, and judicial precedent, among other areas. This book consists of 46 chapters, written by leading authors from around the world. Some of the chapters are empirically focused, others are theoretical, and still others contain in-depth case studies. In addition to being an invaluable resource for scholars working in this area, the book should be of interest to a wide range of lawyers, judges, and law students. Foreign relations law issues are addressed regularly by lawyers working in foreign ministries, and globalization has meant that domestic judges, too, are increasingly confronted by them. In addition, private lawyers who work on matters that extend beyond their home countries often are required to navigate issues of foreign relations law. An increasing number of law school courses in comparative foreign relations law are also now being developed, making this volume an important resource for students as well. Comparative foreign relations law is a newly emerging field of study and teaching, and this volume is likely to become a key reference work as the field continues to develop.