(searched for: publisher_group_id:5397)
Going Global; https://doi.org/10.5040/9781501338700
The Rule of Law Under Fire?; https://doi.org/10.5040/9781509950614.pt-002
A History of Education for the Many; https://doi.org/10.5040/9781350085749.ch-4
Residential Construction Law; https://doi.org/10.5040/9781509939268.ch-010
ExtractDelay always breeds danger; and to protract a great design is often to ruin it. cervantes Whatever their formal position in relation to rights and possible remedies, any unhappy homeowner must act in time – or at least be aware how long they do have to act – in order to secure their position via one of the available pathways of redress. This chapter, therefore, considers time issues as they relate to each of the main possibilities, in their likely (or ideal) order – complaining to ‘the builder’ at section [10. 1]; making a claim on insurance or a third-party warranty at section [10. 2]; complaining to a regulator or official conciliator at section [10. 3]; and finally starting legal action in a civil court or before a tribunal at section [10. 4]ff, including Case Study 9 at section [10. 6]. Of all these possibilities, the last has the best...
A Short History of the Spanish Civil War; https://doi.org/10.5040/9781350152595.0014
ExtractAn uncivil peace After the official conclusion of the civil war on 1 April 1939, the destruction of the vanquished became an absolute priority. There began a new period of mass executions, prison and torture for thousands of men and women. The collapse of the republican army in the spring of 1939 meant that hundreds of thousands of prisoners were sent to prisons and improvised concentration camps. In late 1939 and throughout 1940, there were over 270,000 prisoners, according to official sources, a figure that constantly fell in the following two years because of the numerous executions and thousands of deaths from illness and starvation. At least 50,000 people were executed between 1939 and 1946. The invasion of France by German troops, which began on 10 May 1940, brought about the capture of thousands of Spanish republicans who had fled to French territory after the conquest of Catalonia by Franco’s...
Performing Iran; https://doi.org/10.5040/9780755635139.ch-3
ExtractBabak Rahimi — Kiarostami We grew weary of reality Truth, far from sight. Taʿzieh has often been described as the only ‘indigenous theatre’ in Islamicate societies. However, as a commemorative ritual of social significance, taʿzieh considerably differs from theatre. Introduced from Europe to North Africa and West Asia in the nineteenth century, theatre is the collaborative form of performing art based on the culture industry that produces performances at specific sites to be viewed on a range of stages by a target audience. Although contingent to context and operational function, theatre is perfored, to recall a key term used by Richard Schenchner, for ‘entertainment’, a choreographed event to amuse audiences as consumer participants in an industry of cultural production. Theatre is the stage of spectacle. Somewhat similar to older forms of public ritual such as puppet theatre, storytelling events such as naqqali (in Iran) , al-halaqa (in Morocco) , parades and...
#MeToo and Literary Studies; https://doi.org/10.5040/9781501372773.ch-24
ExtractLinda Chavers – “The Day Beyoncé Turned Black” (2016) I don’t understand. How can they be black? They are women! I think they might be both. [screaming] Both? No! This essay addresses an urgent need to discover, unpack, and correct the dangerously misleading and inaccurate historical narratives about white supremacy and civil rights in the United States. If we are to understand how we got here today — “here” being a place where Black mothers are still dying at a disproportionally high rate after childbirth and where Black girls are punished more severely than their white peers in daycare and secondary school — then there needs to be a radical shifting of the center. When we talk about women, we must talk about Black women. Such a fundamental shift can help uncover our path to today and support our way to better solutions. In my teaching, I focus on the historical and...
Adam Smith’s The Theory of Moral Sentiments; https://doi.org/10.5040/9781350088603.0009
ExtractSmith’s Full-Blown Account of Moral Judgment and Its Impact on Moral Action In the previous chapter, we saw Smith answer the psychological foundation of moral judgment question as follows: the pleasure we take in observing mutual sympathy between our own and another’s sentiments constitutes approval, and the pain we take in observing the absence of mutual sympathy between our own and another’s sentiments constitutes disapproval. But identifying the psychological foundation of moral judgment is not necessarily the same thing as providing a full-blown account of moral judgment. To provide such an account, Smith has at least three more tasks to complete. First, he must explain how we are capable of making moral judgments that do not line up with how we actually feel. Second, he must explain the fact that there is significant agreement within groups of people regarding what is proper or improper and meritorious or demeritorious, even though...
Published: 1 January 2021
Stability and Legitimate Expectations in International Energy Investments; https://doi.org/10.5040/9781509938414.ch-002
ExtractThe need for the protection of an international energy investment is acute, for several associated reasons. The vulnerability of the investors increases after the largest part of the investment is sunk, which makes the investment open to unilateral interventions by the associated host state. Hence, investors need to protect their investments in various ways. In order for an energy investor to rely on investment treaty protection in the event of a dispute, it must satisfy the requirements of that particular treaty. Its investment must qualify as such within the scope of that treaty. If an energy investor wishes to rely on the legitimate expectations principle in a dispute, as will be discussed in the following chapters, it must be able to show that it is an investor and that the investment fulfils the criteria set forth under the relevant treaty. Therefore, this chapter examines the criteria through which one can...
Ideas Against Ideocracy; https://doi.org/10.5040/9781501350627.0005
ExtractAbramov A. I. “. ” In , edited by F. Kh. Kessidi, . Moscow: Nauka, 1979. Adorno Theodor. . Translated by C. Lenhardt. Edited by Gretel Adorno and Rolf Tiedemann. London and New York: Routledge & Kegan Paul, 1986. Agurskii Mikhail. . Paris: YMCA Press, 1980. Althusser Louis. . New York and London: Monthly Review Press, 1971. Andreev Daniel. . Translated by Jordan Roberts. Hudson, NY: Lindisfarne Books, 1997. Andreev Daniel. . Translated by Daniel H. Shubin. Bakersfield, CA: Peace Church Challenge, 2015. Andreev Daniil. . Moscow: Prometei, 1991. Andreev Daniil. . Moscow: Sovremennik, 1989. Anthony of Sourozh. . Edited and with an introduction by Hugh Wybrew. Springfield, IL: Templegate Publishers, 1988. Anufriew Sergej, Jurij Leiderman, and Pavel Pepperstein. . ” Düsseldorf: Kunsthalle Düsseldorf, 1990. Arkady Dragomoshchenko, Mikhail Epstein, Jerome McGann, Marjorie Perloff, et al. “Symposium on Russian Postmodernism. ” Postmodern Culture 3 (1993) , no. 2. Available electronically: http://www....
#MeToo and Literary Studies; https://doi.org/10.5040/9781501372773.ch-25
ExtractAmy B. Hagenrater-Gooding Class was winding down after a productive discussion on characterization, specifically the animal imagery used to portray Stanley Kowalski and the use of lighting and water references to depict Blanche DuBois in Tennessee Williams’s A Streetcar Named Desire (1947) . Stopping with the end of scene ten seemed logical, as I felt students needed to sit with the shocking violence and obvious rape to process it before our next class. But surprisingly, a tentative hand shot up right before dismissal. This student rarely spoke in class. She was a good student and I always enjoyed reading her insightful papers, so I was stunned when she proffered this observation: “But didn’t Blanche, in some ways, deserve what she got? ” In twenty years of teaching, I have rarely been rendered mute. Yet here I was, watching heads nod as young, seemingly progressive women had a hard time finding...
2 Corinthians; https://doi.org/10.5040/9780567668752.0013
ExtractIn 2 Cor. 2. 14, Paul moves away from autobiographical details and only returns to them in 7. 5, with mention of his arrival in Macedonia (consequent upon the journey he had announced in 2. 13) . The section of the letter constituted by 2. 14–7. 4 represents material of a different type and comprises, broadly speaking, an explanation and defence of his apostolic ministry, or, as suggested in this volume, his leadership (2. 14–6. 10, 7. 2-4) , and an assertion of Christ-movement identity (6. 14–7. 1) . For numerous commentators, the presence of 2. 14–7. 4 between 2. 13 and 7. 5 represents an unsurmountable obstacle to the literary integrity of 2 Corinthians. This position has been well put by Larry Welborn (2011: xxi) , who cites the view of Johannes Weiss that ‘This separation of what belongs together is unheard of and intolerable from a literary point...
The Constitution of Czechia; https://doi.org/10.5040/9781509920563.ch-001
ExtractBohemian Kingdom – Habsburg Empire – First Czechoslovak Republic – Communist Legacy – Dealing with the Communist Past – Dissolution of Czechoslovakia – Hasty Constitution Drafting – Accession to the European Union – Popular Sovereignty – Influence of Foreign Legal Cultures – Constitutional Scholarship Czechia and its 1993 Constitution came into being as a direct consequence of the dissolution of Czechoslovakia, but Czech constitutionalism has much deeper roots. Five factors have arguably influenced Czech constitutionalism more than anything else: the legacy of the First Czechoslovak Republic between the two world wars; communist rule for more than four decades; the subsequent need to deal with the communist past; the dissolution of Czechoslovakia and the politics of it; and accession to NATO and the EU and the general ‘catching up with the West’ attitude. Each of these five major factors has left a mark, each in its own way, on constitutional foundations...
The Power of Hope; https://doi.org/10.5040/9780755606436.ch-005
ExtractIkeda: Many years have passed since I first met you and your wife in Tokyo in 1995. Forming a friendship with a great peace and human rights leader like you over the years spanning the last century and into the present one is one of the proudest experiences of my life. Allow me to thank you sincerely for the heartfelt message of congratulations you sent on the occasion of my eightieth birthday. Esquivel: I would like to take this opportunity to repeat my sincere wishes for your peace and well-being and extend my heartfelt felicitations. I have the highest admiration and respect for your life of eighty years, dedicated to sharing the struggle and hopes for building a more just and fraternal world for all humanity. Please accept greetings from my wife, Amanda, and my sons, as well as from the entire SERPAJ in Latin America. Ikeda: Thank you, and...
Stalinism at War; https://doi.org/10.5040/9781350153547.0010
Extract‘Lenin left us a great legacy’, Stalin fumed, ‘and we – his heirs – we have shat all over it!’ It was a little over a week after the Germans had attacked without warning or declaration of war. From the early hours of 22 June, Hitler’s strike force had overwhelmed Soviet defences and advanced in three prongs deep into Soviet territory. Army group North was on the way to Leningrad, Army Group Centre motored towards Moscow and Army group South advanced towards Kyiv. On the day of Stalin’s outburst, Hitler’s Panzer reached the outskirts of Lviv in the South and controlled the region south of Minsk in the middle. Army group North stood deep in Lithuania. But Stalin had no clear sense of what was going on at his western front. He had met with his closest circle to discuss the situation: Viacheslav Molotov, Georgy Malenkov, Anastas Mikoian and Lavrenty...
Fan Identities in the Furry Fandom; https://doi.org/10.5040/9781501375392.ch-005
Extract– Reysen et al. (2015a) The furry fandom is often the target of significant stigmatization. … Stigmatization of the furry fandom is due, in part, to negative portrayals of the fandom in the media, which has tended to portray furries as sexual deviants. This chapter looks at how perceived stigmatization has affected identity construction and what this has meant for the Furry Fandom. For the IARP, much of their work has focused on highly identified Furries, and as their research has shown, highly identified individuals are often at more risk of suffering from the effects of stigmatization in minority groups. However, as I have stressed a number of times in this book, not all Furries are alike in their experiences and this includes stigmatization. Therefore, I reject the notion from the IARP research that the vast majority of Furries are stigmatized due to the split between hobbyists and lifestylers; hobbyists...
ExtractIn which we: a) meet the scientists who stumbled across p53 while investigating the cancer-causing oncogene in a monkey virus; and b) hear how, every time they tried to purify the protein made by the oncogene, they found another protein in their test tubes that they couldn’t shake off. *** How uncertain it can be, when a man is in the black cave of unknowing, groping for the contours of the rock and the slope of the floor, listening for the echo of his steps, pushing away false clues as insistent as cobwebs, to recognise that an important discovery is taking shape. Horace Freeland Judson The history of science is strewn with groundbreaking discoveries which are only subsequently recognised as such. No drama attaches to the moment itself, and life goes on as it was before. Often, the circumstances are mundane – a scruffy laboratory with test tubes and microscope...
The Power of Hope; https://doi.org/10.5040/9780755606436.ch-001
ExtractIkeda: I greatly respect people who stand up for the dignity of humanity and strive to reform our times through concrete actions. You are such a person, and one of the precious treasures of our world. Refusing to be defeated by the relentless oppression of a military dictatorship, you have remained true to your belief in justice. At the risk of your very life, you have exerted the most strenuous efforts for the sake of peace. Your life sends forth a ray of courage and hope for humanity. That is why I am delighted to have this opportunity to engage in this dialogue with you. Esquivel: As am I, President Ikeda. Thank you for this opportunity. As a reader of your writings, I have looked forward to meeting you in person and feel I have already known you for a long time. Ikeda: I feel the same. I wholeheartedly applauded...
Performing Iran; https://doi.org/10.5040/9780755635139.ch-9
ExtractSiavash Rokni This chapter traces the rise of rock music as a scene in Iran from the early 1990s until the first decade of the twenty-first century. I look at two generations of rock musicians. The first consists of musicians that were active during the 1990s and early 2000s. This includes a look at the rise of music produced by those who saw the revolution in their childhood. The second period covers the timeline typical of most articles written about rock music in Iran. This is the period of the presidency of Mohammad Khatami (1997–2005) and the cultural thaw that followed it. Here, there will be a focus on two main rock music scenes that developed in this period of time, namely Tehran and Mashhad. I conclude by looking at how the bases laid by these two generations of musicians paved the way for the acceptance of rock as a...
SEX ON EARTH; https://doi.org/10.5040/9781472994936.0018
ExtractHeavily as stones they fall, fall to the tops of the firs where they suddenly sprout wings, become birds and then light feather rags that the storm seizes and whirls out of my line of vision, more rapidly than they were borne into it. Konrad Lorenz, King Solomon’s Ring It’s early in the morning. I’m in the car again. Even though the clocks have gone back an hour I’m still having trouble waking myself up. The two black coffees did nothing for me. The sun has barely risen behind the streaky November sky. When it happens, it’s sudden: WHAP! There’s a knock against the bumper. I look in the wing mirror and there is a big black bird lying in the road, shaking and writhing wildly, like a fly-tipped bin-liner catching a gust. ‘Jeez,’ I think, parking up the car. What I see as I get out and walk along...
Studies in the History of Tax Law; https://doi.org/10.5040/9781509939909.ch-015
The Cypriot income tax system will celebrate its eightieth birthday next year. It is based on the so-called ‘1922 Model Ordinance’, drafted in 1922 by British tax officials and proposed as a template for enactment in British colonies lacking ‘responsible government’. Perhaps for administrative reasons and the (negative) British experience on transporting UK tax law to British colonies, the 1922 model differed in fundamental ways from the income tax system then in effect in Great Britain. In the decades following its publication, a number of British colonies, including Cyprus, Palestine, Singapore, Hong Kong and Kenya, adopted the 1922 Model Ordinance. Those colonies largely continued, after independence, to base their tax rules on this model. This chapter examines why Cyprus adopted the 1922 Model Ordinance and secondly, using Cyprus as an example, attempts to trace the origins of concepts used in this model.
Estimating and Costing for Interior Designers pp 310-324; https://doi.org/10.5040/9781501361081.ch-015
Estimating and Costing for Interior Designers pp 161-193; https://doi.org/10.5040/9781501361081.ch-010
European Contract Law; https://doi.org/10.5040/9781509941810.ch-008
ExtractAlmost all of the fields covered in this book show the innovative features of European contract law. This can already be seen at an early stage in its development, in comparison to the concepts and principles which influenced national codifications and legal systems during the 19th and 20th centuries. Issues such as pre-contractual information duties, withdrawal rights, structure of remedies for non-conforming performance as well as the final seller’s right of redress show the influence of the new approaches in European contract law on developments in the EU Member States. Beyond this, however, the recent challenges emerging from digitalization have again resulted in innovations with considerable importance both for legal practice and on a doctrinal level. The new approaches are mostly anchored in concepts that developed within earlier EU legislation. However, their effect on contract law in light of the economic and technological impact of the ‘digital revolution’ is certainly...
European Contract Law; https://doi.org/10.5040/9781509941810.ch-006
ExtractLiterature: von Bar/Clive (eds) , DCFR Full Edition (Sellier 2009) ; DiMatteo/Janssen/Magnus/Schulze (eds) , International Sales Law: Contract, Principles & Practice (2nd edn, Nomos 2021) ; Grabitz/Hilf/ Nettesheim (eds) , Das Recht der Europäischen Union (68th edn, C. H. Beck 2019) ; Howells/Wilhelmsson/Twigg-Flesner, Rethinking EU Consumer Law (Routledge 2017) ; Jansen/Zimmermann (eds) , Commentaries on European Contract Laws (OUP 2018) ; Research Group on the Existing EC Private Law (Acquis Group) , General Provisions, Delivery of Goods, Package Travel and Payment Service (Contract II) (Sellier 2009) ; Reich et al. , European Consumer Law (2nd edn, Intersentia 2014) ; Riesenhuber, EU-Vertragsrecht (Mohr Siebeck 2013) ; Schmidt-Kessel (ed) , Der Entwurf für ein Gemeinsames Europäisches Kaufrecht – Kommentar (Sellier 2014) ; Schulte-Nölke et al. (eds) , Der Entwurf für ein optionales Kaufrecht (Sellier 2012) ; Schulze (ed) , Common European Sales Law – Commentary (Nomos 2012) ; Schulze/Staudenmayer (eds) , EU...
Bloomsbury History: Theory and Method Articles; https://doi.org/10.5040/9781350970854.049
Bloomsbury History: Theory and Method Articles; https://doi.org/10.5040/9781350970892.099
Bloomsbury History: Theory and Method Articles; https://doi.org/10.5040/9781350970892.095
Bloomsbury History: Theory and Method Articles; https://doi.org/10.5040/9781350970809.002
Bloomsbury History: Theory and Method Articles; https://doi.org/10.5040/9781350970854.052
Bloomsbury History: Theory and Method Articles; https://doi.org/10.5040/9781350970885.0080
Bloomsbury History: Theory and Method Articles; https://doi.org/10.5040/9781350970809.008
Bloomsbury History: Theory and Method Articles; https://doi.org/10.5040/9781350970854.056
Bloomsbury History: Theory and Method Articles; https://doi.org/10.5040/9781350970809.004
Bloomsbury History: Theory and Method Articles; https://doi.org/10.5040/9781350970892.096
Bloomsbury History: Theory and Method Articles; https://doi.org/10.5040/9781350970823.027
Bloomsbury History: Theory and Method Articles; https://doi.org/10.5040/9781350970878.066
Bloomsbury History: Theory and Method Articles; https://doi.org/10.5040/9781350970885.074
Bloomsbury History: Theory and Method Articles; https://doi.org/10.5040/9781350970892.090
Bloomsbury History: Theory and Method Articles; https://doi.org/10.5040/9781350970847.043
Researching Communications; https://doi.org/10.5040/9781501316951.0021
ExtractIt can be argued that all research and all analysis are intrinsically comparative. Comparing the responses of one group of people in a survey with another, highlighting rhetorical differences in political speeches and identifying the varying use of signifiers in car adverts are just three examples, and countless others could be cited. This argument is, in our view, largely true, but it has an underlying problem, and this is that it is rather too general. When we talk about comparative research and comparative analysis in this chapter we are referring specifically to research and analysis that foregrounds comparison as a key defining feature of its rationale and design. We can identify two key dimensions of comparison: Temporal – comparisons across time and Spatial – comparisons across space and geographical distance. Before engaging with these two strands in detail, however, we shall discuss how temporal and spatial comparisons are deeply intertwined,...
International Commercial Arbitration; https://doi.org/10.5040/9781509948710.ch-012
ExtractBibliography: Ahuja/Mal, The 2019 Indian arbitration reforms: one step forwards and two steps backwards, (2019) 22 Int#x2019;l Arb. L. Rev. 224–240; Anukaran, Scope of Arbitrability of Disputes from the Indian Perspective, (2018) 14 Asian Int#x2019;l Arb. J. 71–88; Avinash, A Comparative Analysis of the Law Relating to Anti-Aribtration Injunctions, (2014) Bharati L. Rev. 173; Biswas, Introduction to Arbitration in India – The Role of the Judiciary, Kluwer Law International 2014; Born/Spears, International Arbitration and India: “A Truly Excellent Judgment!”, (2012) 1 Indian Journal of Arbitration Law 4–8; Chawla, Legislation Update: India, (2018) 14 Asian Int#x2019;l Arb. J. 215–222; Goldsmith/Taylor, The Opportunities for Post-Brexit International Arbitration in London and India, (2017) 4 NLUJ Law Rev. 1–20; Gupta, A New Dawn for India – Reducing Court Intervention in Enforcement of Foreign Awards, (2013) 2 Indian Journal of Arbitration Law 10–23; Jain, Pathological Arbitration Clauses and Indian Courts, (2008) 25 J. Int#x2019;l Arb....
Regulating the Crypto Economy; https://doi.org/10.5040/9781509935772.ch-006
ExtractThe existing monetary system of the crypto economy is made up of privately issued currencies that do not meet the conventional qualities of moneyness and are competing against one another. Cryptocurrencies do not meet the qualities of moneyness largely because they have become speculative financial assets, rather than merely because they are private in nature. Non-affiliation to the sovereign or state can be disadvantageous for private cryptocurrency as it cannot be regarded as legal tender. However, that should not of itself result in the sub-optimal quality of moneyness in private cryptocurrencies. Commentators show that where currencies compete, private currencies that are issued to stimulate productivity are beneficial, as they can compete to become responsive to productive users’ needs. They can become stable over time, as econometric modelling shows that private competing currencies issued by banks for productive use can over the long term produce stability, aligned with the Hayekian thesis....
International Commercial Arbitration; https://doi.org/10.5040/9781509948710.ch-005
ExtractBibliography: Cepani, Arbitrage en Verzekeringsrecht, Larcier 2014; Cepani, Arbitrage en vertrouwelijkheid, Larcier 2014; Cepani, Eerbetoon aan Guy Keutgen, Larcier 2012; Cepani, L#x2019;arbitrage et le droit de la concurrence, Bruylant 2010; Cepani, Arbitrage en derden, Rapporten van het Cepina Colloquium van 28 november 2008, Bruylant 2008; Cepani, De Arbitrageovereenkomst, Vennootschapsgroepen en Groepen Overeenkomsten, Rapporten van het Cepina Colloquium van 19 november 2007, Bruylant 2007; Cepani, Arbitral procedure at the dawn of the new millenium, Rapporten van het Cepina colloquium van 14 & 15 oktober 2004, Bruylant 2005; Cepani, Macht en onmacht van de arbiter, Rapporten van het Cepina Colloquium van 28 maart 2003, Bruylant 2003; Cepani, Arbitrage en Fiscaliteit, Rapporten van het Cepina Colloquium van 4 december 2001, Bruylant, 2001; Bassiri/Draye (eds) , Arbitration in Belgium: A Practitioner#x2019;s Guide, Kluwer Law International 2016; Dal, National Report for Belgium (2019) , in: Bosman (ed. ) , ICCA International Handbook on Commercial Arbitration,...
International Commercial Arbitration; https://doi.org/10.5040/9781509948710.ch-017
ExtractBibliography: Andersson et al. , Arbitration in Sweden, Jure 2011; Edlund, Värderingsklausuler och tillträdesbokslut, Svensk Juristtidning 2007, 311–320; Ewerlöf/Jarvin/Shaugnessy, Interpretation and Application of the New York Convention in Sweden, in: Bermann (ed. ) , Recognition and Enforcement of Arbitral Awards, Springer 2017, 887–910; Franke et al. (eds) , International Arbitration in Sweden: A Practitioner#x2019;s Guide, Kluwer Law International 2013; Franke, National Report for Sweden (2018 through 2019) , in: Bosman (ed. ) , ICCA International Handbook on Commercial Arbitration, ICCA & Kluwer Law International 2019, Supplement No. 105, April 2019; Heuman, Arbitration Law of Sweden: Practice and Procedure, Juris Publishing 2003; Hobér, International Commercial Arbitration in Sweden, Oxford University Press 2011; Lindell, Civilprocessen: rättegång samt skiljeförfarande och medling, 4th ed. , Iustus Förlag 2017; Lindskog, Skiljeförfarande: En kommentar, 2nd ed. , Norstedts Juridik 2012; Madsen, Påståendedoktrin eller anknytningsdoktrin, Svensk Juristtidning 2013, 730–750; Madsen, Commercial arbitration in Sweden, 4th ed. ,...
Direct Jurisdiction; https://doi.org/10.5040/9781509936458.ch-010
ExtractNobumichi Teramura The author is grateful to Mr Issei Sakano, Advisor of the Ministry of Justice of Kingdom of Cambodia, and other legal practitioners working in Phnom Penh for their insightful comments that helped completing the manuscript. Note that responsibility for any errors that remain is solely my own. The Kingdom of Cambodia (Cambodia) is a civil law country whose private law, including rules of direct jurisdiction, is under the strong influence of Japanese law. Since 1996, the Japanese Government has been helping the development of the Cambodian legal system through, for example, offering training opportunities for young lawyers to study law in Japan. Then, in 1999, the Cambodian and Japanese Governments reached an agreement on the provision of legal development aid supports to Cambodia within the scheme of ‘Japanese Cooperation to Support the Formulation of Key Government Policies’ that requested the Japan International Cooperation Agency (JICA) to work with...
International Commercial Arbitration; https://doi.org/10.5040/9781509948710.ch-003
ExtractBibliography: Bjorklund/Newcombe, International investment law and arbitration: cases, materials, and commentary, Oxford University Press 2017; Burgstaller/Zarowna, Effects of Disposal of Investments on Claims in Investment Arbitration, (2019) 36 J. Int#x2019;l Arb. 231–258; Commission/Moloo, Procedural issues in international investment arbitration, Oxford University Press 2018; Crawford, Treaty and Contract in Investment Arbitration, (2008) 24 Arb. Int#x2019;l 351–374; Demirkol, Judicial acts and investment treaty arbitration, Cambridge University Press 2018; Dolzer/Schreuer, Principles of International Investment Law, 2nd ed. , Oxford University Press 2012; Douglas, The Hybrid Foundations of Investment Treaty Arbitration, (2003) 74 BYBIL 151–289; Douglas, The International Law of Investment Claims, Cambridge University Press 2009; Dumberry, A guide to general principles of law in international investment arbitration, Oxford University Press 2020; Ferrari/King, Investment arbitration in a nutshell, West Academic Publishing 2020; Hobér, Investment treaty arbitration: problems and exercises, Edward Elgar Publishing 2018; McLachlan/Shore/Weiniger, International Investment Arbitration: Substantive Principles, 2nd ed. , Oxford University...
The Constitution of Canada; https://doi.org/10.5040/9781509947201.ch-008
ExtractAboriginal Title – Indigenous Rights – Constitutional Authority – Treaties – Self-Government This book began with the observation that Canadian constitutional law is not a thoroughly rationalized and ordered body of law. It instead contains several themes, each with its own dynamic, moving in and out of phase. The constitution is a work in progress, with courts, governments, citizens, and peoples arguing over the relationship among the strands and fashioning potential solutions. Nowhere is this more the case than in the aspects of the constitution that address Indigenous peoples. The relationship between Indigenous peoples and Canadian governments has been long and troubled. It has sometimes been brutal; it has certainly been marked by differences of power. It has also been a process of encounter – between societies, between world-views. And this interaction is ongoing as courts, legislators, and Indigenous leaders struggle to develop adequate concepts to structure the relationship. The...
International Commercial Arbitration; https://doi.org/10.5040/9781509948710.ch-011
ExtractBibliography: Beale (ed. ) , Chitty on Contracts, vol. 1, 33rd ed. , Sweet & Maxwell 2018; Gilchrist (ed. ) , Chitty on Contracts: Hong Kong Specific Contracts, 5th ed. , Sweet & Maxwell 2016; Halsbury#x2019;s Laws of Hong Kong, 2nd ed. , LexisNexis Hong Kong, 2016 Reissue; Kaplan/Morgan, National Report for Hong Kong (2013 through 2018) , in: Bosman (ed. ) , ICCA International Handbook on Commercial Arbitration, ICCA & Kluwer Law International 2019, Supplement No. 98, March 2018; Ma/Brock (eds) , Arbitration in Hong Kong: a Practical Guide, 4th ed. , Sweet & Maxwell 2017; Merkin, Arbitration Law, Lloyd’s of London Press Ltd (Service Issue 82: 31 July 2019) ; Moser/Choong (eds) , Asia Arbitration Handbook, Oxford University Press 2011; Sharma/Sajnani, Interpretation and Application of the New York Convention in Hong Kong, in: Bermann (ed. ) , Recognition and Enforcement of Foreign Arbitral Awards, Springer 2017, 417–432; Yeoh/Ang,...