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Secured Credit in Europe. From Conflicts to Compatibility

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Secured Credit in Europe From Conflicts to Compatibility by Teemu Juutilainen This monograph seeks the optimal way to promote compatibility between systems of proprietary security rights in Europe, focusing on security rights over tangible movables and receivables. Based on comparative research, it proposes how best to tackle cross-border problems impeding trade and finance, notably uncertainty of enforceability and unexpected loss of security rights. It offers an extensive analysis of the academic literature of more recent years that has appeared in English, German, the Scandinavian languages and Finnish. The author organises the concrete means of promoting compatibility into a centralised substantive approach, a centralised conflicts-approach, a local conflicts-approach and a local substantive approach. The centralised approaches develop EU law, and the local approaches Member State laws. The substantive approaches unify or harmonise substantive law, while the conflicts a...

THE LAW OF THE SOMALIS: A Stable Foundation for Economic Development in the Horn of Africa

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THE LAW OF THE SOMALIS: A Stable Foundation for Economic Development in the Horn of Africa by Michael van Notten, Edited by Spencer Heath MacCallum Written by a trained and sympathetic observer, this book shows how Somali customary law differs fundamentally from most statutory law. Lawbreakers, instead of being punished, are simply required to compensate their victim. Because every Somali is insured by near kin against his or her liabilities under the law, a victim seldom fails to receive compensation. Somali law, being based on custom, has no need of legislation or legislators. It is therefore happily free of political influences. The author notes some specific areas that stand in need of change, but finds such change already implicit in further economic development. Somali politics is based on consensus. The author explains how it works and shows why any attempt to establish democracy, which would divide the population into two classes-those who rule and those who are ruled-must ine...

Race, Criminal Justice, and Migration Control

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Race, Criminal Justice, and Migration Control .  Enforcing the Boundaries of Belonging Edited by Mary Bosworth , Alpa Parmar , and Yolanda Vazquez A collection of essays that considers how societal practices, laws, and criminal justice institutions delineate who belongs and who does not, and how these factors affect racial minorities across the world, in strikingly uneven ways Brings race to the centre of its analysis in order to reveal how migration and its control is inherently racialized Demonstrates how the architecture of legislation, the process of criminal justice, and the institutions of criminal justice and border control conspire and coalesce to grant some people citizenship, while denying it to others Essential reading for lawyers, criminologists, criminal justice practitioners, migration scholars, and sociologists, as well as general readers approaching the topic for the first time (Subjects: criminal law; minorities; borders; criminology; sociology;...

Comparative International Law

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Comparative International Law Edited by Anthea Roberts, Paul B. Stephan, Pierre-Hugues Verdier, and Mila Versteeg Explains that international law is not a monolith but can encompass on-going contestation, in which states set forth competing interpretations Maps and explains the cross-country differences in international legal norms in various fields of international law and their application and interpretation in different geographic regions Organized into three broad thematic sections of conceptual matters, domestic institutions and comparative international law, and comparing approaches across issue-areas Chapters authored by contributors who include top international law and comparative law scholars all from diverse backgrounds, experience, and perspectives (Subjects: international law; comparative law)

Formation and Third Party Beneficiaries

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Formation and Third Party Beneficiaries Edited by Mindy Chen-Wishart , Alexander Loke , and Stefan Vogenauer Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where limited critical commentaries have been published in the English language. Volume II of this series deals with contract formation and contracts for the benefit of third parties in the laws of China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong, Korea, Vietnam, Cambodia, Thailand, Indonesia, and Myanmar. Typically, each jurisdiction is covered in two chapters; the first deals with contract formation, while the second deals with contracts for the benefit of third parties. (Subjects: Comparative Law; contract law)

Legalism: Property and Ownership

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Legalism: Property and Ownership Edited by Georgy Kantor , Tom Lambert , and Hannah Skoda Legalism Brings together anthropologists and historians to examine how property and ownership operate and are understood across broad historical and geographical contexts Offers a truly cross-cultural perspective, and makes specialist case studies visible and accessible to non-specialists Partakes in a larger intellectual debate developed across disciplines - from anthropology to history to legal theory (Subjects: comparative law; anthropology; history; property; ownership)

A Theory of Legitimate Expectations for Public Administration

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A Theory of Legitimate Expectations for Public Administration Author:  Alexander Brown Presents a new theory of legitimate expectation for public administration, arguing that agencies should be held liable for losses they directly cause by creating and then frustrating legitimate expectations. Draws on normative legal and political theory to evaluate the ethics of legal doctrine and whether this is primarily an issue of fairness, security, trust in government, or something else. Compares and contrasts examples drawn from the UK, Ireland, Europe, Australia, New Zealand, and South Africa. (Subject: Public Administration)