New Books in the TRU Law Library

Encapsulating the multitude of challenges faced by the international corporate tax regime, this timely Research Handbook provides an in-depth comparative legal analysis of corporate income tax as it is practiced across the world. Beginning with four foundational chapters exploring the purpose and history of corporate tax, the Handbook goes on to provide a synthesis of the key issues in corporate taxation within the US regime, addressing some of the cutting-edge normative issues in designing a corporate tax. It then proceeds to set this against the experience in the EU and eleven other countries including the UK, Canada, China, Japan, India, Brazil and New Zealand.

Taxation and the Green Growth Challengeaddresses the pressing issue of how economic growth can be compatible with the fight against climate change, while protecting the environment as much as possible. The book shows how decision-makers must account for the legal value of the environment as being of benefit to future generations. With a broad approach, and a combination of legal and economic points of view, chapters discuss which tax instruments enable us to combine economic growth and environmental protection in a balanced way. This discerning book identifies the tax instruments that permit a comprehensive arrangement of underlying economic and political interests, with a view to pursuing the UN's and EU's ambitious environmental goals.

This contemporary Research Agenda examines the threats to stability and sustainability presented by economically motivated crime and misconduct. Featuring contributions from distinguished experts in the field of criminal law and justice, this book proposes avenues for future research into the legal frameworks designed to prevent and manage economic crime and corruption. Barry Rider begins by considering the importance of discouraging economically relevant criminals from undermining the efficacy and stability of global economies. Chapters analyse a myriad of topics, including the economic crime-related repercussions of the Covid-19 pandemic, the development of small state financial centres, and the key measures adopted by the Financial Action Task Force (FATF) to combat corruption.

This timely book explores the legal and practical challenges created by the increasingly automated decision-making procedures underpinning EU multilevel cooperation, for example, in the fields of border control and law enforcement. It argues that such procedures impact not only the rights to privacy and data protection, but fundamentally challenge the EU constitutional promise of effective judicial protection. Focusing on informational cooperation in the EU Area of Freedom, Security and Justice, this book examines the extent to which the EU's system of remedies allows individuals to enforce their rights against automated decisions - such as in cases of the rejection of a residence permit application or the execution of search warrants.

This comprehensive book explores different methods and approaches to legal comparison, considering how they are perceived and understood by the reader. It examines how comparative discussion can be used effectively in both the classroom and courtroom. The author builds on both analytical and methodological perspectives to provide an insight into the phenomenon of legal pluralism across global legal systems. Chapters introduce a historical perspective to provide readers with the tools for deeper comparative legal research, while also discussing the various methods of comparative law and their usefulness in legal education and research.

Summary: "Law today is incomplete, inaccessible, unclear, underdeveloped, and often perplexing to those whom it affects. In The Legal Singularity, Abdi Aidid and Benjamin Alarie argue that the proliferation of artificial intelligence-enabled technology--and specifically the advent of legal prediction--is on the verge of radically reconfiguring the law, our institutions, and our society for the better. Revealing the ways in which our legal institutions underperform and are expensive to administer, the book highlights the negative social consequences associated with our legal status quo. Given the infirmities of the current state of the law and our legal institutions, the silver lining is that there is ample room for improvement.

This Research Handbook considers many aspects of corporate liability, beginning with a fundamental explanation of what the company is, through depictions of corporate liability in theory, and on to the key areas of liability in practice. While including a timeless distillation of the guiding principles, each contribution explores the emerging boundaries of corporate liability issues so as to bring understanding to new levels. Cross-jurisdictional and interdisciplinary in nature, the contributions cover corporate and participant liability under statutory law, tort and criminal law, and corporate fiduciary and securities law. Specific perspectives include those on corporate vicarious liability, accountability for AI labour, and procedural law challenges.

This insightful book analyses regional constitutional crises, where a large portion of residents no longer believe that the rule of law, as defined by central institutions, governs them. Laying out a framework for effective governance in divided societies, Vito Breda argues that peace and collaboration are linked to managing shared beliefs through constitutional law. Adopting a pragmatic view of regional identity as constantly changing and creating a mistrust of rule by 'others', Breda explores a wide range of case studies, including Hong Kong, Northern Ireland and Quebec, where nationalism and political violence have led to state actions becoming discredited. Particular attention is paid to those concerned with the lingering effects of a colonial past in China.

Originally published in 2012, Dignity Rights is the first book to explore the constitutional law of dignity around the world. In it, Erin Daly shows how dignity has come not only to define specific interests like the right to humane treatment or to earn a living wage, but also to protect the basic rights of a person to control his or her own life and to live in society with others. Daly argues that, through the right to dignity, courts are redefining what it means to be human in the modern world. As described by the courts, the scope of dignity rights marks the outer boundaries of state power, limiting state authority to meet the demands of human dignity.

Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary. This timely Research Agenda provides imaginative solutions to existing and emerging challenges for the study, application, and development of water law. It argues for a dynamic approach to water law, anticipating how water and its relationship to humanity will shift due to climate change, modern societal norms and values, and technological innovation. Bringing together leading experts and rising new voices, this Research Agenda analyses local, national, and international water law.

This incisive Research Handbook addresses the growing recognition within the international law community that natural resource governance and environmental protection are crucial aspects of peace processes, both as a security imperative and as an opportunity for peacebuilding. Examining the impact of international normative and institutional frameworks on environmental peacebuilding, this Research Handbook features contributions from distinguished experts and global case studies on integrated legal approaches to the governance of natural resources.

In this essential primer on the key themes in sports law, Jack Anderson explains how law has become important to all aspects of sport, including participation, administration and the resolution of disputes. Crossing legal jurisdictions and sporting codes, it covers issues ranging from ambush marketing to broadcasting, corruption and doping. Analysing the broad range of actors and stakeholders involved in sport, this concise introduction illustrates how sports law, once the folly of contract law, now engages criminal, competition and international human rights law. The legal nuances to contemporary debates on concussion, the 'gamblification' of sport, the rights of transgender athletes, and sport's flirtation with everything from cryptocurrencies to NFTs and private equity, all come into the orbit of this book.

The reform of the Investor-State Dispute Settlement (ISDS) mechanism has become one of the more controversial issues in the study of international investment law. This concise and insightful book studies the role of the ISDS mechanism in the legalization, and legitimacy, of the international investment law regime. Providing a fresh, interdisciplinary perspective on ISDS through the constructivist theory of international relations, this book argues that reforming ISDS can contribute to the legalization of international investment law, but such a contribution is subject to both "institutional" and "internal" limitations. Based on comparative studies of international regimes, this book cautions against radically institutionalizing the dispute settlement regime through the establishment of the multilateral investment court.

Providing a refreshing take on transitional justice, this thoroughly revised second edition brings together an expanse of scholarly expertise to reconsider how societies deal with gross human rights violations, structural injustices and mass violence. Contextualised by historical developments, it covers a diverse range of concepts, actors and mechanisms of transitional justice, while shedding light on the new and emerging areas in the field. Wholly engaging with the field's upward trajectory, this Handbook explores important new ground on existing issues of transitional justice, including masculinities, witnesses and the role of archives.

This new 5th edition is both comprehensive and up-to-date. The book examines the history and contemporary state of the law of trusts in every jurisdiction of Canada, including the nature of trusts under common law and civil law, and some international jurisdictions such as the Commonwealth jurisdictions and the United States where Canadian trust law is increasingly sought. You will gain insight into the creation and administration of express trusts; trust termination; conflict of laws, including the Hague Convention on the Recognition of Trusts; the variety of uses to which the trust is applied; and the law concerning remedial trusts (for example, resulting and constructive trusts), especially in matrimonial law.

Summary: Although it is often referred to as "the third branch of private law", alongside contract and tort, the law of unjust enrichment and restitution is not well understood. The Canadian Law of Unjust Enrichment and Restitution, 2nd Edition is the only text that accurately reflects the modern Canadian law of restitutionary liability and has been thoroughly updated since the first edition published 8 years ago. Written by Mitchell McInnes - Canada's leading authority on the law of unjust enrichment - this treatise explains this complex area in a straight-forward manner.

Summary: "The Law of Professional Regulation, 2nd Edition is a comprehensive textbook about professional regulation and potential liability of regulatory bodies. This unique resource reviews relevant court and tribunal decisions since 2004, discusses long-standing principles which guide these decisions, and provides an in-depth discussion of the procedural elements of professional regulatory offences. In this second edition, author Bryan Salte comments the many changes that have occurred since the first edition, including the Supreme Court's decision in Canada (Minister of Citizenship and Immigration) v. Vavilov."--pub. desc.

Summary: "This text brings together in a summary, yet comprehensive, way the field of mental health law. As a casebook, it is specifically suited to students in law school, articling students, and junior lawyers or lawyers newly interested in practicing any kind of mental health law in any jurisdiction in Canada"-- Provided by publisher.

This timely book offers a comprehensive exploration of the issue of transaction avoidance in the European Union (EU). Contributing to the formation of harmonised avoidance rules in the EU, it analyses the existing transaction avoidance regimes in cross-border scenarios as provided by the Recast European Insolvency Regulation and other EU regulations. Combining a private international law approach with substantive rules of transaction avoidance to improve the EU insolvency system, Oriana Casasola examines the theoretical framework of transaction avoidance and harmonisation.

The Brussels I-bis Regulation remains the most significant legal instrument for procedural law in the EU, providing the cornerstone for questions of international jurisdiction and enforcement of judgments in civil and commercial matters. This authoritative book provides a thorough and practical analysis of the Regulation, with particular focus on its implementation and application. With comprehensive coverage of the relevant CJEU case law, and rigorous analysis of the jurisprudence of the Brussels Regulation, this book acts as both a detailed reference work for the understanding and practical application of the Regulation, and a roadmap for its future.

By engaging with ongoing discussions surrounding the scope of cross-border regulation, this expansive Research Handbook provides the reader with key insights into the concept of extraterritoriality. It offers an incisive overview and analysis of one of the most critical components of global governance. Authored by central voices in the global extraterritoriality debate, the Research Handbook on Extraterritoriality in International Lawoffers legal, interdisciplinary and regional perspectives on this evolving field. It covers a variety of issues, such as the economics of extraterritorial crime, judicial extraterritoriality, and extraterritorial human rights obligations.

This ground-breaking book demonstrates that states are not attentive enough to the serious human rights implications of trade mark protection. Important rights to freedom of expression, health, life, benefits from science and culture, privacy, a fair trial and protection from discrimination and hate speech are often insufficiently addressed. The book develops an original approach that enables policy-makers to realise these rights, advocating for the development of a global human rights culture for trade marks. Using diverse examples from Australia, Uruguay, Europe, the United States and Kenya, Genevieve Wilkinson explores how trade mark protection can both promote and restrict human rights.

Addressing one of the most pressing environmental issues, this topical book carefully inspects the current extent of the plastic pollution crisis and observes contemporary approaches to its regulation. By adopting a strong interdisciplinary approach, the book fully encapsulates the key challenges and solutions surrounding this globally applicable problem. Through critical analysis, this insightful book methodically identifies the faults in existing efforts to tackle the problem of plastic pollution such as often-fragmented regulation tactics, proposing potential approaches to policy reform. It utilizes stakeholder analysis to offer a study of key participants such as governments and industries and comprehensively surveys the ongoing nature of this provocative issue.