New Books in the TRU Law Library

The Research Handbook on Environmental, Social and Corporate Governancepresents a comprehensive view of a rapidly evolving area of study. Adopting a comparative approach, it goes beyond issues of sustainability and human rights, covering the whole spectrum of ESG and its regulatory developments. Astutely organized into clearly defined and thematic sections, chapters tackle classic questions relating to corporate governance, assess the current state of ESG and address important issues arising from its development.

This timely book discusses the problem of State responsibility in connection with terrorist acts committed by non-State actors. It provides a detailed assessment of the consequences of wrongful acts of the State using contemporary examples such as the Bosnian Genocide, 9/11, and the 2016 and 2020 Nice attacks. State Responsibility and Terrorism underlines the conceptual foundations of State responsibility before expertly examining the consequences for the commission of terrorist acts, complicity, and the failure to prevent and punish these crimes. Also, the book explores how conditions for the lawful use of force change according to State involvement, simultaneously dissecting the feasibility of complicity between States and non-State actors for terrorist conduct.

This topical book provides fresh insight into the ways culture interconnects with and is treated by EU economic law and policy. Contributing authors pose key questions pertaining to the nature, scope and extent of the competence of the EU and its member states in the field of culture. Incisive in nature, this book brings together esteemed academics and practitioners to advance understanding of the Union as a cultural market economy and effectively surveys the ways in which the EU has been able to pursue cultural policy aims within the context of its internal market and external trade policies.

Foregrounding the importance of schemata in learning, Teaching Lawyering Skillspresents an integrated approach to the overall pedagogical theory of law. Stefan Krieger challenges the traditional stark dichotomy between doctrinal analysis and practice skills, arguing that skills education requires development of strategic reasoning in practice. This fascinating book focuses on two main cross-cutting themes: effective investigation, analysis and presentation of facts; and effective questioning, listening and responding.

This insightful Research Handbook provides an international perspective on the key legal debates surrounding marriage and cohabitation. Drawing on the expertise of established and emerging scholars, a comparative approach is used to analyse cross-jurisdictional trends and divergences in relationship recognition and family formation. Chapter authors explore the contested meanings and changing boundaries of marriage, the scope and role of alternative opt-in regimes, and the justification for conferring rights and responsibilities based on intimate relationships.

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. Bringing together a diverse array of property law specialists, this timely Research Agenda explores the theoretical and doctrinal dimensions of the main subareas of property law. It examines the current tensions between the protection of existing property interests and the need to tackle societal challenges, such as digitalisation, the creation of energy communities, and the climate crisis. Multidisciplinary in scope, A Research Agenda for Property Law analyses various subfields including property theory and constitutional property law, presenting key insights into the role of property law in society.

This fully revised and updated third edition provides a practical examination of legal and regulatory issues in FinTech, a sector whose rapid rise in recent years has produced opportunities for innovation but has also raised new challenges. Featuring insights from over 40 experts from 10 countries, this book analyses the statutory aspects of technology-enabled developments in banking and considers the impact these changes will have on the legal profession. This book will prove an invaluable guide for in-house and private lawyers interested in a comprehensive legal overview of the FinTech sector. It will also appeal to students and scholars of financial law, banking, and economics.

The Research Handbook on Intellectual Property Rights and Arbitrationexplores the complementary relationship between state court adjudication and arbitral proceedings in the context of intellectual property rights. Presenting contemporary research and insight into the scholarly debates on the topic, it provides a comprehensive overview of arbitrating intellectual property disputes on an international scale. Individual chapters consider such questions as the arbitrability of intellectual property disputes, suitable arbitration bodies, and the protection of trade secrets in arbitral proceedings.

The worlds of insolvency and international arbitration have an inherent collision course, coming as they do from very different perspectives but as the business world faces an increasing number of challenges, we are having to look far more closely at how the two co-exist and work together. Richard Bamforth and Kushal Gandhi lead a team of experts from across the two disciplines to consider the effect of insolvency on arbitration agreements; the developing legal theories on the types of matters which are capable of being arbitrated; the issues arising from party insolvency during the course of ongoing arbitral proceedings; and how insolvency affects a person's ability to enforce their arbitral award.

In this thoroughly revised second edition, editors Bård A. Andreassen, Claire Methven O'Brien and Hans-Otto Sano continue to advance current discussions on human rights research methodology, bringing together an array of leading scholars to offer instruction and guidance on different approaches to the subject area. Research Methods in Human Rightsbridges the methodological deficit that is often compounded by the interdisciplinary nature of human rights research, providing an up-to-date assessment of the topic.

In this authoritative book, Ioanna Hadjiyianni and Kleoniki Pouikli incisively map out the regulatory landscape of ship recycling, exploring the main international and European regulatory approaches that govern its environmental impacts. In light of the transnational demands of environmental justice, they critically assess the interaction between multiple regimes from the perspective of key environmental principles and the role of the EU as a global standard setter for shipbreaking. Analysing the complex business of dismantling end-of-life ships, the book takes a deeper look at the practice of shipbreaking and examines the appropriate balance between environmental protection, economic development and social justice.

This comprehensive Research Handbook sets out a systematic analysis of the Paris Agreement taking into account developments since it entered into force in 2016. It explores the treaty's capacity, as an instrument of international law, to compel state action to address the universal threat of climate change. Highlighting the strengths and weaknesses of the Paris Agreement in light of state practice, each chapter contains a critical examination of a separate aspect of the treaty in order to aid understanding of its legal force.

This insightful book analyses the issue of norm erosion in international law by examining arms transfers to non-state actors. Balancing empirical research with legal theory, the author dissects recent case studies, tracing individual changes in norms against a background of systemic transformation. Arms Transfers to Non-State Actorsfollows changes in the prohibition of arms transfers to non-state actors since the pivotal International Court of Justice's Nicaragua ruling in 1986. Hannah Kiel critically discusses the legal developments through relevant case studies, including Abkhazia, Bosnia, Congo, Eastern Ukraine, Kosovo, Libya, Northern Iraq, South Ossetia, Syria and Yemen.

This incisive Research Handbook provides valuable insights into the various methodological approaches to Private International Law (PIL) from regulatory and educational perspectives. It comprehensively unpacks central themes in the field including international jurisdiction, recognition and enforcement, and scrupulously analyses core debates whilst addressing legislative and policy issues. Featuring contributions from carefully selected eminent scholars, the Research Handbook is structured in three thematic sections. The first section explores the divide between public and private approaches to PIL regulation and research, covering human rights perspectives and key private initiatives in regulation.

In this thoroughly revised second edition, Pedro De Miguel Asensio presents a practical analysis of jurisdiction, choice of law, and recognition and enforcement of judgments in the context of online activities, examining areas where private legal relationships are most affected by the Internet. Addressing the tension between the ubiquity of the Internet and the territorial nature of national legal orders, the author sets out the latest developments across multiple jurisdictions in this dynamic field. Written by award-winning author Pedro De Miguel Asensio, Conflict of Laws and the Internet continues to be an essential guide for practitioners and policy-makers with applications for IT law experts and companies active in e-commerce.

The remarkable story of the innovative legal strategies Native Americans have used to protect their religious rights From North Dakota's Standing Rock encampments to Arizona's San Francisco Peaks, Native Americans have repeatedly asserted legal rights to religious freedom to protect their sacred places, practices, objects, knowledge, and ancestral remains. But these claims have met with little success in court because Native American communal traditions don't fit easily into modern Western definitions of religion. In Defend the Sacred, Michael McNally explores how, in response to this situation, Native peoples have creatively turned to other legal means to safeguard what matters to them.

This authoritative Commentary provides an in-depth evaluation of the legislation regulating cross-border insolvency within the European Union. Bringing together a diverse team of legal scholars and practitioners from across the EU, it delivers incisive dissections of the European Insolvency Regulation (EIR) provisions, which define the jurisdiction of the courts of EU Member States in insolvency proceedings as well as the national law that should be applied, and provide for the automatic recognition of judgments along with a regime of coordination between proceedings opened in different Member States.

Outlining a wide range of instructional strategies for different student audiences, Teaching International Lawpresents guidelines and recommendations on best practices for teaching public international law at undergraduate and postgraduate levels, as well as within law schools and legal training programs. The book provides an incisive exploration of assessment mechanisms including examinations and coursework, classroom strategies such as case studies and the Socratic method, course content, and theory, all in the context of Bloom's Taxonomy. Paul F. Diehl and Charlotte Ku note the differences between the US and European or Asian models of teaching international law at the undergraduate level, graduate degree programs, and specialty LLM degrees.

In this incisive book, Robert Kolb sets out a short but nevertheless in-depth analysis of optional declarations for the jurisdiction of the International Court of Justice, and of the various reservations which restrict the jurisdiction. Concise and readable, the book examines the true scope of this jurisdiction once the numerous carve-outs of the reservations are subtracted. Kolb constructs a detailed exploration of the reservations involved and their effects. After an overview of the optional declarations, chapters cover key topics such as reciprocity and how one should interpret the text of the many reservations. They delve into material reservations, including military and security, or reserved domain, territorial reservations and those relating to specific treaties, as well as temporal reservations and finally personal reservations.