Rettsvitenskap

There is a fundamental mismatch between the global trade rules as they govern international economic behaviour and the political economic factors influencing domestic policy making. It comes as no surprise, therefore, that the multilateral trading system is in crisis. Countries are increasingly turning to bilateral and regional (and mega-regional) trade deals to push forward their trade agenda. There is far less consensus around these next-generation trade agreements which reach into every aspect of domestic policy-making. At this time, more than ever, policy-makers, treaty negotiators, and scholars and students of international law need to understand the ways in which this growing regime of international trade and investment impacts regulatory decisions. This book demonstrates how seemingly disparate spheres of legal theory and practice (investment incentives, patent protection, land reform, etc.) are all linked together through the lens of international trade and investment, while also offering solutions in the form of new negotiating texts and country examples as a way forward toward a new multilateral trade and investment regime. Furthermore, each chapter identifies the regulatory challenges facing countries.

Livestock food systems need to be rapidly rethought to tackle the global climate crisis. This book examines how climate concerns for the livestock sector are governed in international law and addresses the sector's inclusion or (lack thereof) across the international governance of climate change, agriculture, forests and trade.The book provides a wide-ranging analysis of legal regimes on the international level that affect emissions from cattle (and where relevant, livestock more broadly). On this basis, tensions, interactions, and common themes for livestock emissions mitigation across the international climate change, forestry, agricultural and agri-trade regime are identified. This showcases where productive synergies and damaging tensions have emerged across the cross-cutting nature of livestock governance, enabling goals of fairer and more effective emissions mitigation for the sector to be achieved. In addition to addressing issues such as food security and public health, the book highlights the problem of affluence in reducing cattle emissions from meat consumption. This key insight is significant in terms of tackling future livestock emissions trajectories, particularly in relation to securing climate justice within the agricultural sector and securing equitable and effective livestock solutions. The book is a key text for all those with an interest in the legal governance of climate change and agriculture, adding to the timely debate on the future sustainability of the global diet and the relationship between affluence and climate change.

This book poses the question: do we need a new body of regulations and the constitution of new regulatory agents to face the evolution of money in the Fourth Industrial Revolution? After the Global Financial Crisis and the subsequent introduction of Distributed Ledger Technologies in monetary matters, multiple opinions claim that we are in the middle of a financial revolution that will eliminate the need for central banks and other financial institutions to form bonds of trust on our behalf. In contrast to these arguments, this book argues that we are not witnessing a revolutionary expression, but an evolutionary one that we can trace back to the very origin of money. Accordingly, the book provides academics, regulators, and policy makers with a multidisciplinary analysis that includes elements, such as the relevance of intellectual property rights, which are disregarded in the legal analysis of money. Furthermore, the book proposes the idea that traditional analyses on the exercise of the lex monetae ignore the role of inside monies and technological infrastructures developed and supported by the private sector, as exemplified in the evolution of the cryptoassets market and in cases such as Banco de Portugal v Waterlow & Sons.The book puts forward a proposal for the design and regulation of new payment systems and invites the reader to look beyond the dissemination of individual Distributed Ledger Technologies like Bitcoin.

This book offers a timely and detailed examination of the reality of criminal legal practice today. Drawing upon extensive anonymous interviews with criminal lawyers in England and Wales, it illuminates how financial pressures arise within the criminal justice system and how lawyers seek to navigate them. It explores the way the work of criminal lawyers is frequently depicted in the news and media as exciting, well-paid and worthwhile, with prosecutors aiming to convict the guilty and defence lawyers fighting against miscarriages of justice. In contrast, the picture reported by many is of an already creaking and under-resourced system, now exacerbated by fallout from the COVID-19 pandemic. Against this backdrop, the book considers whether the criminal legal aid system really can continue to provide those unable to afford a lawyer with access to justice and whether the Crown Prosecution Service can provide justice to victims of crime. The book presents detailed findings about the work and experiences of both prosecutors and defence lawyers, how financial pressures influence this and to what extent this has changed with the new ways of working brought about by the COVID-19 pandemic.

This book explains the doctrines of misrepresentation, mistake and non-disclosure as they affect the drafting and interpretation of contracts. It then analyses the consequences of each, as well as the remedies available to parties in each case.

Why do people represent themselves? What works and what doesn't for self-represented parties? And how can we improve Litigant in Person (LiP) experiences to make the civil justice system fairer?Based on in-depth interviews with individuals who have acted as Litigants in Person in the civil courts, the book provides the first full-length account of LiP experiences. The author shines a light on how much we don't know about LiPs, the civil justice system, and LiPs' place within it, as well as the kinds of things we ought to be doing to improve access to justice for unrepresented parties.Perfect for scholars of administrative justice, access to justice, court reform and legal aid, as well as government bodies and non-profit organisations, this book generates insight into meaningful methods of what works and what doesn't work for self-represented parties, based on the real-life experiences of LiPs.

This book considers the governance of autistic defendants and offenders in the UK courts.Utilising the social model of disability, it considers the dominant strategies of governance, including 'vulnerability', which the author argues obscure the rights of disabled people in the criminal justice system. In doing so it sheds light on how this group should be governed. Drawing on rigorously-researched case studies of autistic adult defendants through the court process, the book brings together relevant legal and policy literature, criminological and criminal justice theory and disability studies to provide insight into the 'dividing practices' that affect the governance of disabled defendants' conduct. Using interviews with elites and practitioners, textual analysis, and court observation of 8 adult defendants with autism through their court process, the book investigates why the status of autistic defendants as disabled under the Equality Act 2010 has been overlooked in criminal justice policy and criminal court decision-making. It explores the impact of the 'collateral' effects and 'symbiotic harm' of the criminal justice process on family members who support these defendants through the criminal justice process.