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Global Environmental Governance and the Accountability Trap
An examination of whether accountability mechanisms in global environmental governance that focus on monitoring and enforcement necessarily lead to better governance and better environmental outcomes. The rapid development of global environmental governance has been accompanied by questions of accountability. Efforts to address what has been called “a culture of unaccountability” include greater transparency, public justification for governance decisions, and the establishment of monitoring and enforcement procedures. And yet, as this volume shows, these can lead to an “accountability trap”—a focus on accountability measures rather than improved environmental outcomes. Through anal...
The Exploitation of Intellectual Property Rights
This perceptive book focuses on the interplay between the substantive provisions of intellectual property (IP) rights and the rules of enforcement. Featuring contributions from internationally recognised IP scholars, the book investigates different methods of ensuring that IP contractual and enforcement practices support the overall goals of the IP system.
The Global South and Comparative Constitutional Law
This volume makes a timely intervention into a field which is marked by a shift from unipolar to multipolar order and a pluralization of constitutional law. It addresses the theoretical and epistemic foundations of Southern constitutionalism and discusses its distinctive themes, such as transformative constitutionalism, inequality, access to justice, and authoritarian legality. This title has three goals. First, to pluralize the conversation around constitutional law. While most scholarship focuses on liberal forms of Western constitutions, this book attempts to take comparative law's promise to cover all major legal systems of the world seriously; second, to reflect critically on the episte...
Public Accountability
The most comprehensive survey to-date of how different organizations hold persons acting in the public interest to account.
China's Long March Toward Rule of Law
China has enjoyed considerable economic growth in recent years in spite of an immature, albeit rapidly developing, legal system, a system whose nature, evolution and path of development have been poorly understood by scholars. Drawing on his legal and business experience in China as well as his academic background in the field, Peerenboom provides a detailed analysis of China's legal reforms. He argues that China is in transition from rule by law to a version of rule of law, though most likely not a liberal democratic version as found in economically advanced countries in the West. Maintaining that law plays a key role in China's economic growth, Peerenboom assesses reform proposals and makes his own recommendations. In addition to students and scholars of Chinese law, political science, sociology and economics, this will interest business professionals, policy advisors, and governmental and non-governmental agencies as well as comparative legal scholars and philosophers.
Transnational Law
Offers a comprehensive exploration of transnational law and advances a framework for investigating transnational regulatory institutions.
Mobilizing Gay Singapore
From private meetings in living rooms in the 1990s to the emergence of annual rallies and decriminalization campaigns in the past six years, Singapore's gay rights activists have sought equality and justice in a state that does not recognise their rights to seek protection of their civil and political liberties. In her groundbreaking book,æMobilizing Gay Singapore, Lynette Chua tells the history of the gay rights movement in Singapore and asks what a social movement looks like under these circumstances. She examines the movementÍs emergence, development, strategies, and tactics, as well as the roles of law and rights in social processes. Chua uses in-depth interviews with gay activists, observations of the movement's activities, movement documents, government statements, and media reports. She shows how activists deploy "pragmatic resistance" to gain visibility and support, and tackle political norms that suppress dissent, while avoiding direct confrontations with the state.
Fundamentals of Criminal Law
Written by a noted expert in criminal law, this book explores the philosophical underpinnings of the law's major doctrines concerning actus reus, mens rea, and defences, showing that they are not always driven by culpability. They are grounded also in principles of moral responsibility, ascriptive responsibility, and wrongdoing. As such, they engage wider debates about wrongdoing, and about the boundaries between liability and freedom. This multi-textured analysis allows this book to take more nuanced positions about many important controversies in criminal law. It argues, for example, that liability for omissions and for negligence-and even some strict liability elements-can sometimes be le...
