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              Reading Age: 19+ Years

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              International Investment Arbitration and Energy Disputes in the EU: The Present and Future of the Energy Charter Treaty
                

              International Investment Arbitration and Energy Disputes in the EU: The Present and Future of the Energy Charter Treaty (Hardback)

              By Alvarez, Gloria M.

              • RRP: $381.99
              • $305.59
              • Save $76.40
              • Pub Date
                8 Apr 21

              This book contributes to a new paradigm shift towards sustaining the Energy Charter Treaty, which remains the key instrument on global energy governance and foreign investment. The book detangles the misunderstandings produced by Achmea and Micula, drawing upon the consequences o...f international energy investments in the EU. The author demonstrates a clear solution where ECT tribunals respect the autonomy of EU law, while resolving intra-EU energy disputes. She achieves this by presenting for the first time comprehensive scholarly, jurisprudential and empirical findings proving that EU Law operates a functional role in analysing breaches of investment treaty protection. If applied effectively, this new approach can produce valid and enforceable intra-EU arbitration awards. At a time when the ECT is being modernised, the conceptual standpoints presented offer a problem-solving approach to assist the arbitrator, academic, policymaker and legal practitioner in understanding both the present and the future of EU energy investments. The book focuses on the low-carbon power sector, including electricity, nuclear and renewable energy disputes. The arguments advanced can be transplanted to other economic sectors and regional investment blocks, including CETA, EU-Singapore, EU-Mercosur, EU-Mexico and the EU-Australia Trade Agreements.
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              ISBN 9781509925056
              Released NZ 8 Apr 2021
              Publisher Bloomsbury Publishing PLC
              Interest Age 19+ years
              Availability
              Available for pre-order, ships once internationally released 8 Apr 2021
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              A Pluralist Theory of Age Discrimination
                

              A Pluralist Theory of Age Discrimination (Hardback)

              By Goosey, Dr Stuart

              • RRP: $347.50
              • $278.00
              • Save $69.50
              • Pub Date
                28 Jan 21

              This book provides a comprehensive theory of age discrimination that can guide the direct and indirect age discrimination provisions of the Equality Act 2010. The Act holds that unequal treatment on the grounds of age and measures that are on their face age-neutral but have the e...ffect of disadvantaging particular age groups are lawful only if the treatment can be shown either to be a 'proportionate means of achieving a legitimate aim' or if the treatment fits into a specifically prescribed exception. In this way, the proportionality test distinguishes justified and unjustified age-differential treatment with only the former legally permissible. This book outlines and defends a pluralist theory of age discrimination that assists in making the distinction between justified and unjustified age-differential treatment. The theory identifies the principles that explain when and why age-differential treatment wrongs people and the principles that can justify this treatment. It is a pluralist theory because it recognises that age-differential treatment can wrong people for a number of different, overlapping reasons, and these different reasons should inform how we apply age discrimination law. The pluralist approach to age discrimination theory can improve legal reasoning in age discrimination cases by articulating the relevant principles and competing interests that are at stake in age discrimination claims. In constructing the theory, the book adopts the reflective equilibrium method. This requires that we examine our initial moral beliefs about age discrimination by seeking coherence with beliefs we have about similar moral and philosophical issues and revising the initial beliefs as a result of challenges to them. In applying this method, the book identifies the following five principles to form a pluralist theory of age discrimination: equality of opportunity, social equality, respect, autonomy and efficiency.
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              ISBN 9781509933761
              Released NZ 28 Jan 2021
              Publisher Bloomsbury Publishing PLC
              Interest Age 16+ years
              Availability
              Available for pre-order, ships once internationally released 28 Jan 2021
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              Access and Cartel Cases: Ensuring Effective Competition Law Enforcement
                

              Access and Cartel Cases: Ensuring Effective Competition Law Enforcement (Hardback)

              By Andersson, Helene

              • RRP: $381.99
              • $305.59
              • Save $76.40
              • Pub Date
                14 Jan 21

              This book examines the legislative patchwork surrounding access to the European Commission's cartel case files. Recent legislative changes have increased the value of the files and have also highlighted the inherent tension between a number of competing interests affecting their ...accessibility. The Commission is undoubtedly caught between a rock and a hard place charged with the task to ensure due process, transparency and effectiveness while at the same time promoting both public and private enforcement of the EU competition rules. The author considers how to best ensure a proper balance between the legitimate, but often diverging interests of parties, third parties and national competition authorities in these cases. The book provides a unique and comprehensive presentation of the EU legislation and case law surrounding access to the Commission's cartel case files. The author examines the question of accessibility from three different perspectives; that of the parties under investigation, cartel victims, and national competition authorities. The author also considers the EU leniency system and whether any legislative changes could make the attractiveness of the system less dependent on the possibilities of cartel victims to access the evidence contained in the Commission's case files.
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              ISBN 9781509942480
              Released NZ 14 Jan 2021
              Publisher Bloomsbury Publishing PLC
              Interest Age 16+ years
              Series Hart Studies in Competition Law
              Availability
              Available for pre-order, ships once internationally released 14 Jan 2021
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              Indigenous Aspirations and Structural Reform in Australia
                 

              Indigenous Aspirations and Structural Reform in Australia (Hardback)

              By Hobbs, Harry

              • RRP: $312.99
              • $250.39
              • Save $62.60
              • Pub Date
                28 Jan 21

              Can the Australian state be restructured to empower Aboriginal and Torres Strait Islander peoples and ensure that their distinct interests are considered in the processes of government? This book provides an answer to that question for Australia and provides guidance for all stat...es that claim jurisdiction and authority over the traditional lands of Indigenous peoples. This includes Canada, New Zealand, and the United States, as well as those less often considered, such as Scandinavian and South American states. By engaging directly with Indigenous Australians' nuanced and complex aspirations, this book presents a viable model for structural reform. It does so by adopting a distinctive and innovative approach: drawing on Indigenous scholarship globally it presents a coherent and compelling account of Indigenous peoples' political aspirations through the concept of sovereignty. It then articulates those themes into a set of criteria legible to Australia's system of governance. This original perspective produces a culturally informed metric to assess institutional mechanisms and processes designed to empower Indigenous peoples. Reflecting the Uluru Statement from the Heart's call for a First Nations Voice, the book applies the criteria to one specific institutional mechanism-Indigenous representative bodies. It analyses in detail the Aboriginal and Torres Strait Islander Commission and the Swedish Sami Parliament, a representative body for the Indigenous people of Sweden. In examining the Sami Parliament the book draws on a rich source of primary and secondary untranslated Swedish-language sources, resulting in the most comprehensive English language exploration of this unique institution. Highlighting the opportunities and challenges of Indigenous representative bodies, the book concludes by presenting a novel and informed model for structural reform in Australia that meets Indigenous aspirations.
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              ISBN 9781509940141
              Released NZ 28 Jan 2021
              Publisher Bloomsbury Publishing PLC
              Interest Age 16+ years
              Availability
              Available for pre-order, ships once internationally released 28 Jan 2021
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              The Offences Against the State Act 1939 at 80: A Model Counter-Terrorism Act?
                

              The Offences Against the State Act 1939 at 80: A Model Counter-Terrorism Act? (Hardback)

              Edited by Coen, Mark

              • RRP: $329.99
              • $263.99
              • Save $66.00
              • Pub Date
                11 Mar 21

              This timely edited collection brings together experts in the fields of legal history, criminal justice, human rights and counter-terrorism law to appraise Ireland's Offences Against the State Act on the eightieth anniversary of its enactment. The origins, development, invocation ...and extension of the powers contained in the legislation are analysed and critiqued using a broad range of methodologies. The book engages fully with the 1939 Act's scope and complexity including consideration of the impact of the Act on issues as diverse as trial by jury, paramilitary organisations, organised crime, disclosure, the rules of evidence, freedom of expression and association, parliamentary oversight of legislation and adherence to international human rights norms. In addition, the interplay of the Act with the universal themes of normalcy, exceptionalism, contagion and due process are explored throughout. This book will appeal to an audience beyond those with a particular interest in the Act itself. It combines historical and contemporary insights with theoretical and practical perspectives that will enrich the reader's understanding of emergency law, wherever it arises.
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              ISBN 9781509931996
              Released NZ 11 Mar 2021
              Publisher Bloomsbury Publishing PLC
              Interest Age 16+ years
              Series Hart Studies in Security and Justice
              Availability
              Available for pre-order, ships once internationally released 11 Mar 2021
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              Data Protection Beyond Borders: Transatlantic Perspectives on Extraterritoriality and Sovereignty
                

              Data Protection Beyond Borders: Transatlantic Perspectives on Extraterritoriality and Sovereignty (Hardback)

              Edited by Fabbrini, Federico; Celeste, Edoardo; Quinn, Dr John

              • RRP: $329.99
              • $263.99
              • Save $66.00
              • Pub Date
                25 Feb 21

              This timely book examines the tension between efforts by legal systems to impose their data protection standards beyond their borders and claims by states to assert sovereignty over data. By bringing together renowned international privacy experts from the EU and the US, the book... provides an accurate analysis of all the latest major rulings of the Court of Justice of the EU concerning the extraterritorial application of EU data protection law and discusses the responses that these have triggered in the US. The chapters explore recent legal and policy developments both in the private and law enforcement sector, including: - the new EU proposals on digital sovereignty; - the US federal data privacy bill; - the EU-US agreement on e-evidence; - the US-UK CLOUD Act Agreement. All of the topics are thoroughly examined and presented in an accessible way that will appeal to scholars in the field of law, political science and international relations, as well as to a wider and non-specialist audience. An essential guide to understand contemporary challenges to data protection across the Atlantic.
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              ISBN 9781509940660
              Released NZ 25 Feb 2021
              Publisher Bloomsbury Publishing PLC
              Interest Age 16+ years
              Availability
              Available for pre-order, ships once internationally released 25 Feb 2021
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              New Medicalism and the Mental Health Act
                 

              New Medicalism and the Mental Health Act (Paperback)

              By Fanning, Dr John

              • RRP: $190.99
              • $152.79
              • Save $38.20
              • Pub Date
                26 Nov 20

              Ten years have passed since the Mental Health Act (MHA) 2007 came into force in England. An amending statute, the Act reformed the MHA 1983 and reshaped the law governing the compulsory care and treatment of people suffering from mental disorders. Primarily driven by concerns abo...ut risk, it sought to remove legalistic obstacles to civil commitment and extend the law's coercive reach into the community. At the time of its introduction, the 2007 Act was written off as a retrograde step and a missed opportunity for radical, rights-focused reform. Despite this, little attention has been paid to its impact in the years since. Published to coincide with the tenth anniversary of the 2007 Act, this book offers a timely evaluation of mental health law and policy in England. It argues that the current MHA defies easy categorisation within any of the descriptive models which have customarily narrated the mechanics of civil commitment, namely 'legalism', 'new legalism', and 'medicalism'. It therefore makes the case for a new model - new medicalism - to account for the 2007 Act's enhancement of the discretion of mental health professionals for the express purposes of facilitating the management of situations of risk. In doing so, the book: critically examines the problems inherent in civil commitment frameworks organised around the concept of risk; explores the theoretical foundations of new medicalism; considers the challenges facing proponents of future reform in the era of the UN Convention on the Rights of Persons with Disabilities; and, reflects on the 2007 Act's practical impact.
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              ISBN 9781509943739
              Released NZ 26 Nov 2020
              Publisher Bloomsbury Publishing PLC
              Interest Age 19+ years
              Availability
              Available for pre-order, ships once internationally released 26 Nov 2020
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              Punishment and Private Law
                

              Punishment and Private Law (Hardback)

              Edited by Bant, Professor Elise; Courtney, Wayne; Goudkamp, Dr James; Paterson, Jeannie

              • RRP: $416.99
              • $333.59
              • Save $83.40
              • Pub Date
                11 Mar 21

              Does private law punish? This collection answers this complex but compelling question. Lawyers from across the spectrum of the law (contract, tort, restitution) explore exactly how it punishes wrong doing. These leading voices ask whether that punishment is effective and what its... societal role might be. Taking the discussion out of the technical and into a broader realms of a wider purpose, it is both compelling and thought-provoking.
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              ISBN 9781509939152
              Released NZ 11 Mar 2021
              Publisher Bloomsbury Publishing PLC
              Interest Age 16+ years
              Series Hart Studies in Private Law
              Availability
              Available for pre-order, ships once internationally released 11 Mar 2021
              View details for this title
              Data Protection and Privacy: Data Protection and Artificial Intelligence
                

              Data Protection and Privacy: Data Protection and Artificial Intelligence (Hardback)

              Edited by Hallinan, Dara; Leenes, Ronald; De Hert, Paul

              • RRP: $260.50
              • $208.40
              • Save $52.10
              • Pub Date
                14 Jan 21

              This book brings together papers that offer conceptual analyses, highlight issues, propose solutions, and discuss practices regarding privacy, data protection and Artificial Intelligence. It is one of the results of the thirteenth annual International Conference on Computers, Pri...vacy and Data Protection, CPDP, held in Brussels in January 2020. The development and deployment of Artificial Intelligence promises significant break-throughs in how humans use data and information to understand and interact with the world. The technology, however, also raises significant concerns. In particular, concerns are raised as to how Artificial Intelligence will impact fundamental rights. This interdisciplinary book has been written at a time when the scale and impact of data processing on society - on individuals and on social systems - is becoming ever starker. It discusses open issues as well as daring and prospective approaches and is an insightful resource for readers with an interest in computers, privacy and data protection.
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              ISBN 9781509941759
              Released NZ 14 Jan 2021
              Publisher Bloomsbury Publishing PLC
              Interest Age 16+ years
              Series Computers, Privacy and Data Protection
              Availability
              Available for pre-order, ships once internationally released 14 Jan 2021
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              Executive Decision-Making and the Courts: Revisiting the Origins of Modern Judicial Review
                

              Executive Decision-Making and the Courts: Revisiting the Origins of Modern Judicial Review (Hardback)

              Edited by Arvind, Tt; Kirkham, Richard; Sithigh, Daithi Mac; Stirton, Lindsay

              • RRP: $399.50
              • $319.60
              • Save $79.90
              • Pub Date
                11 Feb 21

              In this book leading experts from across the common law world assess the impact of three seminal House of Lords' judgements; Padfield v Minister of Agriculture; Conway v Rimmer; and Anisminic v Foreign Compensation Commission, all of which were decided in 1968. Together with Ridg...e v Baldwin decided five years earlier, this 'Quartet' has been widely taken to have marked a turning point in the development of court-centred administrative law, leading directly to the emergence of modern judicial review. These cases are examined in order to interrogate not only the courts' role in the protection of individual rights and interests against executive over-reach, but also the broader question of the contribution the judiciary can make to developing and maintaining good government in the United Kingdom. By doing so, the book sheds new light on both the complex processes through which the modern system of judicial review emerged, and the normative and constitutional choices that are implicit in its jurisprudence. It further reflects upon the choices made and their implications for how the achievements, failings, and limitations of the common law in reviewing actions of the executive can be evaluated.
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              ISBN 9781509930333
              Released NZ 11 Feb 2021
              Publisher Bloomsbury Publishing PLC
              Interest Age 19+ years
              Availability
              Available for pre-order, ships once internationally released 11 Feb 2021
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