Description : Is there universalism of human rights? If so, what are its scope and limits? This book is a doctrinal attempt to define universalism of human rights, as well as its scope and limits. The book presents tests of universalism on international, regional and national constitutional levels. It is maintained that universalism of human rights is both a ‘concept’ and a ‘normative reality’. The normative character of human rights is scrutinized through the study of international and regional agreements as well as national constitutions. As a consequence, limitations of normativity are identified, usually on the international level, and take the form of exceptions, reservations, and interpretations. The book is based on the General and National Reports which were originally presented at the 18th International Congress of the International Academy of Comparative Law in Washington D.C. 2010.
Description : This book builds on Claudia Orange’s award-winning Treaty of Waitangi, using a wonderful range of photographs, maps and paintings to bring the Treaty’s history to life. Depictions of key players and moments sit alongside a clear and informative text that helps explain the history of this key document. Two peoples meeting, agreements made and broken, claims and protests: all are a part of the story of the Treaty from before its signing to the present day. Never before have the Treaty’s varied stories been made so accessible the general reader.
Description : Aboriginal title represents one of the most remarkable and controversial legal developments in the common law world of the late-twentieth century. Overnight it changed the legal position of indigenous peoples. The common law doctrine gave sudden substance to the tribes' claims to justiciable property rights over their traditional lands, catapulting these up the national agenda and jolting them out of a previous culture of governmental inattention. In a series of breakthrough cases national courts adopted the argument developed first in western Canada, and then New Zealand and Australia by a handful of influential scholars. By the beginning of the millennium the doctrine had spread to Malaysia, Belize, southern Africa and had a profound impact upon the rapid development of international law of indigenous peoples' rights. This book is a history of this doctrine and the explosion of intellectual activity arising from this inrush of legalism into the tribes' relations with the Anglo settler state. The author is one of the key scholars involved from the doctrine's appearance in the early 1980s as an exhortation to the courts, and a figure who has both witnessed and contributed to its acceptance and subsequent pattern of development. He looks critically at the early conceptualisation of the doctrine, its doctrinal elaboration in Canada and Australia - the busiest jurisdictions - through a proprietary paradigm located primarily (and constrictively) inside adjudicative processes. He also considers the issues of inter-disciplinary thought and practice arising from national legal systems' recognition of aboriginal land rights, including the emergent and associated themes of self-determination that surfaced more overtly during the 1990s and after. The doctrine made modern legal history, and it is still making it.
Description : Consumer law and policy continues to be of great concern to both national and international regulatory bodies, and the second edition of the Handbook of Research on International Consumer Law provides an updated international and comparative analysis of the central legal and policy issues, in both developed and developing economies.
Description : Developing insights from a number of disciplines and with a details analysis of legislation, case law and academic theory, Product Safety and Liability Law in Japan contributes significantly to the understanding of contemporary Japan, its consumers and its law. It is also of practical use to all professionals exposed to product liability regimes evolving in Japan and other major economies.
Description : Most histories of European appropriation of indigenous territories have, until recently, focused on conquest and occupation, while relatively little attention has been paid to the history of treaty-making. Yet treaties were also a means of extending empire. To grasp the extent of European legal engagement with indigenous peoples, Empire by Treaty: Negotiating European Expansion, 1600-1900 looks at the history of treaty-making in European empires (Dutch, Spanish, Portuguese, French and British) from the early 17th to the late 19th century, that is, during both stages of European imperialism. While scholars have often dismissed treaties assuming that they would have been fraudulent or unequal, this book argues that there was more to the practice of treaty-making than mere commercial and political opportunism. Indeed, treaty-making was also promoted by Europeans as a more legitimate means of appropriating indigenous sovereignties and acquiring land than were conquest or occupation, and therefore as a way to reconcile expansion with moral and juridical legitimacy. As for indigenous peoples, they engaged in treaty-making as a way to further their interests even if, on the whole, they gained far less than the Europeans from those agreements and often less than they bargained for. The vexed history of treaty-making presents particular challenges for the great expectations placed in treaties for the resolution of conflicts over indigenous rights in post-colonial societies. These hopes are held by both indigenous peoples and representatives of the post-colonial state and yet, both must come to terms with the complex and troubled history of treaty-making over 300 years of empire. Empire by Treaty looks at treaty-making in Dutch colonial expansion, the Spanish-Portuguese border in the Americas, aboriginal land in Canada, French colonial West Africa, and British India.