Bøger udgivet af Bloomsbury Academic

"This important book offers an ambitious and interdisciplinary vision of how private international law (or, conflict of laws) can and must be at the centre of re-working both our general understandings of law and concrete legal norms in directions that respond to ever-deepening global ecological crises. The author demonstrates why, paradoxically, it is this field of law's specific frontier location at the outpost of the law - where it is viewed from the outside as a mysterious obscurity and from the inside as a self-contained normative world - that generates its potential power to transform law generally and globally. Combining pragmatic and pluralist theory with an excavation of "shadow" ecological dimensions of law, the author, a recognised global expert, offers a truly transnational view. Put simply, it is a generational magnum opus. All international and transnational lawyers, be they in the private and public field, should read this book"--

"This book analyses, comments and further develops on the most important instrument of the Hague Conference on Private International Law (HCCH): the HCCH 2019 Judgments Convention. The HCCH Convention, the product of decades of work, will have a transformative effect on global judicial cooperation in civil matters. This book explores its 'mechanics', i.e. the legal cornerstones of the new Convention (Part I), its prospects in leading regions of the world (Part II), and offers an overview and comment on its outlook (Part III). Drawing on contributions from world-leading experts, this magisterial and ambitious work will become the reference work for law-makers, lawyers and scholars in the field of private international law"--

"This open access book asks whether there is space for particularism in a constitutional democracy which would limit the implementation of EU law. National identity claims are a key factor in shaping our times and the ongoing evolution of the European Union. To assess their impact this collection focuses on the jurisprudence of Czechia, Hungary, Poland, and Slovakia, as they play an essential role in giving life to particularism. By taking particularism as the prism through which they explore the question, the contributors offer a new analytical scheme to evaluate the judicial invocation of identity. This requires an interdisciplinary approach: the study draws on comparative constitutional law, theory, comparative-empirical material and normative-philosophical perspectives. This is a fresh and thought-provoking new study on an increasingly important question in EU law. "--

"This book explores the correlations of diversity and power in UK boardrooms, and the difficulties inherent in truly merit-based appointments. From a distance, boardroom diversity is seen as a UK success story of recent years. A closer look at boardrooms reveals a more uncomfortable truth. The board can be split into tracks of power and diversity. Where there is a concentration in power, genuine diversity is much less prevalent. Using the FTSE 100, the book examines the appointment and retention of the most powerful positions in some of the world's most powerful corporations. Diversity, merit and power are each defined and measured individually, then considered cumulatively, to provide fresh insights into the meaning of corporate power, who wields it, and how it is obtained. This analysis is considered alongside the diversity narratives created by the FTSE100 to frame their position on diversity. From this, the value of corporate 'diversity speak' is challenged, together with the regulatory requirements that result in its production. Those studying or practising corporate law or management and anyone with an interest in corporate power will find this in-depth assessment thought-provoking and informative. From the book's original vantage point, suggestions are made as to how and why we might seek a more balanced distribution of power in the boardroom"--

"This book presents a collection of leading common law cases in private international law ranging from the 18th to the 21st century. The cases traverse issues of jurisdiction, choice of law and the recognition and enforcement of foreign judgments. Questions of marital validity, domicile, foreign immovable property and choice of law in contract are just some of the topics that this collection examines. The 'unusual factual situations' of some 18th- and 19th-century English cases also reveal compelling human interest stories and political controversies worthy of further exploration. Drawing on a diverse team of contributors, this edited collection showcases the research of eminent conflicts scholars together with emerging scholars from the United Kingdom, Australia, Canada and South Africa"--

"This book examines the relationship between tax law and crisis. In times of environmental, financial, and public health breakdown, policymakers look to tax for solutions. Yet these crises also constrain the ways in which tax liabilities can be imposed and administered, and limit the revenues that can be collected. What should governments do in these circumstances and what are the wider consequences for states, societies, and institutions such as the EU? The book shows how crises place strain on the basic functions of tax, including revenue-raising, institution-building, regulation, redistribution, and the structuring of society. These strains bear more heavily on some sections of business and society than others. This makes the tax consequences of crisis unpredictable. It also means that the best choice of legal response is not merely a technical matter. Instead, it engages deeper attitudes towards crisis relief, change, social values, and democratic control. These issues are highlighted by COVID-19 but are of utmost lasting importance. The book takes a comprehensive approach and looks in more depth at the systemic roles that crises play in contemporary tax systems. It features an impressive cast of leading researchers across multiple jurisdictions and is essential for policymakers and scholars alike"--

This book explores the private law implementation of the new international and EU regulatory framework targeting decarbonisation in the shipping industry.Compared with other sectors, the shipping industry has traditionally been labelled a 'slow mover' concerning the sustainability agenda. However, new regulatory measures on carbon reduction both internationally and in the EU require fundamentally new developments in the industry. This book focuses on the goal of carbon reduction from a private law perspective and considers how the new regulatory framework can be implemented in the shipping industry. This book studies existing contractual provisions in charterparties and bills of lading alongside new contractual model clauses designed to facilitate carbon reduction. It considers how the new clauses should be interpreted, whether they will transform traditional shipping contracts into more collaborative contracts, and how they will interact with other clauses in the contract and with other contracts in the supply chain. The contractual analysis is considered in context, reflecting on enforcement issues, such as Port State Control (PSC), the Poseidon Principles, and climate change litigation. The book also analyses the related topic of shipping contracts for carbon storage as a necessary means of meeting carbon reduction targets. The book is intended to pave the way for understanding how core shipping contracts can work in this new context and the extent to which the new types of clauses will profoundly transform contracts. It presents contributions by experienced and younger academics and practitioners from Asian, European and Scandinavian legal systems.

This book looks at the question of extending the reach of the Brussels Ia Regulation to defendants not domiciled in an EU Member State. The Regulation, the centrepiece of the EU framework on civil procedure, is widely recognised as one of the most successful legal instruments on judicial cooperation. To provide a basis for the discussion of its possible extension, this volume takes a closer look at the national rules that currently govern the question of jurisdiction over non-EU defendants in each Member State through 17 national reports. The insights gained from them are summarised in a comparative report and critically discussed in further contributions, which look at the question both from a European and from a wider global perspective. Private international lawyers will be keen to read the findings and conclusions, which will also be of interest to practitioners and policy makers.

"Should grandparents have rights in relation to their grandchildren? If so, what should the content of those rights be, both procedurally and substantively? And what is the appropriate role of the law in providing solutions to problems arising in the context of grandparents' rights? This book considers these questions from both a public and a private law perspective, and analyses the human rights implications for parties such as children, parents and grandparents. It also explores the topic of grandparents' rights in the context of the European Convention on Human Rights and the United Nations Convention on the Rights of the Child, as well as in other jurisdictions, such as Iran, France and Nepal. The book argues that grandparents' rights have so far received insufficient acknowledgement and, consequently, that relationships between grandparents and grandchildren have received insufficient protection. However, it is crucial that the protection of grandparents' rights is balanced with the rights of parents and the rights and welfare of children; the book considers how best to achieve this, for example in disputes on child arrangements (i.e. residence and contact), child protection matters and in adoption cases. The book is of particular interest to all academics seeking a clear framework for the protection of grandparents' rights in private and public law proceedings"--

"This book offers conceptual analyses, highlights issues, proposes solutions, and discusses practices regarding privacy and data protection in transitional times. It is one of the results of the 15th annual International Conference on Computers, Privacy and Data Protection (CPDP), which was held in Brussels in May 2022. We are in a time of transition. Artificial Intelligence is making significant breakthroughs in how humans use data and information, and is changing our lives in virtually all aspects. The pandemic has pushed society to adopt changes in how, when, why, and the media through which, we interact. A new generation of European digital regulations - such as the AI Act, Digital Services Act, Digital Markets Act, Data Governance Act, and Data Act - is on the horizon. This raises difficult questions as to which rights we should have, the degree to which these rights should be balanced against other poignant social interests, and how these rights should be enforced in light of the fluidity and uncertainty of circumstances. The book covers a range of topics, including: data protection risks in European retail banks; data protection, privacy legislation, and litigation in China; synthetic data generation as a privacy-preserving technique for the training of machine learning models; effectiveness of privacy consent dialogues; legal analysis of the role of individuals in data protection law; and the role of data subject rights in the platform economy. This interdisciplinary book has been written at a time when the scale and impact of data processing on society - on individuals as well as on social systems - is becoming ever more important. 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"--

This book proposes a new analysis of the transformation of Europe through integration, exactly 30 years after the beginning of transformation scholarship. It consists of a reconstruction of the development and present condition of European integration in relation to private ordering. Looking at the interface between, on the one hand, the EU constitutional order and, on the other hand, private ordering, the book recounts three major structural transformations over the last six decades. Delving into the private law areas most exposed to the current modernisation wave - consumer law, internal market, lex mercatoria, digitisation, artificial intelligence, data protection, standardised contracts, finance and political economy, and labour - the book critically explores a reconfiguration of Europe's constitutional structures relative to, and that results from, what to some appears to be an almost irresistible rise of private ordering through a transformed hermeneutics (balancing). This is a magisterial survey of European law, European private law, and comparative law seen through a pathbreaking comparative methodology labelled 'juridical comparative hermeneutics' within civil law systems and across the civil-common law divide, which offers innovative analytical tools that afford a deep understanding of the evolution of the disciplines.

Winner of the Hart-SLSA Book Prize 2024This book explores the narratives and experiences of people in the Global South as they encounter the impact of international law in their lives. It looks specifically at approaches to international migrations and the law, as states in the Global South confront migration-related challenges. Taking a case study approach, drawn from the experiences of undocumented and displaced migrants in China and Nigeria, the book shows how informal justice systems not only exist but are upheld. With an innovative analysis drawing both on intersectionality and a Third World Approaches to International Law (TWAIL), it moves away from the classic international versus regional and domestic law approach to reveal the experience of the Third World in relation to the law. This fascinating study will appeal to international law, human rights and immigration scholars, as well as those in the field of development studies.

"This collection of essays contains in-depth analyses of eighteen landmark cases in private international law, from Penn v Lord Baltimore in 1750 to Brownlie v FS Cairo (Nile Plaza) LLC in 2021. The contributors are experts drawn from academia and practice as well as from the bench. Case law has been a central driver in the legal development of the English conflict of laws. Judge-made law does not just supply a source of law itself but also acts as the crucible in which other sources of law - legislation, international Treaty, European regulation, and ideas generated by jurists such as Joseph Story and Albert Venn Dicey - have been tested and applied. This book sheds new light on the past and future evolution of private international law by focusing on the landmark cases which have fundamentally shaped the way that we think about this subject. The focus is on the English common law, but landmarks in Scotland, Australia and Canada are covered as well. Many of them concern disputes between commercial parties; others deal with issues such as marriage and domicile; and some arise from controversies in political, constitutional and international affairs. The landmark cases tackled in this collection address significant issues in civil jurisdiction, governing law, foreign judgments, and public policy. The essays place those landmarks in their historical context, explain their contemporary importance, and consider their future relevance"--

"This book explores 25 medications, therapies, and alternative treatments used to manage anxiety. Discover how they work, their risks, and key research findings"--

"This volume is the first comprehensive overview of Roman experimental archaeology, exploring its key themes, methodologies and applications through a diverse array of international case studies. Each chapter showcases the actual and potential diversity of experimentation as applied to the Roman past. In laying out a detailed guide to Roman experimental archaeology, this volume maps its past, present and future, and provides a firm foundation for further practical research and collaboration"--

"Considering Butler's "tragic trilogy"-a set of interventions on Sophocles' Antigone, Euripides' Bacchae, and Aeschylus's Eumenides-this book seeks to understand not just how Butler uses and interprets Greek tragedy, but also how tragedy shapes Butler's thinking, even when their gaze is directed elsewhere. Through close readings of these tragedies, this book brings to light the tragic quality of Butler's writing. It shows how Butler's mode of reading tragedy-and, crucially, reading tragically-offers a distinctive ethico-political response to the harrowing dilemmas of our current moment"--

The question of antagonism, struggle and dissensus, and their place, limits and value for democracy, has divided deliberative from agonistic theories in recent years and remains the main source of the impasse between them. This open access book seeks to break this impasse by going back to their sources in Kant (for deliberative theories) and Nietzsche (for agonisms) and reframing them as philosophers of conflict. For both philosophers, conflict is part of the 'deep structure' of reality at all levels, and their reflections on its constitutive, constructive and destructive potentials raise fundamental questions that democratic theories can ill afford to ignore. Through a series of text-based comparative studies of Kant's and Nietzsche's philosophies of conflict, Herman Siemens addresses the central question of the book: What does it take to think of conflict, real opposition or contradiction as an intrinsic dimension of reality? Drawing on Kant's pre-critical writings and his historical-philosophical texts and Nietzsche's philosophical physiology and the will to power, chapters examine topics such as logical opposition (contradiction) versus real opposition (Realrepugnanz); idealism as philosophical warfare; the relation between war and peace; destructive versus constructive forms of conflict; resistance as a stimulant; Kant's 'unsociable sociability' and Nietzsche's 'fine, well-planned, thoughtful egoism'; hatred, revenge and the 'slave revolt in morality'. The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Dutch Research Council.

How do metaverse technologies change how we communicate with each other? This book explores how existing metaverse technologies affect our communication, both verbal and non-verbal, as well as the ramifications of these effects.Communication is central to the human experience, and how we currently communicate (and will communicate) can affect our sense of identity and relationships with others, which can have huge long term societal repercussions. Utilising methods of digital ethnography and linguistic landscape, this book takes an in-depth look at what exactly the metaverse is-or will be-and tracks the technological and societal trends that surround it. To do so, it questions what differentiates the metaverse from earlier connected virtual worlds like World of Warcraft or Second Life, and features extracts from interviews with the users and developers of current metaverses, such as Roblox, Minecraft, and Gather.town. It also investigates the impact of the pandemic in changing and accelerating how we communicate in virtual spaces.

"The first full treatment of truth as a core philosophical concept in the late Foucault, this volume examines his work on the ancient world and the early church. Each essay features a deep examination as to how the topics of truth and sexuality intersect with and focus on Foucault's engagement with ancient philosophy and thought. Truth in the Late Foucault offers readings on Plato, Artemidorus, Cicero, Sophocles and the Stoics, and pays close attention to Cassian, Paulinus of Nola, and early Christian practices of confession"--

"This book offers a multi-dimensional analysis of the experiences of faculty, students, and staff at a Canadian university that emphasizes international education, providing an ethnographic lens for understanding globalization and internationalization of higher education on a global scale. It provides valuable insights for higher education program leaders and decision makers to strategically rethink the value and quality of the internationalization activities they engage in and their commitment to ethical internationalization"--

"This is the first book to deal exclusively with ludic interactions with classical antiquity - an understudied research area within classical reception studies - that can shed light on current processes of construction and appropriation of the Greco-Roman world. Classical antiquity has, for many years, been sold as a product and consumed in a wide variety of forms of entertainment. As a result, games, playing and playful experiences are a privileged space for the reception of antiquity"--

"This open-access volume uses archaeological case studies mainly from the European Neolithic, but also from the Pacific, the US Southwest, the medieval Migration Period and the historical Great Lakes, to discuss how a focus on small-scale inter-personal relations can help us understand migration events in archaeology. While most scholarship focuses on migrations that took place (using isotopes and aDNA), this book offers a new approach by exploring ideas about why they happened. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Centre of Advanced Studies in Oslo"--

The Bloomsbury Handbook of Ethics of Care in Transformative Leadership in Higher Education explores how the use of different ethic of care lenses can be used to nurture and sustain relationships within, between and beyond humans as part of the role and responsibilities of HEIs in addressing local and global crises and change. With contributions from four continents, the handbook brings together multi-contextual perspectives to explore ethics of care in the development of the field. Topics explored include leadership praxis, pedagogy, well-being; cultivating and sustaining relationships within and between institutions; post-human relationships and responsibilities. Countries covered include Australia, Canada, Guyana, South Africa, the UK and the USA.The book forms part of the Bloomsbury Handbooks of Crises and Transformative Leadership in Higher Education collection, brought together by Mary Drinkwater.

Texts and images from the Book of the Dead were widely used to decorate the walls of tombs during Egypt's New Kingdom (c. 1550-1077 BCE). Prior research has tended to focus on either individual tombs, or on the contents of papyrus copies of the Book of the Dead. This book focusses on the adaptation of parts of this funerary corpus in individual tombs from the New Kingdom necropolis at Saqqara, with the aim of showing how each tomb's decoration was tailored to the ends of their builders. In doing so, it builds up a picture of the ways in which these developments changed over time, and captures the dynamic and shifting ways in which ancient Egyptians interacted with their funerary texts. This contrasts with the popular image of Egyptian religion as centrally administered and directed, and essentially unchanging over millennia. In fact, choices and forms of texts and images used in tombs changed even within a single generation. Some forms remained popular over long periods, being constantly reused and re-adapted, while others achieved specific and local popularity, or else were abandoned after only a short period of time. This book argues powerfully for the human dimension in ancient Egyptian religion, revealing the ways in which individuals and groups continually reshaped their tradition even as they worked within it. Produced as part of the research project The Walking Dead at Saqqara: The Making of a Cultural Geography, this book is kindly funded by the Dutch Research Council (NWO).The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Dutch Research Council (NWO): 276-30-016.

Xala (1974) by the pioneering Senegalese director Ousmane Sembene, was acclaimed on its release for its scorching critique of postcolonial African society, and it cemented Sembene's status as a wholly new kind of politically engaged, pan-African, auteur film-maker. Centring on the story of businessman El Hadji and the impotence that afflicts him on his marriage to a young third wife, Xala vividly captures the cultural and political upheaval of 1970s Senegal, while suggesting the radical potential of dissent, solidarity and collective action, embodied by El Hadji's student daughter Rama and the group of urban 'undesirables' who act as a kind of raw chorus to the affairs of the neocolonial elite. James S. Williams's lucid study traces Xala's difficult production history and analyses its daring combination of political and domestic drama, oral narrative, social realism, symbolism, satire, documentary, mysticism and Marxist analysis. Yet from its dazzling extended opening sequence of revolution as performance to its suspended climax of redemption through ritualised spitting, Xala presents a series of conceptual and formal challenges that resist a simple reading of the film as allegory. Highlighting often overlooked elements of Sembene's intricate, experimental film-making, including provocative shifts in mood and poetic, even subversively erotic, moments, Williams reveals Xala as a visionary work of both African cinema and Third Cinema that extended the parameters of postcolonial film practice and still resounds today with its searing inventive power.