This book deals with human rights in European criminal law after the Lisbon Treaty. Doubtless the Lisbon Treaty has constituted a milestone in the development of European criminal justice. Not only has the reform following the Treaty given binding force to the EU Charter of Fundamental Rights, but furthermore it has paved the way for unprecedented forms of supranational legislation. In this sce…
International criminal law has witnessed a rapid rise after the end of the Cold War. The United Nations refers to the birth of a new 'age of accountability', but certain historical objections, such as selectivity or victor's justice, have never fully gone away, and many of the justice dimensions of international criminal law remain unexplored. Various critiques have emerged in socio-legal schol…
This is a case study of legal transplant, economic development, cultural adaptation and political integration. Hong Kong's journey from British entrepôt to China's international financial centre is one of the most interesting legal stories of our time. But Hong Kong's future is even more interesting: will this region with British-origin institutions survive full integration into China and beco…
H. Patrick Glenn (1940–2014), Professor of Law and former Director of the Institute of Comparative Law at McGill University, was a key figure in the global discourse on comparative law. This collection is intended to honor Professor Glenn's intellectual legacy by engaging critically with his ideas, especially focusing on his visions of a 'cosmopolitan state' and of law conceptualized as 'trad…
A Feminist Critique of Police Stops examines the parallels between stop-and-frisk policing and sexual harassment. An expert whose writing, teaching and community outreach centers on the Constitution's limits on police power, Howard Law Professor Josephine Ross, argues that our constitutional rights are a mirage. In reality, we can't say no when police seek to question or search us. Building on …
Recent atrocities have ensured that terrorism and how to deal with terrorists legally and politically has been the subject of much discussion and debate on the international stage. This book presents a study of changes in the legal treatment of those perpetrating crimes of a political character over several decades. It most centrally deals with the political offence exception and how it has cha…
Today, many people agree that the EU lacks solidarity and needs a social dimension. This debate is not new, but until now the notion of a 'social Europe' remained vague and elusive. To make progress, we need a coherent conception of the reasons behind, and the agenda for, not a 'social Europe', but a new idea: a European Social Union. We must motivate, define, and demarcate an appropriate notio…
This book investigates the regime of consumer benchmarks in the Unfair Commercial Practices Directive and explores to what extent this regime meets each of the goals of the Directive. In particular, it assesses whether the consumer benchmarks are suitable in terms of achieving the three goals of the Directive: achieving a high level of consumer protection, increasing the smooth functioning of t…
Fragmentation has been much discussed as a threat to international law as a legal system. This book contends that the fragmentation of international law is far exceeded by its convergence, as international bodies find ways to account for each other and the interactions of emerging sub-fields. Reasserting its role as the 'principal judicial organ of the United Nations', the International Court o…
This book explains, compares and evaluates the social and legal functions of adoption within a range of selected jurisdictions and on an international basis. It updates and extends the second edition published by Springer in 2009. From a standpoint of the development of adoption in England & Wales and the changes currently taking place there, it considers the process as it has evolved in other …