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Academic Insights for the Thinking World

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The conservation of biodiversity: thinking afresh

In many walks of life there is much talk about “disruptive” developments which bring change that shatters the established way of doing things. In relation to the conservation of biodiversity, we can see two very different developments which might have such an effect on the conventional legal approaches.

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AJLH

How legal history shapes the present

The field of “legal history” studies the relationship that “law” and legal institutions have to the society that surrounds them. “Law” means everything from local regulations and rules promulgated by administrative agencies, to statutes and court decisions. Legal history is interested in how “law” and legal institutions operate, and how they change over time in reaction to changing economic, social, and political conditions.

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9780198748335

Brexit and employment law: a bonfire of red tape?

If you’ve been following the Brexit debate in the media, you no doubt will have noticed how European employment laws are frequently bandied around as the sort of laws that Britain could do without, thank you very much. As welcome as a giant cheesecake at the Weight Watchers Annual Convention, the European Working Time Directive is never far away from the lips of Brexiters.

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9780190243494

Addressing Japanese atrocities

After decades of tension over Japan’s failure to address atrocities that it perpetrated before and during World War II, the island nation’s relations with its regional neighbors, China and South Korea, are improving. Six weeks ago, for the first time in years, representatives of Japan’s Upper House resumed exchanges with Chinese parliamentarians.

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9780198748342

The Trade Union Bill 2016 and its likely effect on strike action

Making its way through parliament at present is the Trade Union Bill 2016, which at the time of writing is at the report stage of the House of Lords. The Bill has been the subject of much debate, both in parliament and the press. This article will consider the likely impact of its main strike provisions, should they come into force.

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business law lee roach

The ‘Panama Papers’ and corporate transparency: The UK perspective

In early 2015, confidential documents were leaked to Süddeutsche Zeitung, a German newspaper. The documents leaked came from the internal database of Mossack Fonseca, a Panamanian law firm. Working with the International Consortium of Investigative Journalists and media organizations from around the world, the documents (which became known as the ‘Panama Papers’) were analysed and, on the 3 April 2016, media organizations around the world published their findings.

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9780195384048

From domestic violence to coercive control

When a major obstacle is removed to our progress, idealist intellectuals like myself rejoice. I was introduced to one such obstacle in the early l970s, when a woman hiding from her abusive husband in our home told us “violence wasn’t the worst part.” Like the millions of other victimized women we have served in the ensuing years, she understood that the prevailing equation of partner abuse with domestic violence has little relation to her lived experience of oppression.

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An absence of fairness: the Trade Union Bill

According to Sajid Javid, the Secretary of State for Business Innovation and Skills (BIS), the Trade Union Bill currently before Parliament is ‘not a ban on strike action. This is about ensuring that our rules are modern and right and fit for today’s workplace’. As the Bill progresses through the House of Lords, Mr Javid’s rosy view has been challenged by the International Labour Organisation (ILO).

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9780199914081

Zubik v. Burwell: The HSA/HRA alternative

Last Tuesday, the US Supreme Court issued an unusual order in Zubik v. Burwell. In Zubik, religious employers including the Little Sisters of the Poor, East Texas Baptist University and Southern Nazarene University object to the federal regulations governing birth control coverage for their employees. These regulations permit these religious employers to elect against providing such coverage.

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OUP International Law

Preparing for the 110th ASIL Annual Meeting

This year’s ASIL Annual Meeting will take place from March 30 to April 2, at the Hyatt Regency Capitol Hill in Washington, D.C. The conference theme will focus on ‘Charting New Frontiers in International Law’, and evaluate the shifts that are creating new frontiers in the physical and conceptual structure of our international order.

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9780190601126

The quest for human rights

Planet Earth is becoming ever more interconnected and complicated. In this context, the quest for common interests is imperative in dealing with problems in international law and global affairs. International cooperation at every level is essential in achieving minimum and optimum world order—and with it human dignity and human security.

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OUP International Law

Addressing new frontiers in international law

International criminal tribunals are in trouble. Lines are blurring between international legal systems. It’s increasingly difficult to balance the benefits of open trade with the negative impact of its volatility. Rhetoric around border and migration control is vociferous. At the American Society of International Law’s annual meeting (30 March – 2 April 2016), academics and practitioners will address the theme ‘Charting New Frontiers in International Law’.

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9780199463480

Transplanting India’s patent laws

Recently, patent reforms in different parts of the world have shown an emerging trend towards the emulation of Indian patent law. Countries like China, South Africa, Botswana and Brazil are now trying to amend their domestic patent laws based on India’s model. The Philippines was among the first countries to emulate India’s patent regime.

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