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This book provides the first comprehensive analysis of the European Union's use of soft law in its external relations, focusing on its legal consistency with the EU Treaties principles and within the EU integration process.

As the EU increasingly turns to informal tools to address international crises in sensitive areas- migration, security, and energy-it offers a comprehensive legal and theoretical analysis of soft law's role in shaping the EU's identity as a global actor. Instead of viewing soft law as a minor or secondary issue, this book sees it as essential to the EU's external governance. Drawing on new EU integration theories, such as the neo-neofunctionalist integration theory, and grounded in constitutional principles, this assessment examines how soft law contributes to legal and institutional development during crises. Through detailed case studies-such as New Pact on Migration and Asylum, the Strategic Compass, and REPowerEU-it introduces a taxonomy of "EU external relations soft law," which is different from both international and internal EU soft law.

The book fills an important research gap and is relevant for students and researchers in the fields of EU law and external relations law. It will also be of interest to international and European law scholars, legal practitioners and those working in EU institutions.

Brexit, international conflicts, and the migrant crisis are among recent events that have tested the UK's relationship with international law. These, alongside the UK's structural approach to international law at the national and devolved levels, have revealed a complex and evolving relationship with international law that has manifested itself in many forms, ranging from the rhetoric of 'global Britain' to withdrawal from international treaties. Against this backdrop, this collection brings together experts in academia, legal practice, and policymaking to interrogate the UK's multi-dimensional relationship with international law. Its aim is to generate reflection on this relationship by placing these dimensions in dialogue with each other. More precisely, it distils this relationship into two lenses and three themes that define the ways in which the United Kingdom interacts with international law. The two lenses capture the UK's bi-directional, or internal and external, relationship with international law, while the three themes focus on specific aspects of the UK's role in relation to international law, namely, the UK's role as a receiver, shaper, and actor obliged to comply with international law. This collection is a must-read for academics, lawyers, students, and policymakers alike.

The book provides a fresh conceptual lens for rethinking international investment contracts as dynamic instruments of governance. Chapters challenge conventional boundaries by questioning established assumptions about the limits of contract law, the role of contracts in global governance, and the relationships between private and public ordering. Contributing authors explore the interdisciplinary nature of the topic, covering issues from historical development, methods of harmonisation, and model contracts to corruption and tensions between investments and the commercial nature of sovereign debt contracts. The book examines both the need for, and the potential to, redesign of international investment contracts for a more resilient and accountable global economy.

Bridging theory and practice, The Redesign of International Investment Contracts is an essential resource for students and scholars of international investment and arbitration law. Practitioners and policymakers in contract, sustainability, and private international law will also benefit from the book's forward-looking and pragmatic approach.

Contributors provide in-depth analysis of concerns related to the methods and procedures in private international law reflecting on their relevance in different legal situations. They illustrate the application and stress testing of traditional approaches and evaluate how specific categories are distinguished according to the vulnerability of the person to be protected, the legal position, and the values to be enhanced. The book considers the role of contractually weaker parties and the torts' victim, and concludes by addressing these values on a global scale.

Values in Private International Law is a vital reference for scholars and students of private international law, European law and comparative law. Its insights will also be pertinent for practitioners, judges, and international lawyers seeking legislation and case law for challenging issues in these evolving fields.

This open access edited collection, the most recent volume in the landmark series Swedish Studies in European Law, takes an ambitious look at the nature and impact of the European Union.

Drawing on expert analysis, it offers a dual perspective by addressing pertinent questions about the constitutional nature of the Union, as well as the evolution of its Internal Market. This approach has never been more timely as the role of the EU in an increasingly turbulent geo-political environment is both important and challenging. Lawyers as well as others will find this an invaluable assessment of the EU and its power to bring about change.

The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Gabriel M. Lentner provides a clear, principled method for deciding when to follow a specific state's law, when a treaty uses a broader shared concept, or when a mix of both is necessary. He bridges domestic and international law by setting out how domestic law concepts enter investment law. The book treats legal concepts as context-dependent inference structures in order to highlight the importance of not simply borrowing domestic meanings in isolation. Lentner critiques a homeward bias in arbitral reasoning, especially when tribunals invoke domestic concepts as general principles of law without meeting the demanding evidentiary threshold under the doctrine of sources of international law.

Scholars and academics of international investment, private international law, and legal theory will benefit from the clear, analytical framework put forward. This book is also an essential resource for investment arbitration practitioners, treaty drafters, and policymakers looking to better understand how domestic law concepts play out in international investment law.

This book explores the existing limits of State aid law within the European Union. By examining the State aid acquis, the book provides a critical analysis of interpretative approaches to two key areas essential to the functioning of the State aid control system: when a measure constitutes State aid and the identification and assessment of its effects.

It argues that the perception of what law can realistically achieve is limited by the assumption that all processes are steerable and that lawmakers are entirely capable of achieving their results as long as they correctly identify causal links, as well as by an implied belief in the continued relevance of interpretative approaches even when they no longer fit evolving realities. The focus is on assessing how well-established interpretative approaches to Article 107 TFEU continue to function and whether they produce unintended consequences as economic conditions and forms of State interventionism evolve. It determines whether the identified limits of law are truly impassable in a complex environment and, where they are not, formulates realistic solutions to improve the functioning of the control system.

The book will be of interest to researchers and practitioners in the field of State aid law, competition law, economics and EU law.

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This open access book looks at the increasingly topical question of sanctions in European Union law, and their recent roles in the Union's external relations and the area of EU criminal law.

Sanctions in EU law is a multifaceted topic as it is a cross-cutting area which engrains and influences very distinctive EU law policies and disciplines. This book adopts a very broad definition and approach to sanctions, examining the use of sanctions in distinctive internal EU policy fields and also within the external context. The collection covers EU economic sanctions, the sanctions regime on Russia, their role in criminal law, and how administrative sanctions work within the Union.

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 Swedish Studies Network.

How should EU law be taught in the present day, with the European Union's post Brexit reality, a continental conflict in Ukraine, and a new digital market?

The answer is provided by this important new textbook. With a unified analytical voice, it provides a comprehensive overview of European Union law. It expertly explains the EU's constitutional foundations, institutional framework, and substantive policies, with a welcome simplicity of tone, without sacrificing analytical rigour. Where other books can place too much emphasis on the constitutional elements, it places similar weight on the economic dimensions of the EU, particularly its new digital market. The author's standing as both a scholar and practising lawyer infuses the book with a practical tone, taking the subject out of the abstract and into the everyday, allowing for students' full engagement. Its approach and tone will map particularly well on continental courses, where the next generation of EU lawyers are emerging from. This is a landmark publication in the field of EU law teaching.

Written in an accessible style that breaks down complex legal principles, this timely book highlights landmark case studies to illustrate the application of IHL and IHRL in practice. Using these as a foundation, Caceres-Solari dissects the interplay between armed conflicts and their effects. Chapters provide a comprehensive global perspective, examining how legislation operates across borders: covering treaties, international organizations, and state interactions. They analyze cities as centres of control and the importance of dual-use objects, considering recent adaptations from open-field combat.

This book, written by a combat veteran turned scholar, is a valuable resource for students and scholars of public international and humanitarian law owing to its interdisciplinary approach. Law makers and practitioners of military law will also benefit from the clear insights into legal principles.

We live in an algorithmic society. Artificial Intelligence and algorithms have become the main mediators through which power and knowledge are enacted in our society. This book brings together three academic fields - Public Administration, Criminal Justice and Urban Governance - into a single conceptual framework, and offers a broad cultural-political analysis, addressing critical and ethical issues of AI and algorithms.

Governments are increasingly turning towards AI tools to predict criminality, deliver public services, allocate resources, and calculate recidivism rates. Mind-boggling amounts of data regarding our daily actions are analysed to make decisions that manage, control, and nudge our behaviour in everyday life. The contributions in this book offer a broad analysis of the mechanisms and social implications of algorithmic governance. Reporting from the cutting edge of scientific research, the result is illuminating and useful for understanding the relations between AI, power and knowledge.

This new revised and updated edition includes topics such as:

• Algorithmic governmentality
• Transparency and accountability
• Fairness in criminal justice and predictive policing
• Principles of good digital administration
• Digital sovereignty and responsible AI
• AI and the smart city

This book is essential reading for students and scholars of Sociology, Criminology, Public Administration, Political Sciences, and Cultural Theory interested in the integration of AI and algorithms into the governance of society.

Tuerk examines how international water, environmental, and human rights laws apply to the planning, construction, and operation of to dams on transboundary watercourses while addressing the current lack of a direct regulatory framework. She presents a legal roadmap for dam development on shared rivers that considers the needs of states, as well as those of affected people and communities, and the environment beyond national borders. Acknowledging the essential nature of dams for ensuring water, food and energy security, the book emphasises that sustainable water governance requires balancing state sovereignty with the fundamental rights of individuals and ecosystems.

Regulating Dam Development on Transboundary Watercourses is a pivotal resource for scholars and students of environmental law, water law and human rights seeking a comprehensive roadmap for the regulation of transboundary dam development. Water research institutions and government policymakers will also benefit from its theoretical foundation for negotiating equitable and sustainable water-sharing arrangements.

This book offers a fresh feminist perspective on prostitution. It challenges the 'sex work' perspective, drawing on experience from rape law and #MeToo campaigns in Ireland and elsewhere to develop a new legal concept of 'compromised consent'.

This concept justifies the introduction of Nordic Model laws banning the purchase of sex. It recognises that an individual consent to sell sex is necessarily compromised by structural exploitation within the vastly profitable global sex industry.

While 'sex work' proponents increasingly dominate academic discourse on prostitution, this book asserts that they have co-opted the language of feminism to mask the immense power and patriarchal control exerted by the industry. Their view of 'consent' is based on a dangerous premise. They cannot say that those who sell sex do so out of mutual desire; rather consent is portrayed as an expression of individual choice, thus ignoring the intersectional gendered collective context within which commercial sex transactions take place worldwide.

By contrast, this book argues that presumptions of 'consent' in prostitution directly undermine the legal principles of affirmative consent and contemporary law reforms hard-won by feminist activists on rape and gender-based violence. A view of consent as 'compromised' within the sex trade derives from socialist theorising, as well as from legal re-conceptualisations of consent in other settings. It also reflects the reality of conditions within the sex industry.

This book will be of great interest to students, academics, policy makers and feminist activists. It makes a significant contribution in challenging the dominant thinking within a highly polarised literature.

Disagreements on constitutional rights (such as racial and religious discrimination or abortion) are increasingly divisive. From the role of abortion in US presidential elections to debates about the competence creep of EU fundamental rights, the question arises: should the power to decide these matters rest with a central/federal union, or be left to individual states?

This book addresses this crucial federal boundary question from both theoretical and comparative perspectives. It explores how the proper allocation of decision-making power in federal systems can enhance impartiality and reduce polarisation.

The book both develops and critiques the influential constitutional theory of James Madison, architect of the US Constitution and modern federalism. By tracing Madison's intellectual debt to David Hume and to common law rules on bias, it identifies gaps in his account of impartiality. It also shows how a revised Madisonian framework remains relevant to contemporary struggles in both the US and the EU over managing discord through federal structures.

The book's comparative dimension explores three categories of rights, each reflecting particular forms of social disagreement: (i) minority rights, which often trigger group bias and spark division between majorities and minorities;(ii) ideologically divisive rights, such as abortion; and (iii) cases where group and ideological bias overlap, such as those pitting religious freedoms against ideologically contested measures, including bans on ritual slaughter or religious apparel in public employment.

By combining comparative and theoretical contributions, the book demonstrates both the perils and the promise of federalism in securing impartiality and navigating social faction.

Biopsychosocial Perspectives of Major Demographic Correlates of Crime examines the four major demographic variables related to criminal offending-age, sex, race, and SES from a biopsychosocial perspective.

These four variables are typically examined only from a sociological perspective that grants all causal power to social structure, social roles, and socialization and largely ignores the role of individual traits and characteristics. This book looks at these variables from a biopsychosocial perspective, which includes everything from neurons to neighborhoods and is a developmental nature via nurture approach. Thus, in addition to the "psycho" (cognitions, emotions, behaviors) and the "social" (culture, family, social roles), it includes the "bio." (evolutionary biology, physiology, molecular and behavioral genetics, and neuroscience). With insights from evolutionary biology, molecular and behavioral genetics, physiology and neuroscience, readers gain a fresh, interdisciplinary perspective on these variables.

Biopsychosocial Perspectives of Major Demographic Correlates of Crime: Age, Sex, Race, and Social Class is an important new resource from a leader in the field that will be invaluable to scholars and professionals in biopsychosocial criminology, sociology, politics, and other social sciences.

In an era marked by economic uncertainty and rising living costs, the need for compassionate and effective personal insolvency systems has never been more urgent. This edited volume offers a timely and incisive exploration of the complexities of personal insolvency regimes.

Drawing on insights from the UK, the US, Europe, Japan and China, the book examines how diverse legal systems negotiate the tensions between debt relief and moral hazard, creditor protection and social equity, and market efficiency and human dignity. It compares the effectiveness of neoliberal models, middle-ground approaches, and state-led systems, offering assessments of their respective strengths and limitations.

The analysis moves beyond theory, grounding its arguments in real-world examples, while advancing the case for a robust, standalone personal insolvency framework in China. By synthesising global experience with local experimentation, the volume demonstrates how such a framework could strengthen economic resilience, uphold human dignity, and bring China's system into closer alignment with international standards.

Ideal for scholars, policymakers and practitioners alike, this book bridges academic rigour and practical relevance, inviting readers to reconsider insolvency not merely as a mechanism of last resort, but as an instrument of financial rehabilitation and social inclusion.

Through biographical investigations of gang members' life histories, this open access book illustrates the range of causes, motivations, and consequences associated with being a gang member.

Gangs are one of a small number of truly global social phenomena, present across time and space all over the world. Partly as a result of this ubiquity, gangs are inherently revealing social institutions, and can be connected to a range of fundamental human activities, such as the exercise of power, capital accumulation, socialization, identity formation, territorialization, or the articulation of gender relations, amongst others.

At the same time, however, gangs are also frequently associated with an almost pathological form of violence, generally represented as engaging in senseless forms of brutality, and gangsters are popular global scapegoats. Such representations make it all the more urgent to understand what it is that truly motivates individuals to become gang members, why they undergo particular trajectories, and what the long-term consequences of gang membership might be.

Through a comparison of thirteen life histories of gang members from twelve different countries around the world, this book offers a nuanced and sensitive overview of the global gang experience. Life histories are ideal lenses through which to explore these issues due to their ability to simultaneously reflect both the uniqueness and the embedded complexity of gang lives, but also their capacity to offer fundamentally relatable portraits that elicit empathy and humanize individuals.

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 European Research Council grant (no. 787935).

A Guide to Landlord and Tenant Law, 2nd edition is a comprehensive yet accessible exploration of the law relating to residential and business tenancies. It explores the fundamental features that apply to all leases and how the lease operates in both contract and property to regulate the relationship between landlord and tenant. In addition, the book provides a thorough yet straightforward exploration of the statutory codes that apply to short residential leases, long leaseholds and business tenancies.

The law is presented in a practical way, highlighting the importance of understanding the law for professionals advising landlords and tenants. The new edition includes more examples to illustrate how the law presented in each chapter impacts the advice given by lawyers and surveyors to their landlord and tenant clients. These updated features sit alongside additional content covering major updates to the law, including:

• The Homes (Fitness for Human Habitation) Act 2018
• The Leasehold Reform (Ground Rent) Act 2022
• The Building Safety Act 2022, and
• The Renters Reform Act 2025.

The book is aimed at landlord and tenant law students, whether they are studying a real estate course or a law degree, but it also provides a straightforward reference point for practitioners seeking an accessible overview of landlord and tenant law in the UK.

This book explores how AI systems trained on neurodata are redrawing the boundaries of dignity, autonomy, and legal personhood.

It reveals the emerging reality of NeuroAI: a world where machinelearning models anticipate our thoughts before we have even formed them. As neurotechnologies evolve, AI systems move beyond interpreting brain signals in labs and headsets to harvesting neurodata (whether extracted through direct interfaces, inferred from everyday behaviour, or reverse-engineered via predictive modelling) from users who never consented or even knew they were being monitored, transforming the subconscious into a commodified dataset.

Drawing on case studies from criminal trials, law enforcement, and consumer technologies, the book reveals how Big Tech and platform operators increasingly treat neurodata as a resource for monetisation. Across the EU and the USA, emerging AI and data-protection regimes, including the EU AI Act and GDPR, as well as the US Fourth Amendment and HIPAA frameworks, offer incomplete or inconsistent safeguards against NeuroAI trained on neurodata to model and predict thoughts, emotions, or intentions, leaving cognitive inference primarily in a legal grey zone.

Indispensable for legal scholars, technologists, and regulators, this critical roadmap illuminates the gaps in current law and identifies the safeguards needed to protect our most intimate inner lives. In a future where thoughts can be inferred, monetised, and weaponised without ever accessing the brain directly, this book shows us where the law must catch up before our minds, our rights, and our freedoms are turned into the next frontier of exploitation.

Die Arbeit analyisert zunaechst die rechtlichen, technischen und psychologischen Grundlagen rechtsgeschaeftlicher Kommunikation. Darauf aufbauend untersucht sie, welche Auswirkungen eine Automatisierung des Geschaeftsverkehrs auf die Methodik der rechtsgeschaeftlichen Auslegung hat. Sie zeigt, dass sich fuer die durch den Technikeinsatz aufgeworfenen Fragen auf Basis der hergebrachten Auslegungsdogmatik sachgerechte Loesungen finden lassen, ohne dass Geschaeftsrisiken aus der Sphaere der die Automatisierung einsetzenden Partei in die Sphaere der anderen Partei uebertragen werden, aber auch ohne dass Missbrauchsmoeglichkeiten eroeffnet werden, welche die praktische Anwendung der Vorteile von Automatisierungen verhindern.

The Skills of Modern Advocacy provides a comprehensive practical guide to modern advocacy, explaining its core components and demonstrating how you can develop and apply the necessary skillsets in practice.

Presented as an engaging mix of explanation and practical examples, each aspect of modern-day advocacy is considered in three stages to suit all readers: the essential rules, practical how-to demonstrations and advanced technique. The book begins with an introduction to the language and etiquette of advocacy before moving to the important witness handling skills involved in examination-in-chief, cross-examination, re-examination and dealing with expert witnesses. The different skills involved in submission advocacy are then addressed in three main areas before the book gives guidance on the separate topics of questioning vulnerable witnesses, remote advocacy and written advocacy. The final chapter deals with the special court environment of the Inquest, an area where new barristers can often expect to receive instructions. The chapters draw repeatedly on a substantial set of mock case documents to give the skills demonstrations a consistent sense of context and realism.

The authors have been practising barristers since the mid-1990s, and the book is packed with their combined experience and skills.

This book will appeal to interested school and college students with little or no experience, to undergraduate law students and students of advocacy on Bar or solicitor training courses, or the SQE, and to newly qualified advocates who wish to deepen their knowledge and expand their skills.

The book is supported by further online resources.

This book examines emerging human rights issues in Taiwan.

It comprehensively covers topics such as the #MeToo movement, the protection of health data, artificial intelligence, parental discipline, and the trans-species politics of gendered human rights and humanized animal welfare. Authored by both well-established scholars and emerging researchers, the book fills a critical gap in the English-language literature on human rights developments in Taiwan.

This book will be of key interest to scholars, students and practitioners in human rights law, East Asian studies, business and human rights, digital ethics, corporate responsibility, gender studies, the welfare stage and more broadly to political science, sociology, and global studies.

Widely considered two of the most controversial legal scholars, Hans Kelsen and Carl Schmitt have been the subject of debate for almost a century. This book focuses on a limited but extremely important controversy between Kelsen and Schmitt: the answer to the question regarding the proper guardian of the constitution. This debate goes to the heart of political power and legal thinking. The work presents a detailed examination of the three key documents from 1927 to 1933 regarding this controversy. An understanding of these writings will aid in comprehending the larger controversy between Kelsen and Schmitt with respect to discussion or decisionism, law or power, and democracy or dictatorship.

As much about the conflict between pluralism and unity and between democracy and autocracy as it is about a specific historical controversy, this study will be of interest to academics and researchers working in the areas of jurisprudence and legal philosophy, constitutional law and theory, political philosophy and legal history.