Indonesia has a growing population of almost 300 million people, it is increasingly involved in world affairs, and has a booming economy. The need to better understand its unique, complex, and often obscure legal system, has become pressing. This is true across a wide range of sectors including, but not limited to, trade and investment, crime and terrorism, and human rights. Indonesia's democratization after the fall of Soeharto in 1998 triggered massive social and political changes that opened up this diverse, and formerly tightly-controlled, society. Law reform was a key driver of Indonesia's transformation and its full effect remains to be seen. This book offers clear and detailed explanations of the foundations of Indonesia's legal system in the context of its legal reform and rapid development. It offers succinct commentaries on a wide range of issues, examining the judicial process, the constitution, corruption and the court system, contract law, administrative law, foreign investment, taxation, Islamic law, and family law. It examines current substantive law and judicial interpretation and presents case studies of how the system operates in practice. Written in an accessible and engaging style, this book is an essential guide for readers seeking quick and clear answers to questions regarding the law and its application in Indonesia.
In this well-established textbook, Simon Baughen expertly covers the whole spectrum of English shipping law, placing the highly specialised rules of shipping in a commercial context and relating them to the general principles of contract and tort law. The book’s accessible narrative and useful glossary of key terms will particularly benefit students new to Shipping Law or from non-law backgrounds. In-depth commentary on judicial decisions and well-balanced coverage and analysis of recent and key cases, such as The New Flamenco, The Ocean Victory, and The Kos, provide an up-to-date reference for all students on Shipping Law courses. The comprehensive overview of topics also ensures that the book is ably suited to course use, including discussion of such areas as: Bills of lading Charterparties Salvage Marine Pollution Arbitration Accidents and collisions Fully updated throughout, this sixth edition provides an invaluable source of reference and will be of use to both students and to those in practice.
This book is a broad and detailed examination of the native title jurisprudence in the US, Canada, New Zealand and Australia, with a specific focus on the handling of Indigenous community changes in each country's case law.
Winner of the Irish Law Awards Book of the Year 2023 Various disciplinary and regulatory bodies have different rules, powers and procedures, even while sharing a basic legal framework. This book allows a legal practitioner who is appearing before such a body to prepare their case by setting out what powers the body has, what evidence it can hear, the form the procedure will take, whether they can call witnesses, and what sanctions it can impose. This book is the first title to consider the specific question of the regulation of statutory professions in Ireland including architects, surveyors, teachers, pharmacists, health and social care professionals and accountants. Part I deals with general principles and practice, covering such areas as complaints, fair procedures and sanctions. Part II examines each of the relevant professions in turn. Covers the following developments, legislation and case law: The difference of between professional misconduct conduct and poor professional performance Teaching Council (Amendment) Act 2015 Healthcare (Miscellaneous Provisions) Bill 2017 Regulated Professions (Health and Social Care) (Amendment) Act 2020 Corbally v Medical Council & Others Medical Council v Lohan-Mannion Doocey v Law Society TM v Medical Council This title is included in Bloomsbury Professional's Irish Employment Law online service.
For decades, Indonesia's 1945 Constitution, the second shortest in the modern world, was used as an apologia by successive authoritarian regimes. A bare-bones text originally intended as a temporary measure, it did little beyond establish basic state organs, including a powerful presidency. It did not offer citizens real guarantees or protections. These weaknesses were ruthlessly exploited by the military-backed regime that President Soeharto headed from 1966 until his fall in 1998. The (first ever) amendments to the Constitution, which began the following year and were completed in 2002, changed all this. Enlarging and rethinking the Constitution, they ushered in a liberal democratic system based around human rights, an open society and separation of powers. These reforms also created a Constitutional Court that has provided Indonesia's first judicial forum for serious debate on the interpretation and application of the Constitution, as well as its first significant and easily-accessible body of detailed and reasoned judgments. Today, Indonesian constitutional law is rich, sophisticated and complex. This book surveys this remarkable constitutional transition, assessing the implementation of Indonesia's new constitutional model and identifying its weaknesses. After covering key institutions exercising executive, legislative and judicial powers, the book focuses on current constitutional debates, ranging from human rights to decentralisation, religious freedom and control of the economy.
This book analyses the voluminous and meandering case law on gambling of the Court of Justice from an empirical perspective. It offers a comprehensive overview of the legal situation of gambling services in the EU Single Market. Additionally, the book presents the current state of research on gambling addiction. It then seeks to answer the central research question as to what extent the views of the Court of Justice on gambling find support in empirical evidence. The Court of Justice granted exceptionally wide discretion to the Member States due to a so-called ‘peculiar nature’ of games of chance. With the margin of appreciation having played a key role, the book inquires whether the Court of Justice followed the principles and criteria that normally steer the use of this doctrine. Noting the Court’s special approach, the book elaborates on its causes and consequences. Throughout the book, the approach of the Court of Justice is contrasted with that of its sister court, the EFTA Court. Finally, the potential role of the precautionary principle and of EU fundamental rights in the area of gambling law is examined. Situated at the intersection of law and science, this book seeks to bridge the legal and scientific perspectives and the unique vocabularies common to each. It illustrates the direct relevance of science and empirical research for court cases and policy making. And it contrasts science-informed policy making with the on-going morality discourse on gambling.
There has been an exponential rise in the use of ICA for resolving international business disputes, yet international arbitration is a scarcely regulated, specialty industry. International Commercial Arbitration: An Asia Pacific Perspective is the first book to explain ICA topic by topic with an Asia Pacific focus. Written for students and practising lawyers alike, this authoritative book covers the principles of ICA thoroughly and comparatively. For each issue it utilises academic writings from Asia, Europe and elsewhere, and draws on examples of legislation, arbitration procedural rules and case law from the major Asian jurisdictions. Each principle is explained with a simple statement before proceeding to more technical, theoretical or comparative content. Real-world scenarios are employed to demonstrate actual application to practice. International Commercial Arbitration is an invaluable resource that provides unique insight into real arbitral practice specific to the Asia Pacific region, within a global context.
This unique Irish law book is a core text for any student of medicine, dentistry, radiography, physiotherapy, psychiatry or nursing, as well as legal practitioners advising clients in this area. Medical Law in Ireland (originally titled: Clinical Practice and the Law) brings together all applicable Irish law in an easy-to-read style and provides clear day-in day-out guidance for clinical practitioners, students and legal practitioners working in Ireland. This new edition sees an added emphasis on those areas of interest to legal practitioners, however there remains a wealth of information for those working in medical fields. Of particular note in this regard are the chapters on Clinical Negligence, Consent to Medical Treatment, End of Life, and Coroners Law and Other Issues arising after Death. These are all given in-depth treatments which provide the necessary information for those in day-to-day practice as well as those with an academic interest. Recent legislative changes are taken into account such as 2015's Montgomery vs Lanarkshire Health Board, as well as cases from the Medical Council. The two chapters on mental health reflect the growing importance need for clarity in this area. Author Simon Mills trained and qualified first as a doctor before moving into law. Now a barrister, he has specialized in medical law and brings both aspects of his experience to his work. His areas of particular interest are in clinical negligence, professional regulatory law, mental capacity and coroners' inquests.
Deforestation in tropical rainforest countries is one of the largest contributors to human-induced climate change. Deforestation, especially in the tropics, contributes around 20 per cent of annual global greenhouse gas emissions, and, in the case of Indonesia, amounts to 85 per cent of its annual emissions from human activities. This book provides a comprehensive assessment of the emerging legal and policy frameworks for managing forests as a key means to address climate change. The authors uniquely combine an assessment of the international rules for forestry governance with a detailed assessment of the legal and institutional context of Indonesia; one of the most globally important test case jurisdictions for the effective roll-out of ‘Reduced Emissions from Deforestation and Degradation’ (REDD). Using Indonesia as a key case study, the book explores challenges that heavily forested States face in resource management to address climate mitigation imperatives, such as providing safeguards for local communities and indigenous peoples. This book will be of great relevance to students, scholars and policymakers with an interest in international environmental law, climate change and environment and sustainability studies in general.
[This is] a textbook that offers students a good introduction to the science of politics while emphasizing the moral, empirical, and prudential dimensions of politics." —Prosper Bernard, Jr., College of Staten Island This updated Sixth Edition of The Challenge of Politics enables students to see how the subfields of political science converge around a set of crucial questions, such as "Can we as citizens and students articulate and defend a view of the good political life and its guiding political values?" "Can we bring political wisdom to bear on judgments about politics and public issues?" and "Can we develop a science of politics to help us understand significant political phenomena—the empirical realities of politics?" Balancing lessons of classic and contemporary theory with contemporary politics and empirical study, the book equips students with the tools they need to explore the impact of philosophy and ideology, recognize major forms of government, evaluate empirical findings, and understand how policy issues directly affect people’s lives. The updated Sixth Edition includes new material on the 2016 presidential elections, the role of social media in politics, and an expanded discussion on the rise of populist movements. Give your students the SAGE edge! SAGE edge offers a robust online environment featuring an impressive array of free tools and resources for review, study, and further exploration, keeping both instructors and students on the cutting edge of teaching and learning. Learn more at edge.sagepub.com/simon6e.
International Human Rights and Humanitarian Law: Treaties, Cases, and Analysis introduces the reader to the international legal instruments and case law governing the substantive and procedural dimensions of international human rights and humanitarian law, including economic, social, and cultural rights. The book, which was originally published in 2006, also discusses the history and organisational structure of human rights and humanitarian law enforcement mechanisms. A chapter is devoted a chapter to the issues surrounding the incorporation of international law into U.S. law, including principles of constitutional and statutory interpretation, conflict rules, and the self-execution doctrine. Questions and comments sections provide critical analyses of issues raised in the materials. The last chapter addresses theoretical issues facing contemporary international human rights and humanitarian law and its enforcement.
The bitter and protracted struggle between President Thomas Jefferson and John Marshall, Chief Justice of the United States, is the focus of this unbiased assessment of their lasting impact on American government.
The essential work for employment practice is back with a brand new edition. Blackstone's Employment Law Practice 2011 is the indispensable resource for employment practitioners, providing all you need to advise clients confidently and to appear in tribunal. It draws together key legislation, procedural rules, Codes of Practice, and Practice Directions, as well as in-depth analysis of law and procedure in one convenient portable volume. Providing comprehensive coverage of practice and procedure in the employment tribunal, Employment Appeal Tribunal and Central Arbitration Committee, Blackstone's Employment Law Practice 2011 includes specialist coverage of issues that frequently arise at tribunal, such as calculation of costs, application of TUPE, and guidance on drafting of compromise agreements. Alongside the latest developments in law and procedure and guidance on the key areas of substantive law, the new edition also includes entirely rewritten chapters on equal pay and discrimination, including extensive coverage of the changes brought about by the Equality Act 2010. Other features include: - All the material you need when preparing for and during a case in tribunal or court in one convenient portable volume - Complete coverage of practice and procedure in the employment tribunal, Employment Appeal Tribunal, and Central Arbitration Committee, as well as in employment issues in the High Court and Court of Appeal - Eminent author team bring together consummate experience of every aspect of employment law and practice, ensuring unrivalled quality and clear, practical insight - Includes specialist coverage of issues that frequently arise at tribunal, such as calculation of costs, taxation, application of TUPE, and guidance on drafting of compromise agreements - Clear page design and wider range of flow charts and procedural checklists enable quick access to essential information - Updated annually, the 2010 edition has been extensively revised to contain full coverage of all recent developments - Wide range of flowcharts and procedural checklists provide immediate clarification of complex procedural issues - Quick reference guides to the book organized by procedure and by substantive law - Precedent agreements supporting cases from the tribunal to the civil courts - Information on practice and procedure in Scotland by Brian Napier QC - Appendices provide current and historical financial data
Dura-Europos, a Parthian-ruled Greco-Syrian city, was captured by Rome c.AD165. It then accommodated a Roman garrison until its destruction by Sasanian siege c.AD256. Excavations of the site between the World Wars made sensational discoveries, and with renewed exploration from 1986 to 2011, Dura remains the best-explored city of the Roman East. A critical revelation was a sprawling Roman military base occupying a quarter of the city's interior. This included swathes of civilian housing converted to soldiers' accommodation and several existing sanctuaries, as well as baths, an amphitheatre, headquarters, and more temples added by the garrison. Base and garrison were clearly fundamental factors in the history of Roman Dura, but what impact did they have on the civil population? Original excavators gloomily portrayed Durenes evicted from their homes and holy places, and subjected to extortion and impoverishment by brutal soldiers, while recent commentators have envisaged military-civilian concordia, with shared prosperity and integration. Detailed examination of the evidence presents a new picture. Through the use of GPS, satellite, geophysical and archival evidence, this volume shows that the Roman military base and resident community were even bigger than previously understood, with both military and civil communities appearing much more internally complex than has been allowed until now. The result is a fascinating social dynamic which we can partly reconstruct, giving us a nuanced picture of life in a city near the eastern frontier of the Roman world.
Global Perspectives on Social Issues: Juvenile Justice Systems is an attempt to characterize juvenile offenders in twenty-five nations in North America, South America, Western, and Eastern Europe, the Middle East, Africa, Asia, and Australia. Each chapter represents a fact sheet and contemporary report on juvenile justice systems in the eight different regions of the world.
This new edition of Retreat from Injustice has the strengths and style of its predecessor: the account of human rights in Australia is firmly grounded in historical and international contexts; the availability and limitations of rights and freedoms are clearly detailed and illustrated with cases; and a particular spotlight is placed on key current human rights issues including terrorism, indigenous issues and asylum seekers.
Charity Law & Social Policy explores contemporary law, policy and practice in a range of modern common law nations in four parts and from the perspective of how this has evolved in the UK. As progenitor of a system bequeathed to its colonies and after centuries of leadership in developing the core principles, policies and precedents that subsequently shaped its development, the contribution of England & Wales, the originating jurisdiction, is first described and analysed in detail in Parts 1 and 2. These broadly sketch the parameters and role of ‘charity’ – seen as a mix of public and private interests - then address the law’s role in protecting, policing, adjusting and supporting charity. This provides the critical dimensions for the comparative analysis of experience in the common law nations that constitutes the main part of the book. Part 3, in 5 chapters, provides an analysis of the legal functions as they apply to type of need and thereby give effect to social policy in Singapore, Australia, New Zealand, Canada and the United States of America. Part 4 concludes with three chapters that appraise political influence as a factor in aligning charity law with social policy to create a facilitative environment for appropriate charitable activity. Attention is given to the central role of the regulator, contemporary charity law frameworks and definitional boundaries.
Updates to this edition: * Clinical and legal issues in the use of clozapine in treatment of schizophrenia* Clinical information and new cases involving tardive dyskinesia* Changes in civil and criminal law regarding right to refuse treatment* An update of clinical guidelines and legal regulations of ECT* An update on suicide risk assessment and new legal cases involving suicide* An update on violence risk assessment and new legal cases involving the duty to protect endangered third parties* New statutes and criminal sanctions regarding sexual misconduct * New statutes limiting the liability of therapists toward third parties who are injured or killed by patients* Changes in the relationship between psychiatrists and nonmedical therapists* Regulatory developments regarding physician impairment* Numerous tables and an updated glossary of legal terms* New section on common terms and abbreviations in legal citations
DNA profiling—commonly known as DNA fingerprinting—is often heralded as unassailable criminal evidence, a veritable “truth machine” that can overturn convictions based on eyewitness testimony, confessions, and other forms of forensic evidence. But DNA evidence is far from infallible. Truth Machine traces the controversial history of DNA fingerprinting by looking at court cases in the United States and United Kingdom beginning in the mid-1980s, when the practice was invented, and continuing until the present. Ultimately, Truth Machine presents compelling evidence of the obstacles and opportunities at the intersection of science, technology, sociology, and law.
What are the facts about psychiatric malpractice? Is it increasing? If so, how rapidly? What areas of psychiatric practice pose higher risks of legal liability? The anxieties and uncertainties created by the increased threat of being sued for malpractice can interfere with the psychiatrist's provision of good clinical care. Through a general overview -- as well as a discussion of specific legal cases -- this volume presents the major malpractice traps encountered in everyday psychiatric practice.
This wide-ranging study considers the primary forms of decision-making - negotiation, mediation, and umpiring - in the context of rapidly changing discourses and practices of civil justice across many jurisdictions. Much contemporary discussion in this field, and associated projects of institutional design, are taking place under the wide ranging but imprecise label of Alternative Dispute Resolution (ADR). If a common linking theme is sought, the authors argue that this must lie in a general shift of priorities as between judgement and settlement in ideological terms. This new edition brings together and analyses a wide range of materials dealing with dispute processes and the current debates on civil justice. With the help of a selection of texts beyond those ordinarily found in the emerging alternative dispute resolution literature it provides a broad, comparative perspective on modes of handling civil disputes, with the principal focus on the central processes of negotiation and mediation.
General clinicians conduct most forensic psychiatric examinations and provide most psychiatric testimony. Yet these clinicians often receive little or no training in forensic psychiatry, leaving them ill prepared to meet the inevitable ethical and legal challenges that arise. Both timely and informative, this textbook is the first reference designed and written for both the general clinician and the experienced forensic psychiatrist. Here, 28 recognized experts introduce the forensic subjects that commonly arise in clinical practice. Unique in the literature, this outstanding collection covers • Introductory subjects—Organized psychiatry and forensic practice; the legal system and the distinctions between therapeutic and forensic roles; business aspects of starting a forensic practice; the role of the expert witness; the differences between the ethics of forensic and clinical psychiatry; the use of DSM in the courtroom; and issues that arise in working with attorneys• Civil litigation—The standard of care and psychiatric malpractice; civil competency; issues in conducting evaluations for personal injury litigation; personal injury claims of psychiatric harm; and disability determination and other employment-related psychiatric evaluations• Criminal justice—Competency to stand trial and insanity evaluations; the use of actuarial and clinical assessments in the evaluation of sexual offenders; psychiatry in correctional settings; and the relationship between psychiatry and law enforcement, including mental health training, crisis negotiation, and fitness for duty evaluations• Special topics—Assessment of malingering; evaluations of children and adolescents; violence risk assessments; the use of prediction instruments to determine "dangerousness"; and the evolving standard of expert psychological testimony Each chapter is organized around case examples and includes a review of key concepts, practical guidelines, and references for further reading. A study guide is also available for use in teaching, in studying, and in preparing for the forensic board examination. This practical textbook makes this interesting specialty accessible to trainees and seasoned practitioners. With its detailed glossary of legal terms, subject index, and index of legal cases, it will be a welcome addition to all psychiatric residency and forensic fellowship programs.
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