By examining the intersection of Islamic law, state law, religion, and culture in the Egyptian nation-building process, Recasting Islamic Law highlights how the sharia, when attached to ...constitutional commitments, is reshaped into modern Islamic state law. Rachel M. Scott analyzes the complex effects of constitutional commitments to the sharia in the wake of the Egyptian Revolution of 2011. She argues that the sharia is not dismantled by the modern state when it is applied as modern Islamic state law, but rather recast in its service. In showing the particular forms that the sharia takes when it is applied as modern Islamic state law, Scott pushes back against assumptions that introductions of the sharia into modern state law result in either the revival of medieval Islam or in its complete transformation. Scott engages with premodern law and with the Ottoman legal legacy on topics concerning Egypt's Coptic community, women's rights, personal status law, and the relationship between religious scholars and the Supreme Constitutional Court. Recasting Islamic Law considers modern Islamic state law's discontinuities and its continuities with premodern sharia. Thanks to generous funding from Virginia Tech and its participation in TOME (Toward an Open Monograph Ecosystem), the ebook editions of this book are available as Open Access volumes from Cornell Open (cornellpress.cornell.edu/cornell-open) and other repositories.
This is the fourth edition of The World Bank Legal Review, which gathers this input from around the world and compiles it into a useful resource for all development practitioners and scholars. The ...subtitle of this volume, legal innovation and empowerment for development, highlights how the law can respond to the chal-lenges posed to development objectives in a world slowly emerging from an economic crisis. The focus on innovation is a call for new, imaginative strategies and ways of thinking about what the law can do in the development realm. The focus on empowerment is a deliberate attempt to place the law into the hands of the poor; to give them another tool with which to resist poverty. This volume shows some of the ways that the law can make an innovative and empowering difference in development scenarios. Development problems are complex and varied, and the theme of innovation and empowerment naturally has a broad scope. Consequently, this volume reaches far and wide. It considers the nature, promise, and limitations of legal innovation and legal empowerment. It looks at concrete examples in places such as Africa, the Asia-Pacific region, and Latin America. It considers developments in issues with universal application, such as the rights of the disabled and the effectiveness of asset recovery measures. The theme of legal innovation and empowerment for development complements substantive and institutional sensibilities in current development policy. Substantively, development policy discourse seems to have moved away from tacking hard toward statist policy or neoliberal policy. Although this brief introduction cannot do justice to the richness and complexity of these contributions, it does consider each focal point in turn.
Data Sovereignty Chander, Anupam; Sun, Haochen
2023, 2023-12-06, 2023-11-30
eBook
Open access
Digital sovereignty—the exercise of control over the Internet—is the ambition of the world’s leaders, from Australia to Zimbabwe, a bulwark against both foreign state and foreign corporation. ...Governments have resoundingly answered first-generation Internet law questions of who if anyone should regulate the Internet—they all will. The second-generation question to confront is not whether, but how to regulate the Internet. This volume features new theoretical perspectives on digital sovereignty and explores cutting-edge issues associated with it. Drawing mainly on various theories concerning political economy, international law, human rights, and data protection, it presents thought-provoking ideas about the nature and scope of digital sovereignty. It also examines the extent to which new technological developments in sectors, such as artificial intelligence, e-commerce, and sharing economy, have posed challenges to assertion of digital sovereignty, and considers how to deal with such challenges. In particular, the volume discusses the promise and pitfalls of digital sovereignty in the process of trade liberalization, data localization, and human rights protection.
As a result of the steep increase in investment arbitrations, and the problems this has brought to the fore, many reform efforts in international investment law focus on changes to investor-state ...dispute settlement (ISDS). Reform proposals, however, diverge widely (ranging from exiting the system completely to institutionalizing it further through the creation of an appellate mechanism or a permanent investment court) and do not proceed on the basis of a normative framework that is globally consented. This risks achieving needed systemic reform. The present article sets out the contours of such a normative framework. It suggests that the criticism of ISDS has its origins in frictions with constitutional principles, namely democracy, the rule of law, and human rights. Reform proposals, as a consequence, should be developed by reference to principles of (comparative and international) constitutional law. Such a framework can be used to formulate a number of concrete proposals for ISDS reform, in particular increased institutionalization of ISDS and the implementation of other mechanisms that allow states to ensure that ISDS develops in line with the principle of democracy and respect for the rule of law and for the protection of human rights.
In General Principles for Business and Human Rights in International Law Ludovica Chiussi Curzi offers a critical analysis of the relevance of general principles of law in the multifaceted business ...and human rights field.
The UNESCO Convention on the Protection of the Underwater Cultural Heritage 2001, which entered into force internationally in 2009, is designed to deal with threats to underwater cultural heritage ...arising as a result of advances in deep-water technology. However, the relationship between this new treaty and the UN Convention on the Law of the Sea is deeply controversial. This study of the international legal framework regulating human interference with underwater cultural heritage explores the development and present status of the framework and gives some consideration to how it may evolve in the future. The central themes are the issues that provided the UNESCO negotiators with their greatest challenges: the question of ownership rights in sunken vessels and cargoes; sovereign immunity and sunken warships; the application of salvage law; the ethics of commercial exploitation; and, most crucially, the question of jurisdictional competence to regulate activities beyond territorial sea limits.
This book introduces law to computer scientists. Computer scientists develop, protect, and maintain computing systems in the broad sense of that term, whether hardware, software, or data. They may be ...focused on e.g. digital security, or on embedded systems, or on software science. The aim of this book is to convey the internal logic of legal practice, firmly grounded in legal theory. It attempts to bridge the gap between two scientific practices, and probe the middle ground to present a reasonably coherent picture of the grammar and vocabulary of law and the rule of law. This attempt is geared toward those with no wish to become lawyers but who are nevertheless forced to consider the salience of legal rights and obligations. Simultaneously, this book aims to help lawyers to review their own trade. It is a volume on law in an onlife world, presenting a coherent picture of how modern law operates, how it emerged in the context of printed text, and how it confronts its new, data-driven environment.
Based on a completely reconstructed archive of Persian, Hindi and Marathi documents, Nandini Chatterjee provides a unique micro-history of a family of landlords in Malwa, central India, who ...flourished in the region from at least the sixteenth until the twentieth century. By exploring their daily interactions with imperial elites as well as villagers and marauders, Chatterjee offers a new history from below of the Mughal Empire, far from the glittering courts of the emperors and nobles, but still dramatic and filled with colourful personalities. From this perspective, we see war, violence, betrayal, enterprise, romance and disappointment, but we also see a quest for law, justice, rights and righteousness. A rare story of Islamic law in a predominantly non-Muslim society, this is also an exploration of the peripheral regions of the Maratha empire and a neglected princely state under British colonial rule. This title is also available as Open Access.
The interaction between military and civilian courts, the political power that legal prerogatives can provide to the armed forces, and the difficult process civilian politicians face in reforming ...military justice remain glaringly under-examined, despite their implications for the quality and survival of democracy. This book breaks new ground by providing a theoretically rich, global examination of the operation and reform of military courts in democratic countries. Drawing on a new dataset of 120 countries over more than two centuries, it presents the first comprehensive picture of the evolution of military justice across states and over time. Combined with qualitative historical case studies of Colombia, Portugal, Indonesia, Fiji, Brazil, Pakistan, and the United States, the book presents a new framework for understanding how civilian actors are able to gain or lose legal control of the armed forces. The book's findings have important lessons for scholars and policymakers working in the fields of democracy, civil–military relations, human rights, and the rule of law.
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