Using primary sources, Joshua Holo uncovers the day-to-day workings of the Byzantine-Jewish economy in the middle Byzantine period. Built on a web of exchange systems both exclusive to the Jewish community and integrated in society at large, this economy forces a revision of Jewish history in the region. Paradoxically, the two distinct economic orientations, inward and outward, simultaneously advanced both the integration of the Jews into the larger Byzantine economy and their segregation as a self-contained body economic. Dr Holo finds that the Jews routinely leveraged their internal, even exclusive, systems of law and culture to break into - occasionally to dominate - Byzantine markets. In doing so, they challenge our concept of Diaspora life as a balance between the two competing impulses of integration and segregation. The success of this enterprise, furthermore, qualifies the prevailing claim of Jewish economic decline during the Commercial Revolution.
This Cambridge Companion explores the main senses of the term 'international arbitration'; including the arbitration of private commercial disputes, disputes between a State and a foreign investor, disputes between States and also between a State and its parts. It treats these various forms as being inter-related, if not always conceptually, then as a matter of history, rather than as collective victims of imprecise language. The book touches not only on current debates but also more foundational aspects, such as the tension between party autonomy and State authority, and the pacifist roots of modern international arbitration. Thus, it aims to offer a concise survey of the history, the main issues as well as the latest developments in a single, handy volume. It will be an invaluable introduction to the subject for students studying international arbitration, commercial law and international law, and also lawyers and the general reader.
Indonesia is the world's third largest democracy and its courts are an important part of its democratic system of governance. Since the transition from authoritarian rule in 1998, a range of new specialised courts have been established from the Commercial Courts to the Constitutional Court and the Fisheries Court. In addition, constitutional and legal changes have affirmed the principle of judicial independence and accountability. The growth of Indonesia's economy means that the courts are facing greater demands to resolve an increasing number of disputes. This volume offers an analysis of the politics of court reform through a review of judicial change and legal culture in Indonesia. A key concern is whether the reforms that have taken place have addressed the issues of the decline in professionalism and increase in corruption. This volume will be a vital resource for scholars of law, political science, law and development, and law and society.
In The Financial Courts, Jo Braithwaite analyses thirty years of cases involving the global derivatives markets, exploring the nature of these legal disputes and assessing their impact on financial markets and on commercial law more broadly. Weaving together this substantial body of cases with theoretical insights drawn from the growing literature on the internationalisation of financial law, Braithwaite offers readers a detailed and highly original contribution to the debate about the role of private law in international financial markets. This important work should be read by lawyers, economists and regulators in the field.
Arnab Dey examines the intersecting role of law, ecology, and agronomy in shaping the history of tea and its plantations in British east India. He suggests that looking afresh at the legal, environmental, and agro-economic aspects of tea production illuminate covert, expedient, and often illegal administrative and commercial dealings that had an immediate and long-term human and environmental impact on the region. Critiquing this imperial commodity's advertised mandate of agrarian modernization in colonial India, Dey points to numerous tea pests, disease ecologies, felled forests, harsh working conditions, wage manipulation, and political resistance as examples of tea's unseemly legacy in the subcontinent. Dey draws together the plant and the plantation in highlighting the ironies of the tea economy and its consequences for the agrarian history of eastern India.
In modern-day Hong Kong, major constitutional controversies have caused people to demonstrate on the streets, immigrate to other countries, occupy major thoroughfares, and even engage in violence. These controversies have such great resonance because they put pressure on a cultural identity made possible by, and inseparable from, the 'One Country, Two Systems' framework. Hong Kong is also a city synonymous with film, ranging from commercial gangster movies to the art cinema of Wong Kar-wai. This book argues that while the importance of constitutional controversies for the process of self-formation may not be readily discernible in court judgments and legislative enactments, it is registered in the diverse modes of expression found in Hong Kong cinema. It contends that film gives form to the ways in which Hong Kong identity is articulated, placed under stress, bolstered, and transformed in light of disputes about the nature and meaning of the city's constitutional documents.
The core structure of the regulatory regime for international civil aviation (the ‘Chicago System’) is inter–national. The features of the Chicago System were designed in an era when the world’s airli
Many of the combatants in the European wars of the late middle ages fought for their own gain, but they observed a code of regulations, part chivalrous and part commercial which they called the ‘law o
In this unique book, Alexander Lian, a practicing commercial litigator, advances the thesis that the most famous article in American jurisprudence, Oliver Wendell Holmes's “The Path of the Law,” presents Holmes's leading ideas on legal education. Through meticulous analysis, Lian explores Holmes's fundamental ideas on law and its study. He puts “The Path of the Law” within the trajectory of Holmes's jurisprudence, from earliest scholarship to The Common Law to the occasional pieces Holmes wrote or delivered after joining the U.S. Supreme Court. Lian takes a close look at the reactions “The Path of the Law” has evoked, both positive and negative, and restates the essay's core teachings for today's legal educators. Lian convincingly shows that Holmes's “theory of legal study” broke down artificial barriers between theory and practice. For contemporary legal educators, Stereoscopic Law reformulates Holmes's fundamental message that the law must been seen and taught three-dimensionally.
The topic of transparency in international investment arbitration is gaining increasing attention. This in-depth commentary analyses the UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration, one of the most recent and innovative developments in international law. Focusing on the application of these rules, contributors analyse the issue of transparency in investment law more broadly and provide in-depth guidance on how to apply the UNCITRAL transparency rules. Chapters encompass all treaty-based disputes between investors and state, examining the perspectives of disputing parties, third parties, non-disputing state parties and arbitral tribunals. The contributors each have a strong background in investment arbitration, in both professional practice and academia. This commentary will be of interest to all actors involved in investment arbitrations, especially practitioners, counsels, NGOs and scholars in the fields of international law, commercial arbitration and in
Double insurance can have major consequences for an assured party, as it carries a risk of rendering some policies invalid. This book deals in depth with the issue of double insurance, and helps the r
This collection of essays critically evaluates the legal framework necessary for the use of autonomous ships in international waters. The work is divided into three parts:Part 1 evaluates how far national shipping regulation, and the public international law background that lies behind it, may need modification and updating to accommodate the use of autonomous ships on international voyages. Part 2 deals with private law and insurance issues such as collision and pollution liability, salvage, limitation of liability and allocation of risk between carrier and cargo interests. Part 3 analyses international convention regimes dealing with maritime safety and other matters, arguing for specific changes in the existing conventions such as SOLAS and MARPOL, which would provide the international framework that is necessary for putting autonomous ships into commercial use. The book also takes the view that amendment of international conventions is important in the case of liability issues, arg
The topics addressed in this book have traditionally been covered in separate publications on civil and commercial law. This dualism of regimes has made it difficult for students and professionals ali
