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Non-state law is playing an increasing role in both public and private ordering. Numerous organizations have emerged alongside the nation-state, each purporting to provide their members with rules and norms to govern their conduct and organize their affairs. The nation-state increasingly finds itself sandwiched, between two broad and contrasting categories of non-state law. The first - law above the state - captures legal systems that function across the territorial borders of nation-states. The second category - law below the state - includes forms of local customary, religious, and indigenous law. As these forms of non-state law persist and proliferate alongside the nation-state, the relationship between state and non-state law becomes more complex, multifaceted, and tense. This volume addresses this relationship considering whether and to what extent state and non-state law can coexist and how each form of law seeks to influence as well as transform the other.
Describes a method of negotiation that isolates problems, focuses on interests, creates new options, and uses objective criteria to help two parties reach an agreement.
International Humanitarian Law (IHL) is in a state of some turbulence, as a result of, among other things, non-international armed conflicts, terrorist threats and the rise of new technologies. This incisive book observes that while states appear to be reluctant to act as agents of change, informal methods of law-making are flourishing. Illustrating that not only courts, but various non-state actors, push for legal developments, this timely work offers an insight into the causes of this somewhat ambivalent state of IHL by focusing attention on both the legitimacy of law-making processes and the actors involved.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Most examinations of non-citizens in Canada focus on immigrants, people who are citizens-in-waiting, or specific categories of temporary, vulnerable workers. In contrast, Producing and Negotiating Non-Citizenship considers a range of people whose pathway to citizenship is uncertain or non-existent. This includes migrant workers, students, refugee claimants, and people with expired permits, all of whom have limited formal rights to employment, housing, education, and health services. The contributors to this volume present theoretically informed empirical studies of the regulatory, institutional, discursive, and practical terms under which precarious-status non-citizens – those without permanent residence – enter and remain in Canada. They consider the historical and contemporary production of non-citizen precarious status and migrant illegality in Canada, as well as everyday experiences of precarious status among various social groups including youth, denied refugee claimants, and agricultural workers. This timely volume contributes to conceptualizing multiple forms of precarious status non-citizenship as connected through policy and the practices of migrants and the institutional actors they encounter.
“One of the most important books of our modern era” –Amb. Jaime de Bourbon For anyone struggling with conflict, this book can transform you. Negotiating the Nonnegotiable takes you on a journey into the heart and soul of conflict, providing unique insight into the emotional undercurrents that too often sweep us out to sea. With vivid stories of his closed-door sessions with warring political groups, disputing businesspeople, and families in crisis, Daniel Shapiro presents a universally applicable method to successfully navigate conflict. A deep, provocative book to reflect on and wrestle with, this book can change your life. Be warned: This book is not a quick fix. Real change takes work. You will learn how to master five emotional dynamics that can sabotage conflict outside your awareness: 1. Vertigo: How can you avoid getting emotionally consumed in conflict? 2. Repetition compulsion: How can you stop repeating the same conflicts again and again? 3. Taboos: How can you discuss sensitive issues at the heart of the conflict? 4. Assault on the sacred: What should you do if your values feel threatened? 5. Identity politics: What can you do if others use politics against you? In our era of discontent, this is just the book we need to resolve conflict in our own lives and in the world around us.
Softbound - New, softbound print book.
In this innovative, micro-historical approach to law, empire and society in India from the Mughal to the colonial period, Nandini Chatterjee explores the dramatic, multi-generational story of a family of Indian landlords negotiating the laws of three empires: Mughal, Maratha and British. This title is also available as Open Access.
Addresses the relationship between the nation-state and non-state law, considering how they can coexist and transform each other.