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Book

Cover Land Law Concentrate
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Land Law Concentrate covers the fundamental principles of this area of law and helps the reader to succeed in exams. The book starts by looking at proprietary rights. It goes on to distinguish between legal and equitable rights. It also looks at registered land, unregistered land, the freehold estate, the leasehold estate, and leasehold covenants. It also examines trusts of land, co-ownership, licences, proprietary estoppel, easements and profits, freehold covenants, and mortgages. This edition has been updated to include recent case law and exceptions to the principles of the Land Registration Act 2002.

Chapter

Cover International Human Rights Law

4. The International Bill of Human Rights  

This chapter analyses the history and principles of the International Bill of Human Rights, which is the ethical and legal basis for all the human rights work of the United Nations. The Bill consists of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, two Optional Protocols annexed thereto, and the International Covenant on Economic, Social, and Cultural Rights and Protocol. The chapter also assesses whether the Bill of Human Rights has lived up to the expectations of the original proponents.

Chapter

Cover Understanding Jurisprudence

10. Rights  

One of the most important and controversial concepts that preoccupies legal and moral philosophers is that of a ‘right’. To have a right raises the distinction between what a right is, on the one hand, and what rights people actually have or should have, on the other. This is the difference between a moral and a legal right that is a recurring theme in discussions of this subject. This chapter examines the concept of rights, various theories and types of rights (including human and animal rights), and concludes with a brief exercise in ‘applied jurisprudence’ that attempts to show how apparently competing approaches to a crucial democratic right may be resolved.

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Cover International Human Rights Law

19. Indigenous peoples’ and minority rights  

This chapter examines the scope and application of indigenous peoples’ rights and minority rights in international human rights law. It discusses the recognition of the need for minority protection in the drafting of the International Bill of Human Rights; analyses the provisions of Art 27 of the International Covenant on Civil and Political Rights; and describes tests employed to determine minority status. The chapter also considers developments in the protection of minority rights in Europe. The rights of indigenous peoples are also examined.

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Cover International Human Rights Law

2. Justifications  

Samantha Besson

This chapter discusses the importance of justifying human rights, particularly in response to critics. It explains the following: why we need to justify human rights; what it means to justify human rights; what the different justifications for human rights may be; and what some of the implications of the justifications of human rights may be for other key issues in human rights theory.

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Cover Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights

23. The fourth, sixth, seventh, and thirteenth protocols  

David Harris, Michael O’Boyle, Ed Bates, and Carla Buckley

This chapter discusses Protocols 4, 6, 7, and 13 of the European Convention on Human Rights. Protocols 4 and 7 protect a selection of civil and political rights not covered by the main Convention text and which make up for the substantive deficiencies of the Convention when compared to the International Covenant on Civil and Political Rights (ICCPR). Protocols 6 and 13 concern the abolition of the death penalty in peacetime and in war, respectively.

Chapter

Cover Constitutional and Administrative Law

17. Freedoms and liberties in the United Kingdom  

This chapter is concerned with how freedoms and liberties might be protected in the UK. It begins with an attempt to distinguish between human rights and civil liberties, whilst recognizing that this is by no means a straightforward task. It then covers political and social or economic rights, the traditional means of protecting civil liberties in the UK, the European Convention on Human Rights, the incorporation of the Convention into English law, and judicial deference/discretionary areas of judgment. The Human Rights Act 1998 is reviewed from a protection of rights perspective. Finally, the question of a Bill of Rights for the UK is considered, along with reform intentions relating to the 1998 Act.

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Cover Essential Cases: Public Law

Ireland v United Kingdom (1979-80) 2 EHRR 25, European Court of Human Rights  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Ireland v United Kingdom (1979-80) 2 EHRR 25, European Court of Human Rights. This case concerned whether interrogation techniques employed by the United Kingdom in Northern Ireland between 1971 and 1975 amounted to torture or inhuman or degrading treatment, contrary to Article 3 of the European Convention on Human Rights. More generally, the case note considers the differences between absolute, limited, and qualified rights. The case predates the passage of the Human Rights Act 1998. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Cover Essential Cases: Public Law

Ireland v United Kingdom (1979-80) 2 EHRR 25, European Court of Human Rights  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Ireland v United Kingdom (1979-80) 2 EHRR 25, European Court of Human Rights. This case concerned whether interrogation techniques employed by the United Kingdom in Northern Ireland between 1971 and 1975 amounted to torture or inhuman or degrading treatment, contrary to Article 3 of the European Convention on Human Rights. More generally, the case note considers the differences between absolute, limited, and qualified rights. The case predates the passage of the Human Rights Act 1998. The document also includes supporting commentary and questions from author Thomas Webb.

Book

Cover International Human Rights Law
International Human Rights Law provides a concise introduction for students new to the subject. Clearly written and broad in scope, this popular text gives a concise introduction to international human rights, including regional systems of protection and the key substantive rights. The author skilfully guides you through the complexities of the subject, making it accessible to those with little or no prior legal and/or international knowledge. Key cases and areas of debate are highlighted throughout, and a wealth of references to cases and further readings are provided at the end of each chapter. The book continues to be relied upon by students worldwide as the first book to turn to for clear and accurate coverage. The book traces the unprecedented expansion in the internationally recognized rights of all people with acceptance of a human rights dimension to the quest for international peace and security following the formation of the United Nations in 1945. It examines the International Bill of Rights and the regional protection of human rights, and describes several human rights organizations including the Organization of American States and the African Union. The book discusses different types of rights, including the right to life, the right to liberty of person, and the right to an adequate standard of living, and also evaluates the monitoring, implementation, and enforcement of human rights laws.

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Cover International Human Rights Law

22. Sustainable development and human rights  

This chapter focuses on sustainable development, part of Agenda 2030 of the United Nations, and human rights. This agenda is now the focal point of technical assistance and development programmes around the world and, crucially, applies to all States, irrespective of their state of development. The UN Sustainable Development Goals overlap with, and complement, human rights. Indeed, the associated targets and indicators reflect many core human rights obligations already incumbent on States. Whilst the Sustainable Development Goals lack the force of law underpinning human rights treaties, there is little doubt that strengthening human rights in a State will support progress towards sustainable development.

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Cover Tort Law

1. Introduction  

This introductory chapter begins with a definition of tort law and the interests that tort law protects. To say that the law of tort protects an individual’s rights or interests does not mean that a claimant will succeed simply by showing that the defendant harmed them or infringed their rights. Tort law lays down a set of rules stating when exactly a harm or infringement of one’s interest will give rise to legal liability. The chapter discusses the disparate functions of tort law and illustrates them through the case of Woodroffe-Hedley v Cuthbertson [1997]. The chapter then explains the significance of the Human Rights Act 1998 for tort law.

Chapter

Cover Contemporary Intellectual Property

7. Rights akin to copyright: database right and performers’ rights  

This chapter considers two rights similar to copyright in many ways, in terms of both subject matter and the substantive contents of the rights: (1) the special or sui generis database right, which operates alongside the copyright in databases; and (2) performers’ rights. Both rights have been relatively recently introduced into the armoury of intellectual property law. The chapter gives an account of each of these rights, comparing them with copyright but also underlining the differences between the regimes, and the reasons behind these differences. The chapter considers relevant the relevant international and EU frameworks and also highlights the nature and importance of these rights.

Chapter

Cover Information Technology Law

18. Consumer protection  

This chapter examines how consumers are protected when they go online. It examines the extensive protections offered by the Consumer Rights Directive to distance agreements (including online agreements). The rules on jurisdiction, choice of law, and enforcement are examined alongside what rights the consumer has to receive information and to cancel contracts agreed at a distance. In addition, this chapter examines the suite of rights created by the Consumer Rights Act 2015 and in particular the new provisions therein which digital content (including software, apps, and in-game content among others). The chapter continues with a discussion of the regulation of unsolicited commercial communications or spam including a discussion of the Directive on Privacy and Electronic Communications, GDPR, and the proposed ePrivacy Regulation. The chapter accounts for changes in the legal framework caused by Brexit.

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Cover Textbook on Land Law

21. Special rights in relation to the family home  

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter brings together some matters about the family home, and provides additional information about certain statutory rights which members of a family may have in respect of their homes, contrasting the rights of married couples and civil partners with the more limited rights of cohabitants. In conclusion, the chapter outlines past proposals for reform of the law relating to cohabitants’ rights in the family home. It illustrates the issues considered by reference to 11 Trant Way (occupied by Mr and Mrs Mould), 12 Trant Way (occupied by Mildred Mumps and Henry Newton) and 2 Trant Way (occupied by Barbara Bell and her father, Bob).

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Cover Tort Law

1. Introduction  

This introductory chapter begins with a definition of tort law and the interests that tort law protects. To say that the law of tort protects an individual’s rights or interests does not mean that a claimant will succeed simply by showing that the defendant harmed them or infringed their rights. Tort law lays down a set of rules stating when exactly a harm or infringement of one’s interest will give rise to legal liability. The chapter discusses the disparate functions of tort law and illustrates them through the case of Woodroffe-Hedley v Cuthbertson [1997]. The chapter then explains the significance of the Human Rights Act 1998 for tort law.

Chapter

Cover Information Technology Law

18. Consumer protection  

This chapter examines how consumers are protected when they go online. It examines the extensive protections offered by the Consumer Rights Directive to distance agreements (including online agreements). The rules on jurisdiction, choice of law, and enforcement are examined alongside what rights the consumer has to receive information and to cancel contracts agreed at a distance. In addition, this chapter examines the suite of rights created by the Consumer Rights Act 2015 and, in particular, the new provisions therein which digital content (including software, apps, and in-game content among others). The chapter continues with a discussion of the regulation of unsolicited commercial communications or spam, including a discussion of the Directive on Privacy and Electronic Communications, GDPr, and the proposed ePrivacy Regulation. The chapter concludes with a discussion of the proposed online sales and Digital Content Directives.

Chapter

Cover Textbook on Land Law

21. Special rights in relation to the family home  

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter brings together some matters about the family home, and provides additional information about certain statutory rights which members of a family may have in respect of their homes, contrasting the rights of married couples and civil partners with the more limited rights of cohabitants. In conclusion, the chapter outlines proposals for reform of the law relating to cohabitants’ rights in the family home.

Chapter

Cover Sanders & Young's Criminal Justice

12. Victims, the accused and the future of criminal justice  

This chapter discusses how developments in criminal justice have affected suspects’ rights; different types of victims’ ‘rights’; whether victims have (legally) enforceable rights; and enhancing victims’ rights without eroding defendants’ rights. It concludes with an overview of the impact of neoliberalism, the extent to which the system incorporates the ‘core values’ it ostensibly subscribes to, and how to make criminal justice more freedom-enhancing.

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Cover International Human Rights Law

18. Group Rights  

Robert McCorquodale

This chapter discusses the definition, exercise, and limitations of certain group rights, including peoples with the right to self-determination, minorities, and indigenous peoples. The right to self-determination protects a group as a group entity with regard to their political participation, as well as their control over their economic, social, and cultural activity as a group. Rights of minorities can be seen as both an individual and a group right. Finally, the growing recognition of the rights of indigenous peoples is considered.