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This newly updated text equips nurses and other health-care professionals to deal with the legal issues they encounter in daily practice.
Informative and relevant, The A-Z of Nursing Law covers all recent changes to the law and legislation that affect the nursing profession. As the only local book of this nature, it has become an invaluable resource for nurse practitioners and other health-care professionals.
Undergraduate and postgraduate nursing students will also find it useful.
Environmental law provides a comprehensive and succinct examination of the entire environmental law landscape in South Africa. The second edition includes a new chapter on climate change, and also examines the following recent developments: the new environmental impact assessment (EIA) regime (2010 regulations) several amendments to the National environmental management act and other environmental legislation the new National environmental management: waste act the new National environmental management: Integrated coastal management act several important developments in delegated legislation numerous new cases, including the far-reaching Fuel Retailers decision in the Constitutional Court.
Understanding Social Security Law deals with key elements of social security in its various facets, both private and public measures. Social security is defined and different elements such as social insurance, social assistance, pensions and unemployment insurance are set out. Relevant case law is explained for the reader. Selected comparative social security trends elsewhere, including developments in the Southern African Development Community (SADC) are also mentioned.
The book aims to present some relevant aspects of this growing area of the law and labour market policy in an accessible way. Key point summaries of law and frequently asked questions (FAQs) are covered to aid understanding.
The authors are highly regarded labour law practitioners and academics who have published extensively in this field.
Most planning degrees at South African universities include a compulsory course in planning law. This is usually the first time that planning students encounter law as a discipline. Planning students therefore need to familiarise themselves with sources such as the Constitution, legislation and court decisions. The Planning Law Casebook seeks to assist students in this regard. Understanding how to use, interpret and apply case law is perhaps the most difficult aspect of planning law.
Part I of the Planning Law Casebook describes the different parts of a typical court case. Part II briefly explains how the Casebook should be used. Part III contains discussions and analyses of 18 key planning law cases, which reflect the different components of current planning law. Part IV is a glossary in which the relevant legal concepts and terminology are defined. Part V includes extracts from applicable legislation. Part VI provides examples of typical planning documents, such as a deed of transfer, a notice of the removal of a restrictive condition or rezoning, and a part of a schedule to a town planning scheme indicating one of the zoning categories.
The South African Schools Act 84 of 1996 aims to make high-quality basic education accessible to all South African children irrespective of race and geographic location in the country. Written by significant role-players and members of the judiciary, Pathways to Successful Schooling reflects on the journey of South African schooling over the past 20 years. This book was prompted by the 2016 Schools Act symposium, Schools Act @ 20: Charting the Way Forward, which celebrated the 20th anniversary of the Schools Act. Looking at education since 1996, this book considers practical alternatives for addressing contentious matters. Unique to this work is the inclusion of the first ever analysis of the background to the drafting of the Schools Act. Pathways to Successful Schooling gives perspectives on dreams, expectations and realities. It reflects on what became of the vision of the Education White Paper 1 and the Schools Act. An international dimension is added by the discussion of constitutional changes and values in the context of the United Nations' Sustainable Development Goals. The book also looks at legislating for the realisation of children's rights and offers the view that, although the Act has set the pace, broader efforts will enhance children's rights in South Africa.
Hydraulic Fracturing in the Karoo: Critical Legal and Environmental Perspectives explores a broad-ranging set of questions related to proposed hydraulic fracturing or 'fracking' in the Karoo. The book is multidisciplinary, with contributors including natural scientists, social scientists, and academics from the humanities, all concerned with the ways in which scientific facts and debates about fracking have been framed and given meaning. The work comprises four parts: Part 1 provides an international, legal, energy, economic, and revenue overview of the topic. Part 2 has a physio-geographic theme, with chapters on the inter-related aspects of water, geology, geo-hydrology, seismicity and biodiversity, as well as archaeological and palaeontological considerations. Part 3 focuses on public health, and sociological and humanities-related aspects, and Part 4 addresses the relevant laws, emphasising their implementation and the role of governance. The underlying theme of Hydraulic Fracturing in the Karoo: Critical Legal and Environmental Perspectives is one of caution. The book emphasises the need for collaboration between the natural and social sciences and the responsibilities of those charged with the implementation and governance of the fracking enterprise if South Africa hopes to effectively manage fracking at all.
Law Clinics and the Clinical Law Movement in South Africa provides guidelines to assist clinicians and universities with the development of the clinical legal education curriculum, teaching methodology and the administration of a university-based law clinic. The manual was developed from contributions taken from papers and presentations given by clinicians attending workshops of the South African University Law Clinics Association (SAULCA). The book offers a wide range of guidance on many components of clinical legal education, including integrating clinical legal education with the requirements of higher education and the legal profession, setting goals and objectives for a clinical legal education programme, and an examination of the basic principles of teaching and learning as well as assessment. It also focuses on the different methods of teaching and learning, such as lecturing, supervision, legal research and mediation. The teaching portfolio covers in detail many subjects, including client communications, drafting and civil trial advocacy. The manual pays attention to the day-to-day administration of a university-based law clinic with practical support on financial and office management as well as accreditation. The unique feature of this manual is that the material covered in many sections offers practical advice and examples which will be of benefit to newly appointed law clinicians. The manual adheres to SAULCA's vision, mission and objectives, and in collaboration with its member university law clinics, SAULCA continues to investigate and explore new methods and processes which aim to improve clinical legal education and access to justice.
South African law remains relatively silent on the legal aspects of pregnancy, and legal commentary is rather scarce too. While there have been attempts to address the gaps in the law in relation to specific issues in pregnancy, these attempts have usually favoured the individual protection of the unborn at the expense of pregnant women's agency and rights, which has given rise to a tension between female reproductive autonomy and foetal interests. In Pregnancy Law in South Africa, the author explores the question of whether it is possible to regard pregnancy in law as embodying both women and the unborn and whether the pregnancy can be construed in a way that it does not come to be framed as an adversarial relationship. Pregnancy Law in South Africa focuses on the issues of prenatal substance abuse, termination of pregnancy, violence that terminates a pregnancy, and the extension of legal personhood to the unborn. The author argues that pregnancy-related issues will never be adequately resolved unless the potential for an adversarial pregnancy relationship is removed and proposes a relational approach to pregnancy, centred on fostering relationships, in order to eliminate the potential for tension. The author contends further that a relational approach encourages imaginative and constructive possibilities for law reform efforts without sacrificing women's reproductive autonomy and rights or the recognition of the unborn. Pregnancy Law in South Africa provides a sound theoretical approach to pregnancy in law and its recommendations seek to promote healthy, rights-affirming pregnancies.
Environmental Law and Local Government in South Africa is the first work of its kind to extensively analyse South African environmental law and policy for local government. This book meets an important need in the area of environmental management. This novel collection of theoretical scholarship and real-life examples presents different features of the interface between local government and environmental law. Each chapter is accessible yet detailed enough to be useful. In the scope of this comprehensive work, 32 authors collectively answer the question: What is the role of local government in moving South Africa towards a sustainable future, considering the dictates and scope of environmental law?
Feminist lawyers have long been engaged in critiquing the gendered nature of South African law. This project has increased in importance and scope as a result of the centrality of gender equality, as a value and a substantive right, in the South African Constitution. Gender, law and justice provides both theoretical and practical tools to enable academic and practising lawyers to apply concepts of gender equality to the law. It introduces readers to basic feminist concepts and arguments, and to a wealth of local, comparative and international material on gender and the law. It also illustrates how the law may be shaped to transform the social, cultural and economic conditions of women's lives in South Africa, at the same time as it acknowledges the limits of legal strategies for change. Gender, law and justice has three main objectives. The first is to identify the different positions of women in South Africa and to examine the disparate impact of the legal system on their lives. Secondly, it aims to expose the gender bias in legal concepts and in the content and application of legal rules. Thirdly, it suggests changes to the law, and evaluates those changes that have already occurred, with a view to developing the law so that it is better able to ensure justice and meet the diverse needs of women in South Africa.
Children's Social Care Law is a comprehensive guide for those advising children with care and support needs through a complex web of legislation, guidance and case-law. The author expertly brings together key issues in education, health and social care law in England and Wales and covers in detail all the significant domestic and European cases that form the basis of children's social care law and cases in overlapping areas such as the NHS, mental health and support for asylum-seekers and persons from abroad. Children's Social Care Law also deals with wider issues that touch upon the welfare of children. Each chapter begins with an overview of the legal framework of legislation and guidance to provide context to the cases that are digested chronologically within themes. Case summaries are presented with a succinct headnote, a clear outline of facts and a summary of the judgment - often with extensive citations - to aid the busy practitioner to quickly and efficiently identify the most relevant cases as well as save valuable research time with extensive signposting to the most important resources. This invaluable new resource will be essential reading for lawyers, advisers, carers, health and social care professionals, local authorities and regulators. Children's Social Care Law is a companion volume to Adult Social Care Law.
Expert medical evidence is often essential and pivotal in support or defence of medical negligence. Such cases invariably involve questions of technical and factual complexity requiring the evaluation of conflicting expert medical testimony. In this book, the first standalone textbook on expert evidence in South Africa, the authors expound and extrapolate the whole process from the initial obtaining of the relevant health records to the eventual testimony of the medical expert witness in court. The authors offer an instructive guide to busy practitioners to assist them with - Identifying the correct expert speciality or sub-speciality, The construction of a medico-legal opinion, The status of joint minutes of such experts, The preparation of an expert's examination-in-chief, Cross- and re-examination of an expert. Expert evidence in clinical negligence also discusses the invaluable role of experts in the resolution of medical malpractice disputes by way of mediation. Relevant case law and the applicable uniform rules of court are comprehensively discussed and set out in the footnotes for ease of reference.
Informed by international law, international relations and environment management scholarship, this interdisciplinary analysis of environmental regimes in Asian subregions proposes a new regime for the Himalayas and Tibetan Plateau based on China's cooperation with its south Asian neighbors. After evaluating the nine existing environmental regimes across the subregions of southwest, central, southeast and northeast Asia, Simon Marsden proposes a tenth regime for the cross subregion in south and east Asia known as the Third Pole. The role of China in connection with each of the existing agreements - as lender, dialogue partner or Party - is a key aspect of the analysis, considering it in developmental, legal and political contexts. Conclusions recommend future research to progress efforts in developing such a regime and caution the need for context in any legal transplant. This book will have a strong appeal for international environmental law and environmental planning and management researchers. Meanwhile those in international relations or international politics will find valuable insights in the book's exploration of relationships between the states of each subregion and China, whilst coverage of the regulation of oil and gas, hydroelectricity and exploitation of other resources will be of great interest to energy law scholars and practitioners.
The quality and the strength of an environmental legal system is a reflection of the conceptual foundations upon which it is constructed. The Research Handbook on Fundamental Concepts of Environmental Law illuminates key aspects of environmental governance through the lens of their underlying dimensions: for example, the form, structure and language of international, regional and national instruments; the function of norms, objectives and standards; and the relevance of economic analysis and of integrated policy formulation. The topical chapters in this timely Handbook include analyses of human rights, constitutional rights, property rights, sustainable development, environmental impact assessment and precaution. Perceptive contributions examine the emerging roles played by various concepts, values and objectives in environmental governance. The nature of these emerging concepts and their relationship with traditional rights and duties, which are typically reactive in nature, is of particular significance. The concepts examined go to the heart of environmental law: the capacity of a system of environmental governance to be judicially recognized and enforced. This insightful Handbook will be a valuable resource for all students and researchers in environmental law and governance. It will be essential reading for policymakers, legal drafters and anyone needing to understand the foundations of the modern environmental legal system.
With aquaculture operations fast expanding around the world, the adequacy of aquaculture-related laws and policies has become a hot topic. This much-needed book provides a comprehensive guide to the complex regulatory seascape. Split into three distinct parts, the expert contributors first review the international legal dimensions, including chapters on the law of the sea, trade, and access and benefit sharing for aquatic genetic resources. Part Two discusses how the EU and regional bodies, such as the North Atlantic Salmon Conservation Organization (NASCO), have addressed aquaculture development and management whilst the final part contains twelve national case studies exploring how leading aquaculture producing countries have been putting sustainability principles into practice. These case studies focus on implementation approaches and challenges, in particular emphasizing ongoing national struggles in attaining effective aquaculture zoning and marine spatial planning. Students and scholars of environmental law and politics will find this contemporary volume an invaluable addition to the limited academic literature critiquing aquaculture law and policy. Policy makers, international bodies and NGOs will also find its insights particularly informative when ensuring sustainable aquaculture regulation and development.
Only through a concerted global effort can we protect our natural resources, save our precious natural environment, and indeed our future. Pressures on our natural environment come from many directions, including overuse, mismanagement and contamination, all of which must be addressed through a range of measures as part of an international response. This much-needed book reviews and evaluates the use of market and fiscal instruments in protecting our natural resources, from rural to marine environments. The expert contributors emphasise the need to reduce greenhouse gas emissions to stem the tide of irreparable harm to our natural resources. Market instruments that are designed to protect the global atmosphere are evaluated, along with carbon instruments and environmental tax incentives. Meanwhile, consideration is given to shifting the tax burden to achieve environmentally responsible outcomes, balancing sustainable use and natural resource protection, and protecting water resources. Offering a comprehensive appraisal of market instruments and policy solutions for natural resource protection, this book is ideal for both policy makers and students and academics of environmental law, economics and sustainability.
In the face of the failure of the traditional `command and control' model of environmental regulation to curb the devastating losses of biodiversity around the world, policymakers are increasingly seeking new approaches to deal with this complex interdisciplinary issue. The Privatisation of Biodiversity? provides a timely contribution to this debate by exploring the legal aspects and the scope to strengthen conservation through these reforms. Colin Reid and Walters Nsoh draw on literature well beyond legal sources, particularly from ecology, environmental economics and philosophy to reach a number of pragmatic conclusions on the issues discussed. The new approaches explored include payment for ecosystem services, biodiversity offsetting and conservation covenants, as well as taxation and impact fees. Such mechanisms introduce elements of a market approach as well as private sector initiative and resources. This book considers both the practical and ethical aspects of the regulatory choices available to identify the potential and limitations of an increasingly market-based regime. Bringing clarity and coherence to a complex issue, this book will act as a useful tool for environmental and public law scholars as well as other academics in a range of fields interested in biodiversity conservation. It will also provide valuable insight for policymakers, legal practitioners involved in planning, environmental and agricultural matters, public bodies with responsibility for conservation, landowners, managers and developers, individuals and NGOs dedicated to biodiversity, and students of nature conservation interested in exploring new mechanisms for achieving their objectives.
This timely book is an investigation of the highly debated questions: do coroners' recommendations save lives and how often are they implemented? It is the first socio-legal investigation of coroners' recommendations from several countries. Based on an extensive study, it analyses Coroner's Court findings and litigation from Canada, England, Ireland, Australia and Scotland, as well as over 2000 New Zealand coroners' recommendations, and includes more than 100 interviews and over 40 respondents to a survey. The book probes coroners', organisations' and families' experiences of the Coroner's Court in detail and includes substantial quotations from, and discussion of, their experiences. The data analysed demonstrates that while coronial recommendations can be useful tools for intervention and policy development, coroners' contribution to morbidity and mortality prevention at the population level requires further development. In addition to coroners, lawyers, health practitioners, families, organisations and policy makers, researchers from Law, Medicine and the Social Sciences will find this pioneering volume an important and illuminating resource.
Significant growth in economic activity in the Arctic has added weight to the argument that projects must be developed responsibly and sustainably. Addressing growing concerns regarding the exploitation of the Arctic's natural resources, this timely book presents and evaluates examples of best practice in Arctic environmental impact assessment. Timo Koivurova and Pamela Lesser succinctly synthesise primary data gathered from interviews with local communities, indigenous peoples, NGOs, government officials and businesses in Finland, Sweden, Norway, Greenland, Iceland, Canada, Russia and the USA. Considering all stakeholder perspectives, they present the regulatory processes of all eight Arctic countries, and also provide helpful flowcharts that depict the process graphically for each country. Measuring these practices against the 1997 Guidelines for Environmental Impact Assessment in the Arctic, the only Arctic environmental impact assessment guidance document that has been officially approved by the ministers of all eight Arctic countries, this book identifies key areas where adherence to best practice is high, such as stakeholder outreach and development, as well as those areas that fall short. Thorough and accessible, Environmental Impact Assessment in the Arctic will provide an excellent reference for academics in the fields of law and environmental studies as well as for government officials and stakeholders who stand to benefit from best practice.
REDD+ (Reducing Emissions of greenhouse gases from Deforestation and Forest Degradation) is an important tool under the UNFCCC for incentivizing developing countries to adopt and scale up climate mitigation actions in the forest sector and for capturing and channeling the financial resources to do so. This Handbook eloquently examines the methodological guidance and emerging governance arrangements for REDD+, analysing how and to what extent it is embedded in the international legal framework. Organized coherently into five parts, contributions from legal experts, international relations scholars, climate change negotiators and activists explore the history and design of REDD+ in the UN climate regime, as well as linkages between REDD+ and other international agreements. The book also considers global governance for REDD+, its financial dimensions including markets and investment and future developments and legal challenges. Detailed analysis from a range of angles illustrates the interplay of international norms and institutions and maps out a legal research agenda for identifying best practice solutions. Shedding light on one of the most vibrant and fast-moving fields in international law, this comprehensive Handbook is essential reading for scholars of international law and international relations, policy makers in the area of climate change, REDD+ and land sector experts and NGOs.
The rapid growth of shale gas development has led to an intense and polarizing debate about its merit. This book asks and suggests answers to the question that has not yet been systematically analysed: what laws and policies are needed to ensure that shale gas development helps to accelerate the transition to sustainability? In this groundbreaking book, more than a dozen experts in policy and academia assess the role that sustainability plays in decisions concerning shale gas development in the US and elsewhere, offering legal and policy recommendations for developing shale gas in a manner that accelerates the transition to sustainability. Contributors assess good practices from Pennsylvania to around the planet, discussing how these lessons translate to other jurisdictions. Ultimately, the book concludes that major changes in law and policy are needed to develop shale gas sustainably. Policymakers and educators alike will find this book to be a valuable resource, as it tackles the technical, social, economic and legal aspects associated with this sustainability issue. Other strengths are its clear language and middle-ground policy perspective that will make Shale Gas and the Future of Energy accessible to both students and the general public.
Nurses need quick, reliable legal information to protect themselves in practice, management and education, and this Fast Facts provides it - from malpractice/negligence issues to workplace and business law, teaching in the classroom and in clinical settings, disaster nursing, dispute resolution, and more. In one handy resource organized for quick access, nurses will find answers to questions regarding documentation, informed consent and patient rights, employment and organizational law, trials, and alternatives in dispute resolution. The only book of its kind, it has been authored by highly respected nurse attorneys and practitioners, underscoring its value as a savvy reference for any legal issue related to nursing practice, management, or education. Key Features: Provides a quick, single-source reference on legal issues for nurses in practice, management and education Covers critical issues including malpractice/negligence, documentation, informed consent and patient rights, employment and business law, disaster nursing issues, and dispute resolution Written by noted nurse attorney authors and practitioners
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