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  • BSZ  (46)
  • Online Resource  (46)
  • Cham : Springer Nature Switzerland  (46)
  • International law.  (46)
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  • 1
    Online Resource
    Online Resource
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    ISBN: 9783031441882
    Language: English
    Pages: 1 Online-Ressource(XIII, 378 p. 26 illus., 7 illus. in color.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
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    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Constitutional law. ; Law ; Law ; Comparative government.
    Abstract: Introduction -- Impeachment in History and Thought -- Impeachment in Latin America -- Legal Aspects of Impeachment in Comparison -- Conclusions.
    Abstract: This book pursues a comparative and interdisciplinary approach to assess presidential impeachments in Latin America. Mixing methodologies from legal studies and political science, it provides a novel and comprehensive assessment of some of the most controversial questions regarding the constitutional function of impeachment and its place in the theory of government. Presidential impeachments have become frequent in Latin America, yet they are still largely misunderstood by legal practitioners and the general public. As such, impeachments frequently provide for heated and polarizing debates. The misunderstandings stem from skewed expectations arising from different theories of government, legal interpretation, and presidential impeachment. The empirical evidence and arguments presented here will help to find common ground on these topics and pacify some latent tensions in society and academia. In addition, the book’s case studies cover cases that have been rarely or incompletely addressed in the literature. Some cover events so recent that they have never been analyzed elsewhere. The book proposes reconsidering certain assumptions made about systems of government, which are based on skewed expectations of impeachments. It also draws on new evidence to re-examine existing impeachment theories and develop new ones. By doing so, it offers valuable insights that may guide lawmakers to redesign their own systems, optimizing them to achieve certain goals. It will also acquaint legal practitioners with the strategies of prosecution, defense, and decision-making in connection with impeachments.
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  • 2
    Online Resource
    Online Resource
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    ISBN: 9783031478703
    Language: English
    Pages: 1 Online-Ressource(VII, 64 p. 8 illus., 1 illus. in color.)
    Edition: 1st ed. 2024.
    Series Statement: SpringerBriefs in Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Criminal law.
    Abstract: Chapter 1. Introduction -- Chapter 2. The making of criminal law as an element of ius puniendi -- Chapter 3. Substantive criminal law in the normative approach -- Chapter 4. Non-state actors as law-makers -- Chapter 5. Regulation issued by the non-state actors. Chapter 6. Conflict of regulation-elements of norms -- Chapter 7. The regulation of non-state actors as elements of the domestic penal norms -- Chapter 8. Conclusions.
    Abstract: This book describes how statements made by non-state actors affect the scope of an individual's criminal responsibility and how they should be taken into account by domestic criminal courts. Sentencing is only possible on the basis and within the limits of the law. In the 21st century, this law increasingly means regulations formulated by various non-state actors: international organisations, human rights tribunals or statutory bodies. The content of these regulations does not only refer to states, but often has a direct impact on the legal situation of individuals. Two worlds collide here. Strict criminal law is influenced by fluid regulations issued by entities that have not been empowered to exercise the right to punish. The book presents an interpretative method to support the court's inference in the cases outlined above, based on the using the concept of two interrelated norms: the norm of the individual and the norm of the court.
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  • 3
    ISBN: 9783031499272
    Language: English
    Pages: 1 Online-Ressource(XXXV, 218 p. 2 illus.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
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    Keywords: Law of the sea. ; International law. ; Aeronautics ; Private international law. ; Conflict of laws. ; Comparative law. ; Information technology ; Mass media
    Abstract: Introduction and Overview of the Book -- Abilities of UAS, Historical Expansion and Integration Challenges into Civil Aviation -- International Air Law Response to Challenges in UAS Regulation -- Legal, Policy and Institutional Framework For Regulation of UAS in the United States Of America (USA) -- Legal, Policy and Institutional Framework For Regulation of UAS in South Africa -- Legal, Policy and Institutional Framework For UAS in Kenya -- Synthesis of Outcomes Regarding Integration of UAS into Civil Aviation in the US, South Africa and Kenya -- Conclusion, Recommendations and Way Forward.
    Abstract: This book evaluates how the legal, institutional and policy frameworks for Unmanned Aircraft Systems (UAS) in the United States, South Africa and Kenya have addressed the current needs and challenges involved in these systems’ operation and integration into regulatory frameworks for civil aviation. It shows how the three states have developed their own constitutional frameworks, legislation, regulations, policies and strategic plans to address the challenges that emanate from integrating UAS into the civil aviation airspace. The book details the three countries’ integration experiences, investigating the extent to which existing international regulatory frameworks address the various concerns, and identifies the common thread that runs through UAS regulation, as well as each country’s unique issues and path to integration. Recognizing that the approach for integration of UAS into civil aviation needs to be gradual and pragmatic, the book recommends scaling up institutional capacity, coordination and funding, and intensifying regional efforts to redefine and support UAS integration.
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  • 4
    Online Resource
    Online Resource
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    ISBN: 9783031388378
    Language: English
    Pages: 1 Online-Ressource(XXI, 452 p. 11 illus. in color.)
    Edition: 1st ed. 2024.
    Series Statement: Economic and Financial Law & Policy – Shifting Insights & Values 8
    Parallel Title: Erscheint auch als
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    Keywords: International law. ; Trade regulation. ; Law and economics.
    Abstract: Chapter 1. The principles of capitalism questioned -- Chapter 2. Revisiting some building blocks of contemporary capitalism that center selfishness -- Chapter 3. Unsustainability of the capitalist socio-economic order -- Chapter 4. Revisiting an alternative method of money creation on behalf of states and certain, international, and supranational institutions as a possible way out of capitalism -- Chapter 5. From neoliberal punitive states to states of care -- Chapter 6. Alternative methods of money creation for the benefit of the private sectors -- Chapter 7. Conceptualization and sense of reality of some new, legal models for conducting an enterprise -- Chapter 8. Final Conclusions I: Capitalism as an unjust system of socio-economic order -- Chapter 9. Final Conclusions II: Establishing a new monetary order as a foundation for a new type of societies.
    Abstract: The book analyzes socioeconomic through the lens of a lawyer. In the past decade the world has witnessed some severe financial and economic crises, espe­cially the financial crisis of 2007-2008 and the crisis caused by the COVID-19 pandemic. The author states that the socio-economic order has in the past four to five decades been thoroughly redesigned, generally favouring models that prio­ritize the free market over the public interest or even, more generally, government operation. He works out that during four to five decades, globalized, capitalist societies are facing a multiplicity of fundamental problems, such as: (1) increasing debt that severely burdens both the private and public sectors; (2) persistent poverty and an ever-increasing polarization between rich and poor, in addition to (3) intractable environmental problems that, fifty years after the Club of Rome's report entitled ‘Limits to growth’ (1972), has dragged the world into what in recent years has been referred to as "climate change." The book explains why all this is the direct result of value choices made from the late Middle Ages onwards, when in the Western world the societal models of that time were increasingly abandoned for a societal model that came to rely on the primacy of economic interests. The book not only subjects the ethical choices but also examines various problems it has caused and probes for possible ways out. This is an open access book.
    Note: Open Access
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  • 5
    Online Resource
    Online Resource
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    ISBN: 9783031455759
    Language: English
    Pages: 1 Online-Ressource(XIV, 291 p.)
    Edition: 1st ed. 2024.
    Series Statement: Ius Gentium: Comparative Perspectives on Law and Justice 109
    Parallel Title: Erscheint auch als
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    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Human rights. ; Civil rights. ; European communities.
    Abstract: Introduction -- The problem and its scale: Privacy invasions of Pakistani media -- The concept of the right to privacy -- Right to privacy and freedom of expression in the Constitution of Pakistan -- Reconciling the freedom of expression with the right to privacy: Protecting private life from media invasions under the ECHR -- Privacy protection in ECHR member states: Germany and the United Kingdom -- Recommendations: A privacy law for Pakistan.
    Abstract: This book focuses on devising a comprehensive protective mechanism for the right to privacy in Pakistan. It argues that the existing legal regime lacks an effective remedy for victims of privacy violations and emphasizes the need for comprehensive legislation to safeguard this crucial right. Pursuing a multidisciplinary approach, the book thoroughly explores the issue of media intrusions into people’s privacy through thematic media content analysis and highlights the significant impacts of these intrusions on victims’ lives. In the process, the book addresses various conceptual aspects, their relevance, and their implications for privacy-related disputes during adjudication. Recognizing that theoretical underpinnings alone may not be sufficient to create a legal regime “from scratch,” it explores the enforcement of the right to privacy under the European Convention on Human Rights (ECHR), as interpreted and enforced by the European Court of Human Rights (ECtHR). The book subsequently goes beyond exploring international law by analyzing the impact of media-and-privacy cases on privacy protection in two major member states: Germany (a civil law jurisdiction) and the United Kingdom (a common law jurisdiction). Drawing upon these conceptual and comparative legal deliberations and findings, the book provides concrete guidelines for a new privacy law in Pakistan.
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  • 6
    Online Resource
    Online Resource
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    ISBN: 9783031476020
    Language: English
    Pages: 1 Online-Ressource(VI, 404 p. 8 illus.)
    Edition: 1st ed. 2024.
    Series Statement: AIDA Europe Research Series on Insurance Law and Regulation 9
    Parallel Title: Erscheint auch als
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    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Environmental Law. ; Law ; Contracts. ; Common law. ; Commercial law. ; Environmental law, International.
    Abstract: Law and environment. Prevention, control, responsibility -- Global Governance of the Environment and implications for the Insurance Industry -- Environmental liabilities and Insurance Law in the EU -- Environmental Liabilities and Insurance Law in the United Kingdom -- Managing Environmental Risk through Insurance: China -- Environmental Liabilities and Insurance Law in the United States -- Environmental Civil Liability In The Mercosur Region South America -- Environmental insurance product -- Prevention in environmental insurance -- Loss adjustment in the environmental insurance and the role of the loss adjuster -- Waste insurance -- Underwriting Environmental Risks for Carbon Capture Usage and Storage (CCUS) Coverage: Challenges and Best Practices Forward -- Liability for environmental damage in aviation -- Liability for environmental damage in outer space and its insurance -- Liability for pollution damage to the marine environment.
    Abstract: This book identifies the role of insurance in a comprehensive system for managing environmental risks at the local, regional and global level. National and international legal instruments regulating environmental protection, especially aspects like pollution, are not precisely reflected in insurance concepts intended to cover environmental risks. As such, there is a need to identify environmental risks and to propose a taxonomy of environmental risks for various types of insurance coverage. The authors refer to the issues of liability in environmental protection, the scope of insurance coverage and comment on specific issues the importance of which has been noticed by the legislator or insurance practice. The book examines these issues horizontally and vertically from various standpoints, focusing on insurance as a means of managing environmental risks. In this regard, it mainly concentrates on (1) identifying and analyzing environmental risks and methods for managing them via private and public instruments, and (2) insuring these risks. The book is intended for all those interested in the field of insurance and environmental risk regimes, including lawyers, academics and legal professionals.
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  • 7
    Online Resource
    Online Resource
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    ISBN: 9783031519758
    Language: English
    Pages: 1 Online-Ressource(X, 65 p. 25 illus., 24 illus. in color.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
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    Keywords: Law of the sea. ; International law. ; Aeronautics ; Aerospace engineering. ; Astronautics. ; Geotechnical engineering.
    Abstract: 1. Introduction: Yvonne Karimi-Schmidt -- 2. keynotes -- 3. laudation -- 4. Thanks -- 5. Selected relevant literature on the topic -- 6. authors.
    Abstract: This book provides insight into the significance of the law of outer space in promoting order, cooperation, and peaceful activities in space. It emphasizes the advantages of having a legal framework in place to govern space exploration and utilization, rather than relying on power and force. .
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  • 8
    Online Resource
    Online Resource
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    ISBN: 9783031557958
    Language: English
    Pages: 1 Online-Ressource(VIII, 102 p.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
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    Keywords: Administrative law. ; Law ; Law ; Private international law. ; Conflict of laws. ; International law. ; Comparative law.
    Abstract: 1. The "idea" of administrative law -- 2.The theoretical and legal-institutional context -- 3. The "options" of administrative law -- 4.The "return" of "authoritative" administrative law -- The role of "concerted administrative law" -- 6. State responsibility,- 7. The control of administrative activity. 8. Conclusions.
    Abstract: The book provides a discursive reflection on the current challenges facing administrative law, based on a key idea: the defence of the liberal model of society. The author describes the content of her book as a turning point on the traditional standards of the rule of law and the way it impacts on the administrative state and administrative law. Considering the current use (and abuse) of emergency law by governments – based on economic crisis, environmental crisis, pandemic, and the economic situation caused by the Ukraine war – she devises a different balance or equilibrium on the usual separation of powers. Many reasons contribute to this turning point: i) the weaknesses of an open society easily swayed by social networks; ii) social “tribalism” replaces common good and general interest; iii) social tribalism leads to illiberal society, which causes illiberal democracies; iv) illiberal democracies lead to ungovernability which reinforces the role of the government, the emergency law, and some de facto measures. The author looks at many recent decisions from the ECJ and the ECHR and some constitutional and administrative courts, which extends the interest of this work to a wide range of professionals, from scholars to students, from judges to lawyers, filling the gap from an administrative law perspective of the current issues.
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  • 9
    ISBN: 9783031526855
    Language: English
    Pages: 1 Online-Ressource(VIII, 257 p.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
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    Keywords: Civil rights. ; European communities. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Constitutional law.
    Abstract: 1. Introduction -- 2. The Charter of Fundamental Rights in the case law of the ECJ The significance and decisive advantages of a functional approach -- 3. National Courts and the CJEU: A Common Judicial System -- 4. The Austrian Constitutional Court’s Charter decision: European fundamental rights in addition to (other) constitutionally guaranteed rights -- 5.Avoiding the rain or learning to dance in it: The hesitations of the Spanish Constitutional Court -- 6. On the Realignment of the German Fundamental Rights Review: Implications of the “Right to be Forgotten” Decisions for the Application of the EU CFR as a Relevant Standard -- 7. The EU Charter of Fundamental Rights in constitutional adjudication. The Italian perspective -- 8. The Charter of Fundamental Rights of the European Union at the Portuguese Constitutional Court: The Data Retention Cases -- 9. Application of the EU Charter of Fundamental Rights in the Courts of Lithuania. -- 10. Sweden, F undamental R ights and the EU Charter -- Poking the Bear or Waking the Sleeping Beauty? The Potential of Fundamental Rights Complaint Procedures Before the CJEU.
    Abstract: The sometimes complex and controversial relation between the fundamental rights of the European Union, as enshrined in the EU Charter of Fundamental Rights (CFR), and national fundamental rights in the context of constitutional review is reflected in a series of landmark decisions in the multilateral cooperation of European courts, which have reshaped the fundamental rights architecture in the multilevel system in recent decades. This book aims to contribute to a systematic and comprehensive analysis of the EU and constitutional law issues involved, thus serving as a reference point for scholars and practitioners dealing with this emerging topic in depth. Following this approach, it sheds light on the broader Union legal context of these developments, examines the role of the CFR for Constitutional Courts, the relationship between constitutional and ordinary courts, and assesses the key decisions concerning the application of the CFR as a standard of constitutional review. It also draws some initial conclusions on the development of the European fundamental rights architecture, its prospects and possible implications for the Union’s legal order. The book contains several contributions by European legal experts from academia and the judiciary, who examine the different methods of constitutional application of the CFR from a comparative law perspective. These contributions deal with the following aspects: first, the role of the CFR for the respective Constitutional Court with regard to the application of EU law as well as national law falling within the scope of the CFR; second, the relationship between the respective Constitutional Court and the ordinary courts with regard to the application of the CFR; third, the relevant facts and legal reasoning of the most important Constitutional Court decisions on the application of the CFR as a relevant standard of constitutional review; fourth, the relevant case law of the CJEU on the relationship between Union and national fundamental rights, as well as its broader implications for the multilateral cooperation of European courts. The individual chapters examine, inter alia, the following decisions: Verfassungsgerichtshof (Austria), March 14, 2012, U 466/11 et al.; Corte Constituzionale (Italy), January 23, 2019, Sentenza 20/2019; Bundesverfassungsgericht (Germany), November 6, 2019, 1 BvR 276/17; Tribunal Constitucional (Portugal), June 3, 2022, Acórdão 268/2022; Tribunal Constitucional (Spain), June 29, 2022, Sentencia Decision 89/2022.
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  • 10
    Online Resource
    Online Resource
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    ISBN: 9783031568220
    Language: English
    Pages: 1 Online-Ressource(X, 316 p. 7 illus., 5 illus. in color.)
    Edition: 1st ed. 2024.
    Series Statement: Economic Analysis of Law in European Legal Scholarship 17
    Parallel Title: Erscheint auch als
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    Keywords: Commercial law. ; European Economic Community. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Law and economics.
    Abstract: While previous volumes have examined specific issues and developments such as the coronavirus crisis or digital transformation from a law and economics perspective, the anniversary edition returns to the methodological and philosophical fundament of the discipline of law and economics. The present book aims to examine these foundations in general and, in particular, efficiency, reciprocity and meritocracy, and their relation to law and justice from an interdisciplinary perspective. Efficiency: Traditionally, the economic analysis of law has been guided by the goal of efficiency. Economists usually define efficiency as Pareto or Kaldor–Hicks efficiency. Any change that makes one member of society better off without anyone else being worse off is a Pareto improvement. A change is a Kaldor–Hicks improvement if the gainers value their gains more than the losers value their losses, with only hypothetical compensation required. Reciprocity: Economists have traditionally based their models on the self-interest hypothesis of homo oeconomicus. In this model, an individual maximises his own utility without being altruistic or jealous. Behavioural economics challenges the self-interest hypothesis. In fact, many people deviate from purely self-interested behaviour. There are also signs that considerations of fairness and mutual benefit are important in bilateral negotiations and in the functioning of markets. Meritocracy: The concept of meritocracy refers to a system, organisation, or society in which people are selected and promoted to positions of success, power, and influence on the basis of their abilities and merits. This means that an individual is able to climb the social ladder through hard work. Moreover, meritocracy directs the most talented people into the most functionally important positions, thereby increasing a society's efficiency. However, the equalising function of meritocracy has been criticised. Rather than reducing inequality, meritocracy is seen as the cause of racial, economic and social inequality.
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  • 11
    Online Resource
    Online Resource
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    ISBN: 9783031546181
    Language: English
    Pages: 1 Online-Ressource(XI, 305 p. 1 illus.)
    Edition: 1st ed. 2024
    Parallel Title: Erscheint auch als
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    Keywords: Human rights. ; Law ; Law ; International law.
    Abstract: Introductory Remarks -- PART I: On Equality -- Equality Paradigms and Non-Discrimination: Theoretical Approximations -- Equality Principles and Institutionalism: Judicial Spill-Overs and Dialogues -- PART II: Redefining Recognition -- Equality Paradigms and Contemporary Politics of Recognition -- Principles of Recognition – or How to Move Forward? -- PART III: Towards Collectivisation -- Exploring Counterbalancing Paradigms: Positive Discrimination and Collectivisation -- Collective Subject-Holdership, Processes and Scales of Collectivisation -- Concluding Thoughts.
    Abstract: This book develops a critique of the equality paradigms and principles to be found in the majority of today’s legal orders. It accompanies the reader taking her/him/x from a critique of non-discrimination and equality to the ‘opposite’ end of the spectrum, that is, to collective rights, collectivization processes and a manifestation of recognition that is based on difference. This interdisciplinary, theoretical journey explores a multiplicity of (legal) orders in terms of how they provide spaces of articulation for ‘difference’. The book draws, emblematically, on the rights of indigenous peoples as well as recognized and unrecognized cultural, ethnic, linguistic and religious minorities. The book thereby builds on legal and political theory, which ultimately proves essential given the dedicated objective of the book, that is, to introduce a variety of recognition principles and what the author terms ‘scales of collectivization’, which facilitate a better understanding of collective rights and further ways to capture, define and ultimately measure these rights.
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  • 12
    Online Resource
    Online Resource
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    ISBN: 9783031404153
    Language: English
    Pages: 1 Online-Ressource(V, 117 p. 57 illus., 44 illus. in color.)
    Edition: 1st ed. 2024.
    Series Statement: Southern Space Studies
    Parallel Title: Erscheint auch als
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    Keywords: Law of the sea. ; International law. ; Aeronautics ; Outer space ; Astronautics. ; Latin America
    Abstract: This peer-reviewed book presents a comprehensive overview of the role space is playing in enabling Latin America to fulfil its developmental aspirations. Following on from the highly acclaimed Parts 1 to 4, it explains how space and its applications can be used to support the development of the full range and diversity of Latin America societies, while being driven by Latin American goals. The Latin American space sector is currently undergoing a phase of rapid and dynamic expansion, with new actors entering the field and with space applications increasingly being used to support the continent’s social, economic, and political development. All across Latin America, attention is shifting to space as a fundamental part of the continental development agenda, and the creation of a Latin American space agency is evidence of this. Additionally, while in recent years, significant advances in economic and social development have lifted many of Latin America’s people out of poverty, there is still much that needs to be done to fulfil the basic needs of the population and to afford them the dignity they deserve. To this end, space is already being employed in diverse fields of human endeavour to serve Latin America’s goals for its future, but there is still a need for further incorporation of space systems and data. This book will appeal to researchers, professionals and students in fields such as space studies, international relations, governance, and social and rural development.
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  • 13
    ISBN: 9783031467714
    Language: English
    Pages: 1 Online-Ressource(XVI, 244 p.)
    Edition: 1st ed. 2024.
    Series Statement: Springer Studies in Law & Geoeconomics 2
    Parallel Title: Erscheint auch als
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    Keywords: International law. ; Trade regulation. ; Commercial law. ; European Economic Community.
    Abstract: The EU Foreign Subsidy Regulation – Why, What and How? by Lena Hornkohl -- Economic Sanctions as an Instrument of Foreign Investment Control by Tamás Szabados -- Balance of Payments-Related Restrictions on the Freedom of Investment by Claus Zimmermann -- Next-level Screening? The Case of Outbound Investment Screening by Jonas Fechter -- Determining the Role of FDI Screening in International Investment Law by Kilian Wagner -- States’ Shareholding as a Tool of Investment Control in Strategically Important Companies: Any Consequences for International Responsibility? by Bartosz Soloch -- Screening Authorities in the EU: Considerations on Governance, Powers, and Accountability by Jacques Bourgeois and Alessandra Moroni -- The Evolving Concept of National Security and Foreign Investment Screening Procedures with Particular Reference to the Italian Regime by Maria Rosaria Mauro -- National Security and Essential Security Interests in CJEU Jurisprudence by Marek Jaśkowski.
    Abstract: This second volume of highly topical two-volume set “The Investment Weapon” continues to present pioneering research for the purpose of developing a common analytical foundation and framework for the emerging interdisciplinary research field of investment control. This second volumes shifts the focus from the policy context to the legal and regulatory aspects of investment controls, specifically from an international, transnational, and comparative law perspective. The topics range from control of subsidized investments to non-national security related investment controls and alternatives to investment screening.
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  • 14
    Online Resource
    Online Resource
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    ISBN: 9783031514258
    Language: English
    Pages: 1 Online-Ressource(V, 131 p. 24 illus., 21 illus. in color.)
    Edition: 1st ed. 2024.
    Series Statement: Southern Space Studies
    Parallel Title: Erscheint auch als
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    Keywords: Law of the sea. ; International law. ; Aeronautics ; Astronomy. ; Popular Culture.
    Abstract: Space Law in Movies and Series: A Demonstration and Prediction of its Application and Evolution -- Work in Space: The Changing Image of Space Careers in the TV Series Doctor Who -- “Clear skies but with a chance of satellite debris” – The Space Debris Problem as portrayed in the Movie Gravity: Fact or Fiction? -- COINS4Food: As above so below.
    Abstract: Following on from the highly acclaimed Parts 1 to 3, this book provides detailed insights into how space and popular culture intersect across a broad spectrum of examples, including cinema, music, art, arcade games, cartoons, comics, and advertisements. This is a pertinent topic since the use of space themes differs in different cultural contexts, and these themes can be used to explore various aspects of the human condition and provide a context for social commentary on politically sensitive issues. With the use of space imagery evolving over the past sixty years of the space age, this is a topic ripe for in-depth exploration. The book also discusses the contrasting visions of space from the late nineteenth and early twentieth centuries and the reality of today and analyzes space vehicles and habitats in popular depictions of space from an engineering perspective, exploring how many of those ideas have actually been implemented in practice and why or why not (a case of life imitating art and vice versa). As such, it covers a wide array of relevant and timely topics examining intersections between space and popular culture and offering accounts of space and its effect on culture, language, and storytelling from the southern regions of the world.
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  • 15
    Online Resource
    Online Resource
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    ISBN: 9783031546143
    Language: English
    Pages: 1 Online-Ressource(XI, 152 p.)
    Edition: 1st ed. 2024.
    Series Statement: Gender, Justice and Legal Feminism 4
    Parallel Title: Erscheint auch als
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    Keywords: Human rights. ; Law ; Law ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Religion and law.
    Abstract: Introduction and Background -- Theoretically Contextualising the Project -- Contextualising Legal Pluralism -- South Africa’s History of Colonialism and Apartheid -- Locating Islam in South Africa: History of Mosques and Muslim Organisations -- Compromising Legislation – Upholding the Patriarchy -- Social Context of Women’s Experiences -- The Collusion of the Patriarchs -- Muslim Personal Law and the State: Legal Pluralism and Its Discontents.
    Abstract: This book presents an in-depth exploration of the intricate negotiations of married Muslim women within Cape Town’s Muslim communities, navigating the complexities of legal pluralism governed by Muslim Personal Law (MPL). Spanning historical epochs from colonialism to the democratic era, it argues that MPL’s informal status perpetuates patriarchal norms, especially in the domain of marriage. It critically examines the consequences of the non-recognition of Muslim marriages within the civil legal framework and underscores the ambiguous intersections of MPL with broader legal systems, which leaves women in a precarious legal state overshadowed by religious doctrines. Adopting a gender perspective and an interdisciplinary approach that combines political science, sociology, and the law, the book reveals the historical roots of legal pluralism, while also shedding light on the political strategies that have perpetuated gender-stratified citizenship. Despite all the democratic promises, legal pluralism persists, contributing to gender disparities, and the book critically examines the government’s reluctance to address the marginalisation of Muslim women, especially through the lens of the proposed Muslim Marriages Bill (MMB). This book is essential reading for scholars in the fields of law, sociology, and gender studies, offering critical insights into the intersections of legal systems, religion, and gender dynamics within Muslim communities in Cape Town.
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  • 16
    Online Resource
    Online Resource
    Cham : Springer Nature Switzerland | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031463013
    Language: English
    Pages: 1 Online-Ressource(XIII, 221 p. 1 illus.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als Children in custody disputes
    Keywords: Law and the social sciences. ; Community development. ; Social service. ; Juvenile delinquents. ; Social psychiatry. ; International law. ; Family policy. ; Aufsatzsammlung ; Kind ; Familie ; Elterliche Sorge ; Recht ; Familiengericht
    Abstract: Chapter 1. Introduction: Matching legal proceedings to the problem in custody disputes -- Chapter 2. Children’s health matters in custody conflicts – What do we know? -- Chapter 3. Nordic family mediation: towards a system of differentiated services? -- Chapter 4. Custody disputes from a socio-legal perspective -- Chapter 5. Children’s participation and perspectives in family disputes -- Chapter 6. Mapping paths to family justice: Resolving family disputes involving children in neoliberal times -- Chapter 7. Out-of-court Custody Dispute Resolution in Sweden – A Journey without Destination -- Chapter 8. Children’s health matters in custody conflicts: Best interest of the child and decisions on health matters -- Chapter 9. Challenges when family conflicts meet the law – A proactive approach -- 10. Beyond the Horizon: Matching Legal Proceedings to the Problem in Custody Disputes.
    Abstract: This open access book explores how legal proceedings in and out-of-court can be matched to the complex problems underlying disputes concerning child custody, residence and contact between parents. It focusses in particular on Nordic experiences of in and out-of-court mechanisms as means of resolving custody disputes. The contributors are internationally renowned and experienced researchers from the legal, psychological, and sociological fields who provide empirical as well as legal perspectives. They examine central legal, ethical and knowledge-based dilemmas in custody dispute proceedings. The findings speak to an international audience and suggest ways how to best realize the interests of the child. It transcends disciplinary, institutional, and jurisdictional boundaries in search of new knowledge. Anna Kaldal is a professor of procedural law and head of subject at the Faculty of Law, Stockholm university, Sweden. Her main field of research is evidential law and children in legal proceedings, especially children in custody cases, criminal cases and child protection cases. She is one of the founders of the Stockholm Centre for the Rights of the Child. Agnes Hellner is a senior lecturer in procedural law at the Faculty of Law, Stockholm University, Sweden. Her research focuses on access to justice, comparative procedural law and constitutional law dimensions of procedural law, such as the relationship between the courts and the legislature. Titti Mattsson is a professor of public law at the Faculty of Law, Lund University, Sweden. Her research focuses on legal, ethical and human rights issues within national social welfare systems, including children's rights. Mattsson is heading the Health Law Research Centre at Lund University.
    Note: Open Access
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  • 17
    Online Resource
    Online Resource
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    ISBN: 9783031412530
    Language: English
    Pages: 1 Online-Ressource(XIII, 148 p. 7 illus., 6 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: European Union and its Neighbours in a Globalized World 11
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Human rights. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Civil rights. ; European communities.
    Abstract: Introduction -- Human rights in the context of post-conviction preventive detention in Poland -- Execution of a prison sentence. International standards - the local perspective -- Rehabilitation vs. Retribution/Repression: An Introduction to Systemic Contradictions in the Czech Penitentiary System -- Restorative vs punitive approach. Eight fundamental principles of juvenile delinquency prevention -- Human rights in Chilean prisons: advances, setbacks and challenges for prison reform -- Crisis of the penitentiary system in Peru in light of the fight against drugs -- Prisons in Argentina and challenges of human rights -- Penitentiary system and community justice in Mexico -- Conclusions.
    Abstract: This book examines human rights and penitentiary law in Central Eastern European and Latin American countries from a comparative perspective. How are penitentiary systems and human rights currently being transformed in both regions? This question guides contributors hailing from both Central Eastern Europe and Latin America, filling the gaps at both the international and national level. The book compares Central Eastern European countries with Latin American countries, shedding new light on similarities and differences alike. The main themes of this book are the analysis of penitentiary systems in different countries and a general analysis of criminal and criminological issues. The respective chapters examine how penitentiary laws are changing within different contexts and regulatory regimes. The book seeks to cross boundaries to understand new divisions, fragmentations, and forms of authoritarianism in today’s world, more specifically in Poland, North Macedonia, Chile, Argentina, Peru and Mexico.
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  • 18
    ISBN: 9783031406010
    Language: English
    Pages: 1 Online-Ressource(XVIII, 357 p. 21 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: EYIEL Monographs - Studies in European and International Economic Law 32
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; Trade regulation. ; International economic relations.
    Abstract: 1. Introduction -- 2 Fragmentation of International Trade Law due to the activity of PTA-DSMs. -3. Revisiting methodological shortcomings for assessing the role of PTA-DSMs for the fragmentation of international trade law -- 4. Developing the Ramifications for the Analysis on the Contribution of Active PTA-DSMs to the Diversity in the Regulation of International Trade -- 5. Putting the revisited methodology to practice -- 6. Results on PTA-DSMs’ role for the fragmentation of international trade law -- 7. General conclusion.8. Annex -- 9. Bibliography.
    Abstract: This book provides innovative and empirically based insights into the ongoing debate on the fragmentation of international trade law. It offers the reader a much-needed doctrinal overview of the different approaches to the issue of fragmentation and reveals their inherent methodological advantages and limitations. On this basis, the book then approaches the issue of fragmentation from an empirical standpoint by applying a novel dataset on Preferential Trade Agreements’ Dispute Settlement Mechanisms (PTA-DSMs), which have been used to adjudicate general exception clauses within the context of the individual PTA Members’ obligation to liberalize trade in goods. Although the results remain limited to the single issue of PTA-DSM adjudication for liberalization of trade in goods, they are indicative of key misconceptions regarding the fragmentation of ITL. As the findings confirm, the PTA-DSMs assessed have ultimately come to equivalent decisions, taking into consideration their overall use, the nature of the legal commitments embedded in the respective PTAs, and the economic wellbeing of the respective PTA partners. The book reveals the influence of specific PTA-DSMs on other PTA-DSMs and thereby paves the way for legal unification, rather than fragmentation.
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  • 19
    ISBN: 9783031328718
    Language: English
    Pages: 1 Online-Ressource(XII, 225 p. 42 illus., 36 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Studies in Space Policy 35
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Aeronautics—Law and legislation. ; Outer space—Exploration. ; Law of the sea. ; International law. ; Aerospace engineering. ; Astronautics. ; Aeronautics ; Outer space
    Abstract: Introduction -- Conceptualising Space Actors: State And Power In Space -- Measuring Space Actors: A Methodological Framework -- Comparing Space Actors: An Empirical Assessment.
    Abstract: This book explains on what basis a nation can claim the status of space power, what are the criteria differentiating a space power from “lesser” space actors, and how their spacepower can be empirically measured and assessed. To this end, it sets forth a comprehensive multidisciplinary framework to enable a dynamic comparison of space actors and of the pathways that lead them in and out of the space powers’ club. Drawing upon a critical review of the existing literature, it conceptualises spacepower as a form of state power based on the complex interplay between the two defining dimensions of stateness, namely the well-studied dimension of capacity and the often neglected yet exceedingly important dimension of autonomy. The book demonstrates that only actors possessing high levels of both autonomy and capacity qualify as space powers. Different levels of either capacity or autonomy produce other types of space actors, including skilled spacefarers, self-reliant spacefarers, primed spacefarers, and emerging space actors. This innovative conceptual framework is complemented by an in-depth comparative assessment that collects and processes a large amount of hard-to-find data on the most active global space actors and aggregates multiple indicators into a compound, non-hierarchical index of space power visualised in the form of a matrix.
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  • 20
    ISBN: 9783031408014
    Language: English
    Pages: 1 Online-Ressource (VIII, 303 Seite)
    Series Statement: European Union and its Neighbours in a Globalized World Volume 10
    Series Statement: European Union and its neighbours in a globalized world
    Parallel Title: Erscheint auch als Modernising European Legal Education (MELE)
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Teaching.
    Abstract: This open access book presents innovative strategies to address cross-cutting topics and foster transversal competences. The modernization of European legal education presents a compelling challenge that calls for enhanced interdisciplinary collaboration among academic disciplines and innovative teaching methods. The volume introduces venues towards education innovation and engages with complex and emerging topics such as datafication, climate change, gender, and the aftermath of the COVID-19 pandemic. The insights presented not only emphasize the importance of preserving traditional approaches to legal disciplines and passing them on to future generations, but also underscore the need to critically reassess and revolutionize existing structures. As our societies become more diverse and our understanding of legitimacy, justice, and values undergoes transformations, it is imperative to reconsider the role of traditional values while exploring promising alternative approaches.
    Note: Open Access
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  • 21
    Online Resource
    Online Resource
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    ISBN: 9783031375262
    Language: English
    Pages: 1 Online-Ressource(X, 174 p.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Domestic relations. ; Sociology. ; Social groups.
    Abstract: Chapter 1 Introduction to Adoption -- Chapter 2 Change a Life -- Chapter 3 A Mother Without A Baby -- Chapter 4 In Whose Best Interest? -- Chapter 5: How Much do We Miss When We See the Obvious? -- Chapter 6 Recommendations.
    Abstract: Did you know that once a week an adopted child is advertised to be given away on Internet? The book “Unregulated Custody Transfer of Adopted Children’ is a thought-provoking and an eye-opening book that uncovers the gray zone of adoption. The book talks about the often-overlooked issue of the terrifying reality of national and international adoption. Through legal analysis and accompanying story this book sheds light on the heart-wrenching reality of children who have been rehomed. It delves into the lives of adoptive families who find themselves overwhelmed and unable to care for their adopted children, leading to a black market of custody transfer where vulnerable children are given away with one click and with just one piece of paper to strangers. This book is a must-read for as it highlights the urgent need for increased regulation and oversight to protect the well-being of children in need of safe and loving homes. Particular attention is given to the international adoption and the countries such as Russia and Ukraine. The author has played close attention to the laws and regulations in the above mentioned countries by first hand translation and research, in order to give a deeper insights into the heartbreaking reality of unregulated custody transfer of adopted children. The book provides helpful insights for lawmakers, legal practitioners, scholars, child care professionals, international law scholars and students interested in human rights law, adoption law, and child protection.
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  • 22
    ISBN: 9783031283369
    Language: English
    Pages: 1 Online-Ressource(XII, 243 p. 32 illus., 30 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Advanced Sciences and Technologies for Security Applications
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Security, International. ; Peace. ; International relations. ; International law.
    Abstract: PREFACE -- ACKNOWLEDGMENTS AND INTRODUCTION -- Part 1 - European perspective -- Chapter 1. Sovereignty and Defence in the future of the European Union -- Chapter 2. The hegemonic rivalry between the PRC and US: EU’s place -- Chapter 3. The Russia–Ukraine conflict from an international law perspective -- Chapter 4. The Russian commitment to Eurasianism: A crazy idea for European Security and Defence? -- Chapter 5. Eurasia vs. West: history, causes, and issues related to de Ukrainian war -- Chapter 6. Security of the Eastern Borders of the EU in the context of the Functions of the European Border and Coast Guard Agency. Selected elements -- Part 2 - Far East Challenges -- Chapter 7. Chinese expansionism without borders. Threat to international security -- Chapter 8. Chinese influence in the southern cone: Bolivia, Chile and Argentina -- Chapter 9. The role of the Philippines in the South China Sea -- Chapter 10. Artificial Islands in the South China Sea. Territorial Disputes in the Area. United Nations Conference of the Law of the Sea proposals -- Chapter 11. The arbitral decision regarding historic rights and the lawfulness of certain actions of China in the South China Sea under Annex VII to the United Nations Convention on the Law of the Sea -- Part 3 - Global Risks -- Chapter 12. The risk of misuse of nuclear technology in the context of geopolitical conflict between the west and the east -- Chapter 13. Returned foreign terrorist fighters: different responses to a common security threat to Asia and the West? -- Chapter 14. Cyber intelligence over Cyber security in the Asia-West conflict -- Chapter 15. Jihad in Europe: Towards a predictive model for the neutralization of terrorist threats -- Chapter 16. Developments oblige the new Iranian Government to give a higher priority to its neighbouring countries -- Chapter 17. Analysis of Crisis management systems in the contexts of the Global Economic Crisis and Military-Political Changes -- EPILOGUE.
    Abstract: This book aims to analyze from a multidisciplinary perspective the current geopolitical conflict between East and West, between two differentiated and apparently conflicting cosmogonic visions. The geopolitical evolution of the current panorama seems to lead to a new world in the field of international relations, a new board played on a planetary level. Once again, bloc geopolitics can be glimpsed in the immediate future, in which the most important actors such as Russia, China, the United States of America, and the European Union are called to position themselves with respect to the territorial and strategic ambitions of the opponent. International law seems to be overwhelmed by military actions and factual pressure on the ground, while the battle of ideas extends to the technological field and cyberspace. The different origins of the authors, with extensive academic, military, police forces, and business experience undoubtedly enriches the unique perspective that this work intends to address, always in the attempt to enforce international law and the channels of dialogue between nations, such as the best solution to conflicts.
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  • 23
    Online Resource
    Online Resource
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    ISBN: 9783031201905
    Language: English
    Pages: 1 Online-Ressource(XI, 91 p. 3 illus.)
    Edition: 1st ed. 2023.
    Series Statement: SpringerBriefs in Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law—Europe. ; Law—Philosophy. ; Law—History. ; Europe—Politics and government. ; International law. ; Political science. ; Law ; Europe ; Law ; Law
    Abstract: Chapter 1: Introduction. Democracy and judicial governance in Europe -- Chapter 2: The trade-offs of judicial governance -- Chapter 3: Modernization, democracy and judicial governance -- Chapter 4: Independent judicial councils and democratic quality: a set-theoretical approach -- Chapter 5: Conclusions and some policy reflections -- Appendix 1. Classification and justification of models of judicial governance -- Appendix 2. Database for replication of statistical analyses -- Appendix 3. QCA data matrix for replication of analyses.
    Abstract: Amid the growing debate about models of judicial governance and their relationship to democratic quality, this book offers a systematic and empirical study of this relationship. The book thereby contributes to filling in this gap for the European continent. Taking an interdisciplinary politics and law perspective, and combining empirical and theoretical considerations, the book addresses the important link between democracy and judicial governance. In particular, it provides for three interconnected contributions. First, the book provides for a comprehensive classification of European countries into different models of judicial governance. Second, the book analyses empirically the relationship between the design of judicial governance and the quality of democracy. Third, building on those findings, the book presents policy reflections for the reform and improvement of mechanisms for judicial governance in European countries. The book seeks to refine our knowledge about the relationship between judicial governance and democracy, making an important academic and social contribution. In an era in which many democracies backslide and deconsolidate, it assesses to what extent existing mechanisms for judicial governance have contributed to the stability and quality of democratic systems in which they are implemented. Furthermore, the book puts forward reflections to improve the role of organs for judicial governance in fostering the quality of democracy. Since the book introduces in an accessible form key concepts of Judicial Governance, it will be of interest for the general public as well as academics and students in the fields of Law and Political Science. The book also addresses policy makers, as based on our empirical knowledge about the interaction judicial governance and democracy it puts forward ideas for a design of judicial governance that is more capable of protecting democratic systems of government.
    Note: Open Access
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  • 24
    Online Resource
    Online Resource
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    ISBN: 9783031417443
    Language: English
    Pages: 1 Online-Ressource(X, 364 p. 3 illus.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Law ; Commercial law. ; European Economic Community.
    Abstract: Part I National Perspectives on the Law of Third Sector Organizations -- The Third Sector in Belgium -- The Diversity of Third Sector Organizations in Denmark -- French Economie Sociale et Solidaire in the Middle of the Ford -- Law in Transition: Reforming the Legal Framework of the Third Sector in Germany -- Third Sector Organisations in Ireland: Assembling the Regulatory Jigsaw Pieces of an Evolving, if Fragmented, Sector -- The New Italian Code of the Third Sector. Essence and Principles of a Historic Legislative Reform -- The Legal Infrastructure of the Third Sector and the Social Economy in the Netherlands -- Third Sector in the Third Republic: An Overview of the Law and Practice in Poland -- The Legal Regime of the Social Economy Sector in Portugal -- Social Economy and Third Sector in Spanish Law. Convergences and divergences -- Part II European and Comparative Law of Third Sector Organizations -- Third Sector Organizations in a European and Comparative Legal Perspective -- The Taxation of Social Economy Entities in the Perspective of EU Law -- European Law of Third Sector Organizations from the US Standpoint.
    Abstract: This book presents and discusses the law of third sector organizations in a selected number of European Union countries and in a comparative perspective, with the aim of providing a common basis for further legal analyses or legislative advancements both at the national and supranational level. The book is divided into two parts. Chapters in Part I present the ways in which each national jurisdiction deals with the group of organizations identified by the authors as “third sector organizations”, regardless of the ways in which these organizations are denominated or are commonly known in each country or the place in which their regulation is found. Chapters in Part II share a synthesis and comparative approach and draw the lines for further developments of the research activity culminated in the book.
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  • 25
    Online Resource
    Online Resource
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    ISBN: 9783031257919
    Language: English
    Pages: 1 Online-Ressource(VII, 192 p.)
    Edition: 1st ed. 2023.
    Series Statement: EYIEL Monographs - Studies in European and International Economic Law 29
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; Trade regulation. ; Commercial law.
    Abstract: -- Introduction -- “Deep” trade agenda and multilateralism -- Regionalism and multilateralism: the WTO perspective -- Development of TBT rules in EU and US RTAs -- Conclusion -- Bibliography.
    Abstract: This book examines the interplay between cooperation on technical barriers to trade (TBT) in free trade agreements and the multilateral framework of the World Trade Organization. In recent years, TBT, especially differences in standards, have attracted increased interest and have been addressed as part of the WTO+ negotiated agenda in trade agreements. Because of a number of political and legal constraints, the process of further cooperation at the WTO have been stalled, which made free trade agreements a central pillar in setting the agenda of international trade governance. This leads us to rethinking the interrelation between the WTO and free trade agreements and to questioning the role of both fora in the future of trade. The book examines some TBT provisions in free trade agreements and highlights their positive and problematic aspects when it comes to the WTO-consistency and the ideas of open and inclusive trade. It also suggests that a more optimal way forward would be to increase parallel work on TBT cooperation at the WTO, a more inclusive forum that could address issues of global significance, such as environmental protection and regulation of digital goods. The book explores the potential for trade agreements to advance the WTO agenda, but notes that the organization would need to adapt its institutional structure and governance in order to do so. Drawing on the example of the EU and US so-called “new generation” trade agreements, the book provides a detailed analysis of the various methods used to navigate TBT cooperation, and offers insight into how these agreements can serve as inspiration for future multilateral disciplines. This book is a valuable resource for trade law academics, policymakers, and anyone interested in the intersection of technical barriers to trade, regional trade agreements, and the WTO.
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  • 26
    Online Resource
    Online Resource
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    ISBN: 9783031253300
    Language: English
    Pages: 1 Online-Ressource(VI, 118 p.)
    Edition: 1st ed. 2023.
    Series Statement: SpringerBriefs in Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; Trade regulation.
    Abstract: 1 The Foundations -- 1.1 Introduction -- 1.2 Defining the Notion of “Trade Defence Instruments” -- 1.3 Historical Development -- 1.4 The Economic and Legal Rationale Underlying the Imposition of Trade Defence Measures -- 2 The Current Legal Framework Governing the EU’s Trade Defence Instruments -- 2.1 Primary Law -- 2.2 International Economic Law -- 2.3 Secondary Law -- 3 Enforcement -- 3.1 Competences -- 3.2 Procedural Rights of the Parties to the Proceedings and Rule of Law Requirements -- 4 Judicial Review -- 4.1 Type of Proceedings -- 4.2 Jurisdiction -- 4.3 Standing under Article 263 TFEU -- 5 Perspectives and Current Developments -- 5.1 Reforms and Current Developments at the WTO Level -- 5.2 Reforms and Current Development at the EU Level.
    Abstract: The European Union is one of the most outward-oriented economies in the world, and free trade is one of its founding principles. As such, instruments intended to ensure that international trade is conducted on a level playing field have been part of the EU’s policy toolbox since the beginning of European integration. Adapting to the current changes in international trade, these instruments have since undergone major reforms. This work provides an overview of the EU’s legal framework on the use of its trade defence instruments, in particular measures under the Trade Barriers Regulation, the Basic Anti-Dumping Regulation and the Basic-Anti Subsidy Regulation. The book shares valuable insights into how EU institutions currently apply these instruments and places their application in the broader political context in which international trade takes place, which has been shaped e.g. by developments related to the United Kingdom’s withdrawal from the EU and the ongoing blockade of the WTO Appellate Body.
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  • 27
    Online Resource
    Online Resource
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    ISBN: 9783031206757
    Language: English
    Pages: 1 Online-Ressource(VI, 193 p. 76 illus., 64 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Southern Space Studies
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Aeronautics—Law and legislation. ; Outer space—Exploration. ; Latin America—Economic conditions. ; Law of the sea. ; International law. ; Astronautics. ; Outer space ; Aeronautics ; Latin America
    Abstract: Space as a Tool for Development in Brazil: A Law and Development Perspective -- Honduras in Space So Far: A Central American Approach -- Democracy Through Connectivity: How Satellite Telecommunication Can Bridge the Digital Divide in Latin America -- Social Sustainability: A Challenge for the Supply Chain of the Mexican Space Sector -- Bolivian CanSat Contest: Promoting Space Science and Technology -- Dynamic Computational Analysis of a Cubesat Structure to Test a New Material for a Space-Radiation Protection Shield -- Lessons Learned on the Thermal Analysis of a Cubesat Using the Finite Element Method -- K’oto Project a Cubesat Design: Methodology and Development. .
    Abstract: This peer-reviewed book presents a comprehensive overview of the role space is playing in enabling Latin America to fulfil its developmental aspirations. Following on from the highly acclaimed Parts 1 to 3, it explains how space and its applications can be used to support the development of the full range and diversity of Latin America societies, while being driven by Latin American goals. The Latin American space sector is currently undergoing a phase of rapid and dynamic expansion, with new actors entering the field and with space applications increasingly being used to support the continent’s social, economic, and political development. All across Latin America, attention is shifting to space as a fundamental part of the continental development agenda, and the creation of a Latin American space agency is evidence of this. Additionally, while in recent years, significant advances in economic and social development have lifted many of Latin America’s people out of poverty, there is still much that needs to be done to fulfil the basic needs of the population and to afford them the dignity they deserve. To this end, space is already being employed in diverse fields of human endeavour to serve Latin America’s goals for its future, but there is still a need for further incorporation of space systems and data. This book will appeal to researchers, professionals and students in fields such as space studies, international relations, governance, and social and rural development.
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  • 28
    ISBN: 9783031463914
    Language: English
    Pages: 1 Online-Ressource(XIII, 319 p. 2 illus., 1 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: EYIEL Monographs - Studies in European and International Economic Law 34
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law). ; International law. ; Trade regulation. ; Environmental law, International.
    Abstract: Introduction -- The Contextualisation of Environmental Counterclaims – A Comparative Perspective -- Jurisdiction over Environmental Counterclaims – The Puzzle of Consent -- The Assessment of the Connection Requirement for Environmental Counterclaims -- Searching a Cause of Action for Environmental Counterclaims -- Conclusions.
    Abstract: This book critically analyses the availability of environmental counterclaims in investment arbitration presented by the respondent host state against the claimant investor. It starts from the premise that the conflicting relation between investment law and environmental protection cannot always be avoided. Yet, the instrument of environmental counterclaims in investment arbitration might alleviate such relation. Throughout its chapters, this book addresses the questions about the societal and practical relevance of seeking redress for environmental damage in investment arbitration, the functioning of such instrument both in contract-based and treaty-based investment arbitration, the suitability of arbitral tribunals to rule upon environmental issues, and the kind of environmental damages that could be redressed. Most importantly, by deconstructing the requirements of jurisdiction, connection between main claim and counterclaim, and cause of action, this book provides the tools for the re-conceptualisation of the instrument of counterclaims with the hope of harnessing its utility to achieve appropriate redress for environmental damages caused by foreign investors.
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  • 29
    Online Resource
    Online Resource
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    ISBN: 9783031267864
    Language: English
    Pages: 1 Online-Ressource(XXI, 501 p. 6 illus., 2 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Munich Studies on Innovation and Competition 19
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Information technology—Law and legislation. ; Mass media—Law and legislation. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Commercial law. ; Mass media ; Information technology
    Abstract: Part I: Trade Secrets Legal Protection in the US and in the UE: AnAarea of Law in Search of Coherence -- Introduction to Part 1 -- Premise – Intellectual Property and Unfair Competition: Two Regulatory Paradigms With Different Purposes and Apparatus -- Trade Secrets Subject Matter: A Broad and Blurred International Consensus -- Trade Secrets Legal Apprehension: An Uncertain Normative Framework -- Part II: Redefining Trade Secrets Law by Differentiating Between Two Different Legal Objects: The Secret Sphere and the Secret Pieces of Information -- Introduction to Part 2 -- Premise – The Absence of Clear Theoretical Foundations -- The Legal Protection of Undertaking's Secret Sphere as a Necessity For The Functioning of the Market Economy -- The Legal Apprehension of Secret Pieces of Information as Immaterial Goods Regulation -- Conclusion – The Distinction between the Secret Sphere and Secret Pieces of Information: The Need of a New Conceptual Model for Trade Secrets Law -- Part 3 - Conclusion -- General Conclusion -- Part 4 Summaries -- German Summary -- French Summary -- Bibliography.
    Abstract: Despite the economic relevance of trade secrets, their legal protection is not based on a robust theoretical corpus, and a large uncertainty remains regarding how they should be legally apprehended. The present book investigates the foundations of their legal protection by assessing its justifications and aims to define how this legal apprehension should be organized. The book starts with a comparative analysis of the US and the EU legal frameworks. It demonstrates the parentship existing between the two systems of protection and highlights that the incremental structuring of trade secrets protection has led to legal systems lacking broad-based conceptual foundations. In both legal orders, trade secrets rely on blurred protection, formally anchored in unfair competition, the strength of which, however, comes closer to that offered by intellectual property law. In this convoluted architecture, the judiciary is required to play a decisive role, especially at the enforcement stage. However, the absence of clarity concerning the telos of trade secrets protection leads to legal uncertainty, potentially incoherent enforcement, and, all in all, to inefficient outcomes from a welfare perspective. The book then explores a theoretical framework based on a distinction between two legal objects: the undertakings’ secret sphere and secret pieces of information. Securing the undertakings’ secret sphere appears as a condition for the competition process to happen in an economy working under structural uncertainty. It requires objective regulations enforced by public authorities. On the other hand, the legal apprehension of secret pieces of information should be considered as falling within the realm of immaterial goods regulation aiming to solve the deficit of marketability of this type of good. This might call – after conducting a careful policy trade-off – for the establishment of relative (i.e. inter partes) subjective rights.
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  • 30
    Online Resource
    Online Resource
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    ISBN: 9783031367311
    Language: English
    Pages: 1 Online-Ressource(XVII, 210 p.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Human rights. ; Humanitarian law. ; International law. ; Peace. ; Law ; Law
    Abstract: Introduction – The Concept of Enforced Disappearance -- The Content of Enforced Disappearance -- The Scope of the Right Not to Be Subjected to Enforced Disappearance -- The Scope of Truth and Reparation -- Conclusions.
    Abstract: This book offers a distinctive approach to the right not to be subjected to enforced disappearance. Over the last decade, the entry into force of the UN Convention for the Protection of All Persons from Enforced Disappearance has brought to the forefront of legal discussion the need to effectively address the practice of disappearance. Yet, there are still obstacles to combatting it, which are in part due to a limited understanding of the right’s underlying concept, content and scope. This book examines the phenomenon and definition of enforced disappearance and sheds new light on the right against disappearance. Presenting a doctrinal appraisal of the norm’s legal value, it suggests that the right against enforced disappearance holds a customary value, while also arguing that it has since attained a jus cogens status. Lastly, it examines in detail the rights to truth and reparation and how regional and national courts have interpreted these norms. It assesses the UN Convention’s dynamics and considers whether the lack of a right against disappearance embedded in regional human rights systems affects individuals’ protection. The book provides an overview of key jurisprudence on disappearances, making it of benefit to both practitioners and theorists of international law.
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  • 31
    ISBN: 9783031411045
    Language: English
    Pages: 1 Online-Ressource(XV, 246 p. 4 illus.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
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    Keywords: Environmental law, International. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Natural disasters.
    Abstract: 1 Introduction -- 2 The Ability to Reduce a Natural Hazard’s Impact and its Perception -- 3 The International Obligations in the Context of Natural Hazards -- 4 The Limitation to Disaster Risk Reduction by Fundamental Rights -- 5 The ‘Better Argument’ in Legitimate Risk Governance -- 6 Conclusion.
    Abstract: Disaster losses in the context of natural hazards continue to rise, despite a growing understanding of disaster risks and measures to reduce them. One obstacle to enhancing private and public disaster risk reduction is the influence of the distorted risk perception of laypeople. The book argues for the necessity of public regulations and explores means to mitigate the consequences of such distorted risk perception through legal measures and adjustments to political decision-making in Council of Europe member states, while respecting the value of autonomy and democratic principles. In terms of collective decision-making, the book advocates for the implementation of deliberative fora in the democratic decision-making process to mitigate the influence of distorted risk perception associated with natural hazards. Additionally, the book discusses a range of disaster risk reducing measures that member states may lawfully implement to protect individuals and communities from the consequences of distorted risk perceptions related to common natural hazards. To underscore the merits of strengthening disaster risk reduction from the bottom-up, this book demonstrates how fundamental rights and democratic values impede attempts to increase DRR from the top-down, even in cases where people's risk perceptions are distorted. In doing so, the book addresses the issue of disaster risk reduction in a novel way by exposing how legal and political barriers to disaster loss reduction can be overcome by giving higher priority to mitigating distorted risk perceptions.
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  • 32
    ISBN: 9783031310508
    Language: English
    Pages: 1 Online-Ressource(VIII, 230 p.)
    Edition: 1st ed. 2023.
    Series Statement: Asian Yearbook of International Economic Law 2023
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; Trade regulation. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law). ; Asia ; International relations.
    Abstract: Difficult Times in Investment Relations between China and Germany: The Cases of Siltronic/GlobalWafers and COSCO/HHLA -- China’s Dilemma in Renewing its Belt and Road Initiative -- Conflicts over Industrial and Trade Policy: Europe between China and the United States -- Investment Screening in India -- National Security Exceptions in the New Generation Investment Treaties -- Future Unready: Does the WTO need to bolster its Security Exceptions?.-Environmental Regulation and International Investment Law in South Asia -- Balancing Substantive Fairness and Procedural Efficiency: An Analysis of the ISDS Appeal Mechanism under the Rules of Beijing International Arbitration Center -- IPEF, CPTPP and RCEP – The State of Play in ASEAN -- Potential Economic Collaboration Models for the South China Sea Natural Resources -- ASEAN Political Security Community and the Ukraine War, the State of ASEAN Centrality -- Tashkent International Arbitration Centre at the Chamber of Commerce and Industry of Uzbekistan: Taking Stock on its Fourth Anniversary -- Uzbekistan Investment law and policy: challenges and opportunities -- Henry Gao and Weihuan Zhou, Between Market Economy and State Capitalism China's State-Owned Enterprises and the World Trading System, Cambridge University Press, 2022, ISBN: 978-1-108-90879-5 -- Sergio Puig, At the Margins of Globalization: Indigenous Peoples and International Economic Law, Cambridge University Press, 2021, ISBN: 978-1-108-49764-0.
    Abstract: The Asian Yearbook of International Economic Law (AYIEL) 2023 addresses the rapidly evolving field of international economic law with a special focus on Asia and the Pacific. This region has long been and remains a major engine of the world economy; at the same time, it is characterized by a host of economies with varying developmental levels, economic policies and legal jurisdictions. The AYIEL 2023 therefore focuses on international economic law, especially on security and industrial policy.
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  • 33
    ISBN: 9783031417924
    Language: English
    Pages: 1 Online-Ressource(XI, 488 p. 13 illus., 12 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Ius Gentium: Comparative Perspectives on Law and Justice 108
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Public law . ; Political planning.
    Abstract: Comparing and Contrasting Local Government in Multi-Layered Systems -- Part I - The Federal-local Connection in Mature Federations -- The US Local Government Organisation: Origins, Development, and Federal Implications -- Local Governments in the Canadian Federal System – Institutions, Jurisdiction and Cooperation -- Local Governance in the Swiss Federal System. Comparative and Alternative Approaches to the Traditional Paradigm -- Local Governments in Germany between Growing Challenges and Precarious Budgets -- Local Government in Australia: Constitutionally Subordinate, but Vibrant and Fundamental -- Local Governance in Austria: Diversity in Homogeneity -- Part II - The Federal-Local Connection in Devolutionary Federations -- The Municipal Regime in Argentina -- The Municipality in the Mexican Federal System -- Local Governance in Belgium: A Taste of ‘Institutional Lasagna’ Belgian Style -- Local Governance in Brazil: The Unresolved Contradiction between Claims to Autonomy and Centripetal Trends -- The System of Local Government in Italy: A Stress-Test to Traditional Paradigms? -- Local Autonomy in Spain: Between Autonomic Jurisdictions and the Central Level of Government -- Local Government in the United Kingdom -- Federalism, Local Government, and Transition to Authoritarianism in Russia -- ‘Everything is Bridgeable’ in a Post-Conflict Situation? The Situation of Local Government in Bosnia and Herzegovina -- Part III - Postcolonial Reinventions of the Federal-Local Connection -- The Federal-Local Connection: The South African Case -- Autonomy of Local Government in Ethiopia -- Local Governments, Federalism, and the Governance of Public Health in India -- Reconceptualising the Federal-Local Connection. Postcolonial Reinventions. Nigeria -- The Legal Framework of Centre-Local Connections in Malaysia. Beyond the Postcolonial Narrative: Legacy or Reinvention? -- Revisiting Taxonomies: Local Governance Beyond Western Federal Systems.
    Abstract: The book provides a comprehensive analysis of local government in federations. It fills the gap in current legal research and positions local government in federal studies through the lenses of comparative law, adopting a more nuanced approach to local government. The book considers the shortcomings between the black-letter constitution and its operational rules. Whether (and how) the regime of local government is implemented is more relevant than its formal-but-ineffective recognition. The comparative survey discloses the variety local institutions take in different federal contexts. Divided into three parts, the book comprises chapters investigating local government in systems that, to various degrees, have been examined and classified as federal. Scholars throughout the world have examined the federal-local connection in aggregative federations, (the USA, Canada, Switzerland, Germany, Australia, and Austria), devolutionary ones (Belgium, Bosnia Herzegovina, Italy, Spain, the UK, Argentina, Brazil, Mexico, and the Russian Federation), as well as in federations beyond the West, where federalism-as-a-colonial-legacy has undergone a process of reinvention affecting the federal-local connection (South Africa, Ethiopia, India, Nigeria, Comoros, Democratic Republic of Congo, Nepal, Palau, Federated States of Micronesia; St. Kitts and Nevis; United Arab Emirates; and Pakistan).
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  • 34
    Online Resource
    Online Resource
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    ISBN: 9783031395321
    Language: English
    Pages: 1 Online-Ressource(VIII, 151 p. 8 illus., 5 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: SpringerBriefs in Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Criminal law. ; Organized crime.
    Abstract: Chapter 1. Introduction -- Chapter 2. Basic Approaches to Organized Crime Conceptualization -- Chapter 3. The Concept of Organized Crime as Institutional Cluster -- Chapter 4. The Models of Organized Crime in Ukraine in Transition -- Chapter 5. Contemporary Hybrid Model and Organized Crime Cluster -- Chapter 6. Enemy at the Gate. The Impact of Russian War in Ukraine -- Chapter 7. Conclusion.
    Abstract: From the perspective of institutionalism and theories of clusters, this book provides a concept of organized crime as an institutional cluster in contrast to the concept of multiple offences, associated with organized criminal groups or/and criminal organizations. The book offers shifts in the methodology of organized crime analysis and extrapolates the tools of cluster modelling – successfully approbated in the social and economic sciences as a method for the organization of spatially localized systems – to the criminological field. Such an approach gives a fresh view of organized crime essence and contributes to the deeper and more sophisticated understanding of organized crime modus operandi, as well as its influence on the social landscape. Organized crime in today’s world is increasingly moving from rigidly structured entities to decentralization with unclear, blurred edges and a hybrid structure, which is dictated by the rationality of adapting to social change, including the emergence of new widespread demands for illegal goods and services, new ways to evade social control, the prevalence of poly-criminal activities, the involvement in general digitalization, and so on. Specifically, the study is focused on the evolution of organized crime models in Ukraine considering the socioeconomic, political, and ideological background. Organized crime in Ukraine has gone through numerous transitions, encompassing professionally or traditionally organized criminal groups (the so-called community of ‘thieves in law’), functional racketeering groups, businessmen who accumulated their initial capital through the shadow economy, bureaucratically constructed groups from former official vertically powerful ruling circles, networks of personal or professional connections of the Soviet special services, oligarchic-clan pyramidal structures and amorphous delocalized cyber entities. This book also gives a broad picture of contemporary criminal clusters in Ukraine and an assessment of a full-scale war’s impact. Russia’s invasion on 24 February 2022 and massive hostilities provoked a turbulent situation for organized crime, resulting in the breaking of former criminal ties and the degradation of certain criminal and corrupt practices. At the same time, the war and the martial law regime created opportunities for organized crime in Ukraine to develop new illegal markets and relocate existing ones.
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  • 35
    Online Resource
    Online Resource
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    ISBN: 9783031367021
    Language: English
    Pages: 1 Online-Ressource(VIII, 70 p.)
    Edition: 1st ed. 2023.
    Series Statement: SpringerBriefs in Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; Trade regulation. ; Security, International.
    Abstract: 1 Introduction -- 2 (Geo-)Political Background: From Interdependence to “Permanent Exceptionalism”? -- 3 The Security Exceptions in the GATT and TRIPS as Interpreted and Applied -- 4 Methodological Aspects: Curtailing “Trump Cards” through Good Faith and Proportionality? -- 5 Concluding Remarks.
    Abstract: This book offers an in-depth analysis of the WTO security exceptions and relevant rulings by WTO dispute settlement panels. The WTO security exceptions are commonly regarded as the "box of Pandora" of the WTO system, since WTO Member States can invoke them in order to justify trade restrictions violating WTO law which they consider necessary for their essential security interests. The Members of the WTO and the GATT 1947 have hesitated for decades to rely on these security exceptions. In recent years, however, these clauses have been invoked for the first time in high-profile disputes involving Russia and Ukraine, Saudi Arabia and Qatar, as well as the US, China, the EU and other nations. This has been regarded as the turn of an era in view of the risk that the security exceptions could be instrumentalized to undermine the WTO and the international economic governance system more generally. This study therefore thoroughly analyses the WTO panel reports issued in these landmark cases. It also explains the geopolitical relevance of the increasing invocation of security clauses and argues that the legally and methodologically sound application of the WTO security exceptions, which have often been regarded as “self-judging” provisions, requires a proportionality analysis encompassing tests of the suitability and necessity of the trade measures to be justified under these truly exceptional clauses.
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  • 36
    Online Resource
    Online Resource
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    ISBN: 9783031381720
    Language: English
    Pages: 1 Online-Ressource(XVII, 221 p. 6 illus., 1 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: EYIEL Monographs - Studies in European and International Economic Law 31
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; Trade regulation. ; Environmental Law. ; Environmental policy. ; International trade.
    Abstract: Introduction -- A Role for Trade Remedies in Greening International Trade? -- WTO Rules for Greening Trade Remedies -- The Use of Trade Remedies on Green Goods -- Low Environmental Standards and the ASCM Rules -- Low Environmental Standards and the ADA Rules -- Low Environmental Standards and the SGA Rules -- Environmental Injury and Trade Remedy Rules -- Concluding Remarks.
    Abstract: This book explores the role of trade remedies in liberalising environmental trade and discouraging environmentally harmful trade. As trade remedies can pose a significant obstacle to environmental trade, this book outlines how trade negotiators can implement restrictions on the application of trade remedies on environmental goods. It also assesses whether and how investigating authorities can account for differences in environmental protection standards in trade remedy investigations and considers what a possible 'trade remedy' for environmental harm might look like. Although the book concludes that trade remedies will remain a trade instrument primarily driven by economic and competitiveness concerns, it demonstrates how environmental considerations can guide trade remedy policy, how investigating authorities can properly account for the environmental costs of production, and how the limited policy space available in the WTO Agreements on Trade Remedies can be used to pursue green policy goals.
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  • 37
    ISBN: 9783031398049
    Language: English
    Pages: 1 Online-Ressource(X, 269 p. 1 illus.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
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    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Constitutional law. ; Human rights.
    Abstract: Introduction -- PART I: The Rule of Law – General reflections -- Estado de Derecho y Democracia -- The Rule of Law and Democracy in Latin America -- Rule of Law, Democracy and the digital sector -- Preconditions to avoid constitutional crisis: some reflections on appointment procedure of constitutional justices -- Rule of law as a universal “value” -- Rule of Law Concept and its Development by the EU Constitutional Justice -- PART II: Rule of Law and Pandemic -- The Main Trends in Constitutional Jurisprudence Developed by Constitutional Courts during the COVID-19 Pandemic -- Emergencia y Jurisdicción Constitucional -- Common courts' right to constitutional review in the face of the threat to the rule of law – the case of Poland -- Pandemic and the Rule of Law -- The emergency in Estonia, fundamental rights and the rule of law -- Limitations of civil rights during a period of introduction of extraordinary measures in Poland vis-à-vis the pandemic caused by the SARS-CoV-2 virus -- Limiting fundamental rights by governmental regulations – An illiberal response to the COVID-19 pandemic in Poland -- Constitutional Restrictions of Human Rights under the State of Emergency -- Health State of Emergency and Management of the Pandemic – The Italian Experience -- The Covid 19 pandemic and Italian constitutional law. Some reflections on the sources of law -- Estado de Derecho y Restricción de Derechos Fundamentales durante la Pandemia en Brasil: La Actuación del Supremo Tribunal -- Protecting the Rule of Law: Once again about the Legitimacy and Competences of the Constitutional Courts -- El Constitucionalismo ante la pandemia del Covid-19 en el Perú -- Rule of Law and the Pandemic – The Experience of the Republic of Moldova -- Estado de Derecho y lesiones de los Derechos Fundamentales en el estado de alarma o emergencia por el COVID-19 -- PART III: Conclusion -- Concluding Remarks.
    Abstract: The rule of law represents the heart of constitutionalism. Public power can only be legitimately exercised if it is based on and complies with the law. The Constitution and its fundamental values – human dignity, freedom and equality – are the ultimate sources of orientation for the rule of law. Domestic rule of law is complemented by its external dimension, the duty to respect international law and, for EU member states, supranational law. For the World Jurist Association, the realization of the Rule of Law has been the central concern since its founding more than 60 years ago. Its biennial world congresses, which bring together leading figures from politics, the judiciary and academia under the presidency of Javier Cremades, focus on the universal importance of the rule of law, which experts from numerous countries discuss on the basis of current problem areas. At the 2021 World Law Congress in Barranquilla, Colombia, one central topic was the tension between combating pandemics and the rule of law. The contributions gathered here examine how this challenge was met in political-legal practice, and the role of constitutional jurisdiction in the process. They analyze and evaluate the legal situation in numerous countries in Europe and Latin America. In addition, they reflect on fundamental issues, such as the concept of the rule of law, its relationship to democracy, its universal character and its implementation via jurisprudence.
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  • 38
    Online Resource
    Online Resource
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    ISBN: 9783031447600
    Language: English
    Pages: 1 Online-Ressource(X, 207 p. 5 illus.)
    Edition: 1st ed. 2023.
    Series Statement: EYIEL Monographs - Studies in European and International Economic Law 33
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
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    Keywords: International law. ; Trade regulation. ; Private international law. ; Conflict of laws. ; Comparative law. ; Energy policy.
    Abstract: 1 Introduction -- 2 Scope, Terminology and Methodology -- 3. Economic and Political Aspects of Green Electricity Promotion -- 4 Theoretical Issues of Green Electricity Promotion -- 5 Green Electricity Promotion Schemes -- 6. Green Electricity Promotion in Germany -- 7 Green Electricity Promotion in Turkey -- 8 Comparison of Models and Proposals -- 9 Conclusion.
    Abstract: The global energy economy is undergoing a profound transformation, yielding several pivotal objectives. Foremost among these is mitigating greenhouse gas emissions and toxic pollutants. Another essential goal involves promoting more sustainable economies, thereby curbing material consumption and reducing our reliance on resource extraction. Further priorities include fostering energy security and economic resilience by reducing dependence on external energy sources. All these aims overlap in one common policy: accelerating the renewable energy capacity deployment. Complementing this paradigm shift is the complete electrification of economic activities and households, resulting in the need to incentivize green electricity generation. In this context, this book undertakes a comprehensive exploration of the regulatory framework underpinning the advancement of green electricity. After reviewing the political and economic dimensions, it offers an exhaustive analysis of ongoing developments in four legal domains: The WTO, EU, Germany, and Turkey. Furthermore, the book presents a legal analysis of the intricate interplay between the WTO and EU law coupled with the German and Turkish models. It focuses on the most topical and relevant issues, including the effect of the ongoing energy crisis on state aid for green electricity in the EU; WTO case law on local content requirement components of the promotion schemes; the intricate legal, economic, and political challenges that accompany Germany’s Energiewende and its phasing out of coal and nuclear energy; and Turkey’s regulatory endeavors to bolster its energy self-sufficiency strategy. Following a thorough examination encompassing theoretical, regulatory, and comparative aspects, the book moves beyond the applicable legal framework to make concrete proposals on the future design of green electricity promotion in Germany and Turkey so as to facilitate a rapid but socially equitable energy transition by incentivizing economic efficiency.
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  • 39
    Online Resource
    Online Resource
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    ISBN: 9783031467240
    Language: English
    Pages: 1 Online-Ressource(VI, 73 p.)
    Edition: 1st ed. 2023.
    Series Statement: SpringerBriefs in Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; Trade regulation. ; Commercial law. ; European Economic Community.
    Abstract: Introduction -- Political and Economic Reasons for Investment Screening -- Investment Screening in the EU -- WTO Disciplines Relevant for Investment Screening -- The Example of EU Investment Screening as a “Test Case” under WTO Law -- Summary of Conclusions.
    Abstract: In recent years, there has been a worldwide intensification in the use of investment screening mechanisms. This surge is connected with political re-orientations, the rise of new economic powers, and security concerns. Despite the considerable effects that investment screening may have on international investment and trade, there is hardly any literature examining the consequences to be drawn from relevant WTO rules for investment screening. However, the importance of WTO law for such instruments is substantial not least due to the broad scopes of application of the GATT and GATS agreements. The risk that screening activities could be challenged before the WTO is underlined by pertinent panel reports. This book in particular uses the 2019 EU Screening Regulation as an example for illustrating the relevance that WTO law has for investment screening. It concludes that in the light of relevant WTO rulings screening activities undertaken for public order and security reasons may face considerable hurdles not least in the general exceptions and security exceptions of the GATT and the GATS.
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  • 40
    ISBN: 9783031461422
    Language: English
    Pages: 1 Online-Ressource(XII, 200 p. 6 illus., 5 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Living Signs of Law 2
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Environmental law, International. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Law ; Law ; Climatology.
    Abstract: Introduction -- Part I Jurisdictional -- The Future of Climate Litigation in Brazil -- Struggle for Eco-Constitutionalism: The Role of the Constitutional Court in Realising the Right to a Good and Healthy Environment in Indonesia -- Part II Thematic -- Rearranging the Geopolitics of Climate Change due to Climate and Carbon Coloniality -- Environmental Justice: From the Bifocal Lens of Restorative Justice and the Feminist Approach -- The Mitu-Bell Case as a Legal North in the Progressive Realisation of Economic, Social, and Cultural Rights at a Time of Climate Friction and Land usage Practices in Kenya -- The Intersectionality of the Patriarchal Nature of the Exercise for the Formation of a National Register of Citizens (NRC) and the Elusiveness of Climate Justice -- Part III Extra-Jurisdictional Impact -- A Comparative Study on Critical Legal Issues in Korea and EU Countries on Climate Change Litigations: Based on Social Network Analysis (SNA) -- Recent Climate Change Cases in France and Germany through the Lens of Feminist Legal Methods -- Summary and Conclusion.
    Abstract: This book explores how judiciaries in different parts of the world are responding to climate change and how climate change intersects with the law. It offers feminist approaches to the judicial responses to climate change in the Global South, providing both jurisdictional and thematic reviews. Climate change is one of the most pressing global issues facing humankind, and is currently reshaping geopolitics, governance, law, and international relations around the world. The book’s originality lies in its endeavour to highlight judicial perspectives on climate change from prominent female researchers who have been working on this subject professionally and/or academically, bringing both regional and international views to the subject. The main objective is to give a new meaning to the study of climate change by bringing together the most recent aspects, including climate litigation, eco-constitutionalism and the environmental rule of law, climate and environmental justice, climate geopolitics and climate governance. The book will be of interest to students, academics, and scholars of climate law and environmental law around the world.
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  • 41
    Online Resource
    Online Resource
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    ISBN: 9783031459108
    Language: English
    Pages: 1 Online-Ressource(XII, 392 p. 5 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Interdisciplinary Studies in Human Rights 9
    Parallel Title: Erscheint auch als
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    Keywords: Human rights. ; International law.
    Abstract: 1. Introduction -- 2. The Global Time-Space: FPIC in the Fields of Transnational Law -- 3. The National Time-Space: FPIC in Liberian Fields of Post-Conflict Law-Making -- 4. The Local Time-Space: FPIC in the Fields of Community Forestry -- 5. Conclusion: FPIC's Journeys.
    Abstract: The book explores the right to free, prior and informed consent (FPIC) – a highly controversial right. It is mainly discussed in the context of large-scale business projects on Indigenous territories but also with respect to the creation of protected areas and communities’ traditional resource rights. From a legal anthropological perspective, it attempts to disentangle the various coexisting understandings of FPIC and provide an explanation for the multiplicity of FPIC norms or – to put it in other words – its fragmentation. It examines the right- or stakeholders of FPIC, the scope of the consent requirement, the respect for self-determined decision-making, and the right to FPIC of women in different sociolegal fields. Moreover, it explores the impact of power relations, strategic alliances, and discourses within these fields and shows that the emerging FPIC norms are the result of norm negotiation processes. The fields that are examined include transnational law – more specifically, human rights, environmental, and development law -, the Liberian post-conflict forest and land legislation, and Liberian community forests as fields in which FPIC is operationalized. Liberia is quite unique in this respect. It is not only one of the few countries in Africa recognizing FPIC but has also begun implementing it. The book shows that based on the logic of a sociolegal field, legal identities are discursively created and determine the meaning of FPIC. Moreover, different actors can resort to different legalities shaping the emerging FPIC norm. .
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  • 42
    Online Resource
    Online Resource
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    ISBN: 9783031419966
    Language: English
    Pages: 1 Online-Ressource(XVIII, 351 p.)
    Edition: 1st ed. 2023.
    Series Statement: Special Issue
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; Trade regulation. ; International economic relations.
    Abstract: Part I: New Approaches to International Economic Law -- The Depoliticization of Investment Disputes – How Deep Does the “Rabbit Hole” Go -- The OECD Good Regulatory Practices toolbox and Brazil's reform through transnational lenses -- The Role of Multilateral Institutions in the Perpetuation of Climate Breakdown and Vulnerability -- A TWAIL Approach to Reforming the International Investment Regime -- Part II: Technology and Innovation in International Economic Law -- 3D Printing, Valuation, and Service Inputs: Looking to the Future Rather Than the Past to Design Rules of Origin for Advanced Manufactured Products -- Challenges and Possibilities for Classifying Digital Cultural Products in the WTO: A Case Study of Video Games -- E-Commerce Provisions in Regional Trade Agreements and what they mean for African MSMEs -- Part III: Public Policy and International Economic Law -- Pursuing geo-political interests through investment policies: undesirable and (un)feasible -- The Anti-Coercion Instrument: Is the EU renouncing its ‘Multilateralist’ DNA? -- The Principle of Autonomy of EU Law in the Context of Investor-State Dispute Settlement: A Public Policy Norm? -- MFN Dilemma in India’s DTAAs Post-Concentrix Ruling: A Ticking Time Bomb -- Part IV: Trade Regulation -- Energy Transit under GATT Article V and Energy Transit Dispute Resolution at the WTO -- EU Imported Biodiversity Loss – the Gaps and Overlaps Between Trade Impact and Provisions on Biodiversity in EU Free Trade Agreements -- Multilateral and Bilateral Trade Agreements at the Service of ‘Common Interest.
    Abstract: This volume considers novel emerging issues in international economic law, as well as new methodological approaches to more familiar topics. It brings together a diverse range of contributors from five continents, who share invaluable perspectives on a wide range of issues in international economic governance. In doing so, this volume delves deeply into some of the most challenging emerging areas in international economic law, approaching them from an interdisciplinary perspective that brings together legal, economic, and political analysis. Intended for academics and practitioners at all stages of their careers, many of the areas considered in this volume are either entirely new or are being revisited after periods of dormancy. It is our hope that these contributions will yield fresh insights into these new and “classic” areas of IEL. We consider diversity and inclusivity foundational values in IEL. The wealth of ideas showcased in this volume present us with an opportunity to appreciate different facets of originality and rigour in legal academic writing, further highlighting the range of methodological and stylistic preferences of emerging legal scholars in IEL. In June 2022, forty emerging international economic law scholars were selected to present their papers at PEPA/SIEL, where they received feedback from senior members of the SIEL community and beyond. The discussions were lively, stimulating and enriching, leading the editors of this volume to propose putting a selection of the papers into a published book.
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  • 43
    ISBN: 9783030858179
    Language: English
    Pages: 1 Online-Ressource (X, 360 Seiten)
    Series Statement: AIDA Europe research series on insurance law and regulation 6
    Series Statement: Springer eBook Collection
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Commercial law. ; European Economic Community. ; Corporation law. ; Common law. ; Corporate governance. ; Finance—Law and legislation. ; Insurance undertakings ; Corporate law ; Corporate Governance ; Insurance regulation ; System of governance
    Abstract: Introduction -- Part I – The System of Governance of Insurance Undertakings -- Corporate Governance and the so-called “Four-Eyes Principle” -- The Risk Management System, the Risk Culture, and the Duties of the Insurers' Directors -- Role and Significance of the Compliance Function in an Insurance Undertaking -- Insurance Outsourcing: A Legal Analysis -- Remuneration Policies of Insurance Undertakings in Europe: Principles for a deeply Heterogeneus Reality -- Corporate Governance Standards for Insurers in Singapore -- Part II – Insurance Business and Corporate Law -- Recovery and Resolution of Insurance Companies and Director’s Duties -- Restructuring, Winding-Up & Portfolio Transfer of Insurance Companies in Distress -- Insurance in M&A Transactions -- The Algorithmic Future of Insurance Supervision in the EU: A Reality Check -- Financial Reporting in Insurance and International Financial Reporting Standards -- Recent Directions in the Regulation of Insurance Claims Handling in the United Kingdom and Australia: A Model for other Jurisdictions to Consider? -- Business Registration Data as the Best Vehicle to Achieve KYC and AML for Business -- The Influence of Public and Corporate Insurance Law on the Application of Private International Law. Selected Issues.
    Note: Open Access
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  • 44
    ISBN: 9783030894962
    Language: English
    Pages: 1 Online-Ressource(XVII, 307 Seiten)
    Series Statement: EYIEL Monographs - Studies in European and international economic law 21
    Series Statement: Springer eBook Collection
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Trade. ; Civil law. ; International economics. ; International law. ; Environmental economics. ; Environmental Law. ; International trade. ; Power resources. ; Trade regulation.
    Abstract: Introduction -- The emergence of Global Commodity Governance -- Conceptualising TCL -- The effectiveness of TCL -- Fostering the effectiveness of TCL -- Conclusions -- The substance of TCL: An outline.
    Note: Open Access
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  • 45
    Online Resource
    Online Resource
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    ISBN: 9783031186554
    Language: English
    Pages: 1 Online-Ressource(XIII, 344 p.)
    Edition: 1st ed. 2022.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; Trade regulation. ; Environmental law, International. ; Environmental economics. ; Climatology.
    Abstract: 1. Introduction -- Part I: Relevance of the Climate Change InternationaL Legal Framework in Investment Treaty-Climate Change Disputes: Pre(logical)interpretative Phase -- 2. Iura Novit Arbiter and the Application of the Climate Change International Legal Framework to Investment Treaty Disputes -- 3. Formal Relevance of the Climate Change International Legal Framework in Investment Treaty Disputes: Defining the System as a Process of Multi(syncretic)lateralization -- 4. Material Relevance of the Climate Change International Legal Framework in Investment Treaty Law: Unveiling Climate Change Disputes in Investment Treaty Law -- Part II: Gravitational Power of the Climate Change International Legal Framework over the BIT Content-Inerpretation: Orthodox Approach to Harmonisation -- 5. The Orthodox Approach and the Sources of Law in Investment Treaty-Climate Change Disputes -- 6. Orthodox Approach to the Expropriation Standard in Investment Treaty-Climate Change Disputes: Determining the breach through the Sacrificial-Lamb Doctrine -- 7. Orthodox Approach to the Fair and Equitable Treatment Standard (FET) in Investment Treaty-Climate Change Disputes: Determining the Breach through the (Dis)Proportionality/(Un)Reasonableness of the Measure -- Part III: Osmosis of the Global Climate Change International Legal Framework into Investment Treaty Law Through Law Ascertainment: Heterodox Approach to Harmonisation.-8. Heterodox Approach and the Sources of Law in Investment Treaty-Climate Change Disputes -- 9. Direct Application of the Precautionary Principle in Investment Treaty-Climate Change Disputes: Deploying the International Defense of Necessity as a Rule of Law Ascertainment -- 10. Direct Application of the Common but Differentiated Responsibilities and Respective Capabilities Principle (CBDRRC) in Investment treaty-climate change disputes: Vindicating a Differential Approach to Compensation -- 11. Conclusions.
    Abstract: The research question that this book intends to solve is whether the investment treaty law system could be harmonized with the climate change international legal framework and the climate interest that lies beyond. The answer to this research question is divided in three parts. The first examines the relevance of the climate change international legal framework in investment treaty disputes as a natural pre(logical)interpretative stage. The second focuses on the BIT’s content-interpretation, which is the orthodox approach to solve the fragmentation between the system of investment treaty law and the system of international climate change law. Finally, the third part tackles this fragmentation through a heterodox approach that is grounded in the direct application of climate change principles through law ascertainment. Apart from concluding that harmonization between investment treaty law and international climate change law is possible through the orthodox approach to the expropriation and the FET standards, as well as through the direct application of the climate change precautionary principle and the CBDRRC principle−heterodox approach, the dissertation suggests that tribunals are expected soon to openly address climate change disputes in their rulings.
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  • 46
    ISBN: 9783031185724
    Language: English
    Pages: 1 Online-Ressource(XVIII, 295 p. 1 illus.)
    Edition: 1st ed. 2022.
    Series Statement: EYIEL Monographs - Studies in European and International Economic Law 27
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Information technology—Law and legislation. ; Mass media—Law and legislation. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Trade regulation. ; Commercial law. ; European Economic Community. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law).
    Abstract: 1. Introduction -- 2. The legal sources of the UNCITRAL, the EU, Germany and Vietnam on electronic evidence in civil and commercial dispute resolution -- 3. Fundamental principles of civil procedure and the basic principles relating to evidence in civil procedure -- 4. Basic issues of evidence and electronic evidence in civil and commercial dispute resolution -- 5. The significant types of electronic evidence -- 6. Finding electronic evidence -- 7. The authentication of electronic evidence -- 8. The admission of electronic evidence in civil and arbitral proceedings -- 9. Evaluation of electronic evidence and the burden of proof -- 10. Using electronic evidence in civil and commercial dispute resolution - challenges and opportunities -- 11. Final conclusion.
    Abstract: This book provides a deeper understanding of electronic evidence and its use in civil and commercial dispute resolution. The explosive growth of information technology has had major impacts on the development of the economy, society and also on the improvement of legal proceedings with the use of modern technology in all areas of criminal and civil procedures. This book focuses on the current provisions of UNCITRAL, the European Union, Germany and Vietnam concerning electronic evidence in civil and commercial dispute resolution. It analyses the notion and the basic aspects of evidence and electronic evidence and explores the process of finding electronic evidence. Further, it discusses how the effectiveness of finding electronic evidence can be reconciled with a respect for fundamental rights, in particular with personal privacy and personal data protection. The book subsequently addresses the authentication and admissibility of electronic evidence; the evaluation of electronic evidence and the burden of proof; and the challenges of using electronic evidence in civil and commercial dispute resolution. Finally, it puts forward proposals for promoting the use of electronic evidence in these contexts. As the book focuses on the current texts of UNCITRAL and the civil procedure legislation of the European Union, Germany and Vietnam, it relies on a comparative method which deals with the most significant provisions of the above legislation.
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