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  • MPI Ethno. Forsch.  (274)
  • Bayreuth UB
  • English  (274)
  • 2020-2024  (274)
  • 1935-1939
  • Cham : Imprint: Springer  (178)
  • Singapore : Springer Nature Singapore  (96)
  • Imprint: Palgrave Macmillan
  • [Erscheinungsort nicht ermittelbar] : Frontiers Media SA
  • International law.  (268)
  • Private international law.  (174)
Datasource
  • MPI Ethno. Forsch.  (274)
  • Bayreuth UB
  • BSZ  (274)
Material
Language
Years
  • 2020-2024  (274)
  • 1935-1939
Year
Subjects(RVK)
  • 1
    ISBN: 9783031214912
    Language: English
    Pages: 1 Online-Ressource(XVII, 101 p. 13 illus., 12 illus. in color.)
    Edition: 1st ed. 2024.
    Series Statement: SpringerBriefs in Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Information technology ; Mass media ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Artificial intelligence. ; Business ethics. ; Corporate governance.
    Abstract: 1. What is AI Ethics Management and Why Does it Matter? -- 2. AI Can Injure People and Damage Business Reputation -- 3. Why Companies Pursue AI Ethics Management -- 4. How to Draw Substantive Lines Between Ethical, and Unethical, Uses of AI -- 5. Management Structures and Processes for Achieving Responsible and Ethical AI -- 6. The Next Stage: AI for the Social Good -- 7. Conclusion.
    Abstract: This open access book explains how leading business organizations attempt to achieve the responsible and ethical use of artificial intelligence (AI) and other advanced information technologies. These technologies can produce tremendous insights and benefits. But they can also invade privacy, perpetuate bias, and otherwise injure people and society. To use these technologies successfully, organizations need to implement them responsibly and ethically. The question is: how to do this? Data ethics management, and this book, provide some answers. The authors interviewed and surveyed data ethics managers at leading companies. They asked why these experts see data ethics as important and how they seek to achieve it. This book conveys the results of that research on a concise, accessible way. Much of the existing writing on data and AI ethics focuses either on macro-level ethical principles, or on micro-level product design and tooling. The interviews showed that companies need a third component: data ethics management. This third element consists of the management structures, processes, training and substantive benchmarks that companies use to operationalize their high-level ethical principles and to guide and hold accountable their developers. Data ethics management is the connective tissue makes ethical principles real. It is the focus of this book. This book should be of use to organizations that wish to improve their own data ethics management efforts, legislators and policymakers who hope to build on existing management practices, scholars who study beyond compliance business behavior, and members of the public who want to understand better the threats that AI poses and how to reduce them.
    Note: Open Access
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  • 2
    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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  • 3
    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
    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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  • 4
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819978441
    Language: English
    Pages: 1 Online-Ressource(XI, 141 p. 1 illus.)
    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. ; Trade regulation. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law).
    Abstract: 1. Introducation -- 2. Cisg and unification of international sales law -- 3.Legal interpretation and uniform interpretation of cisg -- 4.Gap-filling and the uniform interpretation of cisg -- 5. supplemental materials and the uniform interpretation of cisg -- 6.Conclusion.
    Abstract: The unification of international commercial law has been a common course for every country of the world. The U.N. Convention on Contracts for International Sale of Goods (CISG) is a milestone in creating a uniform law in the field of the international sale of goods. The CISG coordinated divergent political, economic, and legal systems combined different contract laws and set up a comprehensive and independent legal framework for the international sale of goods. This book examines the basic requirements and criteria of the CISG’s interpretation and investigates how to achieve the uniform interpretation of the CISG based on interpretation rules in the CISG and through appropriate legal interpretation approaches. As a comprehensive and uniform legal framework for the international sale of goods, the CISG still has gaps to fill. Therefore, a uniform interpretation in gap-filling is equally important for the CISG. This book discusses gap-filling in the CISG, explains why and how to fill its gaps, clarifies gap-filling approaches, their order of application, and eventually concentrates on general principles and the uniform interpretation of the CISG. Another feature of the book is to discuss the supplementary materials that could be used to assist in the uniform interpretation of the CISG. PICC, foreign cases, UNCITRAL Digest, and the CISG Advisory Council opinions will be examined in detail to see whether and how they can fill the gaps in the CISG and promote its uniform interpretation. Only by clarifying the basic requirements and principles relating to the CISG’s uniform interpretation, can courts and arbitral tribunals correct their attitude toward and practices in the interpretation of the CISG. Only by following the autonomous interpretation approach, can the CISG achieve its goal to unify the sale of goods laws and promote the development of international commerce.
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  • 5
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819998258
    Language: English
    Pages: 1 Online-Ressource(XV, 250 p. 6 illus.)
    Edition: 1st ed. 2024.
    Series Statement: Modern China and International Economic Law
    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. ; Trade regulation. ; Administrative law.
    Abstract: Chapter 1. Introduction -- Chapter 2. Multilateral and Unilateral Sanctions -- Chapter 3. Unilateral Export Controls: Goods and Technologies -- Chapter 4. Multilateral Non-proliferation Export Controls -- Chapter 5. Dual Use Items and Export Control -- Chapter 6. National Security and Extra-territorial Jurisdiction -- Chapter 7. Export Control of Military Items -- Chapter 8. Governmental Investigation and Legal Liabilities of Export-related Industries -- Chapter 9. Impacts on Trade and Investment and Compliance Measures. .
    Abstract: This book gives practical and in-depth presentation and analysis of the issues under China export control law and economic sanctions regime. This book not only addresses issues faced by the legal entities in China, but also attends to the concerns about Chinese extra-territorial jurisdiction of China export control law and sanctions legislations, on the part of foreign companies. Finally, the author shares his experiences on how to structure export control and sanctions compliance under Chinese law on the part of both Chinese and foreign companies. .
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  • 6
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819997343
    Language: English
    Pages: 1 Online-Ressource(VI, 276 p. 15 illus., 14 illus. in color.)
    Edition: 1st ed. 2024.
    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. ; Political science. ; Public law .
    Abstract: 1. Openness of Government Affairs in China:Development in 2020 and Prospects in 2021 Innovation Project Team on the Rule of Law Index of the Law Institute of Chinese Academy of Social Sciences -- 2. Deepening the Openness of Government Affairs and Building a Transparent Government in Hubei Province Government Affairs Management Office of the Government of Hubei Province -- 3. Investigation Report on Litigation Cases Relating to Government Information Disclosure in Guangzhou Area-Based on the Analysis of 1,168 Cases Handled by Guangzhou Railway Court Since 2016Research Group of the Administrative Tribunal of the Intermediate Court of Railway Transport of Guangzhou Municipality,Guangdong Province -- 4. The Characteristic Mechanism for and Innovative Explorations of the Open Government Work in Xicheng District of Beijing Municipality Project Group on Open Government Work,the Government of Xicheng District of Beijing Municipality -- 5. Promoting Implementation,Standardization,and Service through the Openness of Government Affairs in the Field of Taxation Taxation Publicity Center of the State Administration of Taxation -- 6. The Suzhou Practice of Promoting the Openness of Government Affairs and Servicing Enterprises with the “Policy Calculator” Project Group of the General Office of Suzhou Municipal People‘’s Government -- 7. Report on the Index of Transparency of Government Affairs in Pilot Free Trade Zones in China (2020)—From the Perspective of Information Disclosure on Government Websites of Free Trade Zones Innovation Project Team on the Rule of Law Index of the Law Institute of Chinese Academy of Social Sciences -- 8. Current Situation and Prospect of Government Press Release in China Innovation Project Team on the Rule of Law Index of the Law Institute of Chinese Academy of Social Sciences.
    Abstract: The book continues to use quantitative and empirical research methods to summarize and analyze the achievements of government openness in China in 2020. It points out that in 2020, the exploration of standardization and standardization of government affairs openness is accelerating, decision-making openness is making steady progress, and government affairs services, administrative law enforcement, and management results are all making significant progress. However, in the future, it is still necessary to further enhance the awareness of openness, identify the needs of the public, integrate openness into the whole process of government affairs activities, and improve the level of information security. Besides, the book for the first time first carries out a third-party assessment of the government affairs publicity in the national free trade zones and free trade zones, and releases research reports on the publicity of administrative punishment information, government news release, work and production resumption information, and health science popularization information.
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  • 7
    ISBN: 9783031284977
    Language: English
    Pages: 1 Online-Ressource(XXVII, 1100 p. 1 illus.)
    Edition: 1st ed. 2024.
    Series Statement: LCF Studies in Commercial and Financial Law 2
    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 ; Information technology ; Mass media ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law).
    Abstract: Transformations: An Introduction to this volume and reflections on uniform law conventions as public and private law -- Part One – European framework – the world we live in -- Six Very Strange Years -- Brave New World: Dispute resolution under the EU – UK Trade and Cooperation Agreement -- Brexit and Arbitration Agreements -- Transnational commercial litigation. Discussing the 2020 Model Rules and the 2019 Hague and 2018 Singapore Conventions -- Style and Form of Judgments in France : enter the Rapporteur public -- The Norwegian Concept of “Room for Manoeuvre”: A Nail in the EEA’s Coffin -- The Reach of Free Movement: The Right to Export Sickness Benefits Within the European Union and the European Economic Area -- Part Two– Transformations in public international law -- General Principles of Law in International Law and Common Law -- The Chorzow Factory Case and the Protection of Industrial Property under International Law -- Settlement of disputes by the International Court of Justice: twosouls in the Court’s breast -- A Developing Field of Activity: Reparation for Breaches of Human Rights in the Case Law of the International Court of Justice -- The jurisprudence of the International Court of Justice between utilitas publica and utilitas singulorum (1947-1962) -- The Factory of Chorzów case: a bridge between international law and private law -- Part Three – Transformations in private law – method and public policy -- Fundamental rights, freedoms and contract law. Comparing legal systems -- Poverty in the capitalistic legal order -- Hayek in Brussels. Uniform Private Law and neo-liberal orthodoxy -- Another Europe after the pandemic? Reflections on solidarity and the nature of private rights -- Ruling economic contractual relations: the predictability of pandemics and of their implications -- Part Four – Transformations in contract law -- The developing role of good faith and the emerging concept of a relational contract -- Trust and the (EU) Capital Market. Theory and Case Studieson a New Mesotes in Business Law -- The fiduciary entrustment contract -- Spunti di riflessione in tema di diligenza e autonomia privata nel diritto privato italiano -- La prudenza come paradigma conoscitivo nei sistemi di civil law: l’influsso sulla formazione del giurista -- Europe needs a true business law. What does that mean? -- Some Reflections on the Nature of Decentralized (Autonomous) Organizations -- Contract automation from telematic agreement to smart contracts -- Some considerations for research on the sale of movable goods -- The French Model and the Development of Authors’ Rights -- The control of contract power and standard terms in Italy and Canada: a comparative overview -- Part Five – Transformations in tort law -- Forty Years of travels in the province of the law of tort. A memoir -- Damages and Benefits: new rules for the Compensatio Lucri cum Damno doctrine -- A Flower Never Blossomed: The Overshadowed Silhouette of Privacy in the Realm of the English Law of Tort -- Artificialintelligence and liability: the strategy of the European Union -- Damages liability caused by robot and artificial intelligence: a question of safety -- Artificial Intelligence And Tort Liability -- Part Six – Transformations in EU law – tort, remedies and interventions -- The EU, the Member States and Damages Liability -- Supervisory liability for surveillance failure in the EU financial system -- EU Financial Regulation and Private Law: Towards a Holistic Approach -- The remedies of retail clients of investment firms in the light of the decisions of the Italian Financial Ombudsman -- Consumer protection extended to commonholds in the view of the Court of Justice of the European Union -- Financial resilience issues in agriculture -- Part Seven – Digitalised world – assets, privacy and party autonomy -- International Regulatory Competition in Crypto Finance and Comparative Discussions -- The role of the EU Court of Justice in relation to the European law on eCommerce and liability of Internet Service Providers -- Smart contracts in the financial sector: Fintech's prospects and risks -- Legal protection of the human personality and the emergence of digital identity. The case of Italy -- A Multifaceted Issue Called “Big Data”: Different views on Privacy, Consumer Protection and Free Trade in Search for a Synthesis -- Data and Territory. The impact of the “local” in the regulation of digital technologies and algorithmic decision-making -- Informed Consent in Italian Digitalized Insurance Contracts. From the Privacy Shield to Schrems II.
    Abstract: Eminent lawyers from academia, international judiciary and legal practice join up to honour Professor Mads Andenas KC (Hon). Contributions form a cutting edge volume across legal disciplines led by an advisory editorial committee including Prof. Guido Alpa, Prof. Carl Baudenbacher, Prof. Eirik Bjorge, Prof. Giuseppe Conte and Prof. Duncan Fairgrieve. The general private law of tort and delict is subject to a transformation where the traditional national framework is becoming gradually less relevant. Much of the modernisation of private law takes place not at the domestic level but at a European or international level such as in international commercial conventions or EU consumer protection legislation. Remedies in regulatory law are becoming ever more important. The role of the European Court of Justice in developing general principles of contract and tort is ever increasing. Tort liability is an important subject of international conventions with the case law of the International Court of Justice developing general principles of tort liability in public international law.
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  • 8
    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
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    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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  • 9
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819719044
    Language: English
    Pages: 1 Online-Ressource(XIX, 217 p. 3 illus.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
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    Keywords: Environmental Law. ; Environmental law, International. ; Law of the sea. ; International law. ; Aeronautics
    Abstract: Chapter 1 Introduction -- Chapter 2 The Governance Challenges of Regional SRM and Cloud Seeding -- Chapter 3 Material Resemblances between Cloud Seeding and Regional Solar Radiation Management -- Chapter 4 Adaptive Governance as a Normative and Analytical Framework -- Chapter 5 Domestic Cloud Seeding Law and Governance -- Chapter 6 Multi-Scale Institutional Arrangements -- Chapter 7 Participatory Decision-Making -- Chapter 8 Iterative Learning Processes -- Chapter 9 Conflict Management Mechanisms -- Chapter 10 Conclusion -- Bibliography.
    Abstract: This book investigates the role of cloud seeding laws in governing regional solar radiation management (SRM) activities. It challenges the prevailing belief that cloud seeding laws are irrelevant to regional SRM governance and argues for their applicability. Through case studies in Australia, Canada, and the United States, the book highlights the need for legal frameworks that promote cross-scale interactions, stakeholder participation, flexible decision-making, and conflict resolution. It advocates for adopting adaptive governance principles to effectively manage the risks and uncertainties associated with regional SRM interventions. By filling a gap in the existing literature, this book offers valuable insights and recommendations for the governance of regional SRM, shedding light on the potential of cloud seeding laws to inform and shape SRM governance frameworks. It provides a comprehensive analysis of the legal and normative aspects, offering practical guidance for policymakers, researchers, and stakeholders involved in regional SRM initiatives.
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  • 10
    Online Resource
    Online Resource
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    ISBN: 9783031610530
    Language: English
    Pages: 1 Online-Ressource(XIV, 226 p.)
    Edition: 1st ed. 2024.
    Series Statement: Gender, Justice and Legal Feminism 5
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
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    Keywords: Human rights. ; International law. ; Private international law. ; Conflict of laws. ; Comparative law. ; Law ; Law ; Health. ; Sex. ; Criminology.
    Abstract: An Introduction to Gender-Based Violence and Femicide in South Africa -- Conceptualizing Gender-Based Violence and Femicide in South Africa -- Why Focus On Gender-Based Violence and Femicide -- Towards An Understanding of Gender-Based Violence and Femicide -- Situational Analysis of Gender-Based Violence and Femicide in South Africa -- Perceptions of Crime and the Fear of Crime -- Legal Responses to Gender-Based Violence and Femicide -- Judicial Responses to Gender-Based Violence and Femicide -- Gender-Based Violence and Femicide in Institutions of Higher Learning -- Conclusion.
    Abstract: This book presents new perspectives on gender-based violence (GBV) in South Africa. It argues that violence against women is a manifestation of unequal gender relations and harmful manifestations of hegemonic masculinity, which are governed by patriarchal beliefs, institutions and systems. It includes chapters on quantitative research that assess not only the levels and determinants of violence against women but also men’s attitudes towards gender-based violence, perceptions of violence, the legislative frameworks governing violence against women in South Africa, and the current cases and jurisprudence relating to this scourge. In spite of its focus on South Africa, the book also provides insights for comparative scholars exploring the value of different constitutional articulations of human rights and how they support (or fail to support) efforts to combat violence against women. By assessing recent incidents and responses to gender-based violence, the book provides a view of not only the societal but also jurisprudential opportunities and pitfalls in this area that may be applicable elsewhere. Gender equality and, central to this, the right of women to live lives free of violence, is a precondition for full democratic participation and is a universal goal. Accordingly, the South African experience contributes to a wider understanding of the possibilities and limitations of societal and legal reform in challenging the ubiquity of violence against women. The book is aimed at researchers, practitioners, students, professionals and advocates in the field of gender-based violence.
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  • 11
    Online Resource
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    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
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    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
    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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  • 13
    ISBN: 9783031575716
    Language: English
    Pages: 1 Online-Ressource(XIV, 139 p. 2 illus.)
    Edition: 1st ed. 2024.
    Series Statement: Springer Textbooks in Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; Law ; Law ; Humanitarian law. ; Human rights. ; International criminal law. ; Law of the sea. ; Aeronautics
    Abstract: 1. Introduction to the World of International Law -- 2. Public International Law -- 3. International Humanitarian Law -- 4. International Human Rights Law -- 5. International Criminal Law -- 6. Air Law -- 7. Law of the Sea.
    Abstract: This textbook introduces readers to international law by linking it to the Harry Potter universe. Given the current changes in the international sphere away from a state-centric system to a multitude of non-state actors, it tests the legal regime by applying it to the out-of-the-box concept of wizards and thus rids the doctrinal debate of political factors. More specifically, the book explains core concepts of public international law, covering the elements of a state, state responsibility, jurisdiction, enforcement of international law and immunity. In the wizarding world, it addresses questions of statehood by discussing when a wizarding state is responsible for the crimes committed by its wizards, who has jurisdiction over crimes, and how international law is enforced. In addition, it introduces and explains the fundamentals of international humanitarian law, international human rights law, international criminal law, and air law by applying them to the wizarding world. The textbook is intended for anyone looking for an accessible introduction to public international law and its application.
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  • 14
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819729340
    Language: English
    Pages: 1 Online-Ressource(XX, 314 p. 3 illus., 2 illus. in color.)
    Edition: 1st ed. 2024.
    Series Statement: International Law in Asia
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; Energy policy. ; Environmental law, International.
    Abstract: 1. Overview of new electrical power systems and the Energy Internet -- 2. Business model of energy Internet enterprises -- 3. Research on legal risks and regulatory policies of platform transformation of energy Internet enterprises -- 4. Research on legal risks of data application in energy Internet enterprises -- 5. Research on Legal Risks of capital operation of energy Internet Enterprises -- 6.Research on legal issues of long period management of new electrical power system -- 7. Research on legalissues of demand-side management of new power systems -- 8. Research on legal Issues of energy storage system.-9. Research on legal issues of carbon assessment for new power systems -- 10. Research on legal issues of accommodation and trading of renewable energy in new power system -- 11. Power grid enterprises to participate in the legal issues of energy usage rights trading.
    Abstract: This book contributes to the scholarly and policy debate about China’s ongoing and increasingly ambitious strategies and actions in its pursuit of the green energy transition. Transitioning to a greener and more sustainable economy has become a shared policy priority worldwide in response to existential challenges posed by climate change and environmental degradation. After decades of unprecedented industrialization and economic growth at the expense of the environment, this green energy transition now tops China’s development agenda. Indeed, China already has years of experience advancing climate policies and institutional and regulatory mechanisms at home and is already a major player in advocating cooperation on climate actions internationally. At the same time, the development of new electrical power systems and the energy internet in China has been shaped not only by China’s overarching economic development goals and plans but also by its international engagements and commitments, with the involvement of a diverse range of stakeholders and driving forces. This book focuses on exploring the Legal challenges encountered in the development of China's new power system and energy internet, and takes the power grid enterprises that are at the core of the energy Internet value chain as the hub to deeply explore the role of key players in China's green energy transformation in the evolution of China's climate policies and actions.
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  • 15
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819721832
    Language: English
    Pages: 1 Online-Ressource(VIII, 249 p. 6 illus., 1 illus. in color.)
    Edition: 1st ed. 2024.
    Series Statement: International Law in Asia
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
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    Keywords: International law. ; Commercial law. ; Private international law. ; Conflict of laws. ; Comparative law. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law).
    Abstract: Can China’s Belt and Road Initiative be Reconciled with the EU’s Multilateral Approaches to International Law?-Ernst-Ulrich Petersmann & Giuseppe Martinico -- Pluralism or Cosmopolitanism? Reflections on Petersmann’s International Economic Law Constitutionalism in the Context of China-Tao Li & Zuoli Jiang -- Is Calvo Dead? Wenhua Shan.-Calvo Is Back! Changing Sovereignty and Evolutionary Investment Law in a Leaving and Return of the State Paradigm-Shuo Feng & Wei Shen -- Outward FDI: Determinants and Flows in Emerging Economies: Evidence from China-Mohamad Zreik & Badar Alam Iqbal & Mohd Nayyer Rahman -- BIT by BIT: The Growth of Bilateral Investment Treaties and Their Impact on Foreign Investment in Developing Countries-Jeswald W. Salacuse -- Diversity in the Formulation of Fair and Equitable Treatment in International Investment Agreements-Mujeeb Emami & Rehna Gul -- The 2016 Model Indian Bilateral Investment Treaty: A Critical Deconstruction-Prabhash Ranjan and Pushkar Anand -- The Final 2015 Indian Model BIT: Is This the Change the World Wishes to See?-Grant Hanessian and Kabir Duggal -- Legalizing the ASEAN Way: Adapting and Reimagining the ASEAN Investment Regime-Sungjoon Cho & Jurgen Kurtz -- Comprehensive or BIT or BIT: the ACIA and Indonesia’s BITs-Junianto James Losari -- International Cooperation and Organizational Identities: The Evolution of the ASEAN Investment Regime-Sungjoon Cho & Jurgen Kurtz -- ASEAN Investment Treaties, RCEP, And CPTPP: Regional Strategies, Norms, Institutions, and Politics-Diane A. Desierto -- Addressing the Global Backlash Against Investment Arbitration? A Multilateral Investment Agreement and China-Junqing Chao -- A Multilateral Approach to Investor-State Dispute Settlement Issues in the Asia-Pacific Region-John Riley -- The Elephant In a Dark Room? Russia and the ISDS Reform-Dmitry K. Labin & Alena V. Soloveva -- Two Bites at the Same Apple? ‘Derivative’ ISDS Proceedings in the Revised Korea-US FTA-Jaemin Lee -- China and Investment Treaty Regime: Rule Taker or Rule Maker?-Sheng Zhang -- Investor-State Mediation in a China-EU Bilateral Investment Treaty: Talking About Being in the Right Place at the Right Time-Chunlei Zhao -- Legitimacy Crisis and the ISDS Reform in a Political Economy Context-Shuping Li and Wei Shen.
    Abstract: The book focuses on some of the most pressing issues in international investment law in Asia, such as the role of developing countries, the rebalancing between the investors’ rights protection and the host states’ right to regulate, the ISDS reform, among others. The book investigates these issues by looking into the bilateral investment treaties and investment arbitration cases in the region. The readers will benefit from this book’s rich content and wide coverage. For instance, the readers would learn more about Asian states’ Bilateral Investment Treaty law and practice and their standing on international investment law. The book provides a fresh angle to most readers who may be more exposed to the Western perspective on the topic, providing a more complete picture to add to the readers’ understanding of international investment law and in particular its evolution and future possibilities. .
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  • 16
    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
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    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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  • 17
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819737178
    Language: English
    Pages: 1 Online-Ressource(XIV, 217 p. 25 illus., 24 illus. in color.)
    Edition: 1st ed. 2024.
    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. ; Human rights. ; Criminology.
    Abstract: The Crime of Human Trafficking: An Introduction -- Addressing Child Trafficking Adopting a Human Rightsbased Approach -- Child trafficking in China as human rights issues -- China’s national policy and practices in combating child trafficking -- Filling Policy Gaps from Human Rights-Based Approach.
    Abstract: This book provides a comprehensive view to those who are interested in human trafficking, child trafficking, and child protection in China. Based on over 2000 case laws from 1990 to 2020, this book provides an in-depth analysis of the causes, criminal patterns, and consequences of child trafficking happened in 30 provinces in China. It reveals a phenomenon that has not attracted much attention at the international level -- the trafficking of children, intranational and transnational, for resale and illegal adoption.
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  • 18
    Online Resource
    Online Resource
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    ISBN: 9783031595080
    Language: English
    Pages: 1 Online-Ressource(X, 128 p. 3 illus.)
    Edition: 1st ed. 2024.
    Series Statement: SpringerBriefs in Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law). ; International criminal law. ; Humanitarian law.
    Abstract: Introduction -- Mistake of Fact in the Establishment of Attribution -- Mistake of Fact in the Establishment of a Breach -- Mistake of Fact in the Preclusion of Wrongfulness -- Conclusions.
    Abstract: This book offers an in-depth analysis of the problem of mistakes of fact in connection with the law of state responsibility – mistakes which have significant implications for global governance and legal certainty that have yet to be fully mapped out in contemporary international law. The book begins by defining the underlying problem: the abundance of cases in which states have unintentionally violated international law and the law of state responsibility’s apparent silence regarding the juridical consequences of such errors. In turn, it addresses three key areas of state responsibility. First, it explores how mistakes of fact can influence the analysis of attribution in international practice. Second, it addresses the implications of mistakes of fact in identifying “breaches” of international law. This includes a range of case studies, such as state responsibility for accidentally shooting down civilian aircraft or for the accidental killing of civilians on the part of state agents. Thirdly, the book delves into how mistakes of fact can preclude responsibility for established breaches of international law, either on their own or within the matrix of existing defenses. This book is primarily intended for researchers focusing on the international law of state responsibility. Its aim is to spark a discussion about how to address important aspects of state practice that existing instruments do not exhaustively codify. As it seeks to provide clarity on existing state practice regarding mistakes of fact, the book will also benefit professionals whose work involves issues of state responsibility in practice. .
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  • 19
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819716272
    Language: English
    Pages: 1 Online-Ressource(XXIX, 224 p. 7 illus., 6 illus. in color.)
    Edition: 1st ed. 2024.
    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. ; Criminal law. ; Human rights.
    Abstract: Introduction -- General views on criminal punishment in China -- The death penalty and its reforms in China and other countries -- The alternative punishment to the death penalty -- General issues concerning life imprisonment -- The approaches of life imprisonment as an alternative to the death penalty in China -- Conclusion.
    Abstract: This book presents a study of alternative penalties to the death penalty in China, aiming to promote theoretical exploration of death penalty reform in China as well as long-term penal reform. Currently, China is endeavouring to control the use of the death penalty and is gradually moving towards its abolition. The factors influencing the choice of the punishment option to replace the death penalty are complex and varied and include the traditional punishment culture, penalty concepts, the political system, the punishment system, public opinion and human rights, etc. Given the differences between China and developed Western democratic states, when we examine these influencing factors, we cannot ignore the culture of the punishment and the special political and legislation system in China. In this light, this work examined and analysed the factors that influence the choice of punishment option to replace the death penalty in this special political system with its clearly Chinese characteristics. Criminal policy and public opinion are two significant and typical factors involving obvious political considerations in China. The former normally reflects and carries out the will of the Government as expressed to the national management; the latter responds to the majority of citizens’ view on the current legal system and it is, to a great extent, the basis for national leadership’s running of the country. Even though life imprisonment without release (hereinafter, LWOR) has been stipulated by the Ninth Amendment for the crime of corruption, it should not be the preferable option as the alternative sanction to the death penalty because it is a kind of cruel torture and violates the constitutional principle of human rights protection. On the contrary, life imprisonment with possibility of release (hereinafter, LWPR) would be an option, but the termination mechanisms for inmates should be set out in accordance with the principle of proportional justice; aggravated life imprisonment can be chosen to replace the death penalty in China. In addition, there needs to be improvements made to the relevant criminal systems. By examining China's death penalty reform and long-term imprisonment reform, this book not only explains the methodology of the reform theoretically, but also pays attention to the issues of legislation and judicial practice. This book is of interest to scholars and researchers in the fields of criminal justice, penal reform issues, and crime control in China. .
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  • 20
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819712199
    Language: English
    Pages: 1 Online-Ressource(VIII, 195 p. 6 illus., 1 illus. in color.)
    Edition: 1st ed. 2024.
    Series Statement: Modern China and International Economic Law
    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. ; Trade regulation.
    Abstract: Chapter 1. Members’ shareholding: A GDP-based formula -- Chapter 2. Corporate governance: The non-resident Board -- Chapter 3. Operational standards: Environmental and Social Framework 2021 -- Chapter 4. MCDF: A multilateral fund administered by the AIIB -- Chapter 5. The issue of SOEs: Perspectives of AIIB and other institutions.
    Abstract: This book reflects the latest legal development of the Asian Infrastructure Investment Bank (AIIB), and makes direct and positive responses—it uses first-hand, authoritative information and makes insightful and persuasive analyses in addressing those concerns. In particular, this book provides nuanced analysis of the following topics: — capital allocation of the AIIB, in comparison with those of Bretton Woods institutions; — dynamic relationship between the shareholder board and management, a central topic of corporate governance for the AIIB and other MDBs; — AIIB’s environmental and social safeguards, including its frontier ESG portfolio investments, in comparison with the World Bank standards; — highly debatable issues relating to the interaction between AIIB, Belt and Road, and MCDF; — comparative study of state-owned enterprises in the laws of AIIB, WTO, ICSID, etc.. This book targets academics, students, policymakers, and business circles who are interested in AIIB, given the bank’s growing importance in the context of global economic governance reforms. First, the book is a must for those who are keen to gain insight into the AIIB. Ten years have passed since the debut of the idea of AIIB in 2013, and the topic has never retreated from the debate of the international community—a major concern is whether a China-led multilateral development bank (MDB) remains to be politically neutral, or professional, and can live up to high standards.
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  • 21
    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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  • 22
    Online Resource
    Online Resource
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    ISBN: 9783031597503
    Language: English
    Pages: 1 Online-Ressource(XIV, 277 p. 1 illus.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
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    Keywords: Medical laws and legislation. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Medical Ethics. ; Biomedical engineering. ; Medical genetics. ; Human rights.
    Abstract: Introduction -- Delimitation of the Problem -- Claims, Conflicting Claimants, and Their Reasoning -- Past Trends in Decisions and Conditioning Factors -- Predictions -- Appraisal -- Recommendations.
    Abstract: This book deals with the research and use of embryonic stem cells to combat a number of diseases and the legal limitations, arising mostly from bioethical concerns regarding human life. Using the New Haven problem and policy-oriented method of jurisprudence, the author thoroughly explains the scientific and technological parameters and promise of this medical innovation and its alternatives as well as the conflicting claims and past decisions regarding its legal and moral acceptability in international and comparative perspective. International law, EU and regional human rights law, as well as individual countries’ laws across the globe are covered, ending with American law on the federal and state levels. The book concludes with a recommendation of humane regulation, and a draft federal statute as a model form of regulation that would allow the beneficial research and use of this technology.
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  • 23
    ISBN: 9783031562181
    Language: English
    Pages: 1 Online-Ressource(XXVI, 342 p. 10 illus., 9 illus. in color.)
    Edition: 1st ed. 2024.
    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. ; Human rights. ; Law ; Comparative government.
    Abstract: Foreword by Vannia Gava -- Foreword: Environmental Protection and Biodiversity - Legislative Policies and the Work of Public Decision Makers at the National and Supranational Levels by Silvia Fregolent -- Foreword: Green Conservatism by Francesco Giubilei -- Tackling the Unprecedented Biodiversity Loss: The International Law Response by Valériane Thool -- The Loss of Biodiversity as a Serious Environmental Threat. The Need for a New Legal Paradigm by Maria Vittoria Ferroni -- Ecosystems: Biodiversity, Climate, Agriculture, Markets. A New Holistic Approach from the European Union by Maura Mattalia -- Natural Capital and Ecosystem Services. Legal Aspects by Chiara Colognese and Nicola Granato -- Sustainable Development and Biodiversity: Hype or Hope? by Pierluigi Montalbano and Carlo Palleschi -- Biodiversity and Environmental Impact from Climate Change: Causes and Consequences by Federica Villa, Marta Cimatti, and Moreno Di Marco -- Ecosystem Services and Livestock Systems in Mountain Areas by Bruno Ronchi and Maurizio Ramanzin -- EU Soil Strategy for 2030: A Focus on Contaminated Sites and the Case of Italy by Giovanni Savarese and Marco Falconi -- Predator Law in the United States by John A. Erwin -- Aquatic Biodiversity Management in the United States by Karrigan Börk -- Stewardship of Tribal Biodiversity in the United States by Serra J. Hoagland and Steven K. Albert -- Wildlife, Science, and Law in the United States by Daniel Rohlf -- Biosafety Regulation in China: Progress and Challenges by Ancui Liu -- Legal Practice of in situ Biodiversity Conservation in China: From the Perspective of Nature Reserves by Duan Weiwei -- The Governance of Traditional Knowledge in China: Past, Current and Future by Li Yiding -- Current Situation and Future of Legislation on Precaution of Alien Species Invasion in China by Wang Luquan -- China Promotes the Practice of Participatory Biodiversity Conservation by Wu Jing. .
    Abstract: This book offers an in-depth analysis of and multidisciplinary insights into the latest trends in biodiversity laws, policies and science in Europe, the United States, and China. The loss of biodiversity and degradation of ecosystems continues at an alarming rate, harming people, the economy, and the climate. As biodiversity cannot be meaningfully addressed by any single field, a multidisciplinary approach is needed to attain a better understanding of its complexity and to identify prevention and protection systems. Each chapter addresses a specific aspect of biodiversity. Taken together, they provide an innovative exploration of the various facets of biodiversity from the perspectives of law, the social sciences and natural sciences. As such, the book offers an essential theoretical and practical guide for academics, experts, policymakers, and students alike. Today we have a unique opportunity to invest in the health of our planet and put people and nature at the center of our political agenda. Through the Global Biodiversity Framework we are all making concrete commitments against ecosystem degradation, in the protection of endangered species, and to initiate transformative actions that integrate biodiversity into all sectors. Hon. Vannia Gava, Deputy Minister for Environment and Energy Security, Italy.
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  • 24
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819725045
    Language: English
    Pages: 1 Online-Ressource(XII, 246 p.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; International criminal law. ; Humanitarian law. ; Trade regulation.
    Abstract: Introduction -- Part I Military and criminal aspects -- 1. The War in Ukraine under International Law: Its Use of Force and Armed Conflict Aspects -- 2. Use of Force by Russia and jus ad bellum -- 3. Russia’s War of Aggression against Ukraine and the Crime of Aggression -- 4. War in Ukraine and the International Court of Justice: Provisional Measures and the Third-Party Right to Intervene in Proceedings -- Part II Economic aspects -- 5. Economic Sanctions against Russia: Questions of Legality and Legitimacy -- 6. Freezing, Confiscation and Management of the Assets of the Russian Central Bank and the Oligarchs: Legality and Possibility under International Law -- 7. Trade Sanctions against Russia and their WTO Consistency: Focusing on Justification under National Security Exceptions -- 8. WTO Dispute Settlement and Trade Sanctions as Permissible Third-Party Countermeasures under Customary International Law -- 9. War in Ukraine and Implications for International Investment Law -- 10. Conclusions - Reflections on War in Ukraine and International Law.
    Abstract: The war in Ukraine is fast approaching its second anniversary since its commencement on 24 February 2022 as a blatant aggression by Russia. As we discuss in detail in this book, there are multiple international legal issues that arise and require addressing. What is more, the very international legal order is under threat, insofar as the fundamental international law obligations are not being complied with and the basic international rules are utterly ignored. This book discusses a number of international law issues arising from the war in Ukraine. It covers not only the traditional subjects of war, such as jus ad bellum, international criminal law, and the law of neutrality, but also the relatively new issues arising from the economic sanctions against Russia, including aspects of the WTO law and international investment law. This book provides the readers with opportunities to reconsider the various legal aspects of the war in Ukraine.
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  • 25
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819707140
    Language: English
    Pages: 1 Online-Ressource(XVIII, 295 p. 22 illus.)
    Edition: 1st ed. 2024.
    Series Statement: Space Law and Policy
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International relations. ; Law of the sea. ; International law. ; Aeronautics ; Private international law. ; Conflict of laws. ; Comparative law. ; Space. ; Politics and war.
    Abstract: Introduction to the Book -- Opening Address -- Chapter 1: International Space Law: An Overview -- Chapter 2: Emergency Assistance and Rescue Obligations for Commercial and Private Spacefarers in the Context of the History, Present and Future of Human Spaceflight -- Chapter 3: The Artemis Accords: A New Phase in the Development of Outer Space Law -- Chapter 4: Deconfliction of Space Activities: Lunar Safety Zones -- Chapter 5: Military Activities and Operations in Space: An Unfolding Legal Universe -- Chapter 6: The New Zealand Outer Space and High-altitude Activities Act 2017 and the Statutory Review — A Dance Between International and Domestic Law -- Chapter 7: Transformational Trends in India’s Space Programme -- Chapter 8: Knowing Me, Knowing You: A Critique of the UK Space Strategy -- Chapter 9: LISA: Global Space Science and New Zealand’s Contribution -- Chapter 10: Space Weather: A Global Hazard from Space to New Zealand’s Technological Infrastructure -- Chapter 11: Light Pollution and the Future of Space Science and Astronomy -- Chapter 12: New Zealand’s Growing Space Sector: A Technological and Science Perspective.
    Abstract: This book explores multidisciplinary perspectives on critical issues in space from the viewpoints of New Zealand and other nations. It brings together the topics examined at the Otago Foreign Policy School 2022 by both domestic and international experts in the area of space, and includes the opening address on space policy delivered by the Minister of Foreign Affairs. This book takes a multidisciplinary approach to New Zealand’s growing space sector in conjunction with other nations’ perspectives on space. It encompasses space science, military and defence matters, space tourism and astronaut rescue, and international legal and policy frameworks, while taking into account future considerations. Readers such as academics, students, policy advisers, diplomats, government officials and others engaged in the field of space will find value in this book. It will appeal to think tanks and international institutions grappling with the complexities that are presented by the outer space domain.
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  • 26
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819968510
    Language: English
    Pages: 1 Online-Ressource(XV, 357 p. 2 illus.)
    Edition: 1st ed. 2024.
    Series Statement: Selected Chinese Cases on the CISG
    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. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law). ; Trade regulation.
    Abstract: 1. Xiaojun Chen -- 2. Xiaojun Chen -- 3. Peng Guo Shu Zhang Chaolin Zhang -- 4. Peng Guo Shu Zhang Chaolin Zhang -- 5. Peng Guo Shu Zhang Chaolin Zhang -- 6.Peng Guo Shu Zhang Chaolin Zhang -- 7.Peng Guo Shu Zhang Chaolin Zhang -- 8. Wenjing An -- 9. Wenjing An -- 10. Wenjing An -- 11. Wenjing An -- 12. Luo Jie -- 13. Luo Jie -- 14.Luo Jie -- 15. Haicong Zuo -- 16. Haicong Zuo -- 17. Peng Guo Shu Zhang Chaolin Zhang -- 18. Peng Guo Shu Zhang Chaolin Zhang -- 19. Shu Zhang, Geng Wang -- 20. Shu Zhang, Geng Wang -- 21. Shao Long -- 22. Shao Long -- 23. Shao Long -- 24. Siying Wu Dentons -- 25. Siying Wu Dentons -- 26. Shao Long -- 27. Shao Long -- 28. Shao Long -- 29 -- Shao Long -- 30. Junmin Zhang -- 31. Junmin Zhang -- 32. Junmin Zhang -- 33. Shaotang Wang -- 34. Bruno Zeller -- 35. Bruno Zeller -- 36. Caishun Guo -- 37. Caishun Guo -- 38. Caishun Guo -- 39. Caishun Guo -- 40. Xiaojun Chen -- 41. Xiaojun Chen -- 42. Xiaojun Chen -- 43. Xiaojun Chen -- 44. Yueshan Liu -- 45. Yueshan Liu -- 46. Yueshan Liu -- 47. Kaiwei Cui -- 48. Kaiwei Cui -- 49. Jia Li -- 50. Jia Li -- 51. Yueyi Yang -- 52. Yueyi Yang -- 53. Hongzhi Hu -- 54. Hongzhi Hu.
    Abstract: This book focuses on Chinese cases on the CISG decided by Chinese courts of all levels, focusing on 2011 to 2012. During this period, the number of cases grew fast compared to 2006 to 2010. The total number of cases remained relatively low, the reasons of which might be the following: parties were not familiar with the CISG and therefore decided to opt out of it; in addition, the case collection and report systems in China at that time were not as developed as now, rendering many cases inaccessible. This book provides a comprehensive and detailed analysis of selected cases. The analysis of those cases is on a case-by-case basis. For each case, an English summary of the judgment is provided. In the comment, the People’s Courts’ approach to the interpretation and application of the CISG is emphasized. Comments of the individual case are written either by scholars or judges or lawyers from international and comparative perspective to discuss the successes and pitfalls of the interpretation and application of the CISG.
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  • 27
    ISBN: 9783031493829
    Language: English
    Pages: 1 Online-Ressource(XIII, 271 p.)
    Edition: 1st ed. 2024.
    Series Statement: International Law and the Global South, Perspectives from the Rest of the World
    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). ; Economic history.
    Abstract: Introduction - Legal protection offered to foreign investment in Latin America: context and general trends -- PART I- International Investment Law in Latin America: Where do we Stand? -- Brazilian CFIA - Evolution towards the traditional? -- INTERNATIONAL INVESTMENT LAW IN CHILE: RECENT DEVELOPMENTS IN TIMES OF REFORM -- International Investment Law and its scope in Argentina -- Venezuelan investment arbitration experience: from unilateral termination of Dutch treaty, the denunciation of ICSID Convention to its continued participation as respondent State in investment arbitration -- Philip Morris v. Uruguay through the lens of the ISDS trilemma -- PART II - Trends in dispute governance and settlement -- Dispute Prevention Methods in the Brazilian Agreements on Cooperation and Facilitation of Investments (CFIAs) -- THE BRAZILIAN BRANCHES IN THE ARBITRATION BENCH: CHALLENGES AND POSSIBILITIES IN FACE OF THE “PRECATÓRIO” SYSTEM AND CONSENSUALITY -- PART III - Trends in connecting investment law toHuman Rights -- The 2017 BIT Model of Colombia: A Human Rights Assessment from Investment Disputes against the State -- Peru and International Investment Agreements: Legal and Institutional challenges under a Business and Human Rights Perspective -- PART IV - Trends in Regionalization -- Mexico in International Investment Law: From NAFTA to USMCA.
    Abstract: The book brings to light how Latin American states have traditionally stood before the field of International Investment Law and Arbitration. It delves into their posture of resistance to critically examine how their perspective has gradually changed and how they have adapted and molded their investment agreements so as not to leave their position as players in the field of International Investment Law. Many Latin American states have appeared as defendants before international investment tribunals and some of these, like Venezuela, Bolivia or Ecuador, have denounced their international investment agreements. Deeming the law field as imbalanced, they have looked for alternatives to continue providing legal protection to foreign investors while protecting their right to regulate in the name of public interest. Some interesting investment agreements models, sometimes of a different ilk, have consequently flourished and have arrested the attention of those studying or working with international investment law. The main objective of this book is to critically discuss how Latin American states have accepted, resisted, or adapted themselves to international investment law and arbitration. Accordingly, the general connection between these states and international investment law are explained in an introduction which examines the general trends as per which Latin American states have offered a legal protection to foreign investments. The first part enters the merits of where international investment law and arbitration stand in some Latin American states whereby the experience of Brazil, Chile, Argentina, Venezuela, and Uruguay are discussed. The following parts explain the trends in international investment law and arbitration in Latin America. These trends are namely related to dispute settlement and governance, to the connection between investment law and human rights and finally to regionalization. In these parts, the experience of states like Brazil, Colombia, Peru, and Mexico are perused.
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  • 28
    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
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    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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  • 29
    Online Resource
    Online Resource
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    ISBN: 9783031581991
    Language: English
    Pages: 1 Online-Ressource(XIX, 207 p. 33 illus., 13 illus. in color.)
    Edition: 1st ed. 2024.
    Series Statement: Global Power Shift
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Security, International. ; Politics and war. ; International law. ; Communication in politics.
    Abstract: Chapter 1. Introduction -- Chapter 2. Cyberspace: Structure, Functionality and Vulnerabilities -- Chapter 3. Sovereignty, Power, International Security and a Lack of International Law -- Chapter 4. Cyber Warfare: Global Trends and Proxy Wars -- Chapter 5. Mis/Disinformation and National Resilience: Are Countries Immune to Fake News? -- Chapter 6. Secure Cyber Domains (SCD): Mature Models -- Chapter 7. Vulnerable Models of Cyber Domains -- Chapter 8. The Future of the Internet.
    Abstract: The internet has become a battleground for global power struggles, with nations and even terrorist organizations wielding cyber-attacks to exert control. As the absence of binding international laws and norms leaves cyberspace largely unchecked, countries are seeking to establish their Sovereign Cyber Domains (SCD) - tightly controlled cyberspaces. In this illuminating monograph, the author explores how Russia, China, Iran, and others perceive the internet as a means for the United States and its allies to maintain global dominance and influence foreign audiences, driving their pursuit of strict regulations over domestic cyber affairs and mass communication. Yet, even the United States is now susceptible to foreign cyber operations, mainly foreign influence that undermines its domestic affairs. Even International Blocs like the European Union had expressed concerns about foreign influence and privacy rights abuses, leading to regulatory initiatives like the General Data Protection Regulation, Digital Services Act and the Digital Markets Act. As nations prioritize cybersecurity and sovereignty over free speech and convenience, the book predicts a future of increased regulation across all layers of the cyber domain, mirroring the historical emergence of the concept of sovereignty. Drawing on a combination of political science, international relations, and cyber domain practices, this monograph offers valuable insights for policymakers, practitioners, researchers, and students. By analyzing existing cyber sovereignty processes and predicting future trends, the book contributes to international relations theories, sheds light on the challenges of an unregulated cyber domain, and provides guidance for a secure and controlled digital future.
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  • 30
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819710607
    Language: English
    Pages: 1 Online-Ressource(XIV, 482 p. 156 illus., 153 illus. in color.)
    Edition: 1st ed. 2024.
    Series Statement: Artificial Intelligence and the Rule of Law
    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. ; Artificial intelligence. ; Information technology ; Mass media
    Abstract: Overview of the Development of Artificial Intelligence Rule of Law -- Overview of the Development of Artificial Intelligence Rule of Law -- Overview of the Development of Artificial Intelligence Rule of Law -- Essence of Viewpoints of the “2021 World Artificial Intelligence Conference Rule of Law Forum” -- Artificial Intelligence Law and Policy- Theoretical Research on Artificial Intelligence -- Application of Artificial Intelligence Rule of Law -- Analysis of Artificial Intelligence Judicial Cases -- Special Reports on the Development of Artificial Intelligence Rule of Law -- Interviews with Experts on the Development of AI Rule of Law -- Blue Book on AI and the Rule of Law in the World (2022) Research Questionnaire and Analysis.
    Abstract: This book focuses on the development of artificial intelligence and rule of law in the world, by collecting and summarizing the information about the development of artificial intelligence and rule of law in China and the world, covering topics like AI strategy, policy, law, theoretical research, practical application, etc. It makes an in-depth analysis so as to provide an objective, fair, and accurate report. The purpose is to promote the study of AI and law, promote the construction of AI and rule of law system, and create an AI and rule of law environment. In particular, it aims to play an active role in promoting the establishment of legislative norms, legal systems, policy systems, and ethical norms that are compatible with the innovative development of AI, promoting the implementation of a new generation of national AI development strategies and ensuring the safe, reliable, controllable, healthy, and sustainable development of AI. It is hoped that this book provides a useful reference for researchers of AI and law.
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  • 31
    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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  • 32
    ISBN: 9783031479465
    Language: English
    Pages: 1 Online-Ressource(XII, 382 p. 8 illus., 1 illus. in color.)
    Edition: 1st ed. 2024.
    Series Statement: Data Science, Machine Intelligence, and Law 4
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Information technology ; Mass media ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Artificial intelligence.
    Abstract: As computational power, the volume of available data, IT systems’ autonomy, and the human-like capabilities of machines increase, robots and AI systems have substantial and growing implications for the law and raise a host of challenges to current legal doctrines. The main question to be answered is whether the foundations and general principles of private law and criminal law offer a functional and adaptive legal framework for the “autonomous systems” phenomena. The main purpose of this book is to identify and explore possible trajectories for the development of civil and criminal liability; for our understanding of the attribution link to autonomous systems; and, in particular, for the punishment of unlawful conduct in connection with their operation. AI decision-making processes – including judicial sentencing – also warrant close attention in this regard. Since AI is moving faster than the process of regulatory recalibration, this book provides valuable insights on its redesign and on the harmonization, at the European level, of the current regulatory frameworks, in order to keep pace with technological changes. Providing a broader and more comprehensive picture of the legal challenges posed by autonomous systems, this book covers a wide range of topics, including the regulation of autonomous vehicles, data protection and governance, personality rights, intellectual property, corporate governance, and contract conclusion and termination issues arising from automated decisions, blockchain technology and AI applications, particularly in the banking and finance sectors. The authors are legal experts from around the world with extensive academic and/or practical experience in these areas.
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  • 33
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819982929
    Language: English
    Pages: 1 Online-Ressource(XII, 235 p. 3 illus.)
    Edition: 1st ed. 2024.
    Series Statement: Modern China and International Economic Law
    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. ; Trade regulation. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law).
    Abstract: Chapter 1. Introduction -- Chapter 2. Economic Justifications for Antidumping -- Chapter 3. Historical Development of AD Law based on Protectionist Intent -- Chapter 4. Pre-WTO Era Evolution of Non-market Economy Treatment Rules and Practices -- Chapter 5. WTO Era Non-market Economy Treatment Rules and Practices -- Chapter 6. The Changing International Legal Environment Regarding Non-market Economy Treatment -- Chapter 7. Prospects of Non-market Economy Treatment.
    Abstract: This book serves as a comprehensive study of and provides rich insight into non-market economy treatment, including its past, present, and estimated future practices and implications. It explores the introduction of the market and non-market economy dichotomy into international trade law. It traces the origin and development of non-market economy treatment against changing international economic and political background. The book examines this treatment in light of the rationale underlying anti-dumping, reflecting its alleged significance of ensuring fair trade. It in particular investigates the varied non-market economy treatment practices responding concerns of China’s rising as a large state-led economy, analyzing the deviation of NME treatment into an all-in trade tool. The book argues against preconceived bias and unilateral protectionism. It highlights the universal existence of government involvement in the market and proposes objective assessment of its impact on fair trade. Final proposition of the book is depoliticizing trade, reforming comprehensively international trade rules to carefully calibrate different values, including promoting fairness and enhancing global social welfare. It envisages a multi-dimension overhaul of international trade rules to rebalance trade interests, rather than roughly labeling an economy to confer different treatment, the practices of which lead to separation and chaos. The book is of particular relevance and interest to economies-in-transition, and among policy makers, academicians and legal practitioners engaged in trade remedies and trade rules reconstruction.
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  • 34
    ISBN: 9783031381805
    Language: English
    Pages: 1 Online-Ressource(XI, 347 p.)
    Edition: 1st ed. 2024.
    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.
    Abstract: Introduction: Convergence and divergence in times of crisis -- Part I: Conceptual and theoretical perspectives -- Terminology -- The concept of legal convergence -- Resisting legal convergence -- Part II: Thematic and jurisdictional case studies 1: private law -- Bankruptcy law in the United States -- Labour law in the United Kingdom -- Consumer law in Ghana -- Family and child law in Chile -- Contract law in Germany -- Part III: Thematic and jurisdictional case studies 2: public law -- Environmental law in China -- Healthcare law in Denmark -- Immigration law in Russia -- Social rights in Australia -- Part IV: Convergence and divergence in context -- Harmonisation and European integration in times of crisis -- International judicial cooperation in times of crisis -- The influence of binding international instruments on domestic laws in times of crisis -- The role of soft law in times of crisis -- Part V: Concluding comments -- Conclusion: Are legal systems converging or diverging?.
    Abstract: This book focuses on two main aspects: legal convergence and crises. Despite the abundance of literature on legal convergence over the years, the question of whether legal systems are converging or diverging remains unanswered. This book provides a valuable contribution to questions concerning comparative law, legal convergence, and legal transplants by examining them through the lens of crises. Crises challenge countries’ legal systems and prompt institutional responses to tackle perceived shortcomings in the law. The crises witnessed by the world over the last two decades have highlighted two seemingly contradictory tendencies: (i) increased cooperation and a natural phenomenon of legal convergence as states find common solutions to common problems; (ii) a preference for state-centric solutions, which prioritise domestic interests; rejection of supranational standards and harmonisation efforts; and protection of domestic sovereignty. This book aims to determine whether, in times of crisis, foreign laws, rules, and concepts can transcend countries’ domestic legal systems, or whether states’ responses to crises lead to legal divergence and disintegration. Unlike traditional studies on convergence, this edited volume takes an international and cross-thematic approach, with chapters focusing on how legislation in selected jurisdictions has responded to crises. Therefore, the book’s originality lies in its truly global nature, with chapters and authors surveying jurisdictions in Africa, North and South America, Asia, Europe and Oceania. The breadth of legal areas covered, with a mix of private and public law, also add to its uniqueness. From Russia to Germany and from bankruptcy law to environmental law, the book examines whether, as a result of crises, policy and legal responses have adopted, copied, or implemented features, policies, principles and/or rules from other legal systems (convergence), or have departed from existing legal norms, adopting policies and rules that differ from those of other countries (divergence).
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  • 35
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819990856
    Language: English
    Pages: 1 Online-Ressource(XV, 458 p. 92 illus., 89 illus. in color.)
    Edition: 1st ed. 2024.
    Series Statement: Artificial Intelligence and the Rule of Law
    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. ; Artificial intelligence. ; Information technology ; Mass media
    Abstract: AI Laws and Policies -- Theoretical Research on AI and the Rule of Law -- Application of AI in the Rule of Law -- Analysis of Al-Related Cases -- Report on the Development of AI and the Rule of Law -- Expert Interviews on Development of AI and the Rule of Law -- Interviews with AI Companies on the Rule of Law.
    Abstract: This book focuses on the development of artificial intelligence and rule of law in the world, by collecting and summarizing the information about the development of artificial intelligence and rule of law in China and the world, covering topics like AI strategy, policy, law, theoretical research and practical application, etc. It makes an in-depth analysis so as to provide an objective, fair and accurate report. The purpose is to promote the study of AI and law, promote the construction of AI and rule of law system and create an AI and rule of law environment. In particular, it aims to play an active role in promoting the establishment of legislative norms, legal systems, policy systems and ethical norms that are compatible with the innovative development of AI, promoting the implementation of a new generation of national AI development strategies, ensuring the safe, reliable, controllable, healthy and sustainable development of AI. It is hoped that this book may provide useful reference for researchers of AI and law.
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  • 36
    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
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    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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  • 37
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031396229
    Language: English
    Pages: 1 Online-Ressource(XLI, 644 p. 49 illus., 47 illus. in color.)
    Edition: 1st ed. 2024.
    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. ; Constitutional law. ; Human rights. ; Administrative law.
    Abstract: Chapter 1: Introduction to Fundamental Rights (Albrecht Weber/Karl-Peter Sommermann/Wolfgang Babeck) -- Chapter 2: Structure of Fundamental Rights Catalogues (Albrecht Weber) -- Chapter 3: Human Dignity (Albrecht Weber) -- Chapter 4: Civil Liberties I (Freedom, Life, Liberty, Privacy) (Albrecht Weber) -- Chapter 5: Civil Liberties II (Freedom of Thought, Expression, Religion, Assembly, Association and Movement) (Albrecht Weber) -- Chapter 6: Civil Liberties III (Property and Economic Rights, Educational Rights, Arts and Science, Asylum) (Albrecht Weber) -- Chapter 7: Equality Rights (Monika Florczak-Wątor) -- Chapter 8: Political Rights (Wolfgang Babeck/Diana-Urania Galetta/Albrecht Weber) -- Chapter 9: General Judicial Rights (Karl-Peter Sommermann/Albrecht Weber) -- Chapter 10: Specific Judicial Rights (Wolfgang Babeck) -- Chapter 11: Rights and Principles of the Economic, Social and Cultural Order (Eberhard Eichenhofer) -- Chapter 12: Global Collective Rights (Eberhard Eichenhofer) -- Chapter 13: Minority Rights (Albrecht Weber) -- Chapter 14: Rights of the Children, Elderly and Handicapped (Wolfgang Babeck/Albrecht Weber) -- Chapter 15: Environmental Rights (Wolfgang Babeck) -- Chapter 16: Constitutional Duties (Wolfgang Babeck) -- Chapter 17: Limitation and Derogation of Fundamental Rights (Albrecht Weber) -- Chapter 18: Judicial Protection of Fundamental Rights (Albrecht Weber).
    Abstract: Writing Constitutions intends to serve as a practical manual for those writing constitutions or interested in their design. It is the first systematic and universal approach to coherently capture concepts and contents of a modern constitution. Volume II is a user-friendly guide covering the current best practice in human rights and contains a draft catalogue of human rights. It empowers judges, lawyers, civil rights activists, legislators, and academics to draft and interpret over 70 Human Rights and strengthen democracies. Writing Constitutions comes in three volumes: - Volume I: Institutions - Volume II: Fundamental Rights - Volume III: Constitutional Principles.
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  • 38
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819704996
    Language: English
    Pages: 1 Online-Ressource(VII, 453 p. 3 illus., 2 illus. in color.)
    Edition: 1st ed. 2024.
    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. ; Information technology ; Mass media ; Law ; Law
    Abstract: Introduction to the emerging rights -- Generation of emerging rights: taking the right to outdoor advertising as an example -- Administrative right to know -- Right to information -- Genetic rights -- Sexual rights.
    Abstract: This book systematically discusses the contents of the administrative right to know, the right to information, the right to gene, euthanasia and other emerging rights. The purpose of this book is to attract legal scholars to pay attention to these right changes in the process of China's social transformation, analyze the basic laws of right changes under the specific background of China's society and provide a theoretical system model for the establishment of China's legislative right recognition and right relief system. The typical feature of contemporary China is all-round social transformation. In such a transitional period, the construction of democracy, legal system and political system in China is gradually unfolding and developing with its unique mode. In the construction of legal system and the practical operation of legal system, the concept of rights, the thinking of rights and the logic of rights have in fact been running through the social and legal practice in China for decades since the reform and opening up and have always become its background, keynote and background. Its typical realistic symptom is that a large number of rights belong to "new" for "China" the germination and birth of the type. In this context, this book tries to combine the general theory with the specific reality of the right landscape and preliminarily explores and explains the generation mechanism, existence basis, development logic and basic connotation of the "new" types of rights, that is, the main "emerging" or "new" types of rights in the transitional Chinese society. The purpose of this book is to draw the attention of the colleagues in the field of law to the reality of the emergence and development of "emerging" rights in our society. At the same time, taking this as an example, I hope that the colleagues in the field of law can deepen the study of rights, especially from the general and macro-study of rights to the more specific and micro-study of rights.
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  • 39
    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
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    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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  • 40
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819999118
    Language: English
    Pages: 1 Online-Ressource (XV, 216 p. 3 illus., 2 illus. in color.)
    Edition: 1st ed. 2024
    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 ; Law ; Public law .
    Abstract: Law and Political Economy -- The Economy and the Rule System before the Reform -- The Paternalistic Role of Law, 1978-1991 -- The Facilitative Role of Law, 1992-2001 -- The Integrative Role of Law, 2002-2011.
    Abstract: This book concerns how China's legal institutions promoted its economic growth and demonstrates that the law has played different roles at various stages of China's economic transformation, a signal of legal paradigm shifts in reaction to the changing political and economic pursuits. By decomposing the role of law in the process, the author argues that while the Chinese economy was transforming from a planned economy to a market-oriented one, the law also made its adjustment as a response—the Chinese legal system was evolving from the one consisting of primarily substantive laws to the one filled with high-level formal laws by the end of the last century. The above observation of legal formalization is further consolidated by introducing the particularities of China's legal education in those years—a topic rarely dealt with yet of significance to comprehensively understand the Chinese legal system in practice. Overall, the present book argues against the modernization theory and determinism that would anticipate a similar developmental path globally and shows that the relationship between law and economic development is contingent. Therefrom, this study weighs in the law and development debate and breaks a perception of static law in the economy by rejecting the conventional perception of established legal institutions as a precondition of modernity. Hence, this book could appeal to legal scholars and sociologists interested in reevaluating western theories of free economy and its relationships to the law. In addition, scholars interested in research methodology would find the perspective of paradigm shifts in interpreting China's transformations a helpful analytical framework in research. Moreover, policymakers and legislators concerned about the characteristics of law for economic results would also find the book useful.
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  • 41
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819990818
    Language: English
    Pages: 1 Online-Ressource(XVII, 291 p. 1 illus.)
    Edition: 1st ed. 2024.
    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. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law). ; Trade regulation.
    Abstract: Chapter 1: Several Legal Issues in Cases Involving Foreign Financial Disputes -- chapter 2: International Judicial Cooperation on Cross-border Bankruptcy -- Chapter 3: Legal Issues of Domestic Application of International Treaties -- Chapter 4: Principles& Practice on Recognition and Enforcement of Foreign Judgments by Chinese Courts -- Chapter 5: Development of E-commerce in China (Bing Cheng) -- Chapter 6: The Future Impact of Conventions on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters in China -- Chapter 7: Application of the Doctrine of Forum non Conveniens in Chinese Courts -- Chapter 8: Jurisdiction by Agreement and the Principle of Actual Connection ( Bing Cheng) -- Chapter 9: Judicial Review of Arbitration Agreement -- Chapter 10: Judicial Review of Arbitration Agreement -- Chapter 11:Decisions on Matters beyond the Scope of Submission to Arbitration and Setting Aside an Arbitral Award -- Chapter 12: Judicial Review of Fraudulent Arbitration -- Chapter 13:Nationality of International Commercial Arbitral Awards -- Chapter 14: Arbitration Practice in China’s Pilot Free Trade Zones (Bing Cheng) -- Chapter 15: Application of Public Policy in Judicial Review of Arbitral Awards.
    Abstract: Combining the author's many years of legal practice experience, this book examines the current hot and difficult issues arising in the legal practice of foreign-related commercial disputes in China. The book focuses on the application of the United Nations Convention on Contracts for the International Sale of Goods (“CISG”) in Chinese courts, judicial review of foreign-related arbitral awards, judicial cooperation in cross-border insolvency, and legal relationships in legal disputes over electronic commerce. The book pays close attention to the latest legislative achievements of the international community and their impact on Chinese judicial practice, thus helping to strengthen exchanges and cooperation among countries along the “Belt and Road” and providing more effective rule of law protection for Chinese enterprises “going global”.
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  • 42
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789811541865
    Language: English
    Pages: 1 Online-Ressource(XVIII, 337 p. 2 illus.)
    Edition: 1st ed. 2024.
    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. ; Constitutional law. ; Administrative law.
    Abstract: Basic Theories of Representative System -- History of Representative System -- Representative System and Popular Sovereignty -- Representative System and Electoral System -- Representative System and State Organs -- Representative System and Party System -- Representative System and Interest Groups -- Comparison of Capitalist Parliamentary Systems -- Comparison of Socialist People’s Representative System -- Comparison of Capitalist Parliamentary System and Socialist People’s Representative System.
    Abstract: This book demonstrates the social and historical conditions for the existence and development of the representative system and uncovers the laws dictating its occurrence, development and operation. Due to the barriers of language and cultural communication, the understanding of democracy differs in western and Chinese cultures, which leads to many misinterpretations and even bias. The book displays the merits and drawbacks of different forms of democracy on the basis of a comparative study of the different representative systems and argues that different representative systems can co-exist side by side and that the selection of the appropriate form of democracy must reflect the actual conditions in a given country. Therefore, a blind evaluation or criticism is unreliable. The book could provide good opportunities for western scholars to see how the Chinese scholars understand democracy and the representative system, help the westerners to understand the forms of democracy with Chinese characteristics and rationality of the socialist people’s representative system, grasp the true essence of Chinese Constitution and democracy and give up their bias towards China for a better communication and mutual understanding. This book constructs a theoretical framework for studying the representative system and provides a solid foundation for its further research, promoting the improvement and development of constitutional jurisprudence. Even today, the comparative study of the basic theories, system building, and operation of the representative system are of great theoretical significance and practical value in the Chinese political development and reform. The book is primarily intended for graduates and scholars in the areas of constitutional jurisprudence on China and abroad. It is a must-read for constitutional researchers and those who want to know the essential differences between Chinese and Western constitutional jurisprudence.
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  • 43
    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
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    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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  • 44
    ISBN: 9789819993031
    Language: English
    Pages: 1 Online-Ressource (XVIII, 454 Seiten) , Diagramme
    Edition: 1st edition
    Series Statement: Asia in Transition Volume 22
    Series Statement: Asia in transition
    Parallel Title: Erscheint auch als Corruption and illegality in Asian investment arbitration
    Parallel Title: Erscheint auch als
    Keywords: Asia ; Commercial law. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law). ; Economics. ; Finance. ; International law. ; Trade regulation. ; Aufsatzsammlung
    Abstract: Introduction -- 1. Bribery and Other Serious Investor Misconduct in Asian International Arbitration -- Part 1: The Economic Context of Corruption and Investment -- 2.Does Corruption Hinder FDI and Growth in Asia and Beyond? The Grabbing Versus Helping Hand Revisited -- 3. The Effect of Corruption on Foreign Direct Investment at the Regional Level: Positive or Negative Relationship? -- Part 2: General Legal Issues from the Interface of Corruption, Illegality and Investment Arbitration -- 4. Anti-Corruption Laws and Investment Treaty Arbitration: An Asian Perspective -- 5. Multi-Tiered International Anti-Corruption Cooperation in Asia: Treaties Review and Prospects.
    Abstract: This open access book explores Asian approaches towards investment arbitration—a transnational procedure to resolve disputes between a foreign investor and a host state—setting it in the wider political economy and within domestic law contexts. It considers the extent to which significant states in Asia are, or could become, “rule makers” rather than “rule takers” regarding corruption and serious illegality in investor-state arbitration. Corruption and illegality in international investment are widely condemned in any society, but there remains a lack of consensus on the consequences, especially in investment arbitration. A core issue addressed is whether a foreign investor violating a host state’s law should be awarded protection of its investment, as per its contract with the host state and/or the applicable investment or trade agreement between the home state and the host state. Some suggest such protection would be unnecessary as the investor committed a crime in the host state, while others attempt to establish an equilibrium between the investor and the host state. Others claim to protect investment, invoking the sanctity of promises made. The book starts with a deep dive into economic and legal issues in corruption and investment arbitration and then explores the situation and issues in major countries in the region in detail. It is a useful reference point for lawyers, economists, investors, and government officials who are seeking comprehensive and up-to-date information on anti-bribery rules in Asian investment treaties. It is of particular interest to students and researchers in economics, finance, and law, who are undertaking new research relating to the multifaceted impacts of corruption.
    Note: Open Access
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  • 45
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819712113
    Language: English
    Pages: 1 Online-Ressource(XVII, 199 p. 8 illus., 1 illus. in color.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Applied linguistics. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Law and the social sciences.
    Abstract: Introduction -- Lawyer Evaluation, Lawyer Speech and Legal Culture -- Theorizing Lawyer Evaluation as a rational speech: a socio-semiotic interpretation -- Locating Lawyer Evaluation in Three Constituents in texts -- Understanding Lawyer Evaluation under Contextual Constraints.
    Abstract: This book focuses on the speech style of lawyer talk in contemporary Chinese courtrooms. The topic is intriguing to readers who may wonder how lawyers compete with their opposing counterparts in an adversarial trial system in China. The legal tradition in Confucianism, which advocates harmony in interpersonal relationships, has historically guided the practice of law in China. The book analyses how lawyers manage to compete in this system. Applying the social semiotic view of language in the Hallidayian sense, specifically systemic functional linguistics and its appraisal theory, this study interprets the subjectivity of legal language by lawyers. The speech style in legal argument presentation is described as 'rational'. The exploration of the rational speech style of lawyers is a theoretical and discursive topic. It draws upon Habermasian philosophy of intersubjectivity in legal argumentation and considers the cultural and legal contexts of China as contextual constraints. The key construct of lawyer evaluation is fully captured in this discussion. As a linguistic phenomenon and unit of analysis, discourse can be examined both within local clauses and in larger stretches of talk beyond clauses. Additionally, it serves as an effective means for constructing a rational speech style for lawyers. Most importantly, discourse is a discursive act that negotiates legal arguments in the dynamic speech exchanges of a court trial, which is embedded in a wider social and cultural context. The book showcases instances of lawyer talk in well-documented trials in China and offers a good opportunity for readers to gain a general understanding of courtroom discourse in the Chinese context. It introduces readers with special interests in legal language and the law to the solidarity dimension of legal language and arguments, an alternative to the confrontational or hostile lawyer talk in trials in countries with a common-law system. The analysis presented is refined and the language used is clear, concise, and objective.
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  • 46
    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
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    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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  • 47
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031553226
    Language: English
    Pages: 1 Online-Ressource(VIII, 338 p. 2 illus., 1 illus. in color.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Europe ; Law ; Political sociology. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; World politics.
    Abstract: Introduction -- Part I: General aspects of the rule of law and populism in the European Union -- 1. Historical Perspectives on the Democratic Deficit(s) -- 2. Populism and segmentation in contemporary Europe -- 3. Democracy in Europe: Between a Rock and Hard Place -- 4. Populism, human rights, and (un-)civil society -- 5. The Epistemic Vices of Democracies in the Age of Populism -- 6. Too Little, But Not Too Late? Assessing the Role of Sanctions in the EU's Rule of Law Conflict with Poland -- Part II: Political perspectives on populism and the rule of law in key political contexts -- 7. The rule of law as a cornerstone of anti-populism: European institutions, populists, and the people in European Parliament debates -- 8. Democracies Under Pressure in Pandemic Times: The Relationship between State of Emergency and Rule of Law in Angela Merkel and Victor Orbán’s Political Communication -- 9. Gender rights and opposition to Populism -- 10. Left populism and the rule of law. Notes based on the Greek and Ecuadorian experiences -- 11. Predictors of populism and anti-populism in France and Poland: A comparative analysis -- Part III: Legal Perspectives on the Rule of Law in the European Union and Threats Posed by its Violation -- 12. The Principle of Legality as a Pillar of the EU's Rule of Law: Bridging the Gap Between International and National Law -- 13. Conditional or sustainable? The rule of law and judiciary reforms in the Western Balkans -- 14. EU social policy, social partners, and the rule of law -- 15. Climate change litigation and the rule of law in the European Union -- 16. The EU Sustainable corporate governance initiative and the rule of law -- Conclusions. .
    Abstract: This book reflects on the nature of the rule of law in the European Union and the present and future consequences of the attacks that are undermining it. Presenting various case studies, it analyses violations of the rule of law and their impact on the quality of European democracy and on the workings of civil and political society. Written from an interdisciplinary perspective, the book connects legal aspects related to infringements of the rule of law with their political and sociological consequences at both a general and the EU level. The book is divided into three parts. The first focuses on the rule of law in the European context and the threats to democracy posed by its violations. It examines how populist movements and parties utilize the erosion of the checks and balances in liberal democracies to weaken resisting intermediate bodies, such as dissenting civil society groups. The second part concentrates on the political perspectives, which it approaches both in terms of its general features and through a set of case studies related to violations of the rule of law. The third part provides a legal perspective on these issues and examines the impact of the rule of law and its infringement in several areas, impacting both the internal and external dimensions of the EU.
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  • 48
    ISBN: 9783031385261
    Language: English
    Pages: 1 Online-Ressource(X, 265 p. 15 illus. in color.)
    Edition: 1st ed. 2024.
    Series Statement: AIDA Europe Research Series on Insurance Law and Regulation 8
    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. ; Environmental Law. ; Finance ; Information technology ; Mass media ; Commercial law.
    Abstract: Part I – Insurance and ESG Impact -- The Insurance Sector’s Contribution to the Sustainable Development Goals: a Story Worth Telling? -- Insurance is Accelerating Economic and Social Change in the United States: a Legal and Sociological Perspective -- The role of insurance in dealing with disasters: the case of agricultural insurance -- Measurement of the Level of Government Intervention in the Compulsory Health Insurance System: Cross-country Comparative Analysis -- Part II – Financial Innovation in Insurance Regulation -- Historical, Definitional, and Implementional Issues of Financial Services Regulation in a Small Jurisdiction -- Public/ Private Risk Financing Innovation: the Case of Government Self- Insurance Risk Pools in the United States -- Comparison of Efficiency Levels of Turkish Insurance Companies with VZA Malmquist Total Factor Efficiency Analysis -- Unpacking the Impact of Capital Structure on Financial Performance in the Insurance Industry: Evidence from Kosovo's Market -- Part III –The Impact of New Technologies and Other Recent Developments in Insurance Law and Regulation -- The Principle of Proportionality in Solvency II -- Automatic Vehicles and Legal/Insurance Risks. A New British “Quasi-Legislative” Point of Observation and Glimpses of Liability in Tort in Italy -- A Study of the Effectiveness of the General Data Protection Regulation for Risk Mitigation in the Insurance Industry: a Maltese Perspective -- The Digitalization of the Insurance Industry and the Growth of Life Insurance in India -- Exploring the Suitability of the Protected Cell Company Structure for Shipping Business: a Call for Further Discussion and Research -- Goods and Services Tax Implications on the Insurance Sector: Assessment of Awareness and Knowledge -- The Effectiveness of Recent Policyholder-friendly Laws at Addressing Complaints in India.
    Abstract: This book explores the insurance sector’s potential role, influence, and impact on society in light of new environmental, social, and governance (ESG) concerns. Furthermore, it looks into how financial and technological innovations help reshape insurance regulation and business models. Unlike their predecessors, 21st century insurers have a growing impact on cross-sector service provision by making available to their clients a wealth of expert knowledge and experience in data analytics. The book delves into insurers’ transition from suppliers of products – consisting of risk coverage or investment opportunities – to providers of various services, and ultimately to solution providers by partnering with their clients so as to prevent failure, optimize their clients’ operations and help them excel in their economic sector. Insurance regulations and policies can be affected by various factors, such as changes in the economy, technological advances, and shifting consumer preferences, to name a few. Additionally, the insurance industry can have a significant bearing on the wider economy, making it important for the industry to operate within a framework of comprehensive regulations. This book includes a diverse set of theoretical, empirical, and policy-oriented chapters on particular aspects of new trends and wider analyses leading to a more systematic understanding of the industry’s socio-economic role. It offers a mixture of chapters from insurance academics and professionals from different countries, cultures, and scientific backgrounds. The methodologies used are diverse, including legal, sociological, historical, economic and financial as well as interdisciplinary analyses. The book has a global scope, including chapters of a more global nature and others addressing particular jurisdictions on different continents, including Europe, Asia and North America.
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  • 49
    ISBN: 9783031528682
    Language: English
    Pages: 1 Online-Ressource(VI, 60 p.)
    Edition: 1st ed. 2024.
    Series Statement: SpringerBriefs in Law
    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 ; Law
    Abstract: Chapter 1. Introduction -- Chapter 2. Private activists’ undercover tactics and Vice Enforcement in Progressive Era America -- Chapter 3. The Irrelevance of Undercover Tactics to the French Conflict over Whether Prostitution Should be Regulated or Suppressed -- Chapter 4. American activists’ efforts to export their undercover tactics and their abolitionist agenda to the League of Nations -- Chapter 5. Conclusion.
    Abstract: This book uses the early twentieth century surveillance reports of urban vice reformers in New York, Chicago, Lancaster, Pennsylvania, as well as the US vice report for the League of Nations’ Special Body on Trafficking in Women and Children (from 1927) and French police memoirs, treatises, and histories of vice enforcement in late nineteenth century and early twentieth century Paris to highlight the way in which American reliance on undercover tactics drove American vice enforcement policy, leading to a clash with French vice enforcement policy before the League of Nations. Both the failure of that early effort to exert international influence on vice enforcement and the American embrace of undercover tactics would set the stage for the later American efforts to promote a global war on drugs. Before the League of Nations, in particular, the American delegation’s notable lack of success in mobilizing European crackdowns on prostitution created a blueprint for how not to project American influence overseas, once American advocates of narcotics interdiction sought to promote a global war on drugs. Yet private reformers’ reliance on undercover tactics to investigate prostitution modeled the investigative tactics on which American law enforcement would come to depend, and which it would later seek to export, as a primary weapon in the war on drugs.
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  • 50
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031461385
    Language: English
    Pages: 1 Online-Ressource(XXIII, 349 p. 7 illus., 3 illus. in color.)
    Edition: 2nd ed. 2024.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International criminal law. ; Humanitarian law. ; International law. ; Human rights. ; International organization.
    Abstract: 1 The Definition of International Crime -- 2 The Preconditions for the International Criminal Court to Exercise its Jurisdiction -- 3 The Crime of Genocide and the International Criminal Court’s Jurisdiction -- 4 Crimes Against Humanity Under the ICC’s Jurisdiction -- 5 The ICC’s Jurisdiction Over War Crimes -- 6 The Crime of Aggression: The Birth of a Crime -- 7 Immunities Under Art. 27 ICCRSt and the ICC’s Jurisdiction -- 8 The ICC’s Jurisdiction Following a Security Council’s Referral of a Situation Concerning Citizens of States Non-Parties to the ICC: the Situation in Sudan and Libya (Art. 25 UN Charter & 13(b) ICCRSt) -- 9 The Awakening Hypothesis of the Complementarity Principle -- 10 Ecocide: The Emergence of a New Crime within the Jurisdiction of the International Criminal Court? -- 11 Lethal Autonomous Weapons, Drones and Robots: to what extent their usage infringes upon established principles of international criminal law? -- 12 Cyber warfare: international criminal law in the digital era.
    Abstract: This book embarks on a comprehensive exploration of the jurisdiction of the International Criminal Court (ICC) and elucidates the three foundational aspects of its jurisdiction as laid out in the Rome Statute: the preconditions for exercising jurisdiction (Article 12 ICCRSt), its substantive competence regarding core crimes (Articles 5-8bis ICCRSt), and the principle of complementarity (Article 17§1(a) ICCRSt). This principle, crucial to understanding the ICC’s ‘ultimate jurisdiction’, is invoked only when a State Party demonstrates an inability or unwillingness to genuinely undertake investigation or prosecution. The book further probes the ‘negative preconditions’ of the Court’s jurisdiction, in particular, immunities (Article 27 ICCRSt) and exceptions through Security Council referrals (Articles 13(b) and 15 ICCRSt). Intended for students, scholars, and practitioners alike, this second edition offers invaluable insights into the ICC’s jurisdiction, making a notable contribution to the existing literature. Importantly, it also navigates emerging fields of international criminal law, addressing topical and thought-provoking subjects such as ecocide, cyber warfare, automated lethal weapons, artificial intelligence, and the legal complexities arising from the Russian invasion of Ukraine.
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  • 51
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819707225
    Language: English
    Pages: 1 Online-Ressource(IX, 115 p. 1 illus.)
    Edition: 1st ed. 2024.
    Series Statement: Artificial Intelligence and the Rule of Law
    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. ; Criminal law. ; Artificial intelligence.
    Abstract: Preface -- Chapter 1 Challenge of Criminal Imputation for Negligence Crime Involving AI to the Traditional Criminal Imputation Theory -- Chapter 2 Theoretical Preconditions of Criminal Imputation for Negligence Crime Involving AI -- Chapter 3 Imputation System for Negligence Crime Involving AI -- Chapter 4. Main Conclusions and Future Prospects.
    Abstract: This book provides an in-depth discussion of the theoretical and practical issues of criminal imputation for negligence crime involving artificial intelligence. Accordingly, this study combines the imputation challenges brought about by AI with traditional criminal imputation theory and analyses imputation for negligence crime involving AI from three aspects: the basic principles, structure, and results of imputation for negligence crime involving AI. The traditional theory of imputation is discussed in detail. The readership is a group of people interested in this topic, including, in particular, interested laymen, undergraduate students and postgraduate researchers. The highlights of this book are it identifies the imputation challenges bought about by AI, reveals the theoretical and practical gap in the criminal imputation of negligent crimes involving AI, and provides an in-depth and creative ideas of criminal imputation for the negligent crimes involving AI.
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  • 52
    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
    Parallel Title: Erscheint auch als
    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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  • 53
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031423574
    Language: English
    Pages: 1 Online-Ressource(VIII, 401 p. 57 illus., 49 illus. in color.)
    Edition: 1st ed. 2024.
    Series Statement: Studies in Art, Heritage, Law and the Market 9
    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 ; Law ; Cultural property. ; Archaeology.
    Abstract: Introduction to the Volume -- Part I Theorizing Conservation as a Reflective Practice -- Artworks in Art Museums -- Doing Ethics in Practice: SBMK Platform Meetings -- Part II The Identity of the Art Object -- The Enfolding Object of Conservation: Artwork Identity, Authenticity, and Documentation -- When Old Was New: Rethinking Traditional and Contemporary Art and Their Paradigms of Care -- Languages of Conservation: A Comparison between Internet-based Art and Built Heritage -- No Longer Artwork -- Part III Professional Roles and Identities: Conservators, Curators, and Artists -- Visible Issues. Insights into the Professional Identity of the Conservator -- Conceptual Art and Conservation -- Reinstalling Thomas Hirschhorn’s Doppelgarage (2002): Bridging Gaps between Theory, Practice and Emotion in the Preservation of Installation Artworks -- The Increasing Role of Artists’ Estates in the Preservation of Contemporary Art.-Part IV Documentation and Decision-making in Theory and Practice -- Documenting hybrid mixed media art forms: the role of the audience -- Sharing Knowledge in Art Conservation: From Repository Building to Research Publishing -- Collections of (An)archives: Towards a New Perspective on Institutional Collecting of Contemporary Art and the Object of Conservation -- Decision-Making for the Conservation and Presentation of Thermoelectronic Chewing Gum (1970), a Political Environment by Wolf Vostell -- Part V The Role of Research in the Art Museum -- The Living Process of Conserving Performance: Theory and Practice in the Conservation of Performance-based Artworks at Tate -- Integrating Front-of-House with Behind-the-Scenes Practice in Contemporary Art Conservation -- Is Trust Enforceable? The Conservation of Contemporary Artworks from a Socio-legal Perspective -- Making Time.
    Abstract: This open access book investigates whether and how theoretical findings and insights in contemporary art conservation can be translated into the daily work practices of conservators or, vice versa, whether and how the problems and dilemmas encountered in conservation practice can inform broader research questions and projects. For several decades now, the conservation of contemporary art has been a dynamic field of research and reflection. Because of contemporary art’s variable constitution, its care and management calls for a fundamental rethinking of the overall research landscape of museums, heritage institutions, private-sector organizations and universities. At first, this research was primarily pursued by conservation professionals working in or with museums and other heritage organizations, but increasingly academic researchers and universities became involved, for instance through collaborative projects. This book is the result of such collaboration. It sets out to bridge the “gap” between theory and practice by investigating conservation practices as a form of reflection and reflection as a form of practice.
    Note: Open Access
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  • 54
    ISBN: 9783031473470
    Language: English
    Pages: 1 Online-Ressource(VIII, 587 p. 2 illus.)
    Edition: 1st ed. 2024.
    Series Statement: Law and Visual Jurisprudence 12
    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. ; Cultural property.
    Abstract: Introduction. Venturing to Find New Approaches to Heritage in Peril for the 21st Century -- Part I. Cultural Heritage Between Theory, the Past, and the Future -- Ruins as Cultural Heritage. Ethical and Aesthetic Considerations -- Finding the Intangible: Contested Cityscapes, Inclusive Cultural Heritage Determinations, Balancing Stakeholder Interests… Is Urban Property Law Up to the Challenge? -- Should Heritage be Preserved? Examining Contention Over Confederate Monument Removal -- Ruins and Heritages, the Great Mutation of China’s Diplomacy in its Encounter with Europe in the 19th Century -- Cultural Heritage Law and NaturalCultural Paradigms within the Sustainable Development Discourse -- Adopting a Holistic Approach to Cultural and Natural Heritage Protection under the UNESCO World Heritage Convention -- Cultural Heritage and the Conservation and Insecurity Paradigms: International Law in the Pursuit of Social Cohesion -- NFT and Blockchain Technology for a Sustainable Future of Cultural Heritage -- The Virtual Museum: How Technology and Virtual Reality may Help Protect and Promote Cultural Heritage -- The Two Most Important 21st Century Disputes in Cultural Heritage Law -- Part II. Heritage Issues in Times of War and Conflict -- The Protection of Cultural Property in the Case of Armed Conflict: The State of Current and Future Developments in Military Doctrine -- Military Necessity as an Exception in the Context of Cultural Heritage Protection: Exploring the Role Played by the Proportionality Principle -- Cultural Heritage as a Neutral Party: The Role of Neutrality in the Protection of Cultural Heritage During Armed Conflict -- Mens Rea in International Criminal Law: A Look at Eichmann’s Responsibility in the Light of Kant and Arendt -- Protecting Cultural Heritage in Times of War: A Study of the Gravity of Protection Rules vs the Weight of Violations -- To Break Their Will to Fight: The Weaponization of Heritage in Modern Irregular Warfare -- Heritage in War: International Criminal Responsibility for the Destruction of Cultural Heritage in Armed Conflict -- Destruction of Natural and Cultural Heritage during the Armed Conflicts: An International Law Perspective -- Facing Heritage Protection in Armed Conflicts, International Institutions and Civil Society -- Armed Non-State Actors and Cultural Heritage Protection under IHL -- Cultural Heritage and International Security through the role of ANSAs -- Part III. Heritage Issues in Times of Peace and Stability -- Law, Vague Legal Terms and Clothing as Everyday Culture -- Eat the Rich: A Rethinking of the Heritage-Crime-Development Nexus -- Mainstreaming Indigenous Peoples’ Human Rights in the Protection of Cultural and Natural Heritage: The Role and Issues Surrounding of Relevant Global Governance Actors -- The Legal Process of Transformation: Exploring the Interactive Relationship between Cultural Heritage and Geographical Indications (GIs) -- Gender, Traditional Cultural Expressions, and Intellectual Property: Exploring Women’s Empowerment and Cultural Production in Zambia -- Folk Art and Stylized Folk Art from the Perspective of Intellectual Property Law. Analysis of the Example of Two Polish Folk Song and Dance Ensembles, ‘Mazowsze’ and ‘Śląsk’ -- Part IV. Heritage as a Right: From the Fight for Preserving the Past to the Questions of Restitution -- Shrouds of Silence: Dismantling of the Heritage Sites of Middle Eastern Minorities as de facto Erasure of History -- The Consequences of Violence against Women and Children in Armed Conflicts for their Intangible Cultural Heritage. A Diachronic Perspective of Universal Rights of Women -- Cultural Heritage: A Critical Element of the Right to Education and the Right to Identity of Children in Armed Conflict -- Legal Obstacles to Claims for Restitution of Cultural Objects Removed as Spoils of War -- Cultural Heritage Law in the Dock: Protecting Cultural Objects in Un-recognized States and Governments -- Cultural Treasures and their Place of Origin: Crimean Treasures return to Kyiv -- Performing Special Protection: Cultural Heritage in PostWar Kosovo -- Conclusions. Heritage in War and Peace -- Afterword. Return to the First Seminar: Protecting an Invaluable Heritage. The Egyptian Case.
    Abstract: This edited collection, which brings together nearly fifty authors from across the globe and various disciplines, makes a valuable contribution to the field of conservation, covering a wide range of topics regarding the protection of heritage in times of war and peace. Uniquely linking the two typically separate perspectives, the book builds on the wealth of discussions that took place during the 2021 and 2022 installments of the international “Heritage in War and Peace” Seminars held in Rome and Montréal, respectively. Issues explored in the volume include but are not limited to questions surrounding the protection of contentious heritages, unsustainability of the current dichotomic cultural/natural heritage protection frameworks, digitalization of heritage, place of heritage in military conflicts, use of heritage by armed non-state actors, indigenous peoples’ relationships with heritage, the intersection of intellectual property (IP) law and heritage, human rights matters linked to heritage protection, and the latest case studies surrounding restitution. Given its scope, the book will be of particular interest not only to practitioners and conservation specialists but also to academics and students in the broader social sciences and humanities, and to all those who hope to preserve our heritage for future generations.
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  • 55
    ISBN: 9789819992751
    Language: English
    Pages: 1 Online-Ressource(XII, 278 p. 3 illus., 1 illus. in color.)
    Edition: 1st ed. 2024.
    Series Statement: International Law and the Global South, Perspectives from the Rest of the World
    Parallel Title: Erscheint auch als
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    Keywords: International law. ; Human rights. ; Sex. ; Criminology.
    Abstract: Introduction by editors -- The discursive dissociation of human rights and justice: Experiences of Afro-Colombian displaced women from Colombia -- Seeking intersectionality in the Inter-American System jurisprudence on land rights -- The rights of indigenous and quilombola communities in the context of environmental challenges in Brazil -- The Struggles for Corporate Accountability in the UN: A Global South Perspective -- Strategies for Including LGBT as an “Ethnical Group” under the Genocide Article of the Rome Statute -- Prior consultation in Colombia and its postcolonial legacies: an exclusion/inclusion policy -- Impacts of Sinosphere on ensuring equal rights of ethnic minority women in Southeast Asian countries: Barriers, challenges and recent developments -- Human Rights as a calculus of unfreedom -- Manual Scavenging as an Unhygienic Occupation: An Untold Story -- Analysing the Symbiotic Relation Between the Concept of Resistance and Counter-hegemonic Practices of Human Rights -- The Utility of International Law in Solving the Palestinian Question Insights from Complexity Theory -- Using Law to Prevent Further Unequal Access to Food in North Korea -- Vernacularising Human Rights in ASEAN Regionalism -- A Critical Appraisal of The Human Rights Based Approach to NCD Prevention and Control in the Caribbean Region -- International Criminal Court: A Critical Analysis -- Contradictions and opportunities for national liberation in human rights law and practice.
    Abstract: The books aims to discuss and present an alternative epistemology of human rights, against the background of the globalization from below. The interdependent network of transnational networks, ranging from social movements, NGOs, and other groupings, questions the neoliberal paradigm and a particular set of human rights. This book wishes to transform this discourse on human rights and amplify the subaltern voices. The book also aims to highlight alternative practices of freedom that decenter human rights as a liberation discourse. Following Julia Suarez-Krabbe in “Race, Rights and Rebels”, the authors aim to amend to practices of freedom that center different orders of knowledge on subjectivity and agency. The proposed book, first, situates the problem of representation of the marginalized voices in contemporary legal and political discourse. Second, it offers critiques in theory, and, third, followed by alternative practices that emanate from marginalized localities. In particular, this book wishes to reflect upon alternatives rooted in legal and non-legal responses to address human rights grievances. In the end, this book envisages, along the lines of Frantz Fanon, to vision the possibility of the human by a new concept, addressing the concerns in various ways: As Fanon argued for “a new start”, “a new way of thinking”, and for the creation of a “new man”, it is pertinent to trigger a human rights project from the below.
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  • 56
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031469435
    Language: English
    Pages: 1 Online-Ressource(VIII, 200 p. 1 illus.)
    Edition: 1st ed. 2024.
    Series Statement: The World of Small States 11
    Parallel Title: Erscheint auch als
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    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Law ; Law
    Abstract: 1 Navigating Law-making and Law Reform in Small Jurisdictions -- Part I Case studies in law-making in small jurisdictions -- 2 A small state, a worldwide jurisdiction: Vatican City State and its legal system -- 3 Small states and constitutional reform: democracy in Malta -- 4 Drafting for effectiveness: Tuvalu's Climate Change Resilience Act 2019 -- Part II International influences and their impact on small jurisdictions -- 5 Mapping the UK's constitutional relationship with Britain's Overseas Territories in the human rights sphere -- 6 The Long Road to a Beneficial Ownership Regime in the Cayman Islands -- 7 Law Reform and Regulated Credit Reporting Systems in Commonwealth Small Island Developing States: a study of Jamaica -- Part III Global perspectives on law-making and law reform in small jurisdictions -- 8 The Challenges and Rewards of Law Drafting in Small States.
    Abstract: This book puts the spotlight on a different and neglected aspect of law drafting and reform: the question of size. Specifically, how does the size of a jurisdiction affect its ability to make and change its laws? Some of the challenges affecting small jurisdictions include: a lack of resources and paucity of policy/drafting capacity; the pressures and pull from sources outside the jurisdiction (e.g. international bodies or NGOs; larger states; treaty commitments); a vulnerability to domestic capture (e.g. criminal elements, big local businesses, strong domestic lobby groups); weak/bad governance (e.g. laws or institutions which themselves do not encourage or promote good governance, reflection and reform); the legacy of colonial legal systems and their interaction with indigenous or customary laws; and struggles to comply with constitutional norms such as accountability and transparency. Despite these difficulties small jurisdictions also have certain advantages when it comes to making and reforming law: they can be flexible and creative; they can legislate very quickly if the political will is there; and there is strong informal/formal accountability in a small jurisdiction. This edited collection explores law reform and law drafting in small jurisdictions through the themes of sovereignty; the impact of colonialism and legal plurality; the challenges of harmonising laws at regional and international levels; and constitutional reform. Of use to researchers and practitioners alike.
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  • 57
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819975419
    Language: English
    Pages: 1 Online-Ressource(XIX, 256 p. 2 illus.)
    Edition: 1st ed. 2024.
    Series Statement: Modern China and International Economic Law
    Parallel Title: Erscheint auch als
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    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Trade regulation. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law).
    Abstract: What is international economic law -- Subjects of international economic law -- Economic sovereignty and the right to regulate -- Values of international economic law: freedom, equity and security -- Competition, cooperation and development in international economic relations -- Trade Treatment in international economic relations -- Protection and restriction of property -- Exceptions to obligations under international trade and economic rules -- Settlement of international economic and trade disputes.
    Abstract: This book focuses on the real themes in various areas of international economic law and explores the key elements behind the written rules. The advantage of this approach is that these themes or elements apply to all types of countries, whether developed or developing, whether market-based or not, and to trade, investment, or other transactions. This book reflects the author's thoughts and views on international economic law and its application based on his experience advising government departments and entities, particularly insights into the U.S.-China trade war from the perspective of a Chinese scholar. This feature makes the book very different from other books published before the U.S.-China trade war or textbooks that simply introduce the relevant subjects and provokes readers to think deeply about the relevant issues.
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  • 58
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819999750
    Language: English
    Pages: 1 Online-Ressource(IX, 250 p. 4 illus.)
    Edition: 1st ed. 2024.
    Series Statement: Modern China and International Economic Law
    Parallel Title: Erscheint auch als
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    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Blockchains (Databases). ; Data protection.
    Abstract: 1. The Reform of the IMF and the Origin of Crypto-SDRs -- 2. The realization path of Crypto-SDRs Monetization -- 3. Risks and Regulations in the Early Stage of the Birth of Crypto-SDRs -- 4. Research on Legal Issues in the Mature Period of Crypto-SDRs -- 5. The Impact of Crypto-SDRs and China's Countermeasures -- 6. Conclusion.
    Abstract: This book analyzes the concept, theory, rules, and impact of the reform of the international monetary system and Crypto-SDRs and provides a feasibility analysis of the combination of blockchain technology and SDRs. It explores and summarizes the possibility of solving problems such as the inherent defects of the current international monetary system and creatively suggests that the birth of Crypto-SDR will have a positive impact on countries and industries and fields around the world, especially in anti-money laundering, cross-border asset recovery, international payments, banking, insurance, financial auditing, Fintech regulation, etc.
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  • 59
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819701858
    Language: English
    Pages: 1 Online-Ressource(XVI, 369 p. 9 illus., 5 illus. in color.)
    Edition: 1st ed. 2024.
    Series Statement: Modern China and International Economic Law
    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. ; Trade regulation. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law).
    Abstract: The WTO Institutional Structure and Dispute Settlement Practice -- China’s Practice in WTO Dispute Settlement -- China’s Special Member Status in WTO Dispute Settlement Practice -- Application of the Protocol on the Accession of China in WTO Dispute Settlement Practice -- Evaluation and Re-Evaluation of the Features of China’s Practice in WTO Dispute Settlement.
    Abstract: This book thoroughly reviews China’s participation in the WTO dispute settlement system with a focus on the interaction between China’s distinctive institutional characters and international legal regime and an aim of not only revealing the Chinese phenomenon but also identifying the Chinese mode and the rationale that lies behind China’s mode change. It further analyzes two fundamental issues China is confronted with. One is the distinctive member status issue of China due to the concurrence of its multiple member status as member state, accessing member state and developing member state. The other is the issue of invoking and applying the special rules of The Protocol on the Accession of China in the WTO dispute settlement. In-depth examination of assorted cases that involve China and representative individual cases thereof, is also provided. Upon the insight into Chinese phenomenon and Chinese issues in the WTO dispute settlement, the book tries to respond to the imminent need of reforming the WTO dispute settlement regime by providing directions that accord with the regular pattern of evolution of international economic law system and pragmatic suggestions that stem from China’s strategic position. This book serves for academics, policymakers, and business practitioners by providing useful insights into the legal, regulatory, and economic issues raised by distinctive character of China in WTO dispute settlement.
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  • 60
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819971657
    Language: English
    Pages: 1 Online-Ressource(XIX, 341 p. 2 illus.)
    Edition: 1st ed. 2024.
    Series Statement: China Arbitration Yearbook
    Parallel Title: Erscheint auch als
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    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law). ; Trade regulation.
    Abstract: Chapter 1 . Arbitration Agreement -- Chapter 2. Parties and Participants -- Chapter 3. Evidence and Substantive Matters. Chapter 4. Public Policy -- Chapter 5. Arbitration and Criminal Proceedings -- Chapter 6. International and Interregional Recognition and Enforcement of Arbitral Awards in China -- Appendix. 1. Main Official Replies by the Supreme People’s Court Concerning Arbitration in China.
    Abstract: This book presents a selection of the latest arbitration cases, materials, and commentaries from China. It aims to provide information on the theory and practice of arbitration combined. It is intended to provide readers with a useful resource to guide them when they encounter actual China-related arbitration cases. This book is a valuable resource for all practitioners concerned with international and foreign-related arbitration matters in China, global law firms, companies engaged in multinational business, jurists, and academics.
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  • 61
    ISBN: 9783031406096
    Language: English
    Pages: 1 Online-Ressource(XI, 331 p.)
    Edition: 1st ed. 2024.
    Series Statement: International Yearbook of Soil Law and Policy 2022
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Environmental law, International. ; Soil science. ; International law. ; Human rights. ; Climatology. ; Environmental policy.
    Abstract: Part 1: the theme: sustainable soil management and climate mitigation and adaptation -- Sustainable Soil Management and Soil Carbon Sequestration -- The Climate Decision of the German Constitutional Court and its Implications on Soil Management -- Legislative Protection for the Soil Environment and Climate Change. Unsealing: Benefits, Potentials, Legal Provisions and Funding: the German Experience -- Land-use Implications of Carbon Dioxide Removal: An Emerging Legal Issue? -- "What place for contractual commitments in the protection of European agricultural soils? -- The example of carbon sequestration" -- Part 2: Recent international developments -- UNFCCC CoP26: Key Outcomes for Soil Management -- The mainstreaming agenda of the CBD and its value to protect and to enhance soil ecosystem services -- Part 3: Regional/national reports -- Soil protection law in Japan -- Soil-related laws in Thailand -- Effective governance for sustainable soil management at national level: Selected recommendations based on African and German soil law studies -- Part 4: Cross-cutting issues -- PFASs in soil and groundwater– comprehensive challenges and progress in regulation and management in Germany -- An African Legal, Cultural and Religious Perspective of Sustainable Soil Governance.
    Abstract: This open access book presents an important discussion on the interface between sustainable soil management and climate mitigation and adaptation. It investigates a variety of aspects in this context, such as the political and societal consequences for countries in the Global South, an assessment of the outcomes of the UNFCCC Conference of Parties held in Glasgow, appropriate legal instruments to promote desealing, regulatory concepts for negative emissions in soil and land use, the debate in Europe on carbon uptake in soils and the climate-related policy of the Convention on Biological Diversity. Lastly, it provides information on recent court rulings on climate mitigation in Germany and Australia and their relevance for sustainable soil management. This sixth volume of the International Yearbook of Soil Law and Policy is divided into four parts, the first of which deals with various aspects of the theme “Climate Mitigation and Adaptation and Sustainable Soil Management.” The second part covers recent international developments, the third presents regional and national reports, and the fourth discusses overarching issues. Given the range of key topics covered, the book offers an indispensable tool for all academics, legislators and policymakers working in this field. The “International Yearbook of Soil Law and Policy” series discusses central questions in law and politics with regard to the protection and sustainable management of soil and land – at the international, national, and regional level.
    Note: Open Access
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  • 62
    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
    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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  • 63
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789811960413
    Language: English
    Pages: 1 Online-Ressource(VIII, 281 p. 56 illus., 53 illus. in color.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
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    Keywords: Cultural property. ; Cultural policy. ; Ethnology. ; Comparative government. ; International law.
    Abstract: Introduction -- Questioning the Adaptability of Global Governance in the Safeguarding of Cultural Heritage in Post-Trauma Situations -- Governance Challenges in Nepal After the Kathmandu Earthquake, in Light of the World Heritage Convention -- Introduction -- Japanese Approach and Practice for Cultural Heritage in Post-Disaster Situations. .
    Abstract: This book successfully represents the indispensable interdisciplinarity of viewpoints by its authors combining legal perspectives with architectural and anthropological approaches. With the observation and analysis presented here, this book is the first to demonstrate research-based governance solutions for cultural heritage within the process of recovering from traumatic events. Its opening statement is that universal international standards are not effective enough for the specific situations of disaster-struck places. A major objective of this monograph is to allow its readers to go through a learning experience, from plural cases where reconstruction of cultural heritage became central to rebuilding a post-disaster society. This book introduces Japan as the most disaster-prone country, with a long history of confronting and overcoming the power of nature, resulting in its unique solutions for cultural heritage resilience and sustainability. But how do leadership and decision making become efficient in times of recovery? Bearing in mind what may be lacking in Japanese practices, this work also presents comparable governance models from other countries which indicate alternative solutions. While a traumatic event may occur within one night, the process of recovery could last for decades. Such disasters also tend to recur. In order that directly affected communities can sustain resilience throughout the long recovery period, and that equally severe social trauma will not be repeated, a continuous, well-maintained governance response is required, whether grounded in local knowledge or national policy frameworks. At the heart of this book is the matter of the reconstruction process involving networks of small and large communities. Each of those has a role that becomes operational through linkages of contacts, the interchange of knowledge and skills, and above all through the sharing of common goals.
    URL: Cover
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  • 64
    ISBN: 9789811972348
    Language: English
    Pages: 1 Online-Ressource(XV, 180 p. 7 illus., 3 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Perspectives in Law, Business and Innovation
    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. ; Business. ; Management science. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Information technology ; Mass media
    Abstract: Organizing-for-innovation -- The board of directors as a missed opportunity -- Mobilizing institutional investors -- Corporate venturing strategies to foster innovation -- Corporate governance and new technology -- Blockchain and the disruption of the corporation -- The future of the corporation -- Regulation tomorrow. .
    Abstract: This book argues that large corporations need to implement governance practices and processes that make them better innovators and that the challenge is to identify organizational principles and practices that provide the best chance of delivering innovative products to create a meaningful consumer experience. In this context, it is important to recognize that when we address organizational forms, we are not thinking of corporate governance in the sense of managing agency costs and ensuring regulatory compliance, but the more pressing business task of putting in place organizational systems and processes that facilitate value creation through continued and sustained innovation. The book examines how the contemporary concept and discourse of corporate governance may be obsolete or, at least, is increasingly disconnected from the needs and realities of the most innovative firms today. The concept of organizing for innovation—identifying process and practices that deliver the best opportunities for innovation—needs to take centre stage. This book aims to contribute to the nascent debate in this area by bringing together a series of chapters that examine various issues related to organizing for innovation.
    URL: Cover
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  • 65
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031187438
    Language: English
    Pages: 1 Online-Ressource(XIII, 315 p.)
    Edition: 1st ed. 2023.
    Series Statement: Studies in Art, Heritage, Law and the Market 7
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als Bolz, Anna A regulatory framework for the art market?
    RVK:
    Keywords: Law—Philosophy. ; Law—History. ; Art—History. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Criminal law. ; Archaeology. ; Cultural property. ; Art ; Law ; Law ; Kunstmarkt ; Regulierung ; Recht ; Echtheit ; Kunstfälschung ; Gutachten ; Geschichte 2000-2023
    Abstract: Setting the Scene: Approach and Methodology -- Peculiarities of the Art Market -- Fraud, Forgery and Authentication -- Remedies: Regulation and New Initiatives -- Conclusions and Recommendations.
    Abstract: This book addresses practical issues in connoisseurship and authentication, as well as the legal implications that arise when an artwork’s authenticity is challenged. In addition, the standards and processes of authentication are critically examined and the legal complications which can inhibit the expression of expert opinions are discussed. The notion of authenticity has always commanded the attention of art market participants and the general art-minded public alike. Coinciding with this, forgery is often considered to be the world’s most glamorous crime, packed with detective stories that are usually astonishing and often bizarre. The research includes findings by economists, sociologists, art historians, lawyers, academics and practitioners, all of which yield insights into the mechanics and peculiarities of the art business and explain why it works so differently from other markets. However, this book will be of interest not only to academics, but to everyone interested in questions of authenticity, forgery and connoisseurship. At the same time, one of its main aims is to advocate best practices in the art market and to stress the importance of cooperation among all disciplines with a stake in it. The results are intended to offer guidance to art market stakeholders, legal practitioners and art historians alike, while also promoting mutual understanding and cooperation.
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  • 66
    ISBN: 9783031196676
    Language: English
    Pages: 1 Online-Ressource(XXI, 237 p.)
    Edition: 1st ed. 2023.
    Series Statement: Data Science, Machine Intelligence, and Law 2
    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. ; Artificial intelligence. ; Administrative law. ; Information technology ; Mass media
    Abstract: 1. Introduction -- 2. The Promise and Perils of AI and ML in Public Administration -- 3.The Regulatory Framework in Overview -- 4. Privacy Issues: Processing Personal Data, Monitoring, and Profiling Citizens -- 5. Delegation of Administrative Powers to AI Systems -- 6. Due Process, Fair Trial, Transparency, and Explainability -- 7. Fairness and Equal Treatment -- 8. Safety and Security -- 9. Accountability and Liability -- 10. Intellectual Property Rights and Data Ownership -- 11. Final Conclusions and Recommendations.
    Abstract: This book gives a comprehensive overview of the state of Artificial Intelligence (AI), especially machine learning (ML) applications in public service delivery in Estonia, discussing the manifold ethical and legal issues that arise under both European and Estonian law. Final conclusions and recommendations set out and analyze various policy options for the public sector, taking into account recent developments at the European level – such as the AIA proposal – as well as the experience of countries that have issued principles and guidelines or even laws for the use of ML in the public sector. “For two reasons, this study is relevant not only for an audience which is interested in Estonian administrative law. First, the authors base their legal analysis primarily on EU law and provide a state of the art-analysis of the relevant secondary legislation. This makes the book a reference text for the European debate on public sector AI governance. Second, this study is part of a larger research project in which four specific use cases of public sector AI have been developed and tested. The practical insights gained in these projects have provided the authors with an excellent understanding of the opportunities and risks of the technology, which distinguishes this legal analysis from similar enterprises.” Excerpt from the foreword by Professor Thomas Wischmeyer (University of Bielefeld) .
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  • 67
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031104732
    Language: English
    Pages: 1 Online-Ressource(VI, 423 p. 23 illus., 22 illus. in color.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; Trade regulation. ; Law and economics. ; Private international law. ; Conflict of laws. ; Comparative law.
    Abstract: General Introduction. State and Enterprise in the Global Market by Maria Rosaria Mauro and Federico Pernazza -- Part I – State versus Enterprise: The national security clauses in international economic agreements: a loophole for States to escape their obligations? by Saverio Di Benedetto -- The US Regulation of Foreign Direct Investments by Andrea Guaccero -- Golden Powers in Strategic Sectors: A European Perspective by Gianluca Scarchillo -- The PRC Regulation of Foreign Direct Investment by Enrico Toti -- Part II – State as Enterprise/Enterprise as State: Management of Public Economic Entities: Fair, Accountable and Controlled by Guy Horsmans and Guillaume Horsmans -- The Role of State-Owned Enterprises in the Economic Transnational Relations by Federico Pernazza -- The Emergence of Sovereign Wealth Funds as New ‘Foreign Investors’: Problems and Perspectives by Maria Rosaria Mauro -- Sustainable Procurement: The Active Role of the State in Building a Sustainable and Inclusive Economic Growth by Barbara De Donno and Livia Ventura -- Part III – Enterprise v. State: The Relationship between a Host State and a Foreign Corporate Investor. A Few Remarks under International and EU Law by Pia Acconci -- Antitrust Law in Digital Markets by Gianluca Contaldi -- Clip Their Wings! Developments in the “Fight” Against Vulture Funds by Domenico Pauciulo -- When the Protection of Private Investors Prevails on the Interest of the Host State (or almost so): The Perenco v. Ecuador Case by Martina Di Lollo -- Part IV – State and Enterprise in State Capitalist Economies: Emerging Rules on Fair Trade and Reform of State-owned Enterprises in China by Qingjiang Kong -- White Stains of State Support Measures for Small and Medium-Sized Businesses in Russia by Kseniya Tyurenkova -- Reflections on Foreign Investment and the New Subjects on the Cuban Economy by Freddy Andrés Hung Gil -- Part V – Conclusion: Final Remarks by Diego Corapi.
    Abstract: This book addresses the regulation of the State/Enterprise relationship in the framework of international economic context. It analyzes this relationship from the discrete perspectives of conflict, cooperation, and integration in contributions by authors representing a diverse range of legal cultures and political backgrounds. The topic is investigated following three approaches: • State versus Enterprise (the State which bans, restricts, or regulates the activities of Enterprises, both domestic and foreign); • Enterprise versus State (the Enterprises, main actors of commercial, industrial or financial initiatives, which may directly or indirectly affect the legal and economic structure of the State); • State as Enterprise and Enterprise as State (public Enterprises under political control that pursue geopolitical goals, and Enterprises that rely on the political, financial, and strategic support of the State for their business expansion). Furthermore, the volume includes a special focus on the relationship State/Enterprise in non-capitalist economies (China, Russia, and Cuba). .
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  • 68
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    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031137532
    Language: English
    Pages: 1 Online-Ressource(XIII, 343 p. 2 illus.)
    Edition: 1st ed. 2023.
    Series Statement: AIDA Europe Research Series on Insurance Law and Regulation 7
    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. ; Civil rights. ; European communities. ; Medical laws and legislation. ; Public health.
    Abstract: .-Insurance Developments in the Light of the Occurrence of the COVID-19 Pandemic.-Understanding Parametric Insurance: A Potential Tool to Help Manage Pandemic -- Business Interruption Insurance and COVID-19: A Critical Analysis of the Jurisprudence and the Response of the Spanish Insurance Sector -- COVID-19 and Business Interruption Coverage in the U.S.: an Example of Judicial Regulation -- American Exceptionalism: The COVID-19 Insurance Experience -- Business as (Un-) Usual. The Evolution of German Insurance Law and Especially Insurance Supervisory Law in the Time of COVID-19 -- Impact of COVID-19 on the Latin American Insurance and Reinsurance Market -- COVID-19 Treatment Refusal: Medical Liability Insurance in Greece in light of the Oviedo Convention -- The Influence of COVID-19 on Life insurance. Polish Market Perspective -- Impact of COVID-19 on Travel and Health Insurance -- The Impact of the COVID-19 Pandemic on the Sports Industry and Sports Insurance. Case of Novak Djokovic and Australian Open Tennis Tournament 2022 -- Directors & Officers Insurance and COVID-19: Future Exclusions with Retroactive Application.
    Abstract: This book offers a novel study on the impact of the Covid-19 pandemic on insurance from an international and comparative perspective. It assesses how insurance has to adapt to a new landscape, the effects of which will last over time and cut across all areas of the field. To avoid physical contact, digitalisation has accelerated dramatically, affecting insurance in all its phases: risk selection, underwriting, pricing and claims settlement. However, the effects of the Covid-19 pandemic go far beyond that. The extent to which a claim caused directly or indirectly by the virus is or is not covered by a given policy has been the subject of debate in many insurance branches. The most litigated cases worldwide are those that concern damages resulting from business interruption due to restrictions enforced by the authorities in virtually every country. This book analyses the rulings (for and against the insured) that have already been handed down by courts in various jurisdictions (for example in the US, Latin America, Spain and Germany), in order to provide guidance to the parties in future lawsuits and also to guide the courts’ own responses. This analysis extends to the measures that governments have taken in relation to insurance during the pandemic, as well as the changes that insurers have introduced in their general conditions to exclude coverage for the pandemic. This response is unsatisfactory, as the big question is how pandemic-related risks can be covered if private insurers simply refuse to do so. Solutions based on risk sharing with public entities or the use of contractual modalities such as parametric insurance are among those outlined by the authors. The book was written by experts from academia and lawyers specialising in this field, and written for all those interested in the field of insurance: lawyers, judges, academics and legal professionals.
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  • 69
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    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789811977053
    Language: English
    Pages: 1 Online-Ressource(XXXV, 354 p. 3 illus., 2 illus. in color.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law—Philosophy. ; Law—History. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Administrative law. ; Public law . ; Law ; Law
    Abstract: Response of Administrative Law to Climate Change -- Research on Low-carbon Administrative Procedures -- Research on Low-carbon Administrative Entity -- Research on Low-carbon Administrative Procedures -- Improving the Administrative Legislation for Low-carbon Regulation -- Improving the Administrative Licensing for Low-carbon Regulation -- Administrative Guidance for Innovative Low-carbon Regulation -- Application and Development of Administrative Penalties in Low-carbon Field -- Application and Development of Administrative Enforcement in Low-carbon Field -- Strengthening the Management of Carbon Information Disclosure -- Low-carbon Administrative Liabilities and Construction of Its Investigation Mechanism.
    Abstract: This book puts forward new thinking on how the theory and system of China's administrative law can meet the requirements of the low-carbon era based on the 25-year (1990-2015) development of China’s administrative law in addressing climate change. With the basic content and structure of administrative law as the analytical framework and from the two dimensions of restraining the government's own activities to meet low-carbon requirements and prompting the government to effectively perform the new function of implementing low-carbon regulations, this book systematically studies the due changes and developments of theories and systems such as the basic principles of administrative law, administrative entities, administrative actions, administrative processes and administration liabilities. The purpose of writing this book is to explore and answer the vital role of China’s administrative law in coping with climate change as well as the development of theories and systems of China's administrative law to comply with the new requirements proposed by the government administration in the low-carbon era. This book is the world’s first legal monograph devoted to low-carbon administration in China in the field of administrative law, with novel, prospective and pertinent viewpoints, unique analysis, rich content and detailed information. The study involves cross-disciplinary research in the field of environmental protection, environmental law and administrative law. The book is also a window for the development of China’s administrative law, especially the overall development of low-carbon administration in China. The publication of this book can provide a necessary theoretical basis for follow-up in-depth research on this topic from both China’s and international legal circles as well as related multidisciplinary researchers and provide a substantive reference for worldwide practical circles to make relevant decisions.
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  • 70
    ISBN: 9789811994623
    Language: English
    Pages: 1 Online-Ressource(VIII, 154 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Issues in Space
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Aeronautics—Law and legislation. ; Law of the sea. ; International law. ; International relations. ; Security, International. ; Space. ; Personnel management. ; Clinical health psychology. ; Aeronautics
    Abstract: 1. Returning Humans to the Moon (Stacey Henderson, Melissa de Zwart) -- 2. Optimising Mission Success: A Holistic Approach to Selecting the Best People to Travel to Space (Melissa Oxlad, Sharni Whitburn, Adam James Carter) -- 3. Clear Thinking in Deep Space: A Guide by Cognitive Scientists (Anastasia Ejova, Rachel A Searston, Rachel Stephens, Carolyn Semmler) -- 4. The Challenges and Opportunities of Human-Robot Interaction for Deep Space Habitation (Anna Ma-Wyatt, Justin Fidock, Jessica O’Reilly, Heidi Long, John Culton) -- 5. Legal and Ethical Planetary Protection Frameworks for Crewed Missions (Melissa de Zwart, Stacey Henderson, Rachel Neef) -- 6. Moon Resources and a Proposition for Supply Chains (Manuel Varon Hoyos, Nigel J Cook, Volker Hessel) -- 7. CSR/ESG in Commercial Space Operations and the Artemis Accords (Francesco de Zwart, Stacey Henderson, John Culton) -- 8. Back to the Moon: Cooperation and Conflict (Marco Aliberti, Vinicuis Guedes Gonçalves de Olivera, Rodrigo Praino).
    Abstract: This book takes a unique interdisciplinary approach to the planned return of humans to the Moon. With the Artemis Project, the US and its partners have planned an ambitious project with the creation of the Lunar Gateway, to be followed by the landing of the first woman and next man on the Moon. This book explains that the Artemis project then forms the basis of planned sustained human missions to Mars. Russia and China have also announced their intentions to establish a permanent base on the Moon and have commenced the deployment of modules which will form part of this project. This book states that whilst there has been a permanent human presence in Low Earth Orbit since 2000, with the continued crew rotation on the International Space Station, perhaps the most successful international collaboration of modern times, the establishment of a base on the Moon will generate new challenges for human survival and success. The continued human presence on the space station has provided an incredible opportunity to observe and study the effect of being in space upon the human body and the human psyche. In addition, this book explores that it has provided the scope and context for a vast range of scientific experiments. Now that it has become likely that more humans will need to live and work in space for sustained periods of time, it is essential that we consider matters beyond the engineering questions of how we go to space to the broader questions of how we will live there? What will we need? What will the effects of sustained living in space be for us, emotionally, cognitively, physically and how do we need to consider the impact we will have on the environment to which we are travelling. This book is unique in that, not only does it bring together a diverse yet complementary set of expertise, but it also consciously brings those different experts together in jointly authored chapters, mirroring the way we will have to work together as teams of diverse experts in space. It creates interwoven chapters co-written by various teams of psychologists, lawyers, engineers, regulators, policy experts, architects and cultural studies experts. This book will enable the fielding and addressing of the difficult questions that need to be considered before space habitation may be a successful and sustained mode of existence. This book fills a gap in the area of space studies which tends to focus on narrow, discipline specific issues. It provides a thought-provoking launchpad for further work in this area and above all, stresses the needs of the human in a hostile environment. .
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  • 71
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    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789811991073
    Language: English
    Pages: 1 Online-Ressource(VII, 559 p. 5 illus., 1 illus. in color.)
    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. ; Social legislation. ; Commercial law.
    Abstract: Formation of the Intermediate field Between Contract Law and Tort Law -- Legal Regulation in Pre-contractual Stage -- Legal Regulation in the Intermediate field During the Performance of Contract -- Legal Regulation of Act of Courtesy -- Systematization of Legal Regulation in the Intermediate field Between Contract Law and Tort Law.
    URL: Cover
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  • 72
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    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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  • 73
    ISBN: 9783031141058
    Language: English
    Pages: 1 Online-Ressource (XVII, 314 p. 142 illus.)
    Edition: 1st ed. 2023.
    Series Statement: LCF Studies in Commercial and Financial Law 1
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als Quo vadis commercial contract?
    RVK:
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Trade regulation. ; Commercial law.
    Abstract: Preface -- Supply chain laws update – Ethics in global commerce through contract and regulation. An introduction -- Part 1: Law and technology -- The role of the Court of Justice of the European Union on the interpretation of platform operators and business users contracts -- Freedom to contract and democracy in the age of blockchain and smart contract -- Part 2: sustainability in commercial contracts -- Eco-reasonableness. Possibilities of incorporating green principles into general private law Clauses -- Right to cure – the odd one out? The CISG's remedial scheme and the circular economy -- From “green bond principles” to “green bond clauses”: mitigating greenwashing through contract law -- Part 3 : Supervening events and contractual ethics -- The Consequences of Brexit for Regulatory Competition and the Approximation of Commercial Law -- A new approach to contracts breached by COVID-19 -- Hong Kong Insurance Industry in Response to COVID-19 -- Uniformity or Diversity of the Concept of Good Faith under the CISG and UAE Law -- The Erosion of Contractual Freedom in Commercial Contracts. A Belgian case-study -- Inequality of Bargaining Power and Arbitration: The Tale of Uber.
    Abstract: This proceedings volume combines chapters derived from papers presented at the 4th and 5th Annual Conferences on the Future of the Commercial Contract in Scholarship and Law Reform. This ongoing research project brings together scholars from all over the world at an annual international conference in London. The book focusses on technology in commercial contract law as well as on sustainability in commercial contracts. The latter theme was inspired by the United Nations' climate conference that was to take place in Glasgow in the United Kingdom that same year. The book combines topical current issues in commercial contract law and practice organized in three parts. The first part contains contributions to the area of law and technology. The second part of the book expands on aspects of sustainability understood as environmental reasonableness in the context of commercial contracts. The third part includes several chapters on the topics of supervening events and contractual ethics. This book is therefore part of a coherent line of contributions to the furthering of modern contract theory. The choice of topics is closely following current issues of legal policy and contract practice.
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  • 74
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    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819925056
    Language: English
    Pages: 1 Online-Ressource(XV, 345 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Understanding China
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law—Philosophy. ; Law—History. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Law. ; Law ; Law
    Abstract: What Is Law -- Legal System -- Source and System of Law -- Operation of Law in Modern Society -- Functions and Limits of Law -- Constitution -- Criminal Law -- Administrative Law -- Civil Law -- Commercial Law -- Intellectual Property Law -- Economic Law -- Environmental and Resource Protection Law -- Procedural Law.
    Abstract: This book delivers a comprehensive, insightful, and updated analytic description of contemporary Chinese legal system. From a macro perspective, it presents, both theoretically and empirically, the evolution of Chinese law, describing its distinctive features, comparing it with other experiences across the world, and exploring the influence of economic, social, cultural, and technological factors thereon. From a micro perspective, based on the latest laws and regulations so promulgated and relevant research, this book briefly summarizes the basic theories and knowledge of existing law in the PRC, including the Constitution, civil law, criminal law, administrative law, procedural law, intellectual property law, economic law, etc. With this book, not only law students, lawyers, and those who have a background in Chinese law but also general readers can catch a penetrating glimpse into the fast-changing Chinese legal system.
    URL: Cover
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  • 75
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    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Palgrave Macmillan
    ISBN: 9789811963940
    Language: English
    Pages: 1 Online-Ressource(XXV, 608 p. 2 illus., 1 illus. in color.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Aeronautics—Law and legislation. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law). ; International relations. ; Law of the sea. ; International law. ; Private international law. ; Conflict of laws. ; Comparative law. ; Aeronautics
    Abstract: Chapter 1: Introduction -- Chapter 2: The Defaulting State and the Jurisdiction of Annex VII Arbitral Tribunals -- Chapter 3: The Defaulting State and Fact-finding in the South China Sea Arbitration -- Chapter 4: The Defaulting State and the Experts in the South China Sea Arbitration -- Chapter 5: The Defaulting State, the Appointing Authority, and the Judges In the South China Sea Arbitration -- Chapter 6: Summary and Conclusions.
    Abstract: This book focuses on the legal and procedural problems caused by China’s default in the South China Sea Arbitration. Many of these problems arose because in several respects, China departed from the conduct of other defaulting States in cases before the International Court of Justice. The book argues that the Tribunal, confronted with the difficulties of maintaining the balance between two parties in a situation of default, drew on the full range of its powers to ensure that neither China nor the Philippines would suffer from China’s default. Further, the book describes the shortcomings of the submissions of putative amicus curiae. It refutes China’s questioning of the independence and impartiality of the experts and of the judges. In so doing, it explains the expert opinions and the Tribunal ’s assessments of the latter in the areas of satellite imagery, coral reef ecology, and navigational safety, while rebutting the half- truths and counter-truths disseminated by Chinese scholars about the proceedings. The book compares China’s threats to the independence of the Tribunal to its behavior towards Chinese judges. It places China’s accusations of bias against the Tribunal in the context of China’s domestic situation, and concludes that the Tribunal, acting independently and impartially, was able to perform the judicial function, despite China’s default. Alfredo C. Robles Jr. is a University Fellow at De La Salle University, Philippines. He holds doctorate degrees from the Université Paris 1 (Panthéon-Sorbonne), and Syracuse University. He is the author of French Theories of Regulation and Conceptions of the International Division of Labour (1994), The Political Economy of Interregional Relations: ASEAN and the EU (2004), The Asia-Europe Meeting: The Theory and Practice of Interregionalism (2008), The South China Sea Arbitration: Understanding the Awards and Debating with China (2018), Endangered Species and Fragile Ecosystems in the South China Sea: The Philippines v. China Arbitration (2020), and Vessel Collisions in the Law of the Sea: The South China Sea Arbitration (2022).
    URL: Cover
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  • 76
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    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789811995972
    Language: English
    Pages: 1 Online-Ressource(VIII, 361 p. 3 illus., 1 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Research Series on the Chinese Dream and China’s Development Path
    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. ; Public law .
    Abstract: Chapter 1: The Rule of Law in China: the Situation in 2017 and the Prospect in 2018 -- Chapter 2: Development of Court Informatization in China: the Situation in 2017 and the Prospect in 2018 -- Chapter 3: Report on the Index of Legislative Transparency in China (2018) -- Chapter 4: Report on the Index of Government Transparency in China (2017) -- Chapter 5: Report on the Index of Judicial Transparency in China (2017) -- Chapter 6: Third-party Assessment Report on Court Informatization in China (2017) -- Chapter 7: Report on the Index of Procuratorial Transparency in China (2017) -- Chapter 8: Report on the Index of Transparency of Police Affairs in China (2017) -- Chapter 9: Report on the Index of Maritime Judicial Transparency in China (2017) -- Chapter 10: The Protection of the Rights of the Child in China: Current Situation and the Third-party Assessment Index System.
    Abstract: This book reviews and assesses the status quo concerning the rule of law in China in 2017 and predicts its future development in such fields as legislation, judicial reform, civil, commercial and economic law, social law, safeguarding of human rights, criminality, Internet finance, the securities market, pilot free trade zones, administrative public interest litigation, regulation of investment management business, and AI. The book consists of a series of reports on the assessment of rule of law carried out by the Innovation Project Team on the Rule of Law Index at the Institute of Law, Chinese Academy of Social Sciences. Drawing on data from web portals and using the methods of browsing websites and verifying results through phone calls, the book includes assessment reports on the government transparency of 54 departments under the State Council and the governments of 31 provinces (autonomous regions and municipalities directly under the Central Government), 49 larger cities, and 100 counties (cities and districts). In addition, reports are provided on the judicial transparency of the Supreme People’s Court, 31 higher people’s courts, and the intermediate people’s courts of 49 larger cities, the procuratorial transparency of the Supreme People’s Procuratorate and people’s procuratorates of 31 provinces (autonomous regions and municipalities directly under the Central Government) and 49 larger cities, as well as the maritime judicial transparency of 10 maritime courts in the country. The book also includes reports on disclosure of information and transparency in the public security organs of four municipalities directly under the Central Government and 27 provincial (autonomous regional) capitals. Given its scope, the book offers a valuable asset for legal scholars, lawyers, judges, prosecutors, graduate and undergraduate students, and all those who are interested in Chinese law and the country’s rule of law index.
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  • 77
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    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031313394
    Language: English
    Pages: 1 Online-Ressource(XVII, 224 p. 3 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Studies in European Economic Law and Regulation 25
    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. ; Commercial law. ; European Economic Community. ; International law. ; Trade regulation. ; Information technology ; Mass media
    Abstract: Chapter 1 -- Introduction. Chapter 2 -- Competition Law, Economics and the 'More Economic Approach' – the Necessity of a Broader Perspective. Chapter 3 -- Effects and Article 101 TFEU. Chapter 4 -- Effects and Article 102 TFEU. Chapter 5 -- Particularities of the Digital Economy. Chapter 6 -- Competition Cases in the Digital Economy. Chapter 7 -- Conclusions.
    Abstract: This book offers an in-depth legal analysis concerning the notion of restrictions of competition, be it by object restrictions according to Article 101 TFEU or prima facie abusive practices treated according to the form-based approach under Article 102 TFEU. Although extensive research has been conducted on the notion of object infringements of competition, there is no systematic review of this topic covering both competition provisions, namely Articles 101 and 102 TFEU. This book fills that gap by providing an extensive analysis of the relevant case law, while also covering new phenomena stemming from the digital revolution and its impact on the functioning of traditional markets. In this regard, particular attention is paid to the concept of prima facie infringements and the analysis necessary for their successful establishment. Object restrictions and object abuses are not infringements per se in the sense that they can be established in the abstract and without consideration of the actual legal and economic context (context analysis) within which a measure is implemented. Hence, the indispensable context analysis is informed by the potential economic effects of a given measure. Examining the changes regarding the economic reality and how markets work in the digital economy, this book makes a valuable contribution to the current debate about whether our competition law toolkit is fit and proper to deal with the challenges posed by digitalization. The author argues that while there is a coherent framework covering both Treaty competition provisions as regards object restrictions of competition, the increased use of an actual effect analysis and thus the concept of a restriction of competition by effect represents an underestimated (and underused) weapon for combating measures that are ambivalent from a competition law perspective as regards their (anticompetitive or non-detrimental) nature in a digital economy.
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  • 78
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    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819939350
    Language: English
    Pages: 1 Online-Ressource(XV, 439 pages)
    Edition: 1st ed.
    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. ; Data protection. ; Mass media ; Information technology
    Abstract: Chapter 1. The New Digital Economy & Cross Border Data Flows Definition Personal Data. Chapter 2. Consent (adult-children) -- Chapter 3. Data Localisation & Storage Limitation -- Chapter 4. Controller, Processor, Data Protection Officer -- Chapter 5. Right to be Forgotten(deletion) -- Chapter 6. Cross Border Transfer -- Chapter 7. Impact Assessments -- Chapter 8. Data Portability -- Chapter 9. Breaches & Penalties -- Chapter 10. Cyber Security - Law -- Chapter 11. Cross Border Data Agreements & Conclusions. .
    Abstract: The book has been authored by a highly regarded international legal scholar in commercial and private law. The book highlights how the legal landscape for in data protection, cross-border data flows and cybersecurity law is highly diverse and fragmented amongst all commonwealth countries. The book focuses on addressing the gaps in data, cybersecurity and national arbitration law of these countries. The aim of this book is to promote more engagement between commonwealth countries, to ensure they capitalise on the growing digital economy. Notwithstanding the above, the digital economy is rapidly changing the way we work and live. When coupled together cybersecurity and data law will be an important component of the future digital economy. They will both be integral to transnational trade and investment. That said, there will likely be disputes, and international arbitration can be an effective legal mechanism to resolve trade and investment disputes across the digital economy. On that basis, this book augments how the respective laws of commonwealth countries, along with the model data and cyber laws of the Commonwealth should be reviewed to minimise any legal divergence. This book provides a comparison and practical guide for academics, students, and the business community of the current day data protection laws and cross-border data flows among all commonwealth countries. .
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  • 79
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore
    ISBN: 9789819930135
    Language: English
    Pages: 1 Online-Ressource (XXI, 185 Seiten) , Karten
    Edition: 2nd edition
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
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    Keywords: Aeronautics—Law and legislation. ; Japan—History. ; Asia—History. ; International relations—History. ; Law of the sea. ; International law. ; International relations. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law). ; International relations ; Aeronautics ; Japan ; Asia
    Abstract: Chapter 1.Development of Japan’s Territory -- Chapter 2.The Northern Territories (Kunashiri Island, Etorofu Island, Habomai Islands, and Shikotan Island) -- Chapter 3.The Senkaku Islands -- Chapter 4. Takeshima -- Chapter 5. Territorial Sea and Exclusive Economic Zone -- Chapter 6. Exclusive Economic Zones between Japan and the Republic of Korea, and Japan and China -- Chapter 7.A Proposal for Stability and Coexistence in East Asia -- Chapter 8.Territorial Air Space and Air Defense Identification Zones.
    Abstract: This Open Access book carefully examines the legal and historical bases of the territory of Japan as a modern State from the Meiji period to 2002. A new preface summarizes key developments in the situation up through 2022. Japan’s current territory is stipulated by the Potsdam Declaration (1945) and the Treaty of Peace with Japan (1951); it includes the Northern Territories, the Senkaku Islands, and Takeshima. Japan has demanded the return of the Northern Territories, comprising the islands of Etorofu, Kunashiri, Shikotan and Habomai, which are occupied by Russia. China has claimed sovereignty over the Senkaku Islands, which are validly controlled by Japan; Japan has claimed sovereignty over Takeshima, which is occupied by the Republic of Korea. This book analyzes the current status of these territorial topics, drawing on historical documents and international legal precedent, and it suggests peaceful methods to address them. In discussing territorial land, sea, and air space, this work touches upon postwar concepts defining modern international law and relevant rules on these subjects—exclusive economic zones (EEZs), continental shelves, and air defense identification zones (ADIZs)—found in international treaties, such as the United Nations Convention on the Law of the Sea (UNCLOS), and related domestic laws. Kentaro Serita is Professor Emeritus of Kobe University, Japan.
    Note: Open Access
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  • 80
    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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  • 81
    ISBN: 9789819935130
    Language: English
    Pages: 1 Online-Ressource(XXII, 171 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Sustainable Development Goals Series
    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. ; Human rights.
    Abstract: The Nagoya Protocol and International Human Rights Law -- The Principle of Mutual Supportiveness in International Law -- Access -- Benefit-sharing -- Compliance -- Multifaceted Challenges Facing IPLCs and Biodiversity Conservation -- The Complementarity Thesis and its Limitations.
    Abstract: This book studies the questions of how and to what extent the Nagoya Protocol on Access and Benefit-Sharing (ABS) can be interpreted and implemented in light of international human rights law, with a sharpened focus on Indigenous Peoples and local communities. The complementarity thesis is built upon the understanding that ABS and human rights should not and cannot be isolated from one another in order to achieve their respective objectives. A mutually supportive approach to these two bodies of international law is articulated throughout the chapters, covering a wide range of international treaties and ‘soft’ instruments, as well as the practices of the United Nations, international treaty bodies, courts, other international organizations and sometimes NGOs. Legal researchers, legislators and policymakers, human rights practitioners and indeed anyone interested in the development of a more coherent and integrated system of international ABS framework will find this book helpful, with its succinct coverage of current ABS and human rights laws and practices, their pragmatic implications and possible ways of integration forward.
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  • 82
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819937004
    Language: English
    Pages: 1 Online-Ressource(IX, 360 p. 13 illus., 1 illus. in color.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
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    Keywords: International law. ; Humanitarian law.
    Abstract: Introduction -- International Law Pertaining to Syrian Chemical Weapons -- International Humanitarian Law: ad hoc Compliance/non-Compliance Control through ex post Measures -- International Disarmament Law: Systematic and Continuous Compliance/non-Compliance Control based on combined ex ante and ex post measures -- Conclusion -- Appendix.
    Abstract: This is the first book to focus on international efforts to address Syrian chemical weapons issues in an international law context. It provides an overview of the process of control over Syrian compliance/non-compliance with international obligations, including the keys to success in eliminating Syria’s stockpiles and reasons for difficulties in handling multiple uses of toxic chemicals as weapons in domestic armed conflicts. It also addresses collective and unilateral sanctions against Syria outside of international institutional frameworks, and their implications for subsequent cases. Supported by extensive analyses of developments within the OPCW Executive Council and the UN Security Council, this book is recommended for readers seeking insight about chemical weapons issues and dynamism of international law.
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  • 83
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031369896
    Language: English
    Pages: 1 Online-Ressource(XIII, 230 p. 5 illus., 4 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Law for Professionals
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Medical laws and legislation. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Political planning.
    Abstract: 1. Introduction: Vaccine Basics, Balance of Interests, and the Legal Framework -- Part I: Vaccine Regulation and Monitoring -- 2. Regulation and Testing of Vaccines -- 3. Postmarket Vaccine Safety -- 4. Vaccines and Intellectual Property -- 5. Vaccine Injury Compensation in the United States -- 6. Immunization Information Systems -- 7. Vaccine Regulation in Global Comparison -- Part II: Equity and Vaccines -- 8. Funding Vaccinations in the United States -- 9. Vaccine Equity -- 10. Vaccine Access in Global Comparison -- Part III: Individual Decision Making and Vaccines -- 11. Informed Consent -- 12. Adolescent Consent -- 13. Tort Liability for Failure to Vaccinate -- Part IV: Vaccine Mandates -- 14. Introduction to Vaccines Mandates in the United States -- 15. School Vaccine Mandates and Exemptions -- 16. Workplace Vaccine Mandates -- 17. Federal Vaccine Mandates -- 18. Vaccine Mandates in Global Comparison -- 19. Vaccine Passports for Travel -- Part V: Special Contexts -- 20. Military Vaccinations -- 21. Vaccine Policy in Emergency Situations -- 22. Regulating Vaccine Misinformation Online -- Part VI: Policy -- 23. Vaccine Incentives and Health Insurance Surcharges -- 24. Vaccine Advocacy, Politics, and Anti-vaccine Movements.
    Abstract: Vaccine Law and Policy is the first book on vaccine law and policy written specifically for the general public or an educated lay audience without legal background. It offers comprehensive but accessible coverage of key aspects of vaccine law and policy, from product development and intellectual property protections, to regulation, public mandates, and vaccine injury claims. The COVID-19 pandemic sparked a growing interest in learning more about vaccine law and policy, as vaccine development, access, safety and requirements became relevant to hundreds of millions of people worldwide. This book covers United States law in most detail, but the developments and trends described have parallels in many countries, and the United States model and its actions influence others. Some of the most widely used vaccines against COVID-19 - mRNA vaccines – were developed in the United States, and choices made in the United States impact other countries. United States law currently has so much to say about vaccines. From the federal mandate President Biden enacted requiring federal employees to be vaccinated against COVID-19, to the growing number of private employers requiring vaccines to return to work, vaccine law has become a prevalent topic in everyday life. But there is little writing about the legal aspects of vaccines directed at the general public or an educated lay audience without a legal background. Vaccine Law and Policy will not only be invaluable to professionals implementing vaccine law and policy, but also to regulators, public health officials, and scientific researchers. Vaccine Law and Policy covers the wide range of laws and policies that impact the field. These include, among others, regulatory oversight by the FDA, one of the most influential bodies in drug and vaccines regulation worldwide, enforcement, and regulation of the research and development of vaccines; vaccine mandates for children and in the workplace, and medical, religious, and philosophical exemptions to them; patent law and other intellectual property protections such as trademark, trade secret, unfair competition, and copyright law; compensation for vaccine injuries under the National Vaccine Injury Compensation Program (NVICP) and other avenues of liability; safety monitoring; access to vaccines, their promotion, and issues related to funding and costs. The book will also discuss issues related to anti-vaccine movements and vaccine advocacy.
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  • 84
    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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  • 85
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819957088
    Language: English
    Pages: 1 Online-Ressource(XI, 173 p. 6 illus., 5 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: International Law in Asia
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
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    Keywords: International law. ; Nuclear engineering. ; Political planning. ; Law ; Law ; Economics. ; Power resources.
    Abstract: Chapter 1: Introduction -- Chapter 2: Brief History of Nuclear Energy: Lessons on Regulation -- Chapter 3: Revisiting the Energy Option for Future: Prospects & Challenges -- Chapter 4: International Nuclear Law: Scope & Objective -- Chapter 5: Nuclear Safety and Security Regime -- Chapter 6: International Environmental Law Principles and Cases Relevant to Nuclear Energy -- Chapter 7: Nuclear Liability Regime -- Chapter 8: Nuclear Non-Proliferation Regime and Safeguards -- Chapter 9: Legal Gaps in the International Nuclear Laws and Lessons for New Nuclear Energy Producing Countries -- Chapter 10: Conclusion.
    Abstract: This book provides a comprehensive overview of the legal and regulatory framework for the nuclear industry from an Asian perspective. It includes information on the history of nuclear lawmaking, the key international treaties and agreements that govern the use of nuclear energy, the role of national and regional regulatory bodies, and the legal and policy issues that arise in the development and operation of nuclear power plants. The book also covers topics such as nuclear safety, security, waste management, environmental protection, and liability for nuclear accidents. Additionally, it provides insights into the legislative process and the various stakeholders involved in nuclear lawmaking, such as industry, government, and civil society organizations. The overall goal of this book is to provide a detailed and up-to-date understanding of the legal and regulatory framework for the nuclear newcomers, particularly in Asia, and to help readers navigate this complex and dynamic field. The book is also used as a guide for all nuclear energy-producing countries, lawmakers, students, researchers, or even for general readers to understand the perspectives of international nuclear energy law.
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  • 86
    ISBN: 9789811986734
    Language: English
    Pages: 1 Online-Ressource(XVIII, 270 p. 2 illus., 1 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Contemporary Chinese Civil and Commercial Law
    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. ; Civil procedure. ; Commercial law. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law).
    Abstract: Preface (Loïc CADIET) -- Chapter 1. Case management or case elimination? A snapshot from North America (Margaret WOO) -- Chapter 2. Judicial management in Asia (Hanki SOHN) -- Chapter 3. Case management in Europe: a modern approach to civil litigation (C. H. (Remco) van RHEE) -- Chapter 4. New trends and perspectives on case management: proposals on contract procedure and case assignment management (Antonio CABRAL) -- Chapter 5. Towards a new court management? (Emmanuel JEULAND) -- Chapter 6. An approach and general overview to framing the structure of the court system and case management (Álvaro Pérez RAGONE) -- Chapter 7. Court management in transformation (FU Yulin) -- Chapter 8. The history and future of civil judicial case management in China (WANG Fuhua) -- Chapter 9. Specialized justice in the court structure form perspective (CHEN Hanping) -- Chapter 10. Managing claims (John SORABJI) -- Chapter 11. The civil case management in Chinese court, focusing on the time limit for adjudication and adducing evidence (LI Hao).
    Abstract: This book consists of general reports of the International Conference on Judicial Management from Comparative Perspective. This conference held on November 8–10, 2017, at Tianjin University, was organized by China Law Society (CLS) and International Association of Procedural Law Congress (IAPL). The general reporters are prominent scholars who have been selected worldwide by the IAPL Presidium to organize national reporters who shall do researches of his/her own state under the guide of the general reporter’s questionnaire on the specific subject. By this way, the comparative studies are trying to depend on national researches but overcome the general style of “talk past each other.” Moreover, the general reports summarize and give comment on the various system, phenomena or situation from comparative perspective, from which the audience will read their own orientation, doctrines and theories.
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  • 87
    ISBN: 9783031414756
    Language: English
    Pages: 1 Online-Ressource(XXVIII, 237 p.)
    Edition: 1st ed. 2023.
    Series Statement: Springer Studies in Law & Geoeconomics 1
    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). ; Law ; International economic relations.
    Abstract: Balancing Risks: Investment Screening Mechanisms, Essential Security Definitions, and Standards of Evidence -- The Evolving Landscape of Sovereign Wealth Funds in a Changing World Economy: How Resilient are the Santiago Principles? -- Much Ado about Nothing?: State-Owned Enterprises under Foreign Investment Control in the European Union -- Protection or Protectionism? Assessing the EU’s New Investment Screening Measures Against State-Driven Foreign Investment Risks -- The Concept of Security: Brief Genealogy of an Ambiguous Symbol -- Screening FDI In The EU: A Cornerstone of an Economic Security Agenda -- The National Securitization of Foreign Direct Investment: A Strategic Futures Paradigm -- Economic Perspectives on FDI and Investment Screening -- From Principal Openness Towards Reciprocity: Reorienting the Normative Foundation of the EU Investment Screening Practice in Light of Geoeconomic Competition -- Inward FDI Regulation in the UK: Closing the “Open Door”? -- The EU Foreign Subsidies Regulation: The Final Piece of the Regulatory Puzzle to Ensure Competitive Neutrality in Cross-Border M&A? -- Fair Play? The Politics of Evaluating Foreign Subsidies in the European Union.
    Abstract: This highly topical volume presents pioneering research for the purpose of developing a common analytical foundation and framework for the emerging interdisciplinary research field of investment control. Long considered as exceptional measures, restrictions on inward foreign direct investments (FDI) have become ever more common and accepted. This book presents different perspectives on how decision-makers go about the tasks of assessing risks and threats to national security that may be posed by FDI and then balancing those risks and threats against economic interests of parties concerned and society at large.
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  • 88
    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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  • 89
    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
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    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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  • 90
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031464676
    Language: English
    Pages: 1 Online-Ressource(VIII, 129 p.)
    Edition: 1st ed. 2023.
    Series Statement: Ius Gentium: Comparative Perspectives on Law and Justice 110
    Parallel Title: Erscheint auch als
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    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Law ; Law ; Asia ; Philosophy, Chinese.
    Abstract: 1. Introduction -- 2. Methodology -- 3. Similarities.-4. Differences -- 5. Conclusion.
    Abstract: This book explores the historical and legal importance of two principles, Quod Omnes Tangit, and Tianxia Wei Gong, which have played significant roles in European and Chinese political and legal history. While Quod Omnes Tangit has been thoroughly researched, Tianxia Wei Gong has not been systematically examined. This thesis fills this void and connects these two principles for the first time. Quod Omnes Tangit was initially introduced in Justinian's Codex Civil, while Tianxia Wei Gong originated from Liji, one of the books in a key series of works by Confucius. Liji is comparable to the Thora in the Old Testament and is considered as important as law in Chinese legal history. Both principles have undergone comparable developmental processes, with scholars contributing to their reinterpretation. This book thoroughly examines the interpretations of individual scholars, with particular attention given to Liang Qichao, who is the only one to have mentioned both Tianxia Wei Gong and Quod Omnes Tangit. The book also provides an explanation for the original discrepancies in their concepts, particularly their methodologies in distributing and legitimizing rights. This research will be of interest to legal philosophers and historians in both the Western and Eastern worlds, legal practitioners and policymakers, and researchers seeking to explain current events and explore fundamental differences between the East and West.
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  • 91
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031323607
    Language: English
    Pages: 1 Online-Ressource(XIV, 211 p. 3 illus., 2 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Regional Perspectives
    Parallel Title: Erscheint auch als
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    Keywords: Environmental law, International. ; Soil science. ; Environmental Law. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Ecology .
    Abstract: I. GLOBAL FRAMEWORK -- Land-Soil Sustainability and India’s International Obligations -- II. SOIL DEGRADATION IN INDIA -- Soil Degradation in India: Challenge and Response -- Combating Soil Degradation: Policy Relevant Perspectives -- III. EXISTING LEGAL FRAMEWORK -- Soil Protection through Watershed Approaches: A Legal Perspective -- Agriculture Policy, Law and Institutions: Relevance for Soil Degradation -- Forest Policy, Law and Institutions: Relevance for Soil Degradation -- Role of Women in Sustainable Soil Management: Some Legal Issues -- Role of the Community in Sustainable Soil Management: A Legal Perspective -- IV. PERSPECTIVES -- Land Use Planning as a Necessity -- Soil Protection through Watershed Development: A Grassroots Perspective.
    Abstract: This curated book addresses, in the scholarly realm, the problems of soil degradation and provides some practical solutions for them to save soil life. It comprises ten specially invited chapters that address the global soil framework, soil challenges in India, existing policy, law and institutional framework as well as other perspectives. Soil is our biological capital. The soil health is critical for survival of the humans (and other life forms) since almost 95% of our food comes from it. It also has significant potential as a sink for carbon through sequestering. Excessive and inappropriate land use leads to various forms of land degradation that becomes contributing factor for hunger, migration and even wars. There are several multilateral environmental agreements (MEAs) including UN Convention to Combat Desertification (UNCCD) that hold relevance for addressing the global soil problematique. The UNCCD Strategic Framework (2018-2030) has declared desertification/land degradation and drought (DLDD) as “challenges of a global dimension”. As a result, sustainable soil management (SSM) has emerged as an important goal for attaining Sustainable Development Goals 2030 (SDGs 2030). In the backdrop of these globally ordained processes, India appears to be seriously pursuing the Land Degradation Neutrality (LDN) target within the framework of the UNCCD. As a corollary, India has set an ambitious goal of halting any further land degradation by 2030 and rehabilitate at least 30 million hectares of degraded wasteland, forest land and agricultural land. This ideational effort by eminent legal scholars, soil scientists and practitioners aim to promote concerted teaching and research in the field of soil law and governance in the University Faculties of Law, National Law Schools, Institutions of Eminence and other legal and scientific bodies. The ‘seeds sown’ in the soil of knowledge through this effort will, hopefully, provide an impetus for more in-depth research concerning soil law and governance in India and beyond.
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  • 92
    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
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    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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  • 93
    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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  • 94
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789811992551
    Language: English
    Pages: 1 Online-Ressource(IX, 264 p. 14 illus., 11 illus. in color.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Industrial management—Environmental aspects. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Commercial law. ; Industrial management
    Abstract: Overview of the Law on Corporate Social Responsibility -- The Law on Corporate Social Responsibility in the Labour Field -- The Law on Corporate Social Responsibility in the Environment Field -- The Law on Corporate Social Responsibility in the Business Integrity and Anti-Corruption Field -- The Law on Corporate Social Responsibility in the Consumer Protecting Field.
    Abstract: This book examines the law and its development trends in the area of corporate social responsibility (CSR) in Vietnam. It is an important reference in implementing the requirements of CPTPP and EVFTA in Vietnam, and it is also very important in improving the legal framework in Vietnam to comply with international standards, especially in the areas of labor, environment and consumer protection, and in raising awareness of CSR among Vietnamese companies. Many articles in this book analyze and assess the legal status of CSR, thus providing a number of constructive suggestions for improving the relevant laws in Vietnam. Corporate social responsibility is not only the contribution of corporate philanthropy to society, but also the compliance of companies with international standards and national laws in the fields of labor, environment, investment, labor security, social security, etc. Against the backdrop of Vietnam's growing international integration, the requirement of corporate social responsibility has been, and continues to be, paramount in business activities. It is not only a need at the enterprise level, but is also related to the internationalization of international standards and the improvement of national laws on CSR.
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  • 95
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031254529
    Language: English
    Pages: 1 Online-Ressource(VI, 167 p. 1 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. ; Contracts. ; Common law. ; Civil law. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law).
    Abstract: 1. Introduction and Methodology -- 2. Gain-based Remedies for Breach of Contract in General -- 3. Finding Gain-based Remedies under the Compensatory Principles -- 4. Finding Gain-Based Remedies under Restitutionary Principles -- 5. Summary and Conclusions -- 6. Bibliography. .
    Abstract: This book focuses on an emerging problem in English contract law: what should be done when a party has been unjustly enriched as the result of a breach of contract but there is no measurable loss suffered by said party? Two rulings are at the heart of the book: Wrotham Park Estate v Parkside Homes and Attorney-General v Blake. These two cases can be said to have established gain-based remedies in English contract law. However, the principles that underpin these remedies are not entirely clear and are subject to debate. This book analyses these principles through the lens of compensatory and restitutionary approaches. Moreover, it applies a comparative analysis of these approaches through the lens of the civil law jurisdiction in Poland. Since the term ‘compensation’ is not a universal concept, the book distinguishes between two rationales in the compensatory analysis. The first, reparative compensation, is defined as a form of monetary recompense for loss or damage actually suffered. The second, substitutive compensation, represents a monetary equivalent to a right that a person has been deprived of or denied. Both rationales require the application of a broad notion of loss in order to make gain-based remedies workable in both English and Polish law. In contrast, ‘restitution’ states that a person cannot be permitted to profit from their own wrongdoing. Based on this principle, the book argues that gain-based remedies could be applied under Polish law through the rules of unjust enrichment. However, in order to do so, a broader understanding of the subtraction prerequisite (the enrichment being at the aggrieved party’s expense) would have to be adopted. The book concludes that unjust enrichment is a more natural way of implementing gain-based remedies in civil law jurisdictions.
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  • 96
    ISBN: 9783031136078
    Language: English
    Pages: 1 Online-Ressource(XIV, 250 p. 3 illus.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Aeronautics—Law and legislation. ; Human rights. ; Law and the social sciences. ; Law of the sea. ; International law. ; Aeronautics
    Abstract: As an Introduction: The Term ‘Frontier’ and Kindred Concepts -- Part I. Theory, Law & Cases -- The Emergence of Frontier as a Concept: Classical Theoretical Approaches and Territorial Differences -- Maritime Territorialization and Governance: Geopolitical and Legal Issues Concerning Delimitation of Extended Continental Shelves in the Caribbean Sea and the Arctic Ocean -- Borders in Airspace and Outer Space -- Cyberspace: A New Frontier -- International Watercourses: Between the Division and the Border Unit -- Part II. Cases, Theory & Law -- Borders, Migration and Human Rights: Case of The United States and Mexico -- Schengen Area: Reflections on the European Border Crisis -- Colombian-Venezuelan land border relationship: Human Rights Vulnerability and geopolitical context -- The Injury of Sovereignty in Ecuador in The Management of the Debt Crisis: The Role of IMF -- As a Conclusion: The New Relevance of the Old Frontier.
    Abstract: This book focuses on current frontier-related issues such as humanitarian crises, economic crises, discrimination of migrants in certain countries, different typologies of borders such as land, maritime, air, space, and even cyberspace borders, and environmental protection of water resources at borders. It addresses legal and theoretical considerations and presents empirical cases showing the manifestations of the concept in the real world and its dynamics. Without claiming to exhaust the debate on frontiers, especially given the breadth of the subject and the large number of viewpoints from which the phenomenon can be examined, this book intends to be a helpful source of insights for academics, university students, and others who wish to explore the complex and multifaceted worlds that emerge, particularly in a globalized society, from the interaction between the various actors and scenarios that shape the reality of frontiers.
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  • 97
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031253409
    Language: English
    Pages: 1 Online-Ressource(V, 99 p. 39 illus., 38 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. ; Law of the sea. ; International law. ; Solar system. ; Popular Culture. ; Aeronautics
    Abstract: 1. Mexican Mars: Narrating Spatial Futures from the Margins -- 2. Jellyfish from Outer Space -- 3. Space travel: Human Cosmic Hitchhiker Concept -- 4. AFRICA: Home of Space Art and Indigenous Astronomy.
    Abstract: 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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  • 98
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789811945106
    Language: English
    Pages: 1 Online-Ressource(XXVII, 329 p. 2 illus.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
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    Parallel Title: Erscheint auch als Liang, Zhiping A study of legal tradition of China from a culture perspective
    Keywords: Law—Philosophy. ; Law—History. ; China—History. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Law ; Law ; China ; Asian history ; Asiatische Geschichte ; HISTORY / Asia / China ; International law ; Internationales Recht ; Jurisprudence & philosophy of law ; LAW / International ; LAW / Reference ; Rechtsmethodik, Rechtstheorie und Rechtsphilosophie ; Rechtsvergleichung ; China
    Abstract: Family and Country -- Punishment and Law -- The Method of Controlling Disorder -- "Fajing" and the Law of the Twelve Tables -- Personal -- Class -- The Distinction of Morality and Interests -- No-lawsuit -- The Ethical and Legal Culture -- Li and Law: the Legalization of Moral -- Li and Law: the Moralization of Law -- Natural Law -- The Turning Point: the Past and the Future.
    Abstract: Professor Zhiping Liang offers a new understanding of Chinese legal tradition in this profoundly influential book. Unlike the available literature using the usual method of legal history research, this book attempts to illustrate ancient Chinese legal tradition through cultural interpretation. The author holds that both the concept and practice of law are meaningful cultural symbols. The law reveals not only the life pattern in a specific time and space but also the world of the mind of a specific group of people. Therefore, just as cultures have different types, laws embedded in different societies and cultures also have different characters and spirits. Believing that human experience is often condensed into concepts, categories, and classifications, the author begins his discussion with the analysis of relevant terms and then seeks to understand history by interpreting the interaction and interconnectedness of the words, ideas, and practices. Based on the same understanding, the author uses modern concepts reflectively and critically, consciously exploiting the differences between ancient and contemporary Chinese and Western concepts to achieve a more realistic understanding of history while avoiding the ethnocentrism and modern-centrism common in historical studies.
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  • 99
    ISBN: 9783031294327
    Language: English
    Pages: 1 Online-Ressource(XII, 216 p.)
    Edition: 1st ed. 2023.
    Series Statement: Balkan Yearbook of European and International Law 2022
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law—Europe. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Domestic relations. ; Law
    Abstract: 1. Portugal and Iceland: Foreign policy constructed by smallness? -- 2. Portugal, the European Union and Shelter Theory -- 3. A Reluctant European: Iceland and European integration -- 4. Portugal and NATO: enduring alliance or necessary shelter? -- 5. The Small State and the Superpower: Iceland’s Relations with the United States -- 6. Iceland´s Relations with the Nordic States -- 7. Portugal’s contemporary relations with Africa: a limited shelter? -- 8. Sino-Icelandic Relations -- 9. The many shades of shelter: Portugal and Iceland´s quest for political, economic and societal shelter.
    Abstract: The fourth volume of the Balkan Yearbook of European and International Law (BYEIL) presents nine new articles offering scholarly insights into a variety of legal issues, with a special focus on the countries of Southeast Europe. All six articles in the special section reflect the authors’ efforts to untangle difficult questions concerning family property in private international law. Addressing a range of topics, leading national experts in the respective areas discuss Bosnian and Herzegovinian, Croatian, Greek, Lithuanian and Turkish law. In turn, the general sections on European law and international law include three articles on diverse topics in private and public law, from a fresh take on the legal and practical effects of Brexit over EUTMs, and the legal nature of cryptocurrencies in different jurisdictions, to difficulties establishing the rule of law in Bosnia and Herzegovina.
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  • 100
    ISBN: 9789819915569
    Language: English
    Pages: 1 Online-Ressource(XX, 215 p. 34 illus., 4 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Kobe University Monograph Series in Social Science Research
    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. ; Development economics. ; Civil law. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law).
    Abstract: Foreign Direct Investment Inflow and Investment Climate in ASEAN Least Developed Countries -- Policy Choices in the Economic Law Reforms of ASEAN Emerging Economies: A Comparative Perspective -- Comparative Approach to ASEAN Competition Policy and Law -- Characteristics of Labour Dispute Resolution in the Four ASEAN Least Developed Countries -- Dispute Resolution Systems in Vietnam: A Typical Example of the Southeast Asian Way- Asset Preservation Procedures and Compulsory Execution as the Basic Framework for Debt Recovery in the ASEAN Least Developed Countries: An Interim Report on the Law and Economic Development -- Status of the Reform of Laos’ Real Property System and a Perspective on Legal Development Support: A Fundamental Consideration of Phases 1 and 2 of the Lao Land Titling Project -- Foreign Direct Investment and Inflow Climate in Laos by Industry.
    Abstract: This book reviews the periodic changes in the legal policies of the late-developing ASEAN countries, often known as the CLMV countries (Cambodia, Laos, Myanmar, and Vietnam), in their continuous path toward globalization after the collapse of the socialist bloc. The book also identifies the characteristics of the legal reforms in their present stage guided by the common framework under the ASEAN Economic Community (AEC) moving toward 2025. The first stage is illustrated by the ASEAN-style utilization of foreign investments as reflected in all investment laws and policies of CLMV countries in the 1990s, which featured entry control (as “sticks”) and investment incentives (as “carrots”). Those controls and incentives were the means to induce investors to assume various performance requirements to contribute to industrial policies. The second stage witnessed a shift toward enhanced liberalization as an endeavor toward the WTO accession during the 2000s, as seen in the integrated investment laws that appealed for the national treatment of foreign investors. At the same time, those investment laws emphasized the substantive provisions (e.g., fair and equitable treatment and indirect expropriation) and procedural protections (e.g., provision of Investor–State Dispute Resolution mechanisms) as an appeal for stabilization of the investment climate. The third stage of legal policy, as evidenced by the recent amendments to the investment laws, is newly focused on environmental and social considerations, which seems to be an indispensable response to the increasing social protests against the negative impacts of investment promotion. Simultaneously, the means of administrative controls over investors, established in the first stage, are uniquely utilized for the realization of new goals.
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