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  • MPI Ethno. Forsch.  (210)
  • MFK München
  • Cham : Springer International Publishing  (210)
  • Law  (179)
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  • 1
    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
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    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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  • 2
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031540677
    Language: English
    Pages: 1 Online-Ressource(V, 168 p.)
    Edition: 1st ed. 2024.
    Series Statement: Law and Philosophy Library 146
    Parallel Title: Erscheint auch als
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    Keywords: Law ; Law
    Abstract: Introduction -- Part 1: What a Legal Obligation is -- Toward a Minimal Conception of Legal Obligation -- What is a Legal Obligation? -- Part 2: Theoretical Perspectives on Legal Obligation -- Why Any Legal Positivist Idea of Legal Obligation is Untenable: A Kantian-Gewirthian Synthesis -- Gustav Radbruch’s Theory of Legal Obligation -- Part 3: Forms of Legal Obligation -- Is There a Legal Duty not to Harm in Tort Law? -- Reflections on the Justifiability of Authority: Raz vs. Wolff.
    Abstract: This volume collects six original essays by internationally respected researchers who have devoted themselves to the study of legal obligation. It brings together works that innovatively address key dimensions of the current debates concerning legal obligation from different and, in some cases, even opposing theoretical perspectives. As a result, the collection offers a comprehensive discussion of legal obligation that promises to significantly advance our understanding of the obligatory dimension of law. What specifically connects the contributions gathered here is one common thread: coming to terms with a notion – legal obligation – that is of both practical and theoretical importance. On the one hand, it is widely regarded as a fundamental legal concept by legal practitioners and laypeople alike, as not only judges, prosecutors, lawyers, and juries but also ordinary citizens make extensive use of obligation-related terms and discourses. On the other hand, the notion of legal obligation is of paramount significance for the theory of law. Indeed, even legal theorists who, quite understandably, refuse to reduce the law to a mere obligation-imposing device and opt instead for a view in which the normative dimension of the law also encompasses powers, rights, permissions, privileges and immunities, duly acknowledge the centrality of legal obligation for the understanding and conceptualisation of law. Hence the importance of the treatments presented in this volume.
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  • 3
    ISBN: 9783031418204
    Language: English
    Pages: 1 Online-Ressource(VI, 344 p. 6 illus., 4 illus. in color.)
    Edition: 1st ed. 2024.
    Series Statement: Law, Governance and Technology Series 60
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    Keywords: Information technology ; Mass media ; Law ; Criminal law. ; Data protection.
    Abstract: Legal Developments on Cybersecurity and Related Fields: Introductory notes and presentation -- PART I – CYBERSECURITY, CYBERDEFENCE AND LAW -- Getting critical. Making sense of the EU security framework for cloud providers -- Cyber operations targeting space systems. Legal questions and the context of privatisation -- A legal assessment of the concept of risk in reversible operations through cyber and electronic means -- Knowledge management and continuous improvement in cyberspace -- Information security metrics: challenges and models in an all-digital world -- Cyberterrorism and the Portuguese counter-terrorism act -- PART II – CYBERSECURITY AND LAW: SPECIFIC TOPICS -- Towards cybersecurity regulation of software in the European Union -- The importance of the computer undercover agent as an investigative measure against cybercrime: a special reference to child pornography crimes -- Post-Mortem data protection and succession in digital assets under Spanish law -- The suitability of the regime of technological measures for copyright protection in the face of modern cybersecurity risks -- Digital signatures and quantum computing -- No words needed? Emojis as evidence in judicial proceedings -- PART III – CYBERSECURITY, ETHICS AND FUNDAMENTAL RIGHTS -- Bug bounties: ethical and legal aspects -- Profiling and cybersecurity: a perspective from fundamental rights' protection in the EU -- Legal developments on smart public governance and fundamental rights in the digital age -- Biometric signatures in the context of Regulation (EU) nr. 910/2014 and the general data protection regulation: the evidential value and anonymization of biometric data -- Cybersecurity issues in electronic communications and some insights on digital literacy and technological infrastructures’ demands – anticipations of the European Digital Decade through the lens of a Declaration on digital rights and principles.
    Abstract: This book presents a fresh approach to cybersecurity issues, seeking not only to analyze the legal landscape of the European Union and its Member States, but to do so in an interdisciplinary manner, involving scholars from diverse backgrounds – ranging from legal experts to ICT and engineering professionals. Cybersecurity requirements must be understood in a broader context, encompassing not just conventional aspects, but also emerging topics. This can only be achieved through an interdisciplinary approach. Indeed, cybersecurity should be consistently considered in relation to cybercrime and/or cyber defense, while examining it through the lens of specific domains that are intertwined with various legal fields. Moreover, it is crucial to uphold ethical standards and safeguard fundamental rights, particularly regarding personal data protection. By adopting this comprehensive perspective, the significance of cybersecurity in the exercise of public authority becomes apparent. It also plays an essential role in upholding the fundamental values of both individual Member States and the EU as a whole, such as the rule of law. Moreover, it fosters trust, transparency, and effectiveness in market relations and public administration interactions. In turn, the book draws on the expertise of its authors to provide insights into ICT components and technologies. Understanding these elements holistically is essential to viewing every "cyber" phenomenon from a legal standpoint. In addition to the holistic and interdisciplinary approach it presents, the book offers a captivating exploration of cybersecurity and an engaging read for anyone interested in the field.
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  • 4
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031499678
    Language: English
    Pages: 1 Online-Ressource(XIV, 280 p.)
    Edition: 1st ed. 2024.
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    Keywords: Philosophy. ; Economics. ; Law ; Social sciences
    Abstract: Chapter 1: Introduction: Breaking Free from Private Control Over Knowledge -- Chapter 2: First Prolegomena: A Brief History of Intellectual Property -- Chapter 3: Prolegomena: Rationalisation of Intellectual Property -- Chapter 4: Prolegomena: The Dangers of Intellectual Property -- Chapter 5: Conclusion: Social Disintegration and the Privatisation of Knowledge.
    Abstract: The Paradox of Intellectual Property in Capitalism is an innovative book that comprehensively discusses and analyses intellectual property under capitalistic social conditions and relations. It not only addresses some historical developments of intellectual property but also brings to the fore the very notion of what knowledge is, knowledge creation, and knowledge production and appropriation within a Marxist framework. Nonetheless, the adopted approach pays heed to multiple fields of knowledge, providing rich discussions that facilitate the understanding of actual social totality in which capitalism, knowledge production and appropriation, and the struggles of appropriation mutually reinforce each other, although not devoid of antagonisms and contradictions. In light of contemporary capitalism, the transformations that social property relations are undergoing must be scrutinised – such as those brought about by the development of digitalisation and the convergence between big pharma and tech giants. What are the conditions of intellectual property creation today? What theoretical assumptions does it make? Under what social relations is intellectual property produced? Throughout, the emphasis is not on individual cases or symptoms but on the overarching logic: the logic of capitalism as revealed in intellectual property. João Romeiro Hermeto holds a PhD in philosophy from the Witten/Herdecke University, Germany.
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  • 5
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031529399
    Language: English
    Pages: 1 Online-Ressource(XII, 199 p.)
    Edition: 1st ed. 2024.
    Series Statement: Law and Philosophy Library 145
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    Keywords: Law
    Abstract: 1 Introduction -- Part I. Domain: conceptual, empirical and historical explorations of access to justice -- 2 Is there a (Human) Right of Access to Justice? -- 3 Equal access to justice: Three interpretations -- 4 Duties of assistance and the criminal/civil distinction -- 5 Unmet legal needs: identification and rich descriptions -- Part II Normative foundations -- 6 The need for a theoretical base: four arguments -- 7 Why capabilities? On the duty to, at times and provisionally, pause, cool down, and listen -- 8 The instrumentalities of access to justice in defending democratic cooperation -- Part III. Practical applications. Testing the political principles of equal access to justice -- 9 Free legal counsel and access to justice -- 10 Is group litigation legitimate? -- 11 Still Against Settlement? -- 12 Conclusion.
    Abstract: It is wrong when someone cannot exercise their rights in a court of law because they have no money to pay for a good lawyer, because they are too scared of the possible consequences, or because they simply don’t know that the law protects them. But does that mean governments have an obligation to intervene? And if so, how? This book provides the first systematic philosophical theory of equal access to justice. It begins by identifying the content of claims to equal access to justice. Then, it reviews traditional political and legal arguments on the right of access to justice, which it argues are both illuminating and insufficient. The best comparative way to approach equal access to justice, the book argues, is to think through the requirements of a moral, pre-political, duty to – at times and provisionally – pause, cool down and listen: in other words, we ought to demand that governments step in and protect access rights, because we have a moral and pre-political interest in cultivating our ability to comply with this duty. It is the recognition of this duty which best explains both law’s potential for promoting, as well as its potential for endangering, equal justice. In closing, the book tests this novel theory of equal access to justice against contemporary trends and reforms in procedural law. .
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  • 6
    ISBN: 9783031397325
    Language: English
    Pages: 1 Online-Ressource(X, 285 p. 6 illus., 5 illus. in color.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
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    Keywords: Human rights. ; Civil rights. ; European communities. ; Organized crime. ; Transnational crime. ; Law ; Criminal law
    Abstract: Chapter 1. “Don't Give Me Moral, but a Social Ideal”: From the Social Condemnation of Prostitution to the Criminalisation of Sexual Exploitation: Pimping and Human Trafficking in the Portuguese Penal Code -- Chapter 2. Cross-Border Organized Crime and Human Rights: The Awfulness of Trafficking in Human Beings. Chapter 3. Combating Human Trafficking in South Africa -- Chapter 4. Human Trafficking Policies in Scandinavia: What Happens When International Obligations Meet National Problem Definitions? -- Chapter 5. Fight Against Human Trafficking in Poland: From Theory to Practice -- Chapter 6. The Silenced Coercion of Voodoo over Nigerian Women Trafficked from West Africa to Europe -- Chapter 7. Transvestites and Transwomen in Human Trafficking for Sexual Exploitation: A Study In Brazil -- Chapter 8. Romania – Trendstetter in European Human Trafficking? -- Chapter 9. Individuals Treated As Nonpersons and the Challenge to Criminal Justice: The Specific Problems Facing Victims of Trafficking in Human Beings -- Chapter 10. Trafficking in Human Beings as an Hourglass Paradigm -- Chapter 11. The Formal Institutions of Control and the Victims of Human Trafficking: From Frequency to Impunity -- Chapter 12. Human Trafficking in Slovenia: Contemporary Issues -- Chapter 13. How Organized is Labour Trafficking? On the Involvement of Organized Criminal Groups in Labour Exploitation -- Chapter 14. Human Trafficking in Brazilian Law: The New Legal Definition -- Chapter 15. Trafficking in Persons vis-à-vis the Recent Jurisprudence of the Inter-American Court of Human Rights: Lessons for Brazil.
    Abstract: This book analyses new forms of human trafficking taking into account the transposition of the Directive 2011/36/UE which sets out minimum standards to be applied throughout the European Union in preventing and combating trafficking in human beings and protecting its victims. Sexual exploitation of trafficked persons is at its highest rate. After COVID-19, new forms of sexual exploitation have been identified, specifically in the Global South. The book analyses new forms of exploitation used by traffickers to coerce victims. Combining the perspectives of academic researchers with those of highly skilled professionals from governmental institutions, this book is a unique contribution, promoting collaboration in preventing and combating human trafficking crime, and in raising awareness of this ongoing problem.
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  • 7
    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
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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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  • 8
    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
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    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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  • 9
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031421785
    Language: English
    Pages: 1 Online-Ressource(XXV, 521 p.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
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    Keywords: Women ; Australasia. ; History. ; Labor. ; Law ; Economic history. ; Sex.
    Abstract: 1. Work, Theory, Scholarship: Equal Pay, Pay Equity and the Sex of Gendered Work -- 2. Intermission: Pay and Personalities I -- 3. A Nineteenth-Century Legacy: Early Days, Equal Pay and Radical Women -- 4. Alarums and Excursions: Infiltrating at the Palace of Versailles -- 5. The Fortunes of the Flapper: The 1920s Generation Confronts the 1930s -- 6. Alarums and Excursion: Women Versus Men Versus Women -- 7. Intruders on the Rights of Man? 1940s Women at War and Work -- 8. Alarums and Excursions: Out of Bounds in the International Arena -- 9. A Decade of Darkness - or into the Light? The Struggles and Success of the 1950s Woman -- 10. Alarums and Excursions: Women Versus Women Versus Men -- 11. The 1960s: Decade of Radical Change or Back to 1912? -- 12. Intermission: Pay and Personalities II -- 13. Ingenuity and Intellectual Rigour: Brazen 1970s Hussies Arguing Back -- 14. Alarums and Excursions: Facts, Fictions, Fallacies and Fancies -- 15. A 1980s Skirmish into Comparable Worth -- 16. Intermission: Pay and Personalities III -- 17. Enterprising Women Confront Enterprise Bargaining: 'I’m All Right Jack' Versus 1990s Woman -- 18. Alarums and Excursions: The Inside Story -- 19. Forward to the Past, Back to the Future: Beyond the New Millennium -- 20. Conclusion: Remembering and Forgetting - Women’s Work, Women’s Rights and the Long Equal Pay Struggle.
    Abstract: This book makes a major contribution to the continuing legal and historical struggle for equal pay in Australia, with international references, including Canada, the UK and US. It takes law, history and women’s and gender studies to analyse and recount campaigns, cases and debates. Industrial bodies federally and around Australia have grappled with this issue from the late nineteenth to early twentieth century onwards. This book traces the struggle through the decades, looking at women's organisations activism and demands, union ‘pro’ and ‘against’ activity, and the 'official' approach in tribunals, boards and courts. Jocelynne A. Scutt is Senior Fellow at the University of Buckingham, UK. She published Women and The Magna Carta: A Treaty for Rights or Wrongs, Women, Law and Culture – Conformity, Contradiction and Conflict with Palgrave in 2016, and Beauty, Women’s Bodies and the Law – Performances in Plastic, Palgrave 2020. .
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  • 10
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031535413
    Language: English
    Pages: 1 Online-Ressource(X, 305 p.)
    Edition: 1st ed. 2024.
    Series Statement: Studies in Global Science Fiction
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    Keywords: Oriental literature. ; Fiction. ; Popular Culture. ; Translating and interpreting. ; China
    Abstract: Chapter 1. Introduction -- Chapter 2. Kang Youwei’s Book of the Heavens and the Porous Epistemological Grounds of Early-modern Chinese Science Fiction -- Chapter 3. Intelligent Humanoid Machines: Imaginations of Physical and Mental Transformation in late Qing Literature and Their Intellectual Origins -- Chapter 4. The King of Electricity from China: Science, Technology, and the Vision of World Order in Late Qing China -- Chapter 5. Formal Fictions: “Chinese” “Science” “Fiction” in Translation -- Chapter 6. The Writing Editors: Late Qing and Republican Media Professionals as Authors of Science Fiction -- Chapter 7. Projecting Eco-Futures: Cinematic Visions of Utopian Science and Ecology from the Mao Era to the Deng Era -- Chapter 8. Information, the Body, and Humanism in the Chinese Cyber Novel Forty Millennia of Authenticity Cultivation -- Chapter 9. Open Up Your Brain Hole: Spatial Imaginaries in Chinese Online Science Fiction -- Chapter 10. Of Illness and Illusion: The Chaosmology of Han Song’s Hospital Trilogy -- Chapter 11. Liu Cixin and the Cosmic Pastoral -- Chapter 12. Bodies in Transformation: The Politics of Post-80s Science Fiction Authors Chi Hui, Chen Qiufan, and Zhang Ran -- Chapter 13. The Posthuman and the Neo-Baroque in Taiwan Science Fiction .
    Abstract: "The collection, a first-of-its-kind project in English-language scholarship, heralds a kind of Chinese sf studies 2.0, emphasizing the multiple points of origin and the sheer diversity of the histories, cultures, aesthetic expressions, and transmedial forms that together make up the sprawling field of “Chinese science fiction.” —Veronica Hollinger, co-editor, Science Fiction Studies This volume brings together emerging approaches and addresses shifting paradigms in Chinese science fiction studies, offering a window on fan cultures, internet fiction, gender, eco-criticism, post-humanism and biomedical discourse. These studies present a “second wave” of Chinese science fiction studies, re-evaluating the canon of Chinese science fiction print and cinematic production, and expand the range of critical approaches to the subject. These studies also demonstrate that Chinese science fiction represents a significant contribution to modern Chinese cultural production, both in terms of its value, speaking powerfully to our modern condition, and its sheer volume in terms of production and consumption. Chinese science fiction speaks to both China’s rapidly shifting reality, its political multiplicity and its formless future, voicing the anticipations and anxieties of a new epoch filled with accelerating alterations and increasing uncertainty. Mingwei Song is Professor of Modern Chinese Literature at Wellesley College. He is the author of numerous books and research articles, including Young China: National Rejuvenation and the Bildungsroman, 1900–1959 (2015) and Fear of Seeing: A Poetics of Chinese Science Fiction (2023). Nathaniel Isaacson is Associate Professor of Modern Chinese Literature in the Department of World Languages and Cultures at North Carolina State University. He is the author of Celestial Empire: the Emergence of Chinese Science Fiction (2017). Hua Li is Professor of Chinese in the Department of Modern Languages and Literatures at Montana State University. She has published Contemporary Chinese Fiction by Su Tong and Yu Hua: Coming of Age in Troubled Times (2011) and Chinese Science Fiction during the Post-Mao Cultural Thaw (2021).
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  • 11
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031376412
    Language: English
    Pages: 1 Online-Ressource(XIV, 256 p. 4 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Studies in the History of Law and Justice 27
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    Keywords: Law ; Law
    Abstract: Introduction -- PART I. IDEA AND ROLE OF CONSENT IN THE DEVELOPMENT OF A TAXONOMY OF CONTRACT IN ANCIENT LAW -- Roman law -- Mos gallicus and iuris Franco-Gallici -- Modern law -- RECEPTION, RELEVANCE, EVOLUTION, AND IMPLICATIONS IN THE CIVIL CODE OF FRANCE: DE LEGE LATA -- Article 1108 et seq. and the specification of the consensual doctrine -- PART III. RETHINKING THE FRENCH PERSPECTIVES ON CONSENSUALISM: DE LEGE FERENDA -- Articles 1109 and 1172, and the classification of contracts: Problems and perspective -- Reconsidering consensualism and the role of consent in contract -- Conclusion.
    Abstract: This book offers a comprehensive introduction to French contract law with a focus on the role of consent and the evolution of consensualism, considering its immediate historical sources. The book provides a clear, in-depth, and analytical discussion of the contingency of consensualism and how the development of consensual ideas across time and transnational geographical settings has specifically underpinned modern French contract law, which has inspired other legal systems and continues to do so. It also challenges the macro-narratives of European legal history and redefines consensualism so that it may be properly understood, addressing its manifest contemporary misinterpretations. Thorough, engaging, well-structured and inventive, there is no other English-language scholarly work that offers a similar analysis. “This monograph makes an evident contribution to the field by offering an original interpretation of several provisions in the Code Civil which relate to the law of contract. The author demonstrates an impressive grasp of Latin, French and English sources as well as knowledge of Roman law, legal history, and contemporary French law. It is well-referenced and offers an extensive bibliography”. – Dr Stephen Bogle, Senior Lecturer in Private Law, University of Glasgow, UK “The author brings a critical perspective to bear throughout the monograph and develops a clear and quite sophisticated position on the interaction between consensualism and formalism in Roman and French law and the intervening European ius commune”. – Prof Hector MacQueen, Emeritus Professor of Private Law, University of Edinburgh, UK.
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  • 12
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031328220
    Language: English
    Pages: 1 Online-Ressource(XV, 636 p. 9 illus., 6 illus. in color.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
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    Keywords: Law—Europe. ; Europe—Politics and government. ; Social legislation. ; Civil rights. ; European communities. ; Political planning. ; Europe ; Law
    Abstract: Chapter 1: Basic and fundamental principles in European social law -- Chapter 2: Enforcement in social law -- Chapter 3: The future in the light of the past -- Chapter 4: The impact of regionalisation.
    Abstract: This is the conference book for the XIV European Regional Congress of the International Society for Labour and Social Security Law, dedicated to the interactions between social law and other areas of law. In recent years, labour law and social security law have been subject to various reforms and developments. Social law is however not an isolated domain but rather interacts with other fields, often even functioning as a guide or giving direction to those lost at sea. In other words: serving as a lighthouse. The key aspect addressed in this book is the existence of a connection between social law sensu stricto (labour law and social security law) and other areas of law. Pursuing an inter- and multidisciplinary approach, it gathers contributions on topical and challenging issues in four broad areas: 1. Basic and fundamental principles of European social law 2. The future in the light of the past 3. The impact of regionalisation 4. Enforcement in social law In turn, various developments can be identified in connection with these topics: the emergence of social criminal law is creating new overlaps between social and criminal law; the growing number of administrative law sanctions offers new insights into and connections between social security law and administrative law; the increasing similarity of employment in the public and private sectors raises questions about the applicability of administrative law in labour law relations; the relation between the ECHR and the articles of the Constitution opens up new perspectives on the constitutional interpretation of freedoms and on the interaction between human rights, constitutional law and social law; and lastly, there is a growing influence of EU law and international treaty law (concerning trade) on social law. Can we, by looking at these developments, draw certain conclusions at a different and innovative level? The contributions were selected by an international working group of distinguished scholars from across Europe.
    URL: Cover
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  • 13
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031191312
    Language: English
    Pages: 1 Online-Ressource(XXI, 162 p. 1 illus.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law—Europe. ; Europe—Politics and government. ; Law ; Europe
    Abstract: Introduction -- Part I The Context -- The geopolitical context -- The legal context -- Part II Common Foreign and Security Policy after Lisbon -- Restrictive measures: constitutional issues, classification, judicial review -- Common Security and Defence Policy in Action -- The silence of foreign policy -- Part III The key themes -- Between law and geopolitics -- Conclusion.
    Abstract: This strongly interdisciplinary book provides a first tentative evaluation of the role that geopolitics plays in shaping the genesis and functioning of the law of EU Common Foreign and Security Policy (CFSP). It introduces the reader to the geopolitical context of the EU and of its main neighbours, as well as to the legal architecture of CFSP. The book then presents selected cases of the Union’s action (or inaction) in CFSP since 2009. These show the key argument of the book: the law of CFSP is not entirely fit for purposes as it does not reflect the geopolitical reality of the continent. The book reflects on such geopolitical reality as it results, in particular, from the 2004 EU enlargement, and comments upon three key issues of the CFSP legal framework: issues of coherence, accountability, and effectiveness. With its fusion of law and geopolitics, the book will be invaluable for students of EU foreign policy and EU external relations law.
    URL: Cover
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  • 14
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031268557
    Language: English
    Pages: 1 Online-Ressource(X, 207 p. 2 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Law and Visual Jurisprudence 9
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
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    Keywords: Law—Philosophy. ; Law—History. ; Semiotics. ; Law ; Law
    Abstract: The Rearguard of Subjectivity – an Introduction -- The Efficient Jurist as a Semiotician -- On The Life and Work of Tikhon Fedorovich Stepanov -- Describe, Predict, Intervene! -- Students Making Meaning: Teaching Legal Semiotics in the Context of International Law -- On Language and Power -- Reflecting on Law and Language -- Jan Broekman and the Multicultural Self -- Lady Justice's Crooked Teeth -- Narrativity and Memory - Towards an Ethics of Testimony -- Juridical Dignity and (Inter)subjectivity: Semiotic and Normative Levels -- The Performance of (the Declaration of) Independence -- Philosophy of Friendship.-From Life to Law: Towards an Evolving Conception of Ecocide -- Subject and Self.
    Abstract: Edmund Husserl’s ideas, informed by Kant’s Critiques, constituted a point of departure when rereading philosophical problems of subject and subjectivity. In his “Phänomenologie und Egologie” (1961/63), Jan Broekman revealed how Husserl analysed the “Split Ego” notion in Kant’s vision, which became fundamental for his phenomenology. The form and function of subjectivity were likewise positioned in psychiatry and literature, as well as in aesthetics, as Jan Broekman’s texts on ‘cubism’ demonstrated. Problems of ‘language’ unfolded in studies on topics ranging from the texts of Ezra Pound to the dialogic insights of Martin Buber, all of which were involved in the development of semiotics. Two themes accompanied these insights: the notion and later Parisian mainstream called structuralism, and the urgent need to arrive at deeper insights into the links between Marxism and phenomenology. Central language concepts also played a part: as early as 1986, Jan Broekman published on ‘semiology and medical discourse’, and in 1992 on ‘neurosemiotics’, before addressing the link between speech act and (legal as well as social) freedom in 1993. In all these works, the subject and the atmosphere of subjectivity were essential aspects. In addition to his writing, Jan Broekman gave courses on current philosophical issues, law and medicine until retiring in 1996, and in his “Intertwinements of Law and Medicine” revisited subjectivity aspects, while also offering a synthetic view. In this Festschrift in honour of Jan Broekman, the contributions address the analogue/digital dichotomy in semiotics, the multicultural self in language and semiotics, semiology and legal discourse, the legal subject and the atmosphere of subjectivity, intertwinements of law and medicine, the semiotics of law in legal education, signs in law and legal discourse, making meaning in law, and legal speech acts.
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  • 15
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031247156
    Language: English
    Pages: 1 Online-Ressource(XIX, 216 p.)
    Edition: 1st ed. 2023.
    Series Statement: Palgrave Studies in Victims and Victimology
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
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    Keywords: Law—Philosophy. ; Law—History. ; Critical criminology. ; Victims of crimes. ; Sex. ; Sex (Psychology). ; Social structure. ; Equality. ; Law ; Law
    Abstract: Chapter 1: Introduction -- Chapter 2: Trans(gender) identities: what makes a woman/where are all the men? -- Chapter 3: Self-identity and social harm: the need for recognition -- Chapter 4: Seeking love within post-war neoliberal influence and control -- Chapter 5: Seeking esteem whilst sustaining neoliberal hierarchies -- Chapter 6: Achieving respect via neoliberal rules and values -- Chapter 7: Implications and priorities for the future.
    Abstract: This book explores how neoliberal consumer capitalist ideals of meritocracy, competitive individualism, and responsibilisation have shaped trans people’s subjectivity and lived experiences of harm. The book critiques the adequacy of legal constructs of hate crime to acknowledge the social harms experienced. The deep ethnographic data illuminates a variety of social harms that result from the failure of social structures and systems to acknowledge gender identities beyond the binary. The book offers a historically grounded theorisation of anti-trans sentiment to produce a persuasive argument for understanding the harms of hate as recognitive harms. In this sense, the book opens up a path to theorizing the empirically documented emotional and psychological harms of both transphobia and transnormative ideals, as rooted in a binary gender order that has been invigorated by the hyper individualism and competitiveness of capitalist neoliberalism. Katie McBride is Lecturer in Criminology at the University of Plymouth, UK. Before joining academia, Katie was an equality and human rights practitioner working within the public and third sectors on the development and delivery of policy and practice designed to address inequalities and discrimination experienced by marginalised communities. Her key research interests lie in examining hate from a critical perspective with a particular focus on the harms of hate experienced by trans individuals. Katie’s research utilises deep ethnographic participatory methods as a tool to redress the balance of power in research and academia. Her research has explored how adverse childhood experiences, communities of support and structures of governance have impacted on the lived experience of trans individuals.
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  • 16
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031292279
    Language: English
    Pages: 1 Online-Ressource(XIX, 301 p.)
    Edition: 1st ed. 2023.
    Series Statement: European Union and its Neighbours in a Globalized World 9
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
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    Keywords: Law—Europe. ; Criminal law—International unification. ; Human rights. ; Law ; Criminal law
    Abstract: Introduction -- Part I EU Enlargement and Stabilization Process in the Light of the Rule of Law and Solidarity Principles -- Stabilization of the Western Balkans and the Impact of the Rule of Law on the Prosecution of War Crimes in Kosovo: Some Reflections on the Kosovo Specialist Chambers and Specialist Prosecutor’s Office -- EU Civilian CSDP Missions and the Consolidation of the Rule of Law in the Western Balkans -- The Security Implications of Enlargement on EU Fundamentals -- Part II Solidarity and Rule of Law in Cross-Border Security, Migration and Asylum Management -- The Commission Tries Again to Reform the Dublin System: Much Ado about Nothing? -- Migration and the Janus Faces of Solidarity and the Rule of Law. Brief Remarks in Light of Recent Italian Experience -- The Impact of the EU Principle of Solidarity and the Rule of law on Criminal Aspects of the Migrant Crisis in the Republic of North Macedonia -- Solidarity and the Externalization of EU Migration and Asylum Security: A Dual Concept? -- Part III Solidarity and Rule of Law in Criminal Justice and Human Rights -- Breaches of the Rule of law in the EU: What Implications for the Principle of Mutual Trust in the Area of Freedom, Security and Justice? -- A Look Behind the Legal Scene: Philosophical Stakeholder Responses to Fundamental Human Rights -- The Rule of Law, Transnational Crimes, and the Human-Rights Based Approach in the European Union: The Court of Justice as Ultimate Guardian of the ‘Good’ Laws -- Environmental Solidarity and the Rule of Law in the EU System: Some Explanatory Reflections on Climate Justice Case-Law -- Part IV Solidarity and Rule of Law in Police and Judicial Cooperation -- Building on Core Strengths: Lessons from Justice Sector Reform in Albania -- Mutual Recognition in EU Judicial Criminal Cooperation and Its ‘Conditional Application’ to the European Investigation Order (EIO) under ECJ Case Law -- Albanian Judicial Cooperation with the European Union: A Support of the Implementation of the Constitutional Reform to Ensure a Functioning Democracy -- Afterword. The New Dimension of EU Security in a Transnational Justice and Governance System.
    Abstract: This book offers an authentic and original perspective on the principles of solidarity and rule of law that are variously interconnected and increasingly invoked in international relations and affairs, especially in the context of the European Union, where they are among the founding values common to all Member States. The innovative approach the authors adopt consists in the joint reading of these two principles within the broader framework of EU security, thus offering a new interpretation and fertile ground for further research. Divided into four parts, the authors consider EU security to be linked to the implementation of both these principles, particularly with regard to EU stabilization and enlargement to the Western Balkans, cross-border security, migration and asylum management, criminal justice and human rights, and police and judicial cooperation The contributions of eminent scholars, international experts, and practitioners are the book’s greatest strength. In addition, it offers a valuable new perspective on the study of contemporary issues affecting the Western Balkans, but also all Member States and the Union itself. Therefore, the book is an essential resource for students and scholars of EU law, but also for lawyers and professionals involved in criminal proceedings or working in the field of human rights.
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  • 17
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031180637
    Language: English
    Pages: 1 Online-Ressource(XVII, 507 p.)
    Edition: 1st ed. 2023.
    Series Statement: LCF Studies in Commercial and Financial Law 3
    Parallel Title: Erscheint auch als
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    Parallel Title: Erscheint auch als
    Keywords: Law—Europe. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Trade regulation. ; Law
    Abstract: Introduction -- PART I Transnational Securities Regulation: How it Works -- IOSCO: Evolution, Nature, and Governance -- IOSCO in the International Financial Architecture -- Standard-Making, Accountability, and Legitimacy -- Combined Techniques for the Implementation of Securities Standards -- A Mechanism for the Coordination of Cross-border Enforcement -- PART II Transnational Securities Regulation: Who Shapes it -- The Involvement of Regulatory Powers in IOSCO -- Horizontal Standards: Harmonizing Principles and Conflicts of Securities Regulation -- Vertical Standards Addressed to Public Authorities -- Vertical Standards Addressed to Private Parties -- Vertical Standards Set in Concert with Other Institutions -- PART III Conclusions -- Perspectives Around Transnational Securities Regulation.
    Abstract: The book provides an analysis of the emergence, evolution, and transformation of transnational securities regulation and of the influences from and the interactions between global regulatory powers in the field. Combining insights from law and political science, the work employs a two-tier complementary "on-the-books" and "in-action” approach. The more classical "on-the-books" approach draws on scholarship in United States and European Union securities regulation; transnational regulation and global administrative law; regime complexity; global governance studies; and the regulatory production of the International Organisation of Securities Commissions (IOSCO). The law in-action approach leverages the author’s experience as Compliance senior professional in a multinational financial institution as well as research interviews with senior IOSCO staff. The author’s findings enable the reader to develop an original understanding of IOSCO, its standards, and its unique place in the transnational regulatory arena. They also challenge the doxa that the US are the only driving regulatory power in the securities area when in fact, other regulatory powers are emerging – for the time being, the EU. The balance has shifted and regulatory compromises are achieved at different points in the rule making process.
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  • 18
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031193583
    Language: English
    Pages: 1 Online-Ressource(X, 315 p. 1 illus.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
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    Keywords: Law—Europe. ; International law. ; Environmental law, International. ; Renewable energy sources. ; Economics. ; Power resources. ; Energy policy. ; Law
    Abstract: The European Union and Renewable Energy Policies -- A Few Words on the Energy-related Considerations -- The Environment in Contemporary Constitutionalism -- The Italian Energy Transition in a Human Rights Perspective -- Beyond the Energy Transition and Towards a Just Transition -- Wind of Change: A Scandinavian Perspective on Energy Transition and the ‘Greenification’ of the Oil and Gas Sector -- Green Deal and Regionalisation -- Energy Auction in the European Union with Specific Reference to Member State Practice in Germany and France -- The Energy Transition and the Use of EU Funds in the Spanish and Italian Legal Systems -- State and Market in China’s Coal-to-Gas Transition -- Tendencies in Regulatory Framework of Renewable Energy in Russia -- Energy Ttransition and Latin-American Countries: example Cuba: Looking for Interconnections with Food Sovereignty -- Is there a Regional Approach to the Energy Transition in Sub-Saharan Africa? -- Ineluctable Transnationalism, and the Regional Approach to the Energy Transition -- From Coal to Climate Change: An Australian Perspective on the Energy Transition -- A Comparative Analysis of Electricity Access Initiatives in Sub-Saharan Africa.
    Abstract: The book"Regional Approaches to the Energy Transition", discusses the key challenges the energy transition is facing at the European and International level. It is an edited collection gathering contributions from the experts in the field bringing together internationally renowned scholars, researchers, EU officials to address the current trends in the energy transition and its dilemmas. The book places the energy transition in a wide interdisciplinary context. It looks at energy policies, legal framework, regional strategies and the difficulties in their implementation. It argues for a regional approach to the energy transition, questioning at the same time the strategies and measures put forward for its realisation. The subject matter is topical, considering recent themes that occupy global and European political agendas. In a nutshell, the volume offers insights into regional regulations, public policies and local practices on the use of clean energy. It looks first at the EU commitment and its initiatives providing some examples from the Member States. Furthermore, it offers a comparative perspective and discusses the different approaches to the energy transition from Latin America, China, Africa and Australia. It covers a wide range of topics such as the EU renewable energy policies, Green Deal and regionalisation, energy auctions in the EU, environment in contemporary constitutionalism, Human Rights considerations, the Scandinavian perspective, practical examples from Italy and Spain. Moreover, it also considers the global context, looking at State and Market in China's coal-to-gas transition, tendencies of legal regulation in the sphere of renewable energy in Russia, the energy transition in Latin-American countries, regional approach to the energy transition and electricity access initiatives in Sub-Saharan Africa, and transnationalism and the regional approach to the energy transition in Australia. The systematisation that this book offers and the exchange of good practices and experiences are useful tools for the key players to seriously engage with a just and sustainable energy transition. The proposed book is a reference and study material for academics and students, but also for the policy makers, officials and practitioners dealing with the energy transition. It provides some answers, potential solutions and alternatives to the main problems that the energy sector is facing worldwide.
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  • 19
    ISBN: 9783031134135
    Language: English
    Pages: 1 Online-Ressource(XII, 326 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Legal Studies in International, European and Comparative Criminal Law 6
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law—Philosophy. ; Law—History. ; Criminal law. ; Constitutional law. ; Comparative government. ; Law ; Law
    Abstract: Preface -- Part I: Legitimacy of Punishment in the Democratic Constitutional State -- Is it possible to limit the penal intervention in the 21st century? -- Review on Retribution as Punishment Purpose -- Crises of the ultima ratio Principle shall we resume the Constitutional Criminal Law Guidance? -- Enforced Disappearance: A precedent of the Enemy Criminal Law -- Part II: Crisis of Warranty Thinking in the Democratic Constitutional State and Criminal Law -- Criminal Law and Legal Theory: Not Just Legal Dogmatics, But Never Without it -- The Populist Traces of Punitive Feminism -- Harm, offense, and the Hate Speech -- For a feminist and Guarantism-based Methodology in the Criminal Protection of Sexual Freedom -- Legal Defeasibility The Limits Between Ductile Law and Arbitrary Law -- Punishment and Communication in the Post Truth Society -- Presumption of innocence and pre-trial detention in the light of Directive (EU) 2016/343 -- Part III: Expansion and Trivializacion of Criminal Law in the Democratic Constitutional State -- Criminal Law Protection of Competition: An Instance of Punitive Excess? -- The Impact of Soft law on the Expansion of Criminal Law -- Contentious Politics and Penal Expansion in Spain: A Decade of Criminalization of Protest -- Ceilings for the criminal liability of Internet Service Providers -- Part IV: Paradigm of Danger and Security in the Criminal Law in the Democratic Constitutional State -- Why do They Call it ´Dangerousness´ When They Mean ´Risk Assessment? Using Risk Assessment in the Spanish Criminal Justice System -- Criminal Law of Security: Serious Crime and Visibility.
    Abstract: The book aims to share the results of project research granted by the Castilla-La Mancha government, which has been composed by philosophers of law and criminal law researchers, whose main conclusions are represented by the manifestations and trends of the current crisis of the constitutional State. The works try to identify these trends and manifestations in order to develop alternatives and remedies to solve the current negation process that classical liberties are involved, from the point of view of philosophy, policy, and dogmatic.
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  • 20
    ISBN: 9783031147814
    Language: English
    Pages: 1 Online-Ressource(XVI, 150 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Gender Perspectives in Law 1
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
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    Keywords: Law—Philosophy. ; Law—History. ; Sex. ; Law ; Law
    Abstract: 1 Feminist Reconsideration of Political Theories -- 2 The Concept of Gender in Law -- 3 Critical Race Feminism: A Different Approach to Feminist Theory -- 4 Queer Legal Theory -- 5 Challenging Patriarchalism in the Family. Law Reform and Female Protest in 19th and 20th Century Europe -- 6 Adultery as a Crime in the Western World and Beyond: From a Man’s Property to (In)Fidelity, From Discrimination to Decriminalization.
    Abstract: This book raises awareness about gender perspective in political and legal theories and historical analysis. The impacts of feminist political and legal theories, as well as critical legal studies, have been embedded in all the papers in different ways and degrees. Differences among feminist political and legal ideas are visible in the different approaches. The ongoing issue of defining gender, for example, is a recurring theme in the texts. Some papers question the binary basis of the gender issue and the notion of gender as such, while others start from the binary dichotomy and attempt to expand the consideration towards a multi-dimensional understanding of gender identities. The main focus is on a feminist reconsideration of all relevant fields of legal knowledge. The primary aim is to demystify the seemingly neutral character of legal norms and legal knowledge and highlight the power relations at different layers, beginning with male and female legal subjects of Western heredity (in terms of culture, ethnicity, and race), then moving on to different needs and power relations among female persons of different races and classes, and finally addressing differentiating gender relations and identities beyond the framework of the women-men binary codification, i.e., also taking into consideration the multiple options of intersex, transgender, queering, etc. Taking seriously the issue of the “maleness” of political and legal theories is indeed a challenging and relevant endeavor for legal scholars. The male bias is present not only throughout history but also in the present, given that our “universal” categories of political and legal thought are still overburdened by unequal power relations. It is also important to open our minds and knowledge production for a gender-sensitive and gender-competent intersectional approach, which would also include various queer-, race- and class-based considerations. These tasks should be of interest not only to critical legal scholars but also all those belonging to mainstream legal and political thought.
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  • 21
    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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  • 22
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    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031314551
    Language: English
    Pages: 1 Online-Ressource(IX, 118 p. 4 illus., 2 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Palgrave's Critical Policing Studies
    Parallel Title: Erscheint auch als Phippen, Andy Policing teen sexting
    Parallel Title: Erscheint auch als
    Keywords: Law—Europe. ; Criminal law—International unification. ; Youth—Social life and customs. ; Criminology. ; Crime. ; Technology. ; Juvenile delinquents. ; Victims of crimes. ; Law ; Criminal law ; Youth ; Sexting - Law and legislation ; England ; Wales ; Handy ; Sexualität ; Sexualisierte Gewalt ; Jugendlicher Täter ; Verbrechensopfer ; Kriminalpolitik ; Recht
    Abstract: 1. Introduction -- 2. Teen Sexting – A Modern, Cultural Phenomenon? Or not so new? -- 3 .Legal Challenges -- 4. Understanding the Police Response: Putting Sticking Plasters Over Legislation -- 5. The Challenges of Diversionary Intervention -- 6. A Progressive Future?
    Abstract: “The digital transmission of words and images is immediate and unbounded. This creates new freedoms but also new risks. In this important review of ‘where we are’, Phippen and Bond set out principles for harm reduction, weigh the balance of rights and law, and remind us that they shouldn’t have had to write this book! This is a major contribution to work on safeguarding, sexting and victimization.” -Nigel South, Emeritus Professor of Sociology, University of Essex, UK This book explores the policing response to teen sexting – the digital exchange, both consensual and non-consensual, of intimate images among youth peers. With a particular focus in England and Wales, it also considers other international responses and the challenges faced in policing youth practices with legislation being applied beyond its intended scope. It uses the police responses in England and Wales as a case study of the challenges of policy evolving the digital cultural phenomenon and the tensions between enforcing the law, while knowing it’s not fit for purpose, and supporting vulnerable minors. It explores the policy responses that have developed from the problematic legislation and whether these policy interventions have helped or hindered the policing process. It draws in parallels with drugs policy and policing, and brings in progressive, harm reduction approaches in contrast to traditional solutions. Andy Phippen is Professor of Digital Rights at Bournemouth University, UK. Emma Bond is Pro-vice Chancellor (Research) and Professor of Sociotechnical Studies at the University of Suffolk, UK.
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  • 23
    ISBN: 9783031471087
    Language: English
    Pages: 1 Online-Ressource(XII, 401 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Ius Gentium: Comparative Perspectives on Law and Justice 111
    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. ; Law
    Abstract: Part I: General Considerations and Classification of Enforcement Titles -- Enforcement Titles under Brussels I bis Regulation from National to EU Frameworks -- Enforcement titles in the EU: Common Core After All? -- Part II: Judgment -- Types of Judgments According to Different Criteria -- Is a Judgment Always a Judgment? A Dutch-Belgian Comparative Perspective -- Comparative View on the Divergence of Structure and Substance of Judgements -- Comparative Issues Concerning the Determination of Interest -- Part III: Effects of Judgments -- Effects of Judgments in Cross-Border Perspective -- Searching for Res Judicata at the Edges of National Procedural Autonomy -- The Effects of Judgments and Court Settlements in Cross-border Collective Redress and the Brussels I bis Regulation: Houston, We Have a Problem!.-Enforceability and Enforcement Appeals - Continental Law -- Pendency Rules -- Related Actions -- Provisional Measures with a Cross-Border Element: Their Issuance, Co-existence, Recognition, and Enforcement -- Part IV: Court Settlements and Authentic Instruments -- The European Dimension of Court Settlements: Open Issues and Regulatory Needs -- Authentic Instruments -- Part V: Other Cross-Border Considerations -- Due Process and Cross-Border Enforcement in Lithuania and Portugal -- Recognition and Enforcement of EU Enforcement Titles in Albania as ‘3rd Country’ and Vice-Versa.
    Abstract: This book examines the diversity of enforcement titles in cross-border debt collection, focusing on the types, structure, contents and effects of enforcement titles. It offers a comprehensive overview of judgments, court settlements and authentic instruments from a variety of EU Member States. It primarily employs the comparative legal method to draw conclusions on commonalities and differences, as well as prospects for future approximation of laws. The premise of the research is rooted in the finding that national authorities of EU Member States continue to treat enforcement titles from other Member States with reservations and mistrust despite being committed to the principle of mutual trust. The book identifies the issues of mistrust stemming from the diversity of enforcement titles. The research is based on a rich database of national reports compiled during the course of several large-scale EU Justice Projects. Divided into five parts, the book offers first some general considerations and presents attempts at a systemisation of enforcement titles. The following parts are then devoted to more specialised approaches toward the different types of enforcement titles. However, the connecting line between all parts of the book are the considerations of cross-border enforcement in the EU (and in a limited manner with third States). Herein, research also addresses critical factors regarding the free movement of judgments in the EU, including those of lis pendens and related actions. This book provides a valuable contribution to the Theory of European Civil Procedure. Since it is based on a comparative approach and employs both empirical and doctrinal viewpoints, it should also greatly benefit practitioners involved in cross-border dispute resolution. Overall, the findings should be of interest to a broad audience, including policymakers, judges, practitioners and scholars.
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  • 24
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031454851
    Language: English
    Pages: 1 Online-Ressource(XIII, 255 p.)
    Edition: 1st ed. 2023.
    Series Statement: Law and Philosophy Library 144
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law ; Law
    Abstract: 1. About Aristotle’s Supposed Methodological Essentialism and Absolute Monarchism -- 2. Aristotle’s Language for Success in (Practical) Explanations -- 3. The Political Nature of Logos in Aristotle -- 4. Aiming for True Life as an Act of Choice -- 5. Aristotle’s Contribution to the Judiciary Construction of Science -- 6. Aristotle’s Anthropological Conception of Justice in the Contemporary Context -- 7. Aristotle on Arbitration, Forgiveness and Rational Dialogue -- 8. Rhetorical Truth: Aristotle (and Gorgias) on Deliberation and Agonism -- 9. Aristotle’s Model of Rhetoric and Contemporary Patterns of Argumentation: on some Aristotelian Challenges -- 10. Practical Reason, Technical Perception and the Judge -- 11. Aristotelian Eudaimonism as Common Ground for Dialogue on the Good Life -- 12. Aristotle’s Conception of Truth, Perception of Particulars and Problem of Conceptualization.
    Abstract: In this thought-provoking book, you’ll find timeless questions explored through a fresh lens. First delving into the profound significance of Socrates’ dialogical method and the inescapable nature of conflict, it ponders the rational capacities of humanity in terms of establishing harmonious communities. But this isn’t merely a philosophical debate; it’s a pragmatic exploration of real-world challenges. No longer limiting itself to abstract theories, the book then seeks to navigate the practical terrain of science and politics. Drawing inspiration from Aristotle, renowned for his investigations into the intricate connections between theory, technology, ethics, and politics, it tackles the essential question: How can we reconcile divergent views? At the book’s core lies Aristotle’s revolutionary concept of dialogue, which portrays truth as a delicate equilibrium between opposing forces, transcending the rigid boundaries of true and false. Join this captivating journey as the author reveals the hidden paths to meaningful coexistence in a world filled with conflicting perspectives.
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  • 25
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031466670
    Language: English
    Pages: 1 Online-Ressource(IX, 192 p.)
    Edition: 1st ed. 2023.
    Series Statement: Studies in the History of Law and Justice 29
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law ; Law ; Human rights.
    Abstract: From the present to the past of human rights: From human rights to natural rights -- Looking backwards on the notion of human dignity: From the Spanish 1978 Constitution to the discovery of America -- Looking forwards to the future of dignity and human rights: New generation rights.
    Abstract: The book describes in a retrospective way how dignity and human rights evolved. In doing so, the book is divided in three parts: human rights from present to early modern age, human dignity from present to Early modern age and dignity and human rights from present to future. The book has been written in a way that might me appealing to graduate students, postgraduate students, researchers and even laymen who are interested in the making of dignity and human rights in the Western.
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  • 26
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031464355
    Language: English
    Pages: 1 Online-Ressource(X, 226 p.)
    Edition: 1st ed. 2023.
    Series Statement: Studies in the History of Law and Justice 28
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law ; Law
    Abstract: 1 Introduction -- 2 Contextualising Dorado Montero -- 3 Historical Background -- 4 Dorado Montero’s Foreign Influences -- 5 Dorado Montero’s Criminal Doctrine – The Protective Law of the Criminals -- 6 Locating Dorado Montero in Spanish Doctrine -- 7 Conclusions.
    Abstract: Pedro Dorado Montero was one of Spain’s most relevant authors. He contributed to modern Criminal law and Penology with a very unique theory: the Protective Law for Criminals. In a time when neoclassical penal theories and new positivist theories clashed, Dorado Montero’s proposal served as a bridge between the criminal law conceptions of the 19th and 20th centuries. In order to explore his role in the introduction of positivism within Spain and the subsequent success of this trend, this book addresses several aspects. The first three analyzed are his scholarly career, the historical and international context in which he lived, and the various European and other international influences he was exposed to. On this basis, two major points are then discussed. Firstly, Dorado Montero has been traditionally included within the movement known as correccionalismo. However, his legal-philosophical and criminal thought indicates otherwise. It seems to lie closer to positivism than to neoclassical positions. This research aims at challenging the accuracy of the ‘eclectic’ label which traditional historiography has applied to him. In turn, Dorado Montero described a reality in which every moral value and legal representation was a mere product of mankind’s imagination. Man is responsible for the elaboration of morals, law and culture in his own mind. Thus, for him, there were as many moral and legal orders as there were human beings on the planet. Such a claim is polemic even today. Unsurprisingly, the author received criticism from both neoclassical and positivist schools. Thus, the existence of a ‘Doradian positivism’ is explored. Despite the growing interest in these topics over the last few decades, Dorado Montero has somehow been overlooked – even though his Derecho protector de los criminales described the criminal law of the future as well, one that will have to face the new neurological, medical, psychological and genetic challenges of our time.
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  • 27
    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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  • 28
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031308758
    Language: English
    Pages: 1 Online-Ressource(XVII, 200 p. 9 illus., 8 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. ; Law and the social sciences. ; Law ; Law
    Abstract: Chapter 1. Societal Stress: Theory, Meaning, and Measurement -- Chapter 2. The Constitution and State Law on Interracial Marriage -- Chapter 3. Sex and Equal Rights Amendment -- Chapter 4. Same-Sex Marriage -- Chapter 5. Wrapping Up.
    Abstract: Societal Stress and Law draws attention to the social side effects of law by developing the sociological concept of society-level stress, a corollary of the concept of individual-level stress in the biological sciences. To encourage interest in societal stress, the book looks at (1) instances of law adopted by American states that the U.S. Supreme Court held unconstitutional and (2) actions by American states with regard to a proposal to amend the federal Constitution. The Court rulings and the proposed constitutional amendment were capable of producing societal stress because they were seen by a sizeable segment of the U.S. public as being incompatible with significant American traditions. In original studies that apply logistic regression to state-level statistical data, the book identifies sociological variables that predict state differences in the adoption of this law and state differences in actions on the proposed constitutional amendment. Because these variables represent societal agents that affected whether a state experienced social stress from the rulings and proposal, the book blends theory with empirical research and illustrates how each can support the other in law-focused scholarship.
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  • 29
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031196751
    Language: English
    Pages: 1 Online-Ressource(XV, 269 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Studies in Art, Heritage, Law and the Market 8
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law—Philosophy. ; Law—History. ; Humanitarian law. ; International law. ; Cultural property. ; Human rights. ; Peace. ; Law ; Law
    Abstract: Chapter 1: Where Conflict and Culture Connect -- Chapter 2: UNESCO’s Legal Obligation and Capability to Protect Cultural Heritage during Armed Conflict -- Chapter 3: The State Heritage Institutions of Yemen, Syria and Iraq -- Chapter 4: The Impact of Conflict on UNESCO’s Engagement with Yemen, Syria and Iraq -- Chapter 5: UNESCO’s Emergency Response “First-Aid” to Cultural Heritage Sites -- Chapter 6: UNESCO’s Reconstruction of Cultural Heritage Sites -- Chapter 7: Conclusions -- References -- Appendices.
    Abstract: This book aims to determine UNESCO's capability to facilitate heritage protection measures pre-conflict, emergency response measures during conflict and reconstruction efforts post-conflict. The book employs document analysis to ascertain UNESCO's legal obligations when it comes to facilitating cultural heritage protection in its Member States' territories in the condition of armed conflict, while drawing comparisons with the reality of the organisation's presence and involvement in Yemen, Syria and Iraq. This study maps shifts in UNESCO's level of communication with each country's respective government and civil authorities; allocation of financial, human and material resources; and implementation of heritage safeguarding and reconstruction initiatives. Both quantitative and qualitative data shows UNESCO to exhibit great inequity in engagement, at times, closing communications entirely with Syria, due to the political standpoints of other UNESCO Member States. This political gridlock is often shown to result in the organisation overstating its ability to safeguard or restore heritage, with promises not being followed up with action. Since 2015, UNESCO has expressed a stronger intent to be a key player in heritage protection during armed conflict, however as long as cultural heritage protection is not considered a humanitarian concern, UNESCO will not be able to circumvent much of the political and bureaucratic barriers facing intergovernmental organisations during conflict, which prevent emergency action from being implemented. In order to ensure heritage safeguarding is permitted during periods of significant unrest, regardless of political discord, it is crucial that UNESCO promote a people-centred approach to its cultural heritage protection initiatives. This book evidences that focusing on livelihoods and meaningful and practical connections between populations and their local heritage to be UNESCO's optimal methodological approach for justifying cultural heritage protection as a humanitarian necessity. The book's readership includes academics, researchers, and practitioners in the fields of political science, law and heritage studies.
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  • 30
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031316869
    Language: English
    Pages: 1 Online-Ressource(VI, 206 p. 45 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Law, Governance and Technology Series 55
    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. ; Law—Europe. ; Criminal law—International unification. ; Information technology ; Mass media ; Law ; Criminal law
    Abstract: Introduction: Setting the Scene on EIO and the Interaction between Law and Technology -- EU Legislation on EIO and Its Implementation in the Member States -- EU Initiatives on the Implementation of the EIO -- The Challenging Path towards the Establishment of the EU Legal Framework Regulating Cross-border Access to Digital Evidence -- Evidence Exchange under the EIO: Technological Challenges -- e-CODEX: A Secure Infra-structure for Cross-border Cooperation -- e-Evidence Digital Exchange System (eEDES) -- Evidence Exchange Standard Package: An Application CASE Ontology Complied for the Preparation of the Evidence Package and Its Exchange -- Legal Framework for Digital Evidence Following the Implementation of the EIO Directive: Status Quo, Challenges and Experiences in Member States -- Data Protection and European Investigation Orders -- Different Perspectives on EIO -- Training on EIO: Overview of Training Courses in the EU -- Training on EIO: TREIO Project.
    Abstract: In the era of globalisation, cross-border crimes are becoming increasingly common. The nature of these crimes is complex, and cross-border evidence exchange is, therefore, crucial to the successful prosecution of these offences. The exchange of evidence between countries can provide invaluable assistance in solving crimes that have an international dimension. The European Investigation Order (EIO) allows judicial authorities to request evidence more quickly and easily than via traditional instruments. The EIO has become the primary legal tool for gathering trans-border evidence, replacing the traditional Mutual Legal Assistance (MLA) conventions previously used. However, the EIO is not the only pertinent legal instrument for cross-border evidence gathering within the EU. Accordingly, professionals need a clear understanding of this subject. Exchanging evidence among judicial authorities in the EU Member States presupposes two essential components. First, there must be a secure communication channel. This is provided by e-CODEX, which offers a European digital infrastructure for secure cross-border communication in the field of justice. Recently (May 30th, 2022), the e-CODEX system became the digital backbone of EU judicial cooperation in civil and criminal matters on the basis of Regulation 2022/850. To achieve effective evidence exchange via EIO/MLA legal instruments, there must also be a communication tool. This is provided by the e-Evidence Digital Exchange System, which is capable of managing any EIO/MLA procedures/instruments, from the e-Forms (EIO Annexes) to the whole business logic, on the basis of the e-CODEX system. Finally, it is essential to use a uniform standard for the representation of evidence data and metadata, so as to streamline the process and make investigations more effective, in particular when it comes to complicated criminal cases where it is key to find either correlations among different cases or to extract multiple types of data from the same inspection. The importance of cross-border evidence exchange in criminal matters cannot be overstated. This book addresses all the above-mentioned aspects, offering an up-to-date overview of scenarios in cross-border judicial cooperation from both juridical and technical standpoints.
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  • 31
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031140921
    Language: English
    Pages: 1 Online-Ressource(XX, 242 p.)
    Edition: 1st ed. 2023.
    Series Statement: Gender Perspectives in Law 4
    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. ; Identity politics. ; Sex. ; Law
    Abstract: Gender Issues in Private International Law -- The Reproduction of Gender Difference and Heteronormativity in Family Law -- Family Matters: Gender, Community and Personal Laws in India -- Compensation for Damages Suffered by Women Performing Unpaid Domestic Work -- The Best Interests of the Child and Gender Perspective -- Gender Perspective of Development of Labour Law -- Leading or Breeding; Looking Ahead – Gender Segregation in the Labour Market and the Equal Distribution of Family Responsibilities -- Legal Approaches to Protection Against Gender-Based Violence and Harassment at Work with a Particular Focus on the Situation in the Republic of North Macedonia -- Digital Work and Gender Equality -- Gender Discrimination: Procedural Issues Between Procedural Autonomy, EU Provisions and Effectiveness of Judicial Protection -- Gender Perspectives in Mediation.
    Abstract: This book discusses prominent and controversial gender-related issues across the fields of family law, tort law, labour law, civil procedure law, ADR and private international law. An important critical assumption made by the authors is that the gender equality perspective has been largely neglected in several branches of private law, since scholars researching the intersection between gender and legal studies are mostly focused on public law and human rights law. In light of that, the book contributes not only to the deconstruction of gender-blind private law, but also to the development of a gender-competent analysis of the key branches of private law, starting with private international law. Gender perspective in family law is analyzed on the basis of gendered and heteronormative operations of family law with reference to the formation of legally recognized relationships, the establishment of legal parenthood, the division of marital property after a divorce, and the arrangements for post-separation parenting. Also, regulation of family matters in Indian society and the gender equality perspective from the principle of the child’s best interest are considered. As far as tort law is concerned, the book addresses compensation for damages suffered by women performing unpaid household work. Further, it contains papers dedicated to the following labour law issues: the genesis of labor law and its capacity to contribute either to worsening gender inequality in the world of work or to promoting gender equality; gender segregation in the labour market and its connection to family-friendly policies in the European Union; sexual harassment at work; and the impact of work digitalization on gender-related labour law issues. Lastly, the authors analyze gender equality in civil procedural law, as well as in mediation as a tool for encouraging the peaceful settlement of disputes. The book is intended to improve awareness of the wide range of private law issues that are important for understanding the ways in which gender inequality shapes everyday experiences, while also presenting critical considerations of the key private law instruments for achieving gender equality.
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  • 32
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    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031204517
    Language: English
    Pages: 1 Online-Ressource(XI, 271 p. 3 illus., 2 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Palgrave Studies in Prisons and Penology
    Parallel Title: Erscheint auch als Body searches and imprisonment (2022 : Leuven) Body searches and imprisonment
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    RVK:
    RVK:
    RVK:
    Keywords: Human body—Social aspects. ; Law—Europe. ; Corrections. ; Punishment. ; Criminology. ; Human rights. ; Critical criminology. ; Human body ; Law ; Konferenzschrift ; Strafrecht ; Strafvollzug ; Durchsuchung
    Abstract: Chapter 1. Body searches as contested control measures -- Chapter 2. The imposition of power through touch: A sensory criminology approach to understanding body searches -- Chapter 3. Searching, ‘state of security’ and the structuration of prison security -- Chapter 4. Strip searches: A risky practice that needs to be monitored -- Chapter 5. Strip searches through the lens of the prohibition of inhuman and degrading treatment in European human rights law -- Chapter 6. Body searches and vulnerable groups: Women and LGBTQI+ people in prison -- Chapter 7. Body searches in Belgian prisons: dignity, security and denial -- Chapter 8. Body searches in French prisons: Dignity and security on a roller coaster -- Chapter 9. Stripping the self away: security, control, and punishment in the practice of strip searches in Spanish prisons -- Chapter 10. Gendered punishment and protest in a context of conflict: Strip searching in Northern Ireland -- Chapter 11. “There’s a tech for that”: balancing dignity and security in carceral settings through alternative technology devices -- Chapter 12. What future for body searches in prisons?.
    Abstract: This book explores and addresses body search practices in prison environments from different angles (criminology, sociology, human rights and law) and discusses such practices in different national contexts within Europe. Body searches are widely used in prison systems across the globe: they are perceived as indispensable to prevent forbidden substances, weapons or communication devices from entering the prison. However, these are also invasive and potentially degrading control techniques. It should not come as a surprise, then, that body searches are deeply contested security measures and that they have been widely debated and regulated. What makes theses control measures problematic in a prison context? How do these practices come to be regulated in an international and European context? How are rules translated into national law? To what extent are laws and rules respected, bent, circumvented and denied? And what does the future hold for body searches? Tom Daems is Professor of Criminology at the Leuven Institute of Criminology (LINC), KU Leuven, Belgium. At LINC, he coordinates the research line on ‘Punishment and Control’. Daems has published widely on punishment and prisons, in particular from a European perspective. With Palgrave, he previously published Electronic Monitoring: Tagging Offenders in a Culture of Surveillance (2020) and Europe in Prisons: Assessing the Impact of European Institutions on National Prison Systems (2017, co-edited with Luc Robert). .
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  • 33
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031438684
    Language: English
    Pages: 1 Online-Ressource(VI, 161 p.)
    Edition: 1st ed. 2023.
    Series Statement: Law and Philosophy Library 143
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law ; Law
    Abstract: 1. Introduction -- 2. Conceptual Analysis -- 3. The Problem of Legal Authority -- 4. The Function of Law -- 5. Normative Legal Positivism -- 6. Conclusion.
    Abstract: Legal Positivism has been the dominant school of legal philosophy for much of the last century, despite its many critics. Its central tenet has long been that there is no necessary connection between law and morality. This book provides a broad but clear and jargon-free account of the central objections to the theory and why those objections are sufficient to show that legal positivism is no longer tenable. This includes a broad critique of the purported distinction method of legal positivism, the idea of ‘conceptual analysis,’ as well as a detailed assessment of the most influential of all legal positivist theories, that of H.L.A. Hart. The book also provides a defense of the natural law school, which holds in contrast to legal positivism that the authority of law arises from its intrinsic connection to morality. The author demonstrates that most of the criticism of the natural law school arises from a caricatured account of that doctrine, for instance the idea that it requires substantive theological commitments or particular conceptions of human nature. In contrast, the author presents an account of natural law theory that is grounded in a commitment to moral truth, but not to any theological beliefs. The nature of law can only be understood in terms of its moral function, to provide a clear set of moral rules that are required for a society to function effectively.
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  • 34
    ISBN: 9783031405167
    Language: English
    Pages: 1 Online-Ressource(XI, 355 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Law, Governance and Technology Series 57
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Information technology ; Mass media ; Law ; Technological innovations. ; Computers ; Business information services. ; Computational intelligence.
    Abstract: Introduction -- Part I - Content -- The Legal Challenges of the Fourth Industrial Revolution: Copyright in the Digital Single Market - between new uses of protected content and fairness considerations -- Due diligence obligations and liability of intermediary services: the Proposal for the EU Digital Services Act -- Legal challenges posed by the modern-day transportation services. A brief overview from the private law perspective -- The regulation of content moderation -- Part II - Economy -- The European Way to Regulate Big Tech: the EU’s Digital Markets Act -- “eCommerce and EU consumers' rights” -- Online platforms and taxes in the EU: a compatible match? -- Regulating Digital Advertising from the Perspective of the 4th Industrial Revolution -- Part III - Security -- The European Union Strategy for Cybersecurity -- Remarks on the use of biometric data systems (and facial recognition technologies) for law enforcement purposes: security implications of the Proposal for an EU Regulation on Artificial Intelligence -- Cyber operations threatening the European Union and its member states: the rise of the European Union as a cyber defence actor -- Part IV - People -- Data Protection Litigation System under the GDPR -- R2D: The Right to Disconnect from Work -- Is There a Need for an EU Catalogue of Fundamental Digital Rights? -- Countering terrorism propaganda online through TERREG and DSA: a battlefield or a breath of hope for our fundamental human rights? -- AI and Fundamental Rights: the People, the Conversations, and the Governance Challenges.
    Abstract: This book explores the concept of a fourth industrial revolution as an expression of the current technological, economic, and social changes sparked by the growing interconnectivity and intelligent automation that have emerged in the 21st century. It seeks to identify and explain the legal challenges posed by this phenomenon in four main areas: content, economy, security, and people. Part I, Content, considers e.g. the problems posed by new uses of protected works in the digital environment, and the new rules on liability for intermediary services contained in the Digital Services Act. Part II, Economy, is particularly concerned with the regulation of Big Tech in the EU’s Digital Markets Act, ecommerce and EU consumers’ rights, the taxation of online platforms, and digital advertising. Part III, Security, addresses the European Union Strategy for Cybersecurity, the use of biometric data systems and facial recognition technologies for law enforcement purposes, and the security implications of the Proposal for an EU Regulation on Artificial Intelligence, as well as the challenges entailed by the European Union’s positioning itself as a major cyber defence actor. Part IV, People, discusses the Data Protection Litigation System under the GDPR, the right to disconnect from work, the proposed EU Catalogue of Fundamental Digital Rights, the countering of terrorist propaganda online through the TERREG and the DSA, and AI and Fundamental Rights.
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  • 35
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031355530
    Language: English
    Pages: 1 Online-Ressource(VII, 135 p.)
    Edition: 1st ed. 2023.
    Series Statement: Studies in the History of Law and Justice 26
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law ; Law ; Political science
    Abstract: Introduction: Teaching Under Unusal Circumstances -- Dante Alighieri, Hans Kelsen, and the Principium Unitatis -- Niccolò Machiavelli and Efficacy -- Gerolamo Cardano and Italian “Realism” -- Efficacy in the Italian Tradition: from Giovanni Della Casa to Giovanni Nevizzano -- Paradoxes of Equality: Giambattista Vico -- Cesare Beccaria and the Narrative of Neutral Equality -- Equality and Vulnerability in The Duties of Man: Giuseppe Mazzini -- Social Pluralism, Efficacy & Equality – Rethinking The Legal Order by Santi Romano -- From Emilio Salgari to Cesare Lombroso – Racism and Law in Italy: Situated Vulnerability -- The Limits of Law and Arturo Carlo Jemolo’s Islands -- The Italian “Braibanti Affaire”: a Tale of Two Vulnerabilities -- We, the People: Of Poets and Priests. Pasolini’s Very Hard Poem.
    Abstract: One of the main goals of this book is to determine if, in the works of some of the key authors in the history of Italian political philosophy, a notion of “efficacy” can be found. In legal philosophy, “efficacy” is the capacity a norm has to effectively influence citizens’ behavior. The “principle of efficacy” is that according to which an order or rule exists as such when it is followed effectively in practice. Here by “efficacy” I mean the idea that normative phenomena are self-justifying, without reference to extrinsic systems of value (such as “natural law”). The examinations of several texts undertaken here constitute reflections on this theme, without any claim to systematicity. They have been grouped together, roughly in historical order, by their common respect for the contexts within which they reason and reach decisions, which lends them a characteristic flavor of harsh realism that at times relies on a minimalist use of traditional normative categories. The second theme that emerges through the respective chapters (each of which constitutes the text for a lesson in a course for Ph.D. students) is that of the relationship between “equality” and “vulnerability.” Here the idea is to elaborate a concept of “vulnerability” that is not underpinned by what we in Italy call an “anthropology,” that is, a fixed notion of human nature. Instead this concept should be comprehensible and graspable solely on the basis of the recognition of decisions and actions that are merely “efficacious,” that function “for what they are, and what they do.” This recognition doesn’t even need to be explicitly articulated by these authors with any specific, deliberately conscious awareness. The goal is not to identify a precise tradition of thought, one which elaborates a given line of reflection, but rather to highlight certain “themes” that emerge in the texts examined, even as the authors write with and for their own specific, contingent set of motives, which differ from time to time and place to place. These authors include some who are widely known, such as Dante, Machiavelli, and Beccaria. At times they are figures who typify certain key historical episodes, such as the Risorgimento (Giuseppe Mazzini) or Fascism (Cesare Lombroso and Santi Romano), while others reflect certain aspects of a contemporary debate (Pasolini and the “Braibanti affair”). The book is based on lectures given for a 2021 Ph.D. Course at the University of California, Berkeley’s Department of Italian Studies.
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  • 36
    ISBN: 9783031415272
    Language: English
    Pages: 1 Online-Ressource(X, 342 p.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
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    Keywords: Environmental law, International. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Law ; Constitutional law. ; Human rights. ; Climatology.
    Abstract: NY State Courts -- How the U.S. courts have interpreted the relevance of the U.S. Constitution to environmental law -- The ECHR’s doctrine of legal standing in the era of modern environmental human rights -- Courts, the Environment, and the Irish Constitution -- The legal dimension of the environment in the European legal history -- The role of ECJ -- Administrative Courts and the Environment -- Judicial protection and the climate in the EU legal order in the context of Aarhus Convention -- Biodiversity Law before the Courts -- Climate change : what to ask to Courts” [cover the French administrative law cases "Affaire du Siècle" and "Grande Synthe" with very different approach (damage compensation vs action from State)] -- How German judges decide environmental cases -- Environmental law in the U.S. legal system -- EPA and the evolution of environmental administrative law -- The contribution of the courts to the interpretation of the WTO Government Procurement Agreement – a European Perspective -- The concept of the public interest in environmental law -- The courts as change agents in the evolution of environmental law -- Arbitrating climate change before Investor – State dispute settlement tribunal -- Climate litigation in the Italian legal order -- The Relationship between Criminal Courts and regulatory authorities in the Italian environmental law.
    Abstract: This book sheds light on the latest trends in environmental law by analyzing some of the main sectors of law, including administrative law, constitutional law, EU law, US Law, and human rights law. It explores the evolution of these sectors before courts and tribunals from a US-EU perspective and from the perspectives of some of the foremost academics and justices from the major jurisdictions. Supranational and national courts, both in Europe and in the US, have delivered significant environmental judgements in recent years. The corresponding case law reflects how, in many jurisdictions, environmental and climate litigation continues to expand exponentially as a tool to strengthen environmental protection, whether by pushing national governments to be more ambitious or by enforcing existing statutes and regulations. Courts, particularly after the Paris Agreement, are increasingly seeking their own role as an important player in multilevel environmental governance. Courts in both the US and EU are at the forefront of this process and their role in shaping environmental rule of law will be fundamental in the near future.
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  • 37
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031451171
    Language: English
    Pages: 1 Online-Ressource(XXI, 278 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. ; Law ; Commercial law. ; Information technology ; Mass media
    Abstract: Chapter 1. Enactment, Scope of Application, and Enforcement of the Cartel Act -- Chapter 2. Agreements -- Chapter 3. Horizontal Agreements -- Chapter 4. Distribution Agreements and Vertical Restraints -- Chapter 5. Abusive Conduct by Dominant Undertakings and Undertakings with Relative Market Power -- Chapter 6. Merger Control -- Chapter 7. Sanctions, Leniency and Amicable Settlements.
    Abstract: This is the first comprehensive English-language overview of competition law enforcement in Switzerland since the introduction of direct sanctions in 2004. It discusses the key issues facing practitioners: horizontal and vertical agreements (with a particular emphasis on distribution agreements), abuse of dominance, and the newly introduced provisions on relative market power and merger control. It also provides an overview of the key procedural provisions, leniency and amicable settlements, and fines. The book subsequently analyses the main differences between Swiss and EU competition law and explains why, to what extent, and how companies should conduct a separate analysis under Swiss law. It offers a comprehensive overview and accessible analysis, based on in-depth research of case law, for practitioners and in-house counsels who need to ensure compliance with competition law on a Swiss, European or international basis. It is also a valuable guide for all practitioners, academics and students interested in understanding Swiss competition law. Enforcement of competition law in Switzerland has intensified and is becoming increasingly important for global companies selling in Switzerland. Moreover, the fines have increased over the last twenty years, and many foreign companies have had to pay substantial fines in recent years. Lastly, the Swiss Federal Supreme Court has now extended the extraterritorial application of Swiss competition law to foreign companies where sales to Switzerland are possible.
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  • 38
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031441844
    Language: English
    Pages: 1 Online-Ressource(XIV, 105 p. 10 illus., 8 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Law and Visual Jurisprudence 11
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law ; Law ; Semiotics.
    Abstract: Introduction -- What Is Intersemiotic Legal Translation? -- Intersemiotic Legal Translation: Four Dimensions -- Intersemiotic Legal Translation as Target Representamen: Three Types of Intersemiotic Translation in the Legal Field -- Intersemiotic Legal Translation as a Process -- Intersemiotic Digital Legal Translation -- Conclusions.
    Abstract: The translation of legal documents in today’s globally interconnected world calls for novel approaches to overcoming traditional language barriers. The verbal language used in legal documents can be accompanied or even replaced by various types of semiotic resource, such as symbols, diagrams, and icons, while the advancement of digital tools and the introduction of new technologies offer those drafting contracts and other legal documents access to an ever-expanding toolbox for the translation process. This book makes a significant contribution to the existing literature on legal translation and intersemiotic translation by sharing valuable insights and opening up new avenues of inquiry, fostering further exploration of this evolving domain and enabling practitioners to use these diverse communication tools responsibly and effectively. Given the book’s structured multidisciplinary approach and extensive analyses of the characteristics of intersemiotic legal translation, its potential, and the complexities that arise at the intersection of law, language, and semiotics, it will appeal to legal practitioners, translators, semiotic scholars, and legal philosophers alike. Whether you are a legal professional aiming to expand your expertise, an academic seeking a new research direction, or are simply intrigued by the fascinating interplay of law, language, and semiotics, this book offers a valuable resource that sheds light on the unique dynamics of translating legal concepts using approaches other than traditional verbal communication. As such, it is an essential read for anyone who is interested in the changing landscape of law, language, and translation.
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  • 39
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031343223
    Language: English
    Pages: 1 Online-Ressource(IX, 277 p.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law—Philosophy. ; Law—History. ; International law. ; Human rights. ; Law ; Law
    Abstract: Introduction -- PART I SELF-DETERMINATION OF PEOPLES -- Phases and developments of the concept of the self- determination of the peoples -- The right holders of self-determination -- Practicing the right to self-determination.-Ways and modalities for realization of the self – determination -- PART II SECESSION -- The phenomenon of secession -- The dynamics of secession -- The legitimacy of the secession claims -- The emergence of a secessionist entity -- PART THREE: INTERNAL SELF-DETERMINATION -- The internal aspect of the right to self-determination -- The social base for realization of internal self-determination -- Tools and forms for the realization of internal self-determination -- Systems of power sharing -- Part IV CONCLUSIONS -- Self – determination revisited.
    Abstract: This book offers a comprehensive summary of extant international law scholarship on the topics of self-determination and secession and positions the concepts among present-day theory and relevant practice, illustrated through various ongoing cases and historical examples. The right to self-determination is among the least understood rights within international law. Theoretical dilemmas – as to whether there is a link between self-determination and secession – are nothing new. In essence, self-determination is a much broader concept than secession and obtaining independent statehood. Unilateral secession is not prohibited by international law, but neither is it per se welcomed or accepted in practice. Beyond the context of decolonization, secession claims have long been viewed with disapproval in international law, and lawyers have been extremely skeptical about the issue. Although this is still the case, there are also new trends and opportunities to explore situations in which secession can be accepted, legitimized, or even legally permissible. The yardstick for this is the diplomatic response to secessionism and the growing involvement of the international community in mediation and conflict resolution. Though finding solutions can be difficult, within the existing frame, the ongoing tension between the duty of every society to recognize pluralism and diversity on the one hand, and the inherent desire of every culture – whether majority, minority or indigenous – to protect its values and ensure conformity on the other, must be resolved. The practices and modalities that envisage the internal dimension of the right to self-determination as a right that is exercised within the state borders can offer such opportunities. The appropriate role of the state and the international community is to serve as mediators between competing forces and to set parameters that can transform destructive conflicts into productive political models.
    URL: Cover
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  • 40
    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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  • 41
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031148385
    Language: English
    Pages: 1 Online-Ressource(VII, 221 p. 12 illus.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Translating and interpreting. ; Multilingualism. ; Language and languages ; Law ; Law ; Linguistics.
    Abstract: 1. Setting the scene -- 2. Global & local strategies -- 3. Lexical features -- 4. Syntactic features -- 5. Modality -- 6. Legal rights -- 7. Contractual obligations -- 8. Torts -- 9. People & law -- 10. Crimes -- 11. Cybercrimes.
    Abstract: This is a coursebook designed for students of translation, which will also benefit professional translators as it covers key issues in contemporary legal translation. The book is divided into two main parts. The first, theoretical part, explores issues such as types of legal texts, readership, communicative purpose, global and local strategies, and modality in addition to analysing the common features of legal discourse in both languages, be they lexical, syntactic, or textual. The second, practical part, discusses issues such as legal rights, contractual obligations, torts, crimes, people and law. It focuses on all types of legal texts, regardless of their classification and examines legislative texts, which have acquired a certain degree of notoriety rarely equalled by any other variety of English. Ali Almanna is Associate Professor of Translation Studies at Hamad Bin Khalifa University, College of Humanities and Social Sciences, Qatar. He obtained his PhD in Translation Studies from the University of Durham, UK and his MA in Translation Studies from Westminster University, UK. In addition to many articles published in peer reviewed journals, he is author, editor and translator of several publications, including The Routledge Course in Translation Annotation (2016), Semantics for Translation Students (2016), The Nuts and Bolts of Arabic-English Translation (2018), The Arabic-English Translator as Photographer (2019), Re-Framing Realities through Translation (2020), and Translation as a Set of Frames (2021).
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  • 42
    ISBN: 9783031395147
    Language: German
    Pages: 1 Online-Ressource(XIII, 310 S.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Keywords: Law ; Law.
    Abstract: Kapitel 1. Einleitung /Lorenzmaier) -- Teil A: Entwicklung und aktuelle Herausforderungen des auswärtigen Handelns der Union: Von geteilten Zuständigkeiten zu gemeinsamen Werten -- Kapitel 2. Neue Herausforderungen für die Vertragsgestaltungsbefugnisse der Union und gemeinsame Werte bei der Umsetzung ihrer Abkommen (Müller-Graff) -- Kapitel 3. Von ERTA zu Singapur - und darüber hinaus (Vedder) -- Kapitel 4. Ausschließliche und geteilte Zuständigkeiten nach dem Singapur-Gutachten des Europäischen Gerichtshofs - 2/15 Revisited (Lorenzmaier) -- Kapitel 5. Gemischte Abkommen nach dem EuGH-Gutachten 2/15 zum Freihandelsabkommen EU-Singapur (Kumin) -- Kapitel 6. Der sektorale Ansatz EU-Schweiz unter Druck - nicht zuletzt wegen des Brexit (Tobler) -- Kapitel 7. Die Ratifizierungsgeschichte des Assoziierungsabkommens EU-Ukraine: Some Lessons for the Practice of Mixed Agreements (van Elsuwege) -- Teil B: EU Cooperation with its Eastern Neighborhood and Eurasia: Shared Values v. Closer/Remote Integration -- Kapitel 8. Herausforderungen bei der wirksamen Umsetzung des Assoziierungsabkommens zwischen der EU und der Ukraine in die ukrainische Rechtsordnung (Petrov) -- Kapitel 9. Auswirkungen des Assoziierungsabkommens zwischen der EU und Georgien auf die Rechtsordnung Georgiens (Gabrichidze) - Kapitel 10. Grundsätze und Werte des fairen Wettbewerbs in der EU und ihren Assoziierungsabkommen mit der Ukraine, Moldawien und Georgien (Smyrnova) - Kapitel 11. Die verstärkte Partnerschaft zwischen der EU und Kasachstan: Ein Überblick und eine Bewertung (Kembayev) -- Kapitel 12. - Umfassendes und vertieftes Partnerschaftsabkommen zwischen der EU und Armenien: Ein neues Instrument zur Förderung der Werte der EU und der allgemeinen Grundsätze des EU-Rechts (Khvorostiankina) -- Kapitel 13. Schweinefleisch, Frieden und Prinzipien: Die Beziehungen zwischen der EU und der Eurasischen Wirtschaftsunion (Dragneva) - Kapitel 14. Die EU und Russland: Alte Rechtsgrundlagen für neue Beziehungen des "ausgewählten Engagements" (Kalinichenko) -- Kapitel 15. Die EU und Belarus. Aktuelle und zukünftige vertragliche Beziehungen (Karliuk) - Kapitel 16. Schlussfolgerung (Lorenzmaier/Petrow).
    Abstract: Das Buch enthält Beiträge von 18 Autoren aus verschiedenen Ländern und analysiert die jüngste Rechtsprechung des EuGH zu den Außenkompetenzen der Europäischen Union. Es befasst sich mit den Auswirkungen der EU-Werte auf ihre Beziehungen zu den östlichen Nachbarländern. Der erste Teil konzentriert sich auf die Entwicklung und die aktuellen Herausforderungen des außenpolitischen Handelns der Europäischen Union, während der zweite Teil die Zusammenarbeit der EU mit ihren östlichen Nachbarn und Eurasien darstellt. Das Buch befasst sich mit den Assoziierungsabkommen mit den Ländern der Östlichen Partnerschaft mit den östlichen Nachbarländern und Eurasien, den erweiterten Partnerschaftsabkommen in den östlichen Nachbarländern und im postsowjetischen Raum sowie den derzeitigen und künftigen vertraglichen Beziehungen zur Eurasischen Wirtschaftsunion und ihren Mitgliedstaaten. This book is a translation of an original German edition. The translation was done with the help of artificial intelligence (machine translation by the service DeepL.com). A subsequent human revision was done primarily in terms of content, so that the book will read stylistically differently from a conventional translation.
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  • 43
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031378447
    Language: English
    Pages: 1 Online-Ressource(XXV, 276 p.)
    Edition: 1st ed. 2023.
    Series Statement: Global Issues
    Parallel Title: Erscheint auch als
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    Parallel Title: Erscheint auch als
    Keywords: Political science. ; Law ; Law ; Religion and law. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law.
    Abstract: INTRODUCTION:THE WEST AND ISLAM: JURIDICAL CATEGORIES IN A TRANSITIONAL GLOBAL SCENARIO -- CHAPTER I: SOVEREIGNTY AND UNIVERSALISM AFTER WESTPHALIA -- CHAPTER II: THE LEVIATHAN AND THE CALIPH BETWEEN AUTHORITY AND LAW -- CHAPTER III: LAW, SHARĪʿA AND HUMAN REASON -- CHAPTER IV: SPIRITUAL COMMAND AND TEMPORAL RULE -- CHAPTER V: ENTERING INTO A DIALOG: FROM THEORY TO PRACTICE -- CONCLUSION: NEW JURIDICAL INSTRUMENTS FOR A NEW WORLD.
    Abstract: This comparative philosophy of law book aims at formulating a new analytical approach to the Islamic legal tradition based on ‘juridical categories’, a concept that facilitates comprehension and understanding of juridical phenomena. Building upon legal comparativism and legal pluralism, this project intends to avoid bias caused by universalizing Western categories when analyzing foreign juridical notions, which inevitably results in the miscomprehension of non-Western ideas and institutions. Unlike existing literature, this project will not focus on substantive comparisons between normative contents, but on the ‘juridical perspectives’ that helped to shape the Islamic and Western legal orders. The book focuses on the most relevant juridical questions regarding the Islamic and Western legal perspectives, such as the different visions regarding juridical spatiality, the role of human reason and the relationship between law, man and the divinity. While contributing to legal philosophy, this work intends also to develop and define a new interdisciplinary approach, aiming to provide a starting point for novel analyses in research fields such as legal comparativism, legal pluralism, and constitutional law. Finally, by formulating a new interdisciplinary approach, it will provide a foundational discussion of a continuously evolving subject that will never be exhaustively explored. As such, it aims at broadening scholarly reflections on the relationship between the West and Islam, eventually placing these concepts within a suitably comprehensive and contextualized framework. "Published in cooperation with gLAWcal - Global Law Initiatives for Sustainable Development, Hornchurch, Essex, United Kingdom".
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  • 44
    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
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    Parallel Title: Erscheint auch als Bolz, Anna A regulatory framework for the art market?
    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
    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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  • 45
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031453472
    Language: English
    Pages: 1 Online-Ressource(X, 136 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Palgrave Studies in Classical Liberalism
    Parallel Title: Erscheint auch als
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    Keywords: Political science. ; Law ; Law ; Political science
    Abstract: Chapter 1: Reintroducing Ronald Dworkin’s Life and Philosophy -- Chapter 2: Dworkin on Constitutional Democracy -- Chapter 3: Assessing the Legacy of Racism and Identity Politics -- Chapter 4: Birth, Love, Life and Their Value- Chapter 5: Dworkin on Distributional Equality -- Chapter 6: Reading Dworkin Against Post-Liberalism.
    Abstract: This book covers how liberal institutions – constitutional democracy, economic markets, liberal courts, free trade, international human rights – around the world are under assault by the political right and we are witnessing the emergence of post-liberal institutions. These post-liberal institutions are founded on the core conviction that the actions of liberal institutions including the courts and justice system are patently unjust. Liberalism is said to be too nihilistic, too individualistic, too liberal on lifestyles, not committed enough to basic freedoms like free speech, too egalitarian, too cosmopolitan, too elitist to meet society’s needs and advance the common good. This volume makes the case against post-liberal courts and justice by reconnecting to the liberal principles of moral equality and dignified freedom for all. It provides an accessible reintroduction to the work of Ronald Dworkin. Dworkin was one of the most important liberal legal and political thinkers of the past century. The intention of the authors is to show how there is great untapped potential in the work of Ronald Dworkin’s work to guide the thinking of progressive liberals through the great issues of the day and respond to the contemporary criticisms of the political right. The core themes are concretely illustrated by focusing on some of the most controversial issues before the Supreme Court, ranging from election funding to abortion, race-sensitive affirmative action, and barriers to equality of opportunity. Lesley A. Jacobs is Professor & Vice-President of Research & Innovation at Ontario Tech University and Professor at York University, Canada. Matthew McManus is Lecturer in Political Science, University of Michigan, USA.
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  • 46
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031153891
    Language: English
    Pages: 1 Online-Ressource(XIII, 351 p. 23 illus., 20 illus. in color.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
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    Keywords: International relations. ; Herrschaftssystem ; Internationales politisches System ; Bipolarität ; Rivalität ; Internationale Politik ; Drittland ; Strategie ; Außenpolitik ; Neutralismus ; China ; USA ; Erde
    Abstract: China-US Strategic Competition: Impact on Small and Middle Powers in Europe and Asia -- US-China Strategic Competition in the Context of the Global Covid-19 Pandemic -- U.S.-China Strategic Competition in Each Domestic Context -- Strategic Choices for Switzerland in the US-China Competition -- The China Nudge: Naivety, Neutrality and Non-alignment in Sweden -- Continuity and change in Italy-China relations: From economic pragmatism to selective followership and back -- China and Germany after the 2021 Election: Between Continuity and Increasing Confrontation -- The UK’s response to the challenge of managing its relationships with China and the USA -- Navigating and Riding the Double Bind of Economic and Political Hedging: Japan and the US-China Strategic Competition -- Explaining Korea’s Positioning in the US-China Strategic Competition -- Taking side with the US against China? An analysis of the Taiwanese Choice -- Other Countries are Small Countries, and That’s Just a Fact: Singapore’s Efforts to Navigate the US-China Strategic Rivalry.
    Abstract: “This edited volume is a collection of chapters by noted scholars of US-China relations as well as regional experts on Europe and East Asia. It makes a major contribution to our understanding of the impacts of great power competition on the middle powers in the two most important and dynamic areas of the world. All chapters are clearly written and original, providing fresh and unique insights into the complicated issues in the contemporary world. Strongly recommended for anyone who is interested in the great power relations and regional dynamics in Asia and Europe.” --Suisheng Zhao, Professor, Josef Korbel School of International Studies, University of Denver, and Editor of Journal of Contemporary China. “Focusing on two uniquely important countries, the US and China, and the spillover effects of their competition on middle powers and smaller states in Europe and East Asia, the contributors have produced a volume that offers valuable comparative insights and fresh perspectives on the defining great power competition of our era.” --Jacques deLisle is Professor of Law and Political Science, and Director of the Center for the Study of Contemporary China, at the University of Pennsylvania Carey Law School, USA. This open access edited book brings together a closer examination of European and Asian responses to the escalating rivalry between the US and China. As the new Cold War has surfaced as a perceivable reality in the post-COVID era, the topic itself is of great importance to policymakers, academic researchers, and the interested public. Furthermore, this manuscript makes a valuable contribution to an under-studied and increasingly important phenomenon in international relations: the impact of the growing strategic competition between the United States and China on third parties, such as small and middle powers in the two arguably most affected regions of the world: Europe and East Asia. Simona A. Grano is Senior Lecturer and Director of the Taiwan Studies Project at the University of Zurich. David Wei-Feng Huang is Associate Research Fellow at Academia Sinica, Taiwan.
    Note: Open Access
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  • 47
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031227431
    Language: English
    Pages: 1 Online-Ressource(XVI, 291 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Philosophy and Politics - Critical Explorations 24
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Political science—Philosophy. ; Social sciences—Philosophy. ; Law—Philosophy. ; Political science. ; Political science. ; Social sciences ; Law
    Abstract: Introduction -- Political Legitimacy Under Epistemic Constraints -- An Epistemic Reading of the Ideal of Co-Authorship -- Justification Under Nonideal Circumstances: Reflective Agreement and Relational Liberalism -- The Ideal of Public Justification Revisited -- Compromises for a Pluralistic World -- A Case Study: Extending Marriage Rights to Same-Sex Couples -- Conclusion.
    Abstract: This book investigates the unresolved issue of democratic legitimacy in contexts of pervasive disagreement and contributes to this debate by defending a relational version of political liberalism that rests on the ideal of co-authorship. According to this proposal, democratic legitimacy depends upon establishing appropriate interactions among citizens who ought to ascribe to one another the status of putative practical and epistemic authorities. To support this relational reading of political liberalism, the book proposes a revised account of the civic virtue of reasonableness along with an investigation of the epistemic-specific dimension of political equality. By engaging with political epistemology and social theory, this book explores ways to address inherent tensions within the liberal paradigm, using the following strategies of addressing these tensions: first, it defends a twofold model of legitimacy that distinguishes the goals, methodologies, and justificatory tasks of both ideal and nonideal phases of the two-level justificatory framework; second, it contends that democratic legitimacy requires an engaged and contextual critical appraisal of the injustices that characterize our daily social lives, illustrating how structural forms of injustice represent a profound betrayal of the liberal ideal of democratic legitimacy.
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    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031181191
    Language: English
    Pages: 1 Online-Ressource(XXVI, 387 p. 28 illus., 23 illus. in color.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Europe—History. ; Law—History. ; Criminology—History. ; Finance. ; History. ; World politics. ; Law ; Criminology ; Europe
    Abstract: Chapter 1. Introduction. “Tax predators” rather than “ tax havens”: new perspectives on the history of the international tax evasion and avoidance market (Sébastien Guex) -- Part I. Emergence and Expansion of Tax Havens -- Chapter 2. The Emergence and Expansion of Tax Havens, 1850-2000: Insights From a New Dataset (Sébastien Laffite).-Chapter 3. Emergence and Expansion of the Swiss Tax Haven: The Tax Privileges for Rich Foreigners in the Canton of Vaud, 1840-1959 (Vivien Ballenegger) -- Chapter 4. Emergence of, and Threats to, the Belgian Tax Haven during La Belle Epoque, 1890-1914 (Simon Watteyne) -- Chapter 5. The Oil Multinational Shell. A History of Tax Dodging via Tax Havens, Political Pressure and Other Ways, 1914-1974 (Tijn van Beurden) -- Chapter 6. Swedish Emigration to Switzerland in the 1960s-1980s Period: Tax Exile and Settlement Choices (Thibaud Giddey and Mikael Wendschlag) -- Chapter 7. The Rise of Tax Havens and Conduit Countries From the Early 2000s (Arjan Lejour) -- Chapter 8. Luxury Freeports as Purpose-Built Conduits for Tax Evasion, 1990-2020 ( Chloe Fyfe) -- Part II. Tax Evasion: Extent, Causes, and Conflicts -- Chapter 9. Income Tax Evasion and Avoidance in Germany, 1850-1920 (Marc Buggeln) -- Chapter 10. Volume, Social Distribution, and the Instrumentalisation of Tax Evasion in Switzerland: the Case of Zurich, 1860-1945 (Sylvain Praz) -- Chapter 11. War Profits and Tax Evasion. Italian Fiscal Policies in the First World War and After the War, 1915-1924 (Fabio Ecca) -- Chapter 12. Tax Compliance in a Crisis: Evidence from the Great Depression, 1929-1936 (Sacha Dray) -- Part III. Fighting Tax Evasion and Tax Havens -- Chapter 13. Criminalizing Tax Evasion in France, Early 19th century-2008 (Katia Weidenfeld) -- Chapter 14. “These Patriots who Misuse the Law”: The Background to the United Kingdom’s Anti-Tax Haven Legislation of 1936 (James Hollis) -- Chapter 15. Tax Evasion as Seen by French Tax Administrations from the 1920s to the 1970s: Pragmatism in Action (Béatrice Touchelay) -- Chapter 16. Detecting Ordinary Tax Evaders: the Example of the 1945 National Solidarity Tax in France (Isabelle Rabault-Mazières) -- Chapter 17. Tax Education After WWII: How Spain, the USA and West Germany Tried to Make Their Citizens Pay Honestly (Korinna Schönhärl, Nasrin Düll, Nadya Melina Ramírez Lugo).
    Abstract: “This book is a brilliant collection of case studies depicting an in-depth overview of the origins of tax evasion and tax havens in select countries in Europe during the nineteenth and twentieth centuries. It does an excellent job in enhancing our understanding of the history of tax havens and its link to capitalist globalisation.” —Aretha Campbell, author of Money Laundering, Terrorist Financing, and Tax Evasion (Palgrave, 2021) “This book is the very best in-depth historical study we have of tax evasion and tax havens, and the related development of modern states, over the period since globalisation gathered momentum in the late nineteenth century.” —W. Elliot Brownlee, Department of History, University of California, Santa Barbara This collective book offers a panorama of the history of tax evasion, tax avoidance and tax havens from the nineteenth century to the present day, based on the latest research in contemporary history. It aims to show that this phenomenon is at the heart of global capitalism, partly as a response of the ruling classes to the rise of progressive taxation, but for other reasons too: notably the development of a powerful tax evasion and avoidance industry in different countries. The book argues that tax competition between states has stimulated the development of tax havens. It discusses the notion of the ‘tax haven’ and proposes a more rigorous concept - that of the ‘tax predator’. Finally, the book sheds light on the socio-political conflicts that have developed around tax evasion and the way in which states have fought against or tolerated the phenomenon. Sébastien Guex is Full Professor of History at the University of Lausanne, Switzerland. His research interests lie in social, economic and political history, and he has studied public finance, taxes, and tax havens - in particular the Swiss tax haven. He is a member of the federal commission in charge of the publication of the Diplomatic Documents of Switzerland series. Finally, he is one of the founders, in 2002, of one of the most influential NGOs on tax policy at the international level, the Tax Justice Network (TJN). Hadrien Buclin is a part-time Lecturer at the University of Fribourg, Switzerland. He was also, in 2017-2019, a visiting research fellow at Paris 1 University. His research focuses on the social and political history of Switzerland in the twentieth century. He is the author of Les intellectuels de gauche: critique et consensus dans la Suisse d’après-guerre (1945-1968) (2019), as well as several scientific papers.
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    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031376122
    Language: English
    Pages: 1 Online-Ressource(XV, 294 p. 7 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Global Foreign Policy Studies
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International relations. ; Herrschaftssystem ; Internationales politisches System ; Bipolarität ; Internationale Politik ; Geopolitik ; USA ; China ; Erde
    Abstract: 1. Introduction: Rethinking and Reframing the Great Power Rivalry -- 2. US-China Relations: From Engagement to Competition -- 3. South Asia in U.S.-China Great Power Competition -- 4. The Material and Ideational Forces Behind Japan’s Shifting Identity in the Face of the China-US Rivalry -- 5. From Hedging to Balancing: Australia’s China Policy and Implications for US-China Rivalry -- 6. The Kingmaker’s Conundrum: South Korea Navigating the Sino-US Peer Competition -- 7. ASEAN’s Agency amid U.S.-China Rivalry: Small-State Hedging across the Twin Chessboards -- 8. Last Among Unequals: Russia and the Contemporary Great Power Rivalry -- 9. New Europe on the New Silk Road: Central, East and Southeast Europe amid US-China Rivalry -- 10. The EU's Strategic Readjustment and its Impact on US-China Relations -- 11. Never Going to Let You Go: The Middle East, Great Power Competition, and the Rise of China -- 12. Stoking the US-China Rivalry: Zimbabwe and the Internationalization of its Anti-Sanctions Agenda -- 13. Latin America’s Role in the Great Power Competition -- 14. Managing the Sino-American Arctic Rivalry -- 15. Conclusion. .
    Abstract: Great power competition is back on the world stage, and today’s international system is home to regional influences on great power relations that cannot be ignored. The United States’ unipolar moment is long over, and China’s hegemonic ambitions find expression in a comprehensive global competition with the US that plays out across multiple spheres of world politics. The US-China rivalry can be felt in geostrategic, economic, governance, diplomacy, intelligence, and technological spheres, to name a few. Most accounts of China-US relations in the context of great power conflict emphasize the many ways in which this rivalry has a ripple effect across the globe, with an impact upon the relations and interests of smaller powers. And while these effects are considerable and important, this book contends that attention must also be paid to the ways in which smaller, regional states have the potential to shape this great power rivalry. Put simply, great powers both shape, and are shaped by, smaller states. Any understanding of contemporary great power relations between the US and China requires both a top down, but also a bottom up consideration of the interplay between great powers and regional ones. Often the interests of regional powers are rooted in domestic considerations such as their identities and national interests, and these influences transcend borders and often have an impact upon the great powers. This book considers these smaller, regional actors and attempts to measure the extent to which they influence the US-China rivalry. For this study, constructivist theory, which prioritizes the agency that regional powers enjoy, is loosely used as a tool to enable a more robust and comprehensive understanding of the influences on the contemporary great power relationship. Each of the book’s chapters represents a region, or part of a region, that enjoys a considerable impact upon US-China relations. Kari Roberts is Associate Professor of Political Science and Chair of the Department of Economics, Justice, and Policy Studies at Mount Royal University (MRU). She is also a Coordinator of the North American and Arctic Defence and Security Network (NAADSN). Saira Bano is an Assistant Professor in the Department of Philosophy, History, and Politics at Thompson Rivers University (TRU) in Kamloops, British Columbia. Her research focuses on the nuclear non-proliferation regime, nuclear weapons issues in South Asia and IR theories.
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  • 50
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031462467
    Language: English
    Pages: 1 Online-Ressource(VIII, 189 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Palgrave Socio-Legal Studies
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law and the social sciences. ; Domestic relations. ; Family policy. ; Human rights. ; Law ; Law ; Interpretation, Literary.
    Abstract: 1. Introduction -- 2. From the Romans to the heroic monstrous: Folkloric demons, tricksters, and changelings -- 3. Legislative reform, social justice, heroic ‘orphans’ and the rise of human rights -- 4. Fairy tales, Secrecy, shame, and stigma -- 5. Conclusion. Legal Fictions, Dystopian Truths .
    Abstract: This book critically analyses the way in which traditional sociocultural and legal biases might be perpetuated against those with unknown – or unknowable – genetic ancestries. It looks to law and works of literature across differing eras and genres focussing upon such concepts as inherited stigma, illegitimacy, orphanisation, adoption, othering, reunion, and the ‘right’ to access truths that relate to one’s original identity. Law’s role in such matters is often limited (or usurped) by custom, practice, or lingering superstitious beliefs; the importance of oral and written testimony is therefore highlighted. Characters include abandoned or orphaned figures from folk and fairy tales, Romantic and Victorian monsters and heroes, Dickensian waifs, Edwardian rescue orphans, and dystopia-set ‘rebels.‘ Their insights and experiences are mirrored in various present day scenarios that speak to familial human rights abuses, not least forced adoptions and bars on accessing original information. This cross-disciplinary book drawing on Law, Literature, Sociology, Critical Adoption Studies should be of interest to those interested in and those who have been affected in some way by adoption, origin deprivation, or reunion. Alice Diver is Lecturer in Family Law at The School of Law, Queen’s University, Belfast, Northern Ireland. .
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    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031270154
    Language: English
    Pages: 1 Online-Ressource (XXIX, 332 p. 6 illus.)
    Series Statement: Palgrave Studies in Economic History
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: China—History. ; Asia—Economic conditions. ; Economic history. ; Economic development. ; China ; Asia ; The Imperial Mode of China ; Chinese economic history ; China's dynastic cycles ; modernisation ; historical materialism ; institutional analysis ; agricultural economy ; the rise of the West
    Abstract: Part I. Origins 1 -- Introduction 2 -- A Historical Pattern: The Imperial Mode of China 3 -- The Empire-building in the Pre-Qin Period 4 -- Ideas Matter: Profound Thought in the Pre-Qin Period Part II. Trajectories -- 5. Adolescence of the Imperial Mode 6 -- Maturity: The Tang-Song Transition 7 -- Mismatch: The Ossifying Institutions 8 -- Beginning Modernization: The Late Qing and the Republican Period 9 -- Zigzag Modernization in Communist China Part III. "Aufheben" -- 10. The Rise of the West: What Happened and How 11 -- China’s “Peculiarities”: Why China Declined and Rebounded 12 -- To Understand China: The Past and the Future.
    Abstract: Utilising Marxian, Weberian, and institutionalist approaches, this book proposes a new theoretical framework for understanding the nature of Chinese economic history: the ‘imperial mode’ of China. The book aims to innovatively apply a cohesive historical materialist framework to the economic evolution of China, while at the same time offering micro-analysis of China’s institutions throughout its history. Taking a long-run perspective, from ancient China up until the present, the book aims to show how Chinese economic history can be viewed as a dynamic evolutionary process consisting of various stages. The first part of the book lays out the imperial mode as a mode of production based on China’s agricultural economy, with a structure consisting of a central authority, the bureaucratic system, and the peasantry. The second part then chronologically examines the different dynasties through this analytical lens and suggests ways in which China’s resistance to institutional changes in the early modern period has had long-lasting consequences for its economic development. The book goes on to show how the imperial mode is able to facilitate the agricultural economy, but did not foster the modern commercial and industrial economy. It integrates modern China into the long wave of economic history, showing how this imperial mode still exerts influence on China’s current path of development, as well as introducing a new way of understanding communist China from a historical perspective. This book will have interdisciplinary appeal for researchers and students of economic history, economic development, the history of China, economic sociology, and social history more broadly. George Hong Jiang is an assistant researcher in the School of Economics at Peking University and also a visiting researcher in the Max Weber Institute of Sociology at Heidelberg Universität. He was previously a postdoctoral fellow in the Department of Sociology at the University of Cambridge. He got a doctoral degree in macroeconomics at the Department of Economic Policy and Quantitative Methods, J. W. Goethe Universität Frankfurt.
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  • 52
    ISBN: 9783031249389
    Language: English
    Pages: 1 Online-Ressource (XIX, 280 p. 9 illus., 3 illus. in color.)
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Development economics. ; Economic development. ; Law. ; Developing economies ; Global economy ; Artificial intelligence ; Digital technology ; Globalization ; Law ; Regulation ; Political polarization ; Konferenzschrift
    Abstract: Chapter 1: Introduction -- Chapter 2: Property of the Social Media Data -- Chapter 3: “A Giant Glob of Oily Ambiguity”: On the Use of the Concept of Power in Economics -- Chapter 4: Temptation and Crime -- Chapter 5: Moral Costs of Corruption: A Review of the Literature -- Chapter 6: Reason-Giving and Rent-Seeking -- Chapter 7: Pandemic Preparedness and Response: Advancing Research, Development, and Ethical Distribution of New Treatments and Vaccines -- Chapter 8: Law and Industrial Policy in the Age of (de)Globalization: The Perspective of IP Protection -- Chapter 9: Neither Crime nor (much) Punishment: India’s Cartel Penalty Practices -- Chapter 10: Legal Challenges for Corporations in the 21st Century.
    Abstract: This book is a major stocktaking of law and economics in the context of developing and emerging economies, and in the light of the dramatic changes in the global economy that we have witnessed in recent years. The rise of artificial intelligence, digital technology, and mega platforms that collect data and facilitate trade is changing the landscape of economics. Rapid globalization has created new challenges for law and regulation, since increasingly contentious cases arise which span multiple countries and several legal jurisdictions. All these changes are giving rise to new problems in developing countries where many people lead precarious lives anyway, healthcare is minimal, and corruption widespread. Alongside these global developments, the discipline of law and economics is also undergoing profound changes, making us re-think some of the founding assumptions of the subject. Kaushik Basu is Professor of Economics and the Carl Marks Professor of International Studies in the Economics Department and the SC Johnson College of Business, Cornell University, USA. From 2012 to 2016 he was Chief Economist of the World Bank. Prior to that, from 2009 to 2012, he was Chief Economic Advisor to the Government of India. Educated at St. Stephen’s College, Delhi, and the London School of Economics, Basu has published extensively in development economics, game theory, welfare economics and industrial organization. His recent books include The Republic of Beliefs: A New Approach to Law and Economics (published in 2018) and Policymaker’s Journal: From New Delhi to Washington, D.C. (published in 2021). Ajit Mishra teaches at the University of Bath, UK. Educated at the Delhi School of Economics, he has been actively engaged in research and lecturing in development economics, public economics, and economic theory. He has taught at various institutions in India and the UK. He served as the Director of the Institute of Economic Growth, India. Besides papers in leading journals, he has edited two books: Economics of Corruption and Markets, Governance and Institutions. He is an Associate Editor of the Journal of Economic Behavior and Organization.
    Note: "This book is based on the IEA Roundtable on Law and Economic Development held on January 21-23, 2021 - hosted jointly by Cornell Research Academy of Development, Law, and Economics (CRADLE), University of Bath and the Institute of Economic Growth (IEG)." - Seite v
    URL: Cover
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  • 53
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031313035
    Language: English
    Pages: 1 Online-Ressource(XVII, 236 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Recovering Political Philosophy
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Political science—Philosophy. ; Law—Philosophy. ; Law—History. ; Political science. ; Political science ; Law ; Law
    Abstract: Chapter 1. Reverence and the Politics of Authority -- Chapter 2. Plato’s Laws and the Enigma of Godlikeness -- Chapter 3. Classical Utopianism in Plato’s Laws -- Chapter 4. The Athenian’s Rehabilitation of Tragedy -- Chapter 5. Reverence and the Disunity of Political Virtue -- Chapter 6. Epilogue.
    Abstract: “The Reverent City is among the best studies of Plato’s Laws. Ballingall argues convincingly that reverence or awe plays a far greater role in classical political thought than is ordinarily understood.” —Mark Lutz, Director, Society for Greek Political Thought and Associate Professor of Political Science, University of Nevada, Las Vegas, USA “A subtle and penetrating interpreter of Plato, Ballingall shows that Plato’s Laws has important lessons to teach our irreverent age. This is a book for serious students of Plato, but also for those concerned about the drift of our politics away from all things respectful and reverent.” –Devin Stauffer, Professor and Associate Chair, Department of Government, University of Texas at Austin, USA “Ballingall’s astute study of Plato’s Laws addresses the puzzles and covers all the aspects of reverence while offering a thoughtful tribute to this unlikely friend of reason.” –Harvey C. Mansfield, Kenan Professor of Government, Harvard University, USA This book offers an original interpretation of Plato’s Laws and a new account of its enduring importance. Ballingall argues that the republican regime conceived in the Laws is built on "reverence," an archaic virtue governing emotions of self-assessment—particularly awe and shame. Ballingall demonstrates how learning to feel these emotions in the right way, at the right time, and for the right things is the necessary basis for the rule of law conceived in the dialogue. The Laws remains surprisingly neglected in the scholarly literature, although this is changing. The cynical populisms haunting liberal democracies are focusing new attention on the “characterological” basis of constitutional government and Plato’s Laws remains an indispensable resource on this question, especially when we attend to the theme of reverence at its core. Robert Ballingall is Assistant Professor of Political Science at the University of Maine, USA. Previously, he was a postdoctoral fellow in the Program on Constitutional Government at Harvard University and Allan Bloom Memorial Postdoctoral Fellow for Research in Classical Political Thought at the University of Toronto, where he also earned his PhD.
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  • 54
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031346057
    Language: English
    Pages: 1 Online-Ressource(XIII, 239 p. 2 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Worlds of Consumption
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: History, Modern. ; Asia ; China ; Art ; Civilization
    Abstract: Chapter 1: Introduction -- Chapter 2 : China’s Art Market before 1978 -- Chapter 3: Gradualist Market Reform and Unofficial Art Movements (1980s) -- Chapter 4: Private Entrepreneurship and the Commercialization of Art (1990s) -- Chapter 5: “Soft Power” Strategy, Wealth Creation and Art Consumerism (2000s) -- Chapter 6: Digitalization, the Rise of Chinese Collectors and the Nation-wide Art Boom (2010s) -- Chapter 7: Pandemic, Exceptional Recovery and the Ultra Wealthy in China -- Chapter 8: A Trend Towards Pluralism and Inclusion -- Chapter 9: Conclusion.
    Abstract: This book examines the rising global prominence of China’s art market throughout the twentieth and twenty-first centuries. To understand the far-reaching impact of Chinese art on global consumption, this book traces the shift from regional markets to global markets. It asks how the Chinese art market re-emerged from its politicized past, innovated within the private economy boom, remained resilient despite the global financial crisis, and flourished on the global stage despite the COVID-19 pandemic. Ultimately, it argues that cultural entrepreneurship enabled Chinese art professionals to reinvent their space and to participate in the global artworld. Li Ma is a research scholar and co-founder of Sage Creative Foundation, a think tank for cultural entrepreneurship.
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    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031215841
    Language: English
    Pages: 1 Online-Ressource (XXIX, 312 p. 46 illus., 42 illus. in color.)
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als Abegaz, Berhanu Understanding economic transitions
    RVK:
    RVK:
    Keywords: Economics. ; Economic development. ; Economic history. ; Comparative government. ; Economic Systems ; Varieties of economic systems ; Transition economy ; plan-market mixes ; post-socialist transition ; New Globalization ; Russia ; China ; Vietnam ; Poland ; Comparative Economics
    Abstract: PART ONE: THEORIES OF COMPARATIVE ECONOMICS -- 1. Economic Systems -- 2. Economic Planning in Various Settings -- PART TWO: TWO CANONICAL STATE SOCIALISMS -- 3. The Soviet CPE I: The Process of Planning -- 4. The Soviet CPE II: The Process of Implementation -- 5. The Chinese CPE: Planning in an Industrializing Economy -- PART THREE: SYSTEMIC TRANSITION IN THEORY AND PRACTICE -- 6. The Market-oriented Transition: Theory -- 7. The Isolationist Russian Road to Capitalism -- 8. The Nationalist Chinese Road to Capitalism -- 9. Two Integrationist Variants: Poland and Vietnam -- PART FOUR: TRANSITION UNDER THE NEW GLOBALIZATION -- 10. Market Integration in the Age of Global Value Chains -- 11. The Developmental State and Political Capitalism -- 12. Comparative Economics Redux.
    Abstract: Understanding Economic Transitions explains the genesis, operation, and transformation of the centrally-planned socialist economy, which figured prominently in the lives of billions of people in twentieth-century Europe and Asia. Just as importantly, the centrally-planned socialist economy’s demise coincided with the shift from nonindustrial to industrial economy (and de-industrialization in some cases) and the onset of ICT-driven globalization. Using theory, empirics, and selected country case studies, this book teases out the enduring lessons from the myriad and fraught pathways of transition from socialism to capitalism. Understanding Economic Transitions provides a self-contained, comprehensive, and authoritative treatment of modern economic systems. This textbook has four features of particular use to students: (i) Using the prism of comparative institutionalism, it melds theory and evidence to revisit the varieties of planned and market-driven systems today; (ii) It takes economic planning seriously in theory and practice (central, cooperative, or indicative) as the most prominent marker of the ever-changing boundaries between state and market; (iii) It focuses on the dynamics of systemic transition in formerly socialist countries by contextualizing them in terms of the whence (central planning), the how (modalities of transition), and the whither (illiberal or liberal capitalism) of politico-economic transformation; and (iv) It examines the profound impact on these structural processes of the post-1990 phase of economic globalization. With its clear, comprehensive content and useful pedagogical features, this textbook will prepare students to understand how economies transition and why. Berhanu Abegaz is Professor of Economics at William & Mary. He specializes in comparative economics, institutional economics, and development economics. He is the author of four books and two edited volumes on the subjects of economic planning, late industrialization, regional economic integration, and state formation.
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  • 56
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031128332
    Language: English
    Pages: 1 Online-Ressource(XXII, 625 p. 8 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Palgrave Modern Legal History
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law—History. ; Great Britain—History. ; History, Modern. ; Archaeology. ; Cultural property. ; Great Britain ; Law
    Abstract: 1. Treasure Trove: Dream and Metaphor -- 2. ‘That Dark Permanence of Ancient Forms’ -- 3. Treasure Trove in Early Victorian Ireland and Scotland -- 4. Conversaziones -- 5. Of Angels and Half-Angels -- 6. The View from the Gloriette I -- 7. The View from the Gloriette II -- 8. The Royal Rummager of Dustbins: Scotland, 1859-2003 -- 9. ‘Archaeological Objects’: Ireland, 1860-2014; Northern Ireland, 1921-97 -- 10. ‘Finding is the First Act’.
    Abstract: This book examines treasure law and practice from the rise of the new science of archaeology in the early Victorian period to the present day. Drawing on largely-unexamined state records and other archives, the book covers several legal jurisdictions: England and Wales, Scotland, Ireland pre- and post-independence, and post-partition Northern Ireland. From the Mold gold cape (1833) to the Broighter hoard (1896), from Sutton Hoo (1939) to the Galloway hoard (2014), the law of treasure trove, and the Treasure Act 1996, are considered through the prism of notable archaeological discoveries, and from the perspectives of finders, landowners, archaeologists, museum professionals, collectors, the state, and the public. Literally and metaphorically, treasure law is revealed as a ground-breaking chapter in the history of the legal protection of cultural property and cultural heritage in Britain and Ireland. “Norma Dawson was Professor of Law at Queen’s University Belfast (QUB), UK from 1995 to 2019. She is Professor Emeritus at (QUB), an honorary Bencher of the Inn of Court (N.I.), Honorary Professor at the University of Edinburgh, and a past president of the Irish Legal History Society.”.
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  • 57
    ISBN: 9783031328596
    Language: English
    Pages: 1 Online-Ressource (XXXIV, 567 p. 1 illus.)
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Finance—Law and legislation. ; Law—Europe. ; Financial services industry. ; Finance ; Law ; Bank safety net ; Global Financial Crisis ; international financial standards ; Basel Committee on Banking Supervision ; Banking Union ; European Banking Regulation ; EU Banking Law
    Abstract: Part I: Theory Of Banking Regulation And International Financial Standards -- Chapter 1: The Case for Banking Regulation -- Chapter 2: Key Aspects of Public International Financial Law – International Financial Standards -- Chapter 3: Key Institutional Aspects of the International Financial Architecture and an Interim Assessment -- Part II: European Banking Regulation (Law): Definition, Evolution And Sources -- Chapter 4: Definition and Evolution up to the Creation of the Banking Union -- Chapter 5: Developments after the Establishment of the Banking Union -- Chapter 6: The Legislative Acts which constitute the Sources of EU Banking Law -- Part III: European Banking Regulation (Law): Key Institutional Elements -- Chapter 7: The European Banking Authority (EBA) and its (Significant) Role in the Law-Making Process -- Chapter 8: The Single Supervisory Mechanism (SSM) -- Chapter 9: The Single Resolution Mechanism (SRM).
    Abstract: In two volumes, this book covers in a comprehensive, internally balanced, systematic and detailed way the field of European Union (EU) banking law and regulation. In three parts, Volume 1 offers a brief introduction to the role of banks in the contemporary financial system and the theory of banking regulation, a thorough analysis of international financial standards which are contained in the sources of public international banking law (and of public international financial law, in general), a detailed presentation of the gradual evolution and the sources of EU banking law, as well as a precise analysis of the law-making process and the key institutional aspects of this branch of EU economic law. The standards and rules adopted and the institutions created in the aftermath of the (2007-2009) global financial crisis and the subsequent euro area fiscal crisis, as well as during the current pandemic crisis are discussed, as appropriate. A detailed analysis of the substantive aspects of EU banking law will follow in Volume 2. Christos V. Gortsos is Professor of Public Economic Law at the Law School of the National and Kapodistrian University of Athens, Greece. He is also, inter alia, Vice-President of the Board of Appeal of the European Supervisory Authorities (ESAs); Member of the European Parliament’s expert group on banking resolution; President of the Academic Board of the European Banking Institute; Research Partner in the University Research Priority Program “Financial Regulation” of the University of Zürich; as well as Member and Academic Coordinator of the Committee on International Monetary Law of the International Law Association (MOCOMILA). With his interests revolving around international and EU monetary and financial law, financial market regulation, central banking law and institutional economics, Christos was granted the Fernand Braudel Senior Fellowship (2017-18) at the European University Institute in Florence, Italy. During the current Academic Year (2022-23) he is Visiting Scholar at the Faculty of Law of the University of Zürich and Senior Fellow at the Collegium Helveticum in Zürich.
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    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031405303
    Language: English
    Pages: 1 Online-Ressource(XV, 191 p.)
    Edition: 1st ed. 2023.
    Series Statement: East Asian Popular Culture
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Journalism. ; Popular Culture. ; Ethnology ; Culture. ; China
    Abstract: 1: Introduction: Understanding popular journalism in China -- 2: Mao’s war on popular journalism (1950s-1970s) -- 3: The day starts at 3.00pm: Evening newspapers and soft journalism (1980s) -- 4: The tabloid decades: The rise and reign of popular journalism (1990s-2000s) -- 5: The struggle for a popular critical journalism under one-Party rule -- 6: The power and limits of nationalistic popular journalism -- 7: The paradox of popularity: Popular Citizen journalism in the era of new/social media -- 8: Propaganda advances, popular journalism retreats (since the 2010s) -- 9: The uncertain future: Popular journalism and China dream.
    Abstract: This book, the first of its kind, investigates the historical trajectory and current situation of popular journalism in the People's Republic of China. Taking a popular cultural perspective, the book redefines “popular journalism” as a particular journalistic genre and media form and applies it to conceptualize popular journalism in the Chinese context. In particular, it examines how the dynamic and complex interplay of politics, the market, culture, and communication technology in shifting contexts has shaped the changing landscape of popular journalism in contemporary China. Meanwhile, regardless of how these factors might have changed over time, the fundamental nature of popular journalism as a source of fun and a troublemaker against elite powers in China, as in other places, has remained. The book further argues that the historical development of popular journalism in China forms an important and integral part of the country's social-cultural fabric and ultimately illustrates the mediated ideological and cultural struggle between popular/public and elite/state discourses in the country’s everyday social life in its challenging and discursive transition to modernity. .
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    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031377235
    Language: English
    Pages: 1 Online-Ressource(XIII, 231 p. 12 illus.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
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    Keywords: Literature, Modern ; Law ; Poetry. ; European literature.
    Abstract: 1 – Introduction -- 2 – Laws Ancient and Modern: Nation, Custom and Legislative Renewal -- 3 – One Law for the Lion and the Ox is Oppression: the Emergence of Universal Law -- 4 – One King, One God, One Law: Building Constitutions in the Lambeth Books -- 5 – The Heavens Squared by a Line: Legal Architecture and Mystery -- 6 – Such are the Laws of Eternity: Recovery, Redemption, and Prophecy -- 7 – Creating Nature from this Fiery Law: Towards Visionary Legislation? -- 8 – Conclusion.
    Abstract: This book examines the difficult relationship between individual intellectual freedom and the legal structures which govern human societies in William Blake’s works, showing that this tension carries a political urgency that has not yet been recognised by scholars in the field. In doing so, it offers a new approach to Blake’s corpus that builds on the literary and cultural historical work of recent decades. Blake’s pronouncements about law may often sound biblical in tone; but this book argues that they directly address (and are informed by) eighteenth-century legal debates concerning the origin of the English common law, the autonomy of the judicature, the increasing legislative role of Parliament, and the emergence of the notions of constitutionalism and natural rights. Through a study of his illuminated books, manuscript works, notebook drafts and annotations, this study considers Blake’s understanding that law is both integral to humanity itself and a core component of its potential fulfilment of the ‘Human Form Divine’. Matthew Mauger is Senior Lecturer in English at Queen Mary University of London, UK. His research focuses on the intellectual, literary and commercial life of London in the eighteenth century, with a particular interest in how the administrative frameworks associated with the city – civil, legal, political, financial – provide contexts for literary expression. He is co-author of Stealing Books in Eighteenth-Century London (2016) and of Empire of Tea: The Asian Leaf that Conquered the World (2015).
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  • 60
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    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031361678
    Language: English
    Pages: 1 Online-Ressource(XIII, 279 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Political Philosophy and Public Purpose
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Political science. ; Political sociology. ; Political science ; Law and the social sciences. ; Law ; Law
    Abstract: 1. Introduction Rob Hunter, Rafael Khachaturian, Eva Nanopoulos -- 2. State, Capital, Nature: State Theory for the Anthropocene Alyssa Battistoni -- 3. ‘Bursting Asunder the Integument’: Democracy, Digitalisation, and the State Dimitrios Kivotidis -- 4. Crisis, Social Reproduction, and the Capitalist State: Notes on an Uncertain Conjuncture Rafael Khachaturian -- 5. From Economic to Political Crisis: Trump and the Neoliberal State Stephen Maher and Scott Aquanno -- 6. Soldiers and the State in Marx and Engels Jasmine Chorley-Schulz -- 7. To Embrace or Reject: Marxism and the ‘War-Emergency Paradigm’ Eva Nanopoulos -- 8. Socially Reproductive Workers, ‘Life Making’, and State Repression Kirstin Munro -- 9. Social Murder: Capitalism’s Systematic and State-Organised Killing Nate Holdren -- 10. Beyond Abstractionism: Notes on Conjunctural State Theory Michael A. McCarthy -- 11. The Marx Revival and State Theory: Towards a Negative-Dialectical Critical Social Theory of the State Chris O’Kane -- 12. The Capitalist State as Historically-Specific Social Form Rob Hunter.
    Abstract: “This collection from a younger generation of scholars brings forward not only the theoretical and analytical richness of the Marxist tradition but also its indispensability for any project of radical social transformation.” — Panagiotis Sotiris, Hellenic Open University, Greece and author of A Philosophy for Communism: Rethinking Althusser (2020) “From the Covid pandemic to global warming to vulnerable supply chains, it has become commonplace to observe the ‘return of the state.’ This volume adds much-needed rigor to such discussions. There is no better moment to revisit and advance Marxist state theory.” —Thea Riofrancos, Associate Professor of Political Science, Providence College, USA “This volume contains a masterfully orchestrated set of arguments and insights for a materialist theory of the state and will undoubtedly serve as a reference point for future debate.” — Marco Goldoni, Senior Lecturer in Legal Theory, Glasgow University, UK This book builds on the recent revival of interest in Marx and Marxism, calling for a renewal and refinement of Marxist state theory. It aims to encourage new debates and critiques that build on—but also update and extend—the rich tradition of Marxist analyses of the capitalist state, including the well-known debates of the 1970s. The chapters present a dynamic and diverse constellation of arguments and perspectives on a range of topics, from general re-appraisals of the capitalist state to investigations of contemporary challenges—including digitalisation, the ecological crisis, the coronavirus pandemic, social reproduction, and critical political economy. What they share is a commitment to an understanding of the specifically capitalist character of the modern state and its significance for any serious discussion of the causes of our current age of global catastrophe and the overcoming of capitalist social relations. Rob Hunter holds a PhD in Politics from Princeton University, USA. He is a member of the Legal Form editorial collective. Rafael Khachaturian is a Lecturer in Critical Writing at the University of Pennsylvania, USA. Eva Nanopoulos is a Senior Lecturer in Law at Queen Mary, University of London UK.
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    ISBN: 9783031267161
    Language: English
    Pages: 1 Online-Ressource (XIII, 296 p. 3 illus.)
    Parallel Title: Erscheint auch als
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    Parallel Title: Erscheint auch als Sapelli, Giulio States, Markets and Wars in Global History
    Keywords: Economic history. ; Economics. ; Europe ; World history. ; geopolitics ; energy transition ; China ; Russia ; Europe ; moral economy ; Europe and the central banks ; technocracies ; global divergence
    Abstract: Introduction -- 1. The Extraordinary Changes -- 2. The Invertebrate World- 3. Theory for the New World -- 4. The Reason of State and Russia -- 5. Instability -- 6. Growing Global Divergence -- 7. Here We Go Again. - 8. The Syrian Crisis: See Between the Play of Mirrors -- 9. Economic Madness, Technocracies, and the Fable of Energy Transition -- 10. After the City in Capitalism as a Religion -- 11. The Mystical Body of Europe and the Central Banks -- 12. The Return to Moral Economy -- 13. To Conclude (in the global pandemic). .
    Abstract: This wide-ranging book focuses on the economic and political changes that have taken place between the advent of globalization and the COVID-19 pandemic and assesses how this may bring about a profound reconfiguration of the global political system. Sapelli considers a range of developments in different spheres, from international to national politics, military aggressions, and worldwide political trends such as the rise of populism, to illuminate the moment of neoliberal crisis in which we now live. He argues that Europe and its institutions in particular no longer demonstrate a model of diplomacy and statesmanship, with the rise of technocratic structures and elitism reflecting how an ideal of ‘global convergence’ towards liberalism and democracy no longer holds true. The book then considers how a new international order based on the reason of state can be brought about by global cooperation between the US, Russia and China, along with a return to properly regulated finance and a renewed focus on community in the wake of the coronavirus pandemic. The book will be of interest to those working in international economics and international relations, as well as academics of economic history and political economy. Giulio Sapelli has taught Economic History and Political Economy at universities in Europe, in two Americas, Australia and New Zealand. He has worked as a consultant and board member in industrial and financial groups. Among his latest publications is Beyond Capitalism, published by Palgrave Macmillan (2018). This book is a translation of an original Italian edition. The translation was done with the help of artificial intelligence (machine translation by the service DeepL.com). A subsequent human revision was done primarily in terms of content, so that the book will read stylistically differently from a conventional translation.
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    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031444494
    Language: English
    Pages: 1 Online-Ressource(XVII, 338 p. 10 illus., 4 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: International Political Economy Series
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als Zajontz, Tim The Political Economy of China’s Infrastructure Development in Africa
    Keywords: International economic relations. ; International relations. ; Security, International. ; Wirtschaftsbeziehungen ; Wirtschaftskooperation ; Infrastruktur ; Verkehrsinfrastruktur ; Schulden ; Tansania ; Sambia ; China
    Abstract: Chapter 1: Introduction -- Chapter 2: Chinese capital and its spatio-temporal fix -- Chapter 3: Theorising African state agency -- Chapter 4: The destiny of the Freedom Railway: From anti-imperialism to accumulation by dispossession? -- Chapter 5: Divergent state agency: Zambia’s debt impasse and Magufuli’s nationalist infrastructure state -- Chapter 6: The price of the Sino-Zambian ‘road bonanza’ -- Chapter 7: The political economy of ‘not so public’ procurement -- Chapter 8: Towards a ‘new era’ of Sino-African infrastructure cooperation.
    Abstract: “Theoretically informed and enriched by fieldwork, this book sheds light on the sometimes-murky depths of Chinese infrastructure engagement in Africa. Using Tanzania and Zambia to ground the research, Zajontz highlights the African state strategies that shaped disparate outcomes. This perceptive analysis has global implications. It will be a useful resource for scholars and policymakers trying to understand the expansion of Chinese capital across Africa, and beyond.” --Deborah Brautigam, Bernard L. Schwartz Professor of International Political Economy Emerita, Johns Hopkins University “This is one of the first studies to develop an innovative, synthetic and overarching theoretical framework to understand the Belt and Road Initiative’s operation. It demonstrates its applicability through detailed, definitive and defining empirical research. This is vital reading to understand China’s current and ongoing impacts in Africa.” --Pádraig Carmody, Professor in Geography, Trinity College Dublin “This book is a welcome addition to the China-Africa field. Empirically detailed and rich, its real strength lies in its theoretical sophistication and valuable engagement with the notion of Africa’s agency in relations with China. A compelling analysis of China’s evolving role in Africa’s infrastructure economy, the book is sure to be a landmark text in the field.” --Scarlett Cornelissen, Professor in Political Science, Stellenbosch University This book sheds light on structural drivers that led to the Chinese omnipresence in African infrastructure markets and offers a strategic-relational approach to the study of African agency in Sino-African infrastructure encounters. Case studies cover the Tanzania-Zambia Railway Authority (TAZARA), Zambia’s road sector as well as Tanzania’s Bagamoyo port and Standard Gauge Railway. It is shown that African (state) agency in the infrastructure sector is contingent upon dynamic state-society relations and distinct political-economic contexts and constraints. The book problematises contradictions related to infrastructure debt, the emergence of Sino-African public-private partnerships and the intensifying geopolitics-cum-geoeconomics of infrastructure across Africa. Tim Zajontz is Lecturer in Global Political Economy at the University of Freiburg, Research Fellow in the Centre for International and Comparative Politics at Stellenbosch University and Research Associate in the Second Cold War Observatory.
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    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031094132
    Language: English
    Pages: 1 Online-Ressource(XVI, 283 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Springer eBook Collection
    Parallel Title: Erscheint auch als Zhou, Jinghao, 1955 - Great Power Competition as the New Normal of China–US Relations
    Keywords: International relations. ; Herrschaftssystem ; Internationales politisches System ; Hegemonie ; Rivalität ; Internationale Politik ; Position ; Großmacht ; Internationaler Konflikt ; Politisches Interesse ; Außenpolitik ; Interessenkonflikt ; Wettbewerb ; Competition ; Diplomatic relations ; China ; USA ; China ; United States
    Abstract: Chapter 1: Introduction -- Chapter 2: U.S. Engagement Strategy Partially Failed -- Chapter 3: Nature of the Great Power Competition -- Chapter 4: Real Trap of China-U.S. Relations -- Chapter 5: Intention of Chinese Policymakers: Cultural Source of the Great Power Competition -- Chapter 6: China’s Global Expansion and the International Institutions -- Chapter 7: China’s Core Interests vs. American Vital Interests -- Chapter 8: War Is Not Imminent During the Great Power Competition -- Chapter 9: Great Power Competition in the Post-Pandemic Era. .
    Abstract: Will China–U.S. relations come back to the normal track? Does the confrontational approach work for China–US relations? This book argues that it is an unrealistic hope to bring China–US relations back to the so-called normal track because the great power competition will be a new normal of China–US relations and the USA will gain more from strategic competition than cooperation in the long run. This book shows that the strategy of “great power cooperation through competition” is more positive and constructive than the approaches of “peaceful coexist” and “maximum pressure.” This book does not intend to provide policy recommendations for governments to consider, but mainly to explain why the great power competition is inevitable and why it is necessary to continuously work with China in some areas through strategic competition. This book alarms the importance of understanding the nature of the Chinese Communist Party during the great power competition and aims to motivate both sides to revisit their foreign policy practice and come up with a better foreign policy strategy of handling China–US relations. Jinghao Zhou is Associate Professor of Asian Studies at Hobart and William Smith Colleges in New York, USA. His research focuses on Chinese ideology, politics, religions, and US–China relations. He has five books published which are as follows: Why Is the China Model Losing Its Power? (2020), Chinese vs. Western Perspectives: Understanding Contemporary China (2014), China’s Peaceful Rise in a Global Context: A Domestic Aspect of China’s Road Map to Democratization (2010), Remaking China’s Public Philosophy and Chinese Women’s Liberation: The volatile mixing of Confucianism, Marxism, and Feminism (2006), and Remaking China’s Public Philosophy for the Twenty-First Century (2003).
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    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031180262
    Language: English
    Pages: 1 Online-Ressource (XVIII, 300 p. 35 illus., 33 illus. in color.)
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International economic relations. ; Economic development. ; Economics. ; International relations. ; China ; Latin America ; Regional order ; Global order ; Trade ; Infrastructure ; Finance ; Economic growth ; Aufsatzsammlung
    Abstract: Chapter 1. Introduction (Alessandro Teixeira and Aaron Schneider) -- Part I. Sectoral and Historical Issues. ­Chapter 2. History: The Long Trajectory of a Relationship Yet to be Fulfilled (Rafael R. Ioris and Marco Cepik) -- Chapter 3. Chinese Economic Policy: Internationalization in LAC and Future Perspectives (Mathilde Closset, Cecilia Plottier and Zebulun Kreiter). – Chapter 4. Chinese Economic Development: Impact on LAC countries (Menghuai Xiang and Mingyuan Li) -- Chapter 5. Chinese Foreign Policy: Context, Decision, and Implementation (Marco Cepik and Cui Shoujun) -- Chapter 6. Infrastructure: The Belt and Road Initiative in Latin America (Alessandro Teixeira and Nicolas Azocar) -- Chapter 7. Trade: Competition or Complementarity? (Alessandro Teixeira, Wenying Chen, and Zhengyu Jiang) -- Chapter 8. Geopolitics: China, US, and Latin America - Conflict, Competition, or Collaboration? (Louis W. Goodman and Aaron Schneider) -- Part II. Regional and National Questions -- Chapter 9. Central America (Aaron Schneider and Henrique Estides Delgado) -- Chapter 10. The Mexico-Queretaro Train, Dragon Mart, and the Ups and Downs of the Mexico-China Trade Relation (Luz María Gallardo Castro and Juan Carlos Morales Marcucci) -- Chapter11. Sino-Brazilian Relations (Jorge Arbache and Gabriel Condi) -- Chapter 12. A Comparative View of Chinese Relations with Peru (Alvin Camba and Victoria Chonn Ching).
    Abstract: “The extraordinary expansion of China’s ties to Latin America marks a turning point in the region’s engagement in the international arena, and this timely volume illuminates the implications across key countries and sub-regions as well as different economic and strategic domains.” —Eric Hershberg, Professor of Government, American University “This volume not only presents a rich and comprehensive analysis of China-Latin American relations, it also offers important insights into China’s overall economic, foreign policy and geopolitical strategies and limitations as an emerging global power. Required reading for anyone interested in a deep and contextual analysis of China and world order.” —Amitav Acharya, Distinguished Professor of International Relations, American University “The volume makes an important contribution to the literature on China’s rising power behavior in one of the most important regions of the world. Strongly recommended for anyone who is interested in Chinese foreign policy, great power relations, and regional dynamics in Latin America.” —Suisheng Zhao, Professor, Josef Korbel School of International Studies, University of Denver, and Editor of Journal of Contemporary China This book offers accounts of the ways in which Chinese engagement with Latin America will shape the regional and global order. The historical, sectoral, regional, and national stories told here seek to change the narrative on China-Latin American relations. In particular, the book argues that there is room for cooperation between the US, China, and Latin American nations towards development, peace, and equity. Alessandro Golombiewski Teixeira is Professor of Public Policy at School of Public Policy and Management at Tsinghua University and Professor of International Business at Schwartzman College, Tsinghua University, China. Aaron Schneider is Leo Block Professor of International Studies at the University of Denver, United States.
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    ISBN: 9783031204555
    Language: English
    Pages: 1 Online-Ressource (XIX, 276 p. 30 illus., 28 illus. in color.)
    Series Statement: Palgrave Studies in Economic History
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: China—History. ; Economic history. ; Economics. ; Marxian school of sociology. ; China ; political economy of reforms ; Post-Mao era ; social classes ; state capitalism in China ; history of class consciousness in China ; China's developmental path ; Workers' protests ; Chinese economic reforms ; economic efficiency
    Abstract: 1. Introduction -- 2. Theories and Methodology Applied -- 3. The Case of E Group Corporation – An SOE in Sichuan, post-1949 -- 4. Workers’ Returning to a Proletarian Position in post-1978 -- 5. Nostalgia” and “Protests”: Class Consciousness and Class-for-itself -- 6. Reconstruction of Classes and Class Society in China 7. Final Conclusions -- 8. Appendices.
    Abstract: This path-breaking book unveils the true colour of China’s dominant socio-economic structure today. The author’s unique case study convincingly demonstrates the propeller behind China’s recent ‘miracle growth’. With this book, a new line of investigation can be expected to better understand post-Mao China. - Professor Kent Deng, London School of Economics, UK Shan Huang's study uses unique, in depth field research of the lives of workers in a state enterprise and their perception of their changed economic and political status over the era of the economic reforms since the 1980s. This work is based on intimate engagement with a specific case study, offering new insights into the development of modern China. - Professor Kerry Brown, King’s College London, UK This book comprehensively investigates the position of China’s working class between the 1980s and 2010s. It argues the case that, far from the illusion during the Maoist period that a new society had been established where the working classes held greater political and economic autonomy, economic reforms in the post-Mao era have led to the return of traditional Marxist proletariats in China. The book demonstrates how the reforms of Deng Xiaoping have led to increased economic efficiency at the expense of economic equality through an extensive case study of an SOE (state-owned enterprise) in Sichuan Province as well as wider discussions of the emergence of state capitalism on both a micro and macroeconomic level. The book also discusses workers’ protests during these periods of economic reform to reflect the reformation of class consciousness in post-Mao China, drawing on Marx’s concept of a transition from a ‘class-in-itself' to a ‘class-for-itself’. Shan Huang is a Fellow at the United Nations Development Programme in New York and a PhD candidate at King's College London, focusing on the political economy of China and Chinese economic and social history. .
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    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031217142
    Language: English
    Pages: 1 Online-Ressource(XIV, 353 p. 10 illus., 4 illus. in color.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
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    Keywords: United States—History. ; Medicine—History. ; Law—History. ; Social history. ; World politics. ; Race. ; United States ; Law ; Medicine
    Abstract: Chapter 1.Introduction -- Chapter 2.“Friendless and Homeless:” The Gold Rush to 1870 -- Chapter 3. “A Sin and a Shame:” Regional Institutional Development in the Late 19th Century -- Chapter 4. “Helpless and Delinquent”: The Los Angeles Psychopathic Association -- Chapter 5. “The Thankless Task:” Parole, Eugenics; and the Institutionalization of the Addicted -- Chapter 6. “Their Responsibility:” From the Great Depression to the Birth of the Community Clinic -- Chapter 7. “To Promote Mental Health:” The Bureaucracy of Disability at Midcentury -- Chapter 8. “Whistling in the Dark:” California’s Politics of Disability Transformed -- Chapter 9. California after the Lanterman-Petris-Short Act -- Conclusion.
    Abstract: This book explores the political, legal, medical, and social battles that led to the widespread institutionalization of Californians with disabilities from the gold rush to the 1970s. By the early twentieth century, most American states had specialized facilities dedicated to both the care and the control of individuals with disabilities. Institutions reflect the lived historical experience of many Americans with disabilities in this era. Yet we know relatively little about how such state institutions fit into specific regional, state, or local contexts west of the Mississippi River; how those contexts shaped how institutions evolved over time; or how regional institutions fit into the USA’s contentious history of care and control of Americans with mental and developmental disabilities. This book examines how medical, social, and political arguments that individuals with disabilities needed to be institutionalized became enshrined in state law in California through the creation of a “bureaucracy of disability.” Using Los Angeles County as a case study, the book also considers how the friction between state and county policy in turn influenced the treatment of individuals within such facilities. Furthermore, the book tracks how the mission and methods of such institutions evolved over time, culminating in the 1960s with the birth of the disability rights movement and the complete rewriting of California’s laws on the treatment and rights of Californians with disabilities. This book is a must-read for those interested in the history of California and the American West and for anyone interested in how the intersections of disability, politics, and activism shaped our historical understanding of life for Americans with disabilities. Eileen V. Wallis is Professor of History at California Polytechnic State University, Pomona, in Pomona, California, USA. Her research focus is the late nineteenth- and early twentieth-century American West, with a focus on California. She is particularly interested in the intersections of race, gender, disability, and class, and the ways in which those variables interacted with structures of power during the Progressive era. .
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    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031315312
    Language: English
    Pages: 1 Online-Ressource(XI, 309 p.)
    Edition: 1st ed. 2023.
    Series Statement: Palgrave Studies in Literature, Culture and Human Rights
    Parallel Title: Erscheint auch als
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    Keywords: Law—History. ; Comparative literature. ; Literature. ; World politics. ; Drama. ; Law
    Abstract: Chapter 1: Introduction: Slavery and the Forensic Theatricality of Human Rights in the Spanish Empire -- Part I: Slavery, Theatricality and Human Rights in the Spanish Empire -- Chapter 2: Slavery and Human Rights in the Spanish Empire -- Chapter 3: Allegorical Theatricality: Horror and Human Rights in Bartolomé de las Casas’ Atrocity Story A Short Account of the Destruction of the Indies -- Part II: Comic Modes of Theatricality and Human Rights in Sixteenth- and Seventeenth Century Spain -- Chapter 4: Carnivalesque Theatricality: Defeat, Revenge and Collective Rights in Micael de Carvajal’s Court of Death and the Tragedy of Atawallpa’s Death -- Chapter 5: Tragicomic Theatricality: Forensic Presentism and a Dual Vision of Rights in Lope de Vega’s The New World Discovered by Christopher Columbus -- Part III: Tragic Modes of Theatricality and Human Rights in Nineteenth Century Cuba -- Chapter 6: Melodramatic Theatricality: Tableaux of Natural Rights and Interracial Solidarity in Gertrudis Gómez de Avellaneda’s Sab -- Chapter 7: Tragic Theatricality: Vulnerability and Rights in Juan Francisco Manzano’s Autobiography of a Slave and Zafira -- Chapter 8: Epilogue: Forensic Theatricality and Human rights .
    Abstract: This book is a study of the forensic theatricality of human rights claims in literary texts about slavery in the sixteenth and the nineteenth century in the Spanish Empire. The book centers on the question: how do literary texts use theatrical, multisensorial strategies to denunciate the violence against enslaved people and make a claim for their rights? The Spanish context is particularly interesting because of its early tradition of human rights thinking in the Salamanca School (especially Bartolomé de Las Casas), developed in relation to slavery and colonialism. Taking its point of departure in forensic aesthetics, the book analyzes five forms of non-narrative theatricality: allegorical, carnivalesque, tragicomic, melodramatic and tragic. Karen-Margrethe Simonsen is Associate Professor of Comparative Literature at Aarhus University, Denmark. .
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    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031239182
    Language: English
    Pages: 1 Online-Ressource(XVII, 269 p. 23 illus., 17 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Entangled Memories in the Global South
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Asia—History. ; Japan—History. ; China—History. ; Collective memory. ; World War, 1939-1945. ; History, Modern. ; Asia ; Japan ; China
    Abstract: 1 Engaging with War Memory: Legacies of East Asian Conflicts, 1930-1945 – Eveline Buchheim and Jennifer Coates -- 2 Encountering Stories: Victimhood, Aggression, and Multidirectional Memory in Japan in the Early 1990s – Aomi Mochida -- 3 Displaying the past in and for the present: The exhibition ‘The Indies under Japanese occupation’ (1946/1947) and Dutch collective memories of the Japanese occupation of Indonesia – Caroline Drieënhuizen -- 4 Towards a Borderless Memory of Hiroshima: From Victimhood to Witness Culture in the 75 years of Peace Declarations – Luli van der Does -- 5 Camouflaged War Heritage: Differing Narratives and Accessibility at Brecciated War Heritage Sites in Kyoto, Japan – Oliver Moxham -- 6 National narratives and individual agency in the Kamioka POW Camp: negotiating the power relations above and below ground – Ernestine Hoegen -- 7 Beyond the “Hell-ship” Experiences: Former Okinawan POWs Visit Hawai’i after 72 Years – Kaori Akiyama -- 8 Tintin, Hergé and Japan. Framing war in East Asia in West-European comics – Kees Ribbens -- 9 A Sense of a Memory: Prosthetic War Memories Among the Japanese Cinema Audience – Jennifer Coates -- 10 Contextualizing Cow: War Atrocities in Twenty-First-Century Chinese Movies of the Second Sino-Japanese War – Timothy Y. Tsu -- 11 Approaching War Memory and Representation – Eveline Buchheim.
    Abstract: This book explores how narratives, exhibitions, media representations, and cultural heritage sites that communicate memories of conflicts in East Asia between 1930 and 1945 spread, interact, and are re-packaged for post-war audiences across national divisions. The contributors examine individual case studies of grassroots engagement with war memory, and collectively demonstrate the necessity of remaining aware of the researcher as participating in another kind of engagement with war memory. Contributions showcase a number of ways of doing research on war memory, alongside case studies from diverse regions of the world. Taken together, they bring a fresh perspective to scholarship on war memory, which has tended to focus on space, text, exhibition, or personal narrative, rather than bringing these elements into dialogue with one another. Eveline Buchheim is Senior Researcher at the NIOD Institute for War, Holocaust and Genocide Studies in Amsterdam, the Netherlands. Jennifer Coates is Senior Lecturer in Japanese Studies at the University of Sheffield, UK. .
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  • 69
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    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031400377
    Language: English
    Pages: 1 Online-Ressource(IX, 114 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Politics and Development of Contemporary China
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Asia ; China ; Political science. ; Executive power. ; World politics. ; Ethnology ; Culture. ; Kommunistische Partei ; Ideologie ; Loyalität ; Identitätsentwicklung ; Soziale Kontrolle ; Indoktrination ; China
    Abstract: Chapter 1: Introduction: China’s National Self, President Xi Jinping, and the Realization of the Chinese Dream -- Chapter 2: Anti-corruption Forever: Discipline and Loyalty -- Chapter 3: Loyalty Toward State and Nation: Top-level design and “Moral Careers” -- Chapter 4: Loyalty to the Nation: Lunar and Martian exploration for Lasting Greatness -- Chapter 5: Post-Zero-Covid Policy: Limits to Loyalty on the Horizon?
    Abstract: This book analyses the ideology that China's leader Xi Jinping has crafted during his decade in power. China’s political system and domestic and foreign policies have, between 2012 and 2022, become more defined by the political thought of Xi Jinping, the most powerful leader of the Chinese Communist Party since the time of Mao Zedong. Today, Xi’s China is embroiled in superpower rivalry with the United States and its allies. Therefore, ongoing ideological transformation in the People’s Republic is destined to have global repercussions. Yet surprisingly, the ideological mission of Xi Jinping is poorly understood. Based on analysis of Xi Jinping’s collected speeches, the book argues that China’s new state ideology is constructed around the three key concepts of loyalty, discipline, and greatness. Xi’s mission is about ideological re-orientation and re-activation, as well as organizational innovation, seeking to frame China’s “national self” as a collective unit under one political banner and one leader. However, despite the monumental Party-state effort to boost the new ideology and state-scripted “moral careers”, the book contends that Xi Jinping cannot take for granted that political and patriotic loyalty will forever trump the formation of “disloyal moral careers” in society. Johan Lagerkvist is Professor of Chinese Language and Culture at Stockholm University, Sweden and Senior research fellow at the Swedish Institute of International Affairs.
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  • 70
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    Cham : Springer International Publishing | Cham : Imprint: Springer VS
    ISBN: 9783031275913
    Language: German
    Pages: 1 Online-Ressource(X, 261 S. 2 Abb., 1 Abb. in Farbe.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als Bieber, Florian, 1973 - Einheit und Vielfalt in der Europäischen Union
    Keywords: Europe ; Political science. ; Law ; Peace. ; Friedens- und Konfliktforschung ; International law ; International relations ; Internationales Recht ; LAW / International ; POL058000 ; POLITICAL SCIENCE / International Relations / General ; POLITICAL SCIENCE / Public Policy / General ; Political structure & processes ; Politics & government ; Politik und Staat ; Zentralregierung ; Europa
    Abstract: 1. Einführung -- 2. Regime der Diversität -- 3. Diversität in der Europäischen Union -- 4. Annäherung an den Ausgleich von Vielfalt in der EU -- 5. Einheit und Vielfalt durch EU-Institutionen und -Verfahren -- 6. "Europa" als Symbol - Symbole für Europa -- 7. Ausgrenzung und Zugehörigkeit: Die Ambiguitäten der Unionsbürgerschaft -- 8. Das allmähliche Entstehen europäischer Minderheitenrechte -- 9. Schlussfolgerungen -- Epilog.
    Abstract: In diesem Buch wird untersucht, wie die Europäische Union auf die Herausforderung der Vielfalt reagiert hat. Dabei wird die EU als ein komplexes Gemeinwesen betrachtet, das neue Wege gefunden hat, um der Vielfalt gerecht zu werden. Ein Großteil der Literatur über die EU versucht, sie als einen einzigartigen Fall von Zusammenarbeit zwischen Staaten zu identifizieren, der über die klassische internationale Zusammenarbeit hinausgeht. In diesem Band wird argumentiert, dass es für das Verständnis der Bemühungen der EU um den Umgang mit der Vielfalt unter ihren Mitgliedern und Bürgern effektiver ist, die EU als Staat zu betrachten. Die Autoren räumen zwar ein, dass der EU wichtige Aspekte der Staatlichkeit fehlen, zeigen aber, dass die Betrachtung der Bemühungen der EU um ein Gleichgewicht zwischen Vielfalt und Einheit durch die Brille der Staatspolitik ein fruchtbarer Weg ist, um die Union zu verstehen. Anstatt die EU als etwas Unvergleichliches und Einzigartiges zu begreifen, das weder eine internationale Organisation noch ein Staat ist, wird in dem Buch argumentiert, dass die EU als ein Gemeinwesen verstanden werden kann, das viele Ansätze und Strategien mit komplexen und vielfältigen Staaten teilt. Die Bemühungen der EU um den Aufbau politischer Strukturen, die der Vielfalt Rechnung tragen, sind daher lehrreich für andere Staaten dieser Art. Die Erfahrungen der EU tragen dazu bei zu verstehen, wie Staaten und andere Gemeinwesen auf die Herausforderungen der Vielfalt reagieren können, einschließlich der Vielfalt der konstituierenden Einheiten oder der subnationalen Gruppen und Identitäten. Florian Bieber ist Professor für Südosteuropäische Geschichte und Politik an der Karl-Franzens-Universität Graz, Österreich. Roland Bieber ist emeritierter Professor für Europarecht an der Universität Lausanne, Schweiz. Dieses Buch ist eine Übersetzung einer englischen Originalausgabe. Die Übersetzung wurde mit Hilfe von künstlicher Intelligenz (maschinelle Übersetzung durch den Dienst DeepL.com) erstellt. Eine anschließende Überarbeitung erfolgte durch die beiden Autoren. .
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    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031387159
    Language: English
    Pages: 1 Online-Ressource (XI, 276 p. 13 illus., 6 illus. in color.)
    Series Statement: International Political Economy Series
    Parallel Title: Erscheint auch als The political economy of chinese FDI and spillover effects in Africa
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International economic relations. ; Economic development. ; Finance. ; China ; Africa ; Foreign direct investment ; Development ; Spillover effects ; Linkages formation ; Aufsatzsammlung
    Abstract: Chapter 1. Introduction and overview -- Chapter 2. Spillovers and the effects of FDI: The overview -- Chapter 3. China–Africa spillovers: The literature review -- Chapter 4. Eurocentrism, FDI and spillovers: Conceptual and methodological challenges -- Chapter 5. Institutional and cultural obstacles of Chinese spillover effects in Angola -- Chapter 6. The institutional and political dimensions of FDI spillovers in Zambia -- Chapter 7. Chinese investors in Zambia and Angola: Motives, Profile, Strategies -- Chapter 8. Chinese manufacturing companies in Zambia: Linkages vs. enclaves -- Chapter 9. Image of Chinese Investments and long-term projects in African and Chinese Media.
    Abstract: This is a timely addition to the literature on China’s economic relations with African countries, as hopes have run high that Chinese investments will kick-start Africa’s industrialisation. The volume shows that foreign capital might be a necessary but not a sufficient condition for the structural transformation of African economies, making it an insightful read – sadly the last one co-edited by Ian Taylor. —Tim Zajontz, Lecturer in Global Political Economy, University of Freiburg This is a much-needed book in the China-Africa space and the larger field of African Political Economy. The book comprehensively contextualises and analyses Chinese FDI in Africa within the context of the continent’s pursuit of structural economic transformation. Underpinned by robust research and insightful case studies that provide valuable perspectives, it is a must-read for scholars, researchers, policymakers, and practitioners. —Mandira Bagwandeen, University of Cape Town What are the impacts of Chinese investment in Africa? Is it transforming economic development on the continent? This book is different from many other studies of this issue, as it unpacks the ‘black box’ of technological and learning spillover effects from Chinese firms to others. Rather than using econometric tools, which has now become a standard approach and come with their own set of challenges, the authors investigate the interactions between Chinese investors and African firms in terms of the transfer of technology and learning and explain why such interactions are rare. Only by understanding the reasons behind this rarity can approaches be developed to promote spillovers. Dominik Kopiński is Associate Professor in the Institute of Economics at the University of Wroclaw, Head of the International Economic Relations Department, and Cofounder of the Polish Centre for African Studies. Pádraig Carmody lectures in Development Geography at Trinity College Dublin, Ireland. Ian Taylor was Professor in International Relations and African Political Economy at the University of St Andrews and also Chair Professor in the School of International Studies, Renmin University of China. .
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  • 72
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    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031041181
    Language: English
    Pages: 1 Online-Ressource (xxvi, 499 Seiten) , Illustrationen, Diagramme
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Europe—History—476-1492. ; Europe—History—1492-. ; Law—History. ; Economic history. ; Europe ; Law ; Europe ; Aufsatzsammlung
    Abstract: Part 1: Why and How Risk is Shared -- 1. Introduction: Sharing Risks, on Averages and Why they Matter; Maria Fusaro -- 2. General Average and All the Rest: The Law and Economics of Early Modern Maritime Risk Mitigation; Ron Harris -- 3. Risky Narratives: Framing General Average into Risk-Management Strategies (13th-16th Centuries); Giovanni Ceccarelli -- Part 2: Origins and Variants of Mutual Protection -- 4. General Average in Byzantium; Daphne Penna -- 5. Rules and Practices of General Average in the Islamic Mediterranean on the Eve of the Emergence of the Italian Communes; Hassan Khalilieh -- 6. Principles and Developments of General Average: Statutory and Contractual Loss Allowances from the Lex Rhodia to the Early Modern Mediterranean; Andrea Addobbati -- Part 3: The Iberian Experience -- 7. The ‘Mutualisation’ of Maritime Risk in the Crown of Castile, 1300-1550; Ana María Rivera Medina -- 8. General Average, Compulsory Contributions and Castilian Normative Practice in the Southern Low Countries (Sixteenth Century); Gijs Dreijer -- 9. The Nautical Republic of the Carrera de Indias: Commerce, Navigation, Casos Fortuitos and Avería Gruesa in the Sixteenth Century; Marta García Garralón -- Part 4: The Genoese Experience -- 10. General Average in Genoa: Between Statutes and Customs; Antonio Iodice -- 11. The Economic Structure of Maritime Trade Calling at the Port of Genoa through the Analysis of General Average Data (16th-17th centuries); Luisa Piccinno -- 12. Financing and Risk in Genoese Maritime Trade during the Eighteenth Century: Strategies and Practices; Andrea Zanini -- Part 5: Mature Systems -- 13. Divide and Rule: Risk Sharing and Political Economy in the Free Port of Livorno; Jake Dyble -- 14. GA Adjustments in Amsterdam: Reinforcing Authority through Transparency and Accountability (late Sixteenth - early Seventeenth Century); Sabine Go -- 15. ‘The Honour of Giving my Opinion’: General Average, Insurance and the Compilation of the Ordonnance de la Marine of 1681; Lewis Wade.
    Note: Open Access
    URL: Volltext  (kostenfrei)
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  • 73
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    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031186592
    Language: English
    Pages: 1 Online-Ressource(IX, 458 p. 11 illus.)
    Edition: 1st ed. 2023
    Series Statement: Palgrave studies in international relations
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    RVK:
    RVK:
    RVK:
    Keywords: Globalization ; International organization ; International relations ; World politics ; Postkommunismus ; Internationales politisches System ; Weltordnung ; Großmacht ; Politischer Wandel ; Revisionismus ; Außenpolitik ; Änderung ; Strategie ; China Foreign relations ; Russia (Federation) Foreign relations ; Russland ; China ; Westliche Welt
    Abstract: Part I: Introduction -- Chapter 1: Enduring Rivals: The Return of Great Power Politics between Russia, China and the West -- Part II: Theory of International Order Building and Revisionism -- Chapter 2: Falling Short: International Order and Revisionism in IR Theory -- Chapter 3: Strategic Choices: Neoclassical Realist Model of Order and Revisionism -- Part III: Western Triumph & Non-western Accommodation in the 1990s -- Chapter 4: False History: Globalization of the US-led Liberal West and its Delusions -- Chapter 5: Russia’s Fall: Resentful Accommodation to Grim Post-Cold War Realities -- Chapter 6: China’s Rise: Strategic Accommodation to Post-Cold War Opportunities -- Part IV: Western Crisis & Anti-western Revisionism From the Late 2000s -- Chapter 7: Return of History: Outgrowth amidst Erosion of the US-led Liberal Order -- Chapter 8: Russia’s Nightmare: Destructive Revisionism for Great Power Survival -- Chapter 9: China’s Dream: Constructive Revisionism for “Great Rejuvenation” -- Part V: Conclusion -- Chapter 10: Geopolitical Realities: The Case for Neo-Containment against Russia and China.
    Abstract: This book analyzes Russian and Chinese revisionism in the face of US and Western post-Cold War liberal international order building and asks why both powers have turned revisionist in the late 2000s. The study develops a neoclassical realist model of international order building and contestation and posits to view revisionism as a strategic choice. States go revisionist if the status quo international order threatens their vital security needs (broadly defined not only as territorial security, but also political, economic, normative and ontological) and if they have the means to challenge the undesirable status quo. Russia and China were both unhappy with the post-Cold War international order of American designs, but had to opt for accommodation in the 1990s and early 2000s (“strategic accommodation” in the Chinese case, “resentful accommodation” in the Russian case), before revisionism became even more of a necessity and a real policy option from the late 2000s onward (“constructive revisionism” in the Chinese case, “destructive revisionism” in the Russian case). The author calls for a policy of neo-containment to counter Moscow’s and Beijing’s efforts to game and erode the international order. Gerlinde Groitl is Associate Professor of International Politics and Transatlantic Relations at the University of Regensburg, Germany.
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  • 74
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    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031453991
    Language: English
    Pages: 1 Online-Ressource(VIII, 292 p.)
    Edition: 1st ed. 2023.
    Series Statement: Legal Studies in International, European and Comparative Criminal Law 9
    Parallel Title: Erscheint auch als The challenges of illegal trafficking in the Mediterranean Area
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law ; Criminal law ; Criminal law. ; Organized crime. ; Transnational crime.
    Abstract: Introduction 1 The illicit trades of people and goods in the Mediterranean and the transnational criminal organizations -- Section I – Jurisdictional issues -- 2 Territorialising the extraterritorial: the role of “suppression” conventions -- 3 Adjudicative Jurisdiction for crimes at sea: an international law perspective -- 4 Coercive powers and jurisdiction on the high seas to combat human smuggling -- Section II – Migrant smuggling -- 5 Anti-smuggling penal policies: a cross-national exploration -- 6 Facilitation of irregular immigration vs. organised smuggling of migrants: is this dichotomy relevant to the interpretation of Italian criminal law? -- 7 Challenging the hostile environment for search and rescue at sea: reflections from the Sea Watch litigation -- Section III – Human trafficking and labour market -- 8 The Problems of trafficking in human beings in Spain. Criminal regulations and Jurisprudential treatment -- 9 Organised crime, illicit manpower brokerage and recent Italian legislation -- 10 International and domestic perspectives to combat gangmaster systems -- Section IV – Traffickings of goods and human organs -- 11 Soft drugs and organized crime: a problematic relationship -- 12 Trafficking in cultural property. An evolving international legal framework -- 13 The criminal policy on trafficking in cultural goods14 Trafficking in human organs – a Portuguese perspective.
    Abstract: The book deals with illicit trafficking in the Mediterranean, seen as a borderline issue between mobility and security under a strongly interdisciplinary approach. The opening part is dedicated to issues that transversally concern illegal trafficking: criminological, criminal law, criminal procedure, but also international law issues. This part presents a kind of general theory of illegal trafficking, showing its recurring aspects and identifying the legal and criminal-political issues that would be best addressed by a unified approach to the matter. The other parts are devoted to presenting, instead, a special part overview of illegal trafficking. The second and the third section are devoted, in particular, to illegal traffics having human beings as their objects. More specifically, the second part examines smuggling of migrants, which has a central - criminological and criminal-political - relevance among the illegal traffics taking place in the Mediterranean. The third part deals with the neighbouring theme of human trafficking, especially in its connection with the problem of labour exploitation. Finally, the fourth part focuses on some trafficking in goods, offering a selected and representative overview of some of the most significant forms that such trafficking can take: tobacco trafficking, drug trafficking and trafficking in cultural goods.
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    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031076749
    Language: English
    Pages: 1 Online-Ressource(XVIII, 218 p. 18 illus., 12 illus. in color.)
    Edition: 1st ed. 2022.
    Series Statement: Springer Series on Asian Criminology and Criminal Justice Research
    Parallel Title: Erscheint auch als Ma, Tian Contesting crimmigration in post-Hukou China
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Crime—Sociological aspects. ; Corrections. ; Punishment. ; Psychology. ; Criminology. ; Hochschulschrift ; China ; Hukou ; Migration ; Kriminalisierung ; Kriminalität ; Macht ; Polizei ; Überwachung ; Verurteilung ; Strafe ; Strafvollzug ; Regierung
    Abstract: Introduction: the Great Migration and Hukou -- Theorising migration and crime in China -- Researching Legal Elites and Power in China -- Policing -- Prosecution and Sentencing -- Prison -- Contesting Crimmigration in Post-hukou China -- Governing mobility in the post-hukou era.
    Abstract: This book focuses on the criminalization trend and process regarding the internal migration in contemporary China from the perspective Law-in-Action. In Chinese society today, internal migrants are commonly perceived as criminals. Crimmigration, a global term that communicated the convergence of the criminal legal system and the immigration enforcement system, manifest itself in China’s hukou-based (also known as the household registration system) criminal legal system. How hukou has been constructed into the concept of Crimmigration in China strikes at the core of the ultimate questions of this book: who is being criminalized, how does the political-economic-cultural institution known as ‘hukou’ shape the criminal justice process, and how has the role of hukou changed over time in the ever-changing process? Drawing on interviews with migrant leaders, police, prosecutors, criminal lawyers & judges, and prison staff in Yangtze River Delta, China, this book reflects on a historical development on hukou and its function in social control. Each chapter contributes to an extended analysis of pragmatic aspects of decision-making moments in the criminal justice system. This book will appeal to criminology researchers and students with in interest in law, politics, migration, and citizenship in contemporary China. Newly challenges parallels between hukou-based criminal justice system and Crimmigration in the developed countries; First systematic and holistic picture of Law-in-Action in urban China from unique access to government staff; Little scholarship on internal migration, particularly in the North, thus will contribute to growing the scope of Chinese migration studies.
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    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783030907044
    Language: English
    Pages: 1 Online-Ressource(XVI, 188 p.)
    Edition: 1st ed. 2022.
    Series Statement: Springer Series on Asian Criminology and Criminal Justice Research
    Series Statement: Springer eBook Collection
    Parallel Title: Erscheint auch als Ghazi-Tehrani, Adam K. Wayward dragon
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: White collar crimes. ; Criminology. ; Organized crime. ; China ; Wirtschaftskriminalität ; Korruption ; Medien ; Zensur
    Abstract: Chapter 1: An Overview of White-Collar and Corporate Chime in China -- Chapter 2: Comparative Criminology and White-Collar Crime -- Chapter 3: Corruption in China -- Chapter 4: Case Studies -- Chapter 5. Domestic, Regional, and Global Consequences -- Chapter 6: Conclusion.
    Abstract: Ghazi-Tehrani and Pontell’s important book offers a comparative analysis of white collar crime in China. Featuring a treasure trove of white-collar crime case studies and situated in the broader criminological literature, the book is a must-read for anyone interested in corruption, corporate crime, comparative criminology and Chinese law and society. - Benjamin van Rooij, Chair in Law and Society, University of Amsterdam, Global Professor of Law, University of California, Irvine, USA My book of the year, and perhaps the decade. Well written, edgy, theoretical, and disturbing, it illuminates how white-collar and corporate crime have been silent companions of China’s glamorous economic growth over the past four decades. - Liqun Cao, Professor, Ontario Tech University, Ontario, Canada This book provides a novel criminological understanding of white-collar crime and corporate lawbreaking in China focusing on: lack of reliable official data, guanxi and corruption, state-owned enterprises, media censorship, enforcement and regulatory capacity. The text begins with an introduction to the topic placing it in global perspective, followed by chapters examining the importance of comparative study, corruption as a major crime in China, case studies and etiology, domestic, regional and global consequences, and concluding theoretical and policy issues that can inform future research. Adam K. Ghazi-Tehrani is Assistant Professor of Criminal Justice at the University of Alabama. He has written extensively on white-collar crime in China, cybercrime and hate crime and serves on the Executive Board of the Division of White-Collar and Corporate Crime of the American Society of Criminology. He received his Ph.D. from the University of California, Irvine. Henry N. Pontell is Distinguished Professor of Sociology at John Jay College of Criminal Justice, and Professor Emeritus at the University of California Irvine. An internationally recognized scholar, his research on white-collar crime includes studies in China and countries throughout Asia. He is a past president of the Western Society of Criminology and vice-president of the American Society of Criminology, and is a fellow of both organizations.
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    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031122590
    Language: English
    Pages: 1 Online-Ressource (xv, 275 Seiten) , Diagramme
    Edition: 1st ed. 2022
    Series Statement: Springer eBook collection
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International relations. ; Europe—Politics and government. ; Comparative government. ; Asia—Politics and government. ; Regionalism. ; Außenpolitik ; Internationale Politik ; Staatensystem ; Gemeinsame Außen- und Sicherheitspolitik ; Strategie ; Entwicklung ; Tendenz ; Deutschland ; Frankreich ; Großbritannien ; China
    Abstract: This book explores the foreign and security policies of Germany, France and the UK vis-à-vis China. Despite the progress made by the Lisbon Treaty and notwithstanding the first EU Global Strategy, the European Union does not have a strategy to address the rise of China. Since this strategic deficit does not automatically reflect the level of EU member states, this book argues that the vacuum at EU level provides member states with an opportunity to fill this gap. By assuming that an increase in national policies on China would eventually lead to a comprehensive European strategy for China, the author focuses on the three biggest European countries and looks at the rise of China to understand the development of the EU's Common Foreign and Security Policy vis-à-vis the PRC. While the CFSP depends on the contribution of EU member states, their role in shaping the CFSP towards China has not been researched yet, and this book fills the gap. Claude Zanardi received her PhD from King’s College London, UK. She studied diplomacy and served briefly at the Italian Embassy in Lisbon, Portugal. Previously, she worked at the European Institute for Security Studies, the Assembly of the West European Union, produced research for the Budget Division of OECD GOV and for the International Secretariat of Amnesty International (Paris Office). She is a Global Royster Fellow at the University of North Carolina at Chapel Hill, was part of the European China Resource Advise Network, and a Taiwan Fellow researcher of the Ministry of Foreign Affairs of the ROC, affiliated with the College of International Affairs of NCCU.
    Note: Tabellen, Literaturverzeichnisse, Literaturhinweise , Introduction , The EU as a foreign and security actor : towards a CFSP towards China? , The re-emergence of China and the deepening of EU-China relations , German foreign and security policy towards China in the twenty-first century , British foreign and security policy towards China in the twenty-first century , French foreign and security policy towards China in the twenty-first century , Conclusions
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  • 78
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    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783031061493
    Language: English
    Pages: 1 Online-Ressource(XVII, 302 p. 1 illus.)
    Edition: 1st ed. 2022.
    Series Statement: Springer eBook Collection
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International relations. ; Political science. ; Wirtschaftsentwicklung ; Internationale Politik ; Strategische Allianz ; Außenbeziehungen ; Postkommunismus ; China ; Karibik ; USA
    Abstract: Chapter 1: Introduction -- Chapter 2: China’s Caribbean Adventure -- Chapter 3: China, Venezuela and Cuba - The New Cold War -- Chapter 4: China and the English-Speaking Caribbean and Suriname -- Chapter. 5: Caribbean Views of the new Geopolitical Landscape -- Chapter 6: The Long China-Taiwan Duel: Caribbean Echoes -- Chapter 7: Realignments, Tensions and Asymmetry: Russia and Iran -- Chapter 8: Europe and Canada – the Caribbean Relations and the New Cold War -- Chapter 9: U.S. Policy in a Choppy Caribbean Sea -- Chapter 10: Conclusion: Policy Options in Geopolitically Tumultuous 2020s .
    Abstract: This book examines the slide into a new Cold War in the Caribbean. The primary argument is that the Caribbean’s geopolitics have shifted from a period of relative great power disinterest in the aftermath of the Cold War to a gradual movement into a new Cold War in which a global rivalry between the U.S. and China is acted out regionally. The result of this is a gradual polarization of countries in the Caribbean as they are increasingly pressured to choose between Washington and Beijing (this being very evident during the Trump years). It can be argued that the U.S. focus on the Caribbean in the late 1990s through the early 21st century diminished, leaving the region open to a China ready and eager to do business and guided by a diverse set of objectives. The book brings the reader into a discussion on international relations with a main focus on U.S.-Chinese relations being played out in the Caribbean, an important strategic region for the North American country. Scott B. MacDonald is the Chief Economist for Smith's Research & Gradings, a Global Americans Research Fellow, and a founding member and Fellow of the Caribbean Policy Consortium. .
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    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783030923310
    Language: English
    Pages: 1 Online-Ressource(XII, 823 p. 5 illus.)
    Edition: 1st ed. 2022.
    Series Statement: Dao Companions to Chinese Philosophy 16
    Series Statement: Springer eBook Collection
    Parallel Title: Erscheint auch als Dao companion to the philosophy of the Zhuangzi
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Philosophy, Modern. ; Religions. ; Culture—Study and teaching. ; Knowledge, Theory of. ; Ethics. ; Metaphysics. ; China ; Zhuangzi v365-v290 Zhuangzi ; Taoismus ; Philosophie ; Kulturvergleich
    Abstract: 1. Introduction(Chong) -- Part 1. Text, Authorship and Zhuangzi -- 2. Authorship of the Zhuangzi(Keung Lo) -- 3. Various Positions on Zhuangzi Scholarship(Klein) -- 4. The Commentarial Tradition on the Zhuangzi(Chai) -- 5. A Portrait of Zhuangzi(Chong) -- Part 2. Central Concepts -- 6. Zhuangzi on ming (命) (Raphals) -- 7. Zhuangzi’s Idea of Being One (weiyi 為一) (Fung) -- 8. Getting and Forgetting Oneness in the Zhuangzi (Ziporyn) -- 9. The Ontology of the Vast and the Minute (daxiao 大小) (Coutinho) -- 10.Transformation of Things and Qi (wuhua 物化, qihua 氣化) (Sato) -- 11. Virtue/Power (de 德) (Chan) -- 12. No Emotions (wu qing 無情) (Chai) -- 13. The Division between Heaven (tian 天) and Human (ren 人) (Perkins) -- 14. Fasting of the Heart-Mind (xin zhai 心齋) (Zhang) -- 15. The True Person (zhen ren 真人) and True Knowledge (真知) (Xu) -- Part 3. Language and Metaphor -- 16. The Language of the Zhuangzi (Porat) -- 17. Yan (言Words) and Yi (意Meaning) (Fang) -- 18. Zhuangzi's conception of Yu Yan (寓言Imputed Words) and Zhi Yan (卮言Goblet Words) (Fried) -- 19. Humor and its Philosophical Significance in the Zhuangzi (Moeller) -- 20. Those Who Can Fly Without Wings: The Depiction of Ideal Persons in the Inner Chapters of the Zhuangzi (Lin) -- Part 4. Central Concepts -- 21. Confucius as a Literary and Philosophical Figure in the Zhuangzi (Cook) -- 22. The Relation between Laozi and Zhuangzi (Fried) -- 23. Xunzi and Zhuangzi (Ting) -- 24. Zhuangzi and the Logicians (Kwok) -- 25. Zhuangzi and Religious Daoism (Kohn) -- 26. Zhuangzi and Wei-Jin Xuanxue (Lo) -- 27. Zhuangzi and Neo-Confucianism (Tan) -- 28. Zhuangzi and Buddhism (Hong) -- Part 5. Ethics, Value and Knowledge -- 29. Zhuangzi and Normative Ethics (Fraser) -- 30. Internal Sages and External Kings: Moral Pluralism and Happiness in the Zhuangzi (Nam) -- 31. The Value of Spontaneity (Luk) -- 32. Filial Piety in the Zhuangzi—“Let the Parents Forget You” (Chiu) -- 33. How Much Intuition Goes Into Intuitive Skill? (Wong) -- 34. What Do the Skill Masters Know? (Lai) -- 35. Skepticism and Relativism in the Zhuangzi (Sturgeon) -- 36. Zhuangzi from the Neuro-Scientific Perspective (Raphals) -- 37. The Problem of Freedom in the Zhuangzi (Jiang) -- 38. Implied Social and Political Values in the Zhuangzi (Lee) -- Part 6. The Zhuangzi and Western Philosophy -- 39. The “art of sauntering” in the Zhuangzi and in the writings of Henry David Thoreau (Lin) -- 40. Buber, Heidegger and Zhuangzi (Nelson) -- 41. The Cementing and Loosening of Human Bonds in Spinoza and the Zhuangzi (Ozbey) -- 42. The Aesthetic in Kant and the Zhuangzi (Guzowska) -- 43. Zhuangzi's Notion of the True Master and Wittgenstein's Grammatical Investigation (Cheung) -- 44. The Art of Nourishing Life—Philosophical Therapies in the Platonic Dialogues and the Zhuangzi (Sikri) -- 45. Zhuangzi and Nietzsche (Shang) -- 46. Is Zhuangzi a Wanton? A Comparison Between Zhuangzi’s Theory of Freedom and Frankfurt’s Notion of Personhood(Hung).
    Abstract: This comprehensive collection brings out the rich and deep philosophical resources of the Zhuangzi. It covers textual, linguistic, hermeneutical, ethical, social/political and philosophical issues, with the latter including epistemological, metaphysical, phenomenological and cross-cultural (Chinese and Western) aspects. The volume starts out with the textual history of the Zhuangzi, and then examines how language is used in the text. It explores this unique characteristic of the Zhuangzi, in terms of its metaphorical forms, its use of humour in deriding and parodying the Confucians, and paradoxically making Confucius the spokesman for Zhuangzi’s own point of view. The volume discusses questions such as: Why does Zhuangzi use language in this way, and how does it work? Why does he not use straightforward propositional language? Why is language said to be inadequate to capture the “dao” and what is the nature of this dao? The volume puts Zhuangzi in the philosophical context of his times, and discusses how he relates to other philosophers such as Laozi, Xunzi, and the Logicians.
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  • 80
    ISBN: 9783030946791
    Language: English
    Pages: 1 Online-Ressource (XX, 221 p. 36 illus., 34 illus. in color.)
    Series Statement: Contributions to Economics
    Series Statement: Springer eBook Collection
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Asia—Economic conditions. ; Economic development. ; Regional economics. ; Spatial economics. ; Finance. ; International economic relations. ; Microeconomics. ; Sustainable economic cooperation ; Regional regeneration ; Covid-19 ; Health crisis ; Sustainable slum development ; Hong Kong ; China ; Employment ; Human resource development ; Disabled workers ; Japan ; Government debt ; Microfinance ; Gender equality ; Environmental management ; Vietnam ; Geopolitical uncertainties ; Konferenzschrift
    Abstract: Chapter 1. Introduction and Overview -- Chapter 2. Sustainable development of multinational companies in Asia Reverse transfer of diversity management knowledge to headquarters -- Chapter 3. Employment and Human Resource Development of Disabled People in Japan and Finland: A Comparative Study from the Perspective of Diversity, Inclusion, and Decent Work -- Chapter 4. Hong Kong: "Business as Usual" amidst Social Unrest -- Chapter 5. China's Rise in the Middle East - Fuelling a Tired Dragon? -- Chapter 6. The Macroeconomic Impact of Government Debt: An Empirical Analysis of Thailand -- Chapter 7. The World's Top Five Financial Centers - Geopolitical Uncertainties -- Chapter 8. Microfinance – A Gender Equality Tool in the Context of Vietnam -- Chapter 9. Environmental Management Accounting in European countries and Japan - a literature survey -- Chapter 10. Funding and management control of hospitals: a France-Japan comparison -- Chapter 11. Trade Cooperation between China and Vietnam from the Perspective of Intra Industry Trade.
    Abstract: This book examines the current main sustainable development issues in Asia from a socio-economic, macroeconomic, and financial perspective, beyond a plain environmental context. The book further analyzes both financial or health crises, which jeopardize the economic sustainability of countries, particularly in Asia where a sustained economic growth path is an occurrence of the recent past. By doing so, the volume presents case studies on countries such as China, Japan, South Korea, and ASEAN countries, like Thailand. In some instances, the book provides a comparative analysis of the experience of European Union countries. The book is divided into two parts. The first part presents contributions with socio-economic perspectives under the broad heading of sustainable development. Each contribution examines a specific Asian country. Additionally, it looks into China’s rise in adjacent regions like the Middle East, discussing China’s positioning in the world in the current post Covid19 context. The second part presents the experiences of a number of Asian countries in terms of financial and economic perspectives, including an analysis of the issue of sovereign debt. The book further examines broader topics, like the sustainability of the top financial centers, and micro-finance. The volume is a must-read for scholars, students, and practitioners, interested in a better understanding of sustainable development issues in Asia in particular, and economics in general.
    Note: "The following chapters, derived mainly from the revised versions of papers presented at the 25th International Euro-Asia Roundtable and Research Conference held in 2020 and 2021, focus on sustainable development, embracing also Natural Capital and Environmental, Social and Governance issues, as outlined below." - Seite 1
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  • 81
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783030970123
    Language: English
    Pages: 1 Online-Ressource(XXI, 315 p. 12 illus., 10 illus. in color.)
    Edition: 1st ed. 2022.
    Series Statement: Global Power Shift
    Series Statement: Springer eBook Collection
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Security, International. ; International relations. ; Peace. ; Politics and war. ; Internationale Politik ; Hegemonie ; Politisches Verhalten ; Entwicklung ; Tendenz ; Militärische Kooperation ; Rivalität ; China ; Russland
    Abstract: Chapter 1. Introduction: Analyzing the Shifts in Sino-Russian Strategic Cooperation Since 2014 -- Part I. Mutual Perceptions and Narratives -- Chapter 2. Putin’s Russia: Global Strategic Outlook and Policies − What Role for China? -- Chapter 3. Imperialist, Comrade in Arms, Foe, Partner, and Now Ally? China’s Changing Views of Russia -- Chapter 4. Domestic Politics: A Forgotten Factor in the Russian-Chinese Relationship -- Part II. The Military Dimension of Sino-Russian Cooperation: Case Studies -- Chapter 5. Russian-Chinese military-technological cooperation and the Ukrainian factor -- Chapter 6. Russia-China Naval Partnership and Its Significance -- Chapter 7. Chinese and Russian Military Modernization and the Fourth Industrial Revolution -- Chapter 8. China-Russia Cooperation in Nuclear Deterrence -- Part III -- Spatial and Multilateral Aspects of Sino-Russian Cooperation: Case Studies -- Chapter 9. Digital Authoritarianism and Technological Cooperation in Sino-Russian Relations: Common Goals and Diverging Standpoints -- Chapter 10. Sino-Russian Scientific Cooperation in the Arctic: From Deep Sea to Deep Space -- Chapter 11. Partnership Without Substance: Sino-Russian Relations in Central and Eastern Europe -- Chapter 12. Cooperation Between Russia and China in Multilateral Organizations – a Tactical or a Strategic Alliance? -- Part IV -- The Way Forward: How Could the West Cope with Russia and China? -- Chapter 13. What a Military Alliance Between Russia and China Would Mean for NATO -- Chapter 14. Options for Dealing with Russia and China - a US Perspective -- Chapter 15. The Way Forward: How should Europe Deal with Russia and China? -- Chapter 16. Conclusion: Connecting the Dots and Defining the Challenge.
    Abstract: This open access book examines Russia-China relations across a variety of civilian and military areas of cooperation. Leading experts in the field present empirical case studies covering a wide range of strategic cooperation areas between Russia and China, such as technological, military, economic and political cooperation. The contributing authors shed new light on Chinese and Russian strategic goals, external push and pull factors, and mutual perception shifts, and discuss the options for Western countries to influence this development. This book analyses the evolution of the relationship since the watershed moment of the Crimean crisis in 2014, and whether or not a full-blown military alliance, as hinted in late 2020 by President Putin, is indeed a realistic scenario for which NATO will have to prepare. It will appeal to students and scholars of international relations, political decision-makers, as well as anyone interested in Eurasian politics and the potential military-strategic impact of a Russian-Chinese alliance for NATO.
    Note: Open Access
    URL: Cover
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  • 82
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031087974
    Language: English
    Pages: 1 Online-Ressource(X, 207 p. 1 illus.)
    Edition: 1st ed. 2022.
    Series Statement: Archimedes, New Studies in the History and Philosophy of Science and Technology 63
    Parallel Title: Erscheint auch als Schemmel, Matthias Theoretical knowledge in the Mohist Canon
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als Schemmel, Matthias Theoretical knowledge in the Mohist Canon
    RVK:
    Keywords: Science—History. ; Philosophy, Chinese. ; China—History. ; Asian history ; Asiatische Geschichte ; Geschichte der Naturwissenschaften ; HISTORY / Asia / China ; History of science ; Oriental & Indian philosophy ; Ostasiatische und indische Philosophie ; PHILOSOPHY / General ; SCIENCE / History ; China ; Mo, Di v479-v381 Mozi ; Wissenschaftstheorie
    Abstract: 1. Introduction to the Mohist Canon -- 2. The Mohist Canon and alternative origins of theoretical science -- 3. Text and Translation -- 4. Lexical Appendix, A 76 - A 87.
    Abstract: This open access book presents a new translation, interpretation and analysis of selected passages from the so-called Mohist Canon, a Chinese text from ca. 300 BCE, and discusses the role of the text in the world history of science, arguing that it represents an early emergence of theoretical, systematized knowledge that is independent from parallel developments in ancient Greece. It is aimed at historians of science, of knowledge and of philosophy, and generally at readers interested in these topics from an intercultural perspective and particularly with respect to China.
    Note: Open Access
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  • 83
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783030861223
    Language: English
    Pages: 1 Online-Ressource(VIII, 310 p. 42 illus. in color.)
    Edition: 1st ed. 2022.
    Series Statement: Understanding China
    Series Statement: Springer eBook Collection
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als China and the Belt and Road Initiative
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    Keywords: Neue Seidenstraße ; Handelsabkommen ; Geopolitik ; China ; Internationale Wirtschaftsbeziehungen ; Regionale Wirtschaftsintegration ; Europa ; International economics. ; Asia—Politics and government. ; International business enterprises. ; Asia—Economic conditions. ; Europe—Politics and government. ; International relations. ; International trade.
    Abstract: Introduction -- Section 1: Theoretical overview of China and BRI relations -- Narrating Models of Development - China and the EU between ‘Strategic Modernizer’ and ‘Rules-based Transformer’ -- Challenges and Opportunities in the EU-China Trade Relations -- From ‘International Relations’ to ‘Global Foreign Policy’ – examining the new framework of Chinese strategic relations through the BRI -- Section 2: BRI collaboration through the business sector -- In Fear of the Trojan Horse? China’s Cross-Border Acquisitions in Europe amid the One-Belt-One-Road Initiative -- Unwary dreams, rude awakenings: BRI in the developing world and emerging Europe -- Towards a Win-Win EU-China Bilateral Investment Treaty: Challenges and Prospects -- Section 3: Country case studies -- Russia–China Collaboration Under Pressure From the West: The Russian Perspective -- EU–China – failed prospects of win-win partnership -- On the role of the Belt & Road Initiative and the 17+1 cooperation within the Sino-European relation -- A test-case for Europe: Sino-Italian relations in the ‘Old’ and ‘New’ Cold War -- Commercial relations between Italy and China from the past to the future. .
    Abstract: This book offers critical insights into the China-led Belt and Road Initiative (BRI) from an EU perspective. It analyzes the political, cultural, and diplomatic effectiveness of Xi's efforts to expand socio-cultural ties and build new trade corridors between Europe and the Far East, and sheds light on the lasting success and influence of China-led economic programs. The book is divided into three parts. The first part provides an overview of the various dimensions of the BRI initiative, including the challenges and opportunities of the EU-China trade relationship, China's geopolitical interests, and foreign policy approaches. The second part analyzes BRI cooperation from the perspective of the business sector, while the third part presents case studies that examine the impacts and responses of various European countries to the BRI.
    URL: Cover
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  • 84
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783030869854
    Language: English
    Pages: 1 Online-Ressource(XVII, 386 p. 47 illus.)
    Edition: 1st ed. 2022.
    Series Statement: Palgrave Studies in Economic History
    Series Statement: Springer eBook Collection
    Parallel Title: Erscheint auch als Zhou, Jianbo, 1979 - Westernization movement and early thought of modernization in China
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: 1860-1999 ; Strukturwandel ; Industrieländer ; Industrialisierung ; Ideologie ; Wirtschaftliche Anpassung ; Wirtschaftsgeschichte ; China ; Economic history. ; China—History.
    Abstract: Part 1 Introduction -- Chapter 1. The Change of Time and the Formation of the Westernization Thought -- Chapter 2. The Guiding Principle of Westernization Movement.-Chapter 3. The Development Strategies of the Self-Strengthening Modernization -- Chapter 4. Social Reformative Thought of Westernization Group -- Part 2. Business -- Chapter 5. Raising Capital -- Chapter 6. Improve the thought of technology -- Chapter 7. The thinking of cultivation personnel of running business -- Chapter 8. Thoughts of Hiring Free Labors -- Chapter 9. Theories of enterprise operation and management -- Chapter 10. Companies Organization System Thoughts -- Part 3. National Economy -- Chapter 11. Develop Thought of Modern Agriculture -- Chapter 12. Development of modern industry thought -- Chapter 13. The ideology of developing modern business -- Chapter 14. Development of transportation & Communication thought -- Chapter 15. The Development of Modern Financial Thinking -- Chapter 16. Thinking of Transferring the Surplus Workforce in Agricultural Society -- Part 4. Peroration -- Chapter 17. The Origins of Westernization Thought -- Chapter 18. Ideological evaluation of westernization movement -- Chapter 19. Qing Government and Westernization.
    Abstract: This book examines the Westernization Movement in modern Chinese History, in the latter 19th century and the economic impact on manufacturing and enterprise evolution. It examines the rise, development, and performance of this movement on both the micro and macro-levels. This book reveals achievements in technology transfer without political changes, which set the limits for the westernization movement. It evaluates the link between the Westernization Movement and China’s economic reforms after 1978, and the factors that may have constrained the development of economic thought in China. The book provides valuable insights into how Chinese economic thought transitioned, and is a valuable contribution to the debate on how the early Westernization Movement in China caused a change in consumer thought. It will be of interest to academics in economic history and those interested in the development of modern China and the emergence of manufacturing and entrepreneurship in China. Jianbo Zhou is a Professor in the School of Economics at Peking University, China. He has more than 20 years teaching and research experience in the fields of history of economic thought and economic history. Jianhua Zhao is a Professor in the College of Economics and Management at China Three Gorges University. He is also an experienced translator in the field of economics and translated Jianbo Zhou’s work into English.
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  • 85
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Springer International Publishing AG
    ISBN: 9783030973742 , 3030973743
    Language: English
    Pages: 1 Online-Ressource (IX, 153 Seiten)
    Edition: 1st ed. 2022
    Parallel Title: Erscheint auch als Ng, Eve Cancel Culture
    DDC: 306
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    Keywords: Konflikt ; Meinungsfreiheit ; Medien ; Ethnizität ; Identität ; Culture—Study and teaching ; Communication ; Cultural Studies ; Media and Communication ; USA ; China
    URL: Volltext  (URL des Erstveröffentlichers)
    URL: Volltext  (URL des Erstveröffentlichers)
    URL: Volltext  (URL des Erstveröffentlichers)
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  • 86
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    Online Resource
    Cham : Springer International Publishing | Cham : Palgrave Macmillan
    ISBN: 9783030435820
    Language: English
    Pages: 1 Online-Ressource (XXII, 147 Seiten)
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    DDC: 303.483
    Keywords: Science and Technology Studies ; Human Geography ; IT Law, Media Law, Intellectual Property ; Artificial Intelligence ; Technology—Sociological aspects ; Human geography ; Mass media ; Law ; Artificial intelligence ; Künstliche Intelligenz ; Künstliche Intelligenz
    URL: Volltext  (kostenfrei)
    URL: Volltext  (kostenfrei)
    URL: Volltext  (kostenfrei)
    URL: Volltext  (kostenfrei)
    URL: Volltext  (kostenfrei)
    URL: Volltext  (kostenfrei)
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  • 87
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Imprint: Palgrave Pivot
    ISBN: 9783030586928
    Language: English
    Pages: 1 Online-Ressource (IX, 133 p. 1 illus)
    Edition: 1st ed. 2020
    Parallel Title: Printed edition
    Parallel Title: Printed edition
    DDC: 305.3
    Keywords: Sociology ; Law ; Social structure ; Social inequality
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  • 88
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Imprint: Palgrave Macmillan
    ISBN: 9783030359751
    Language: English
    Pages: 1 Online-Ressource (XX, 331 p. 4 illus)
    Edition: 1st ed. 2020
    Parallel Title: Printed edition
    Parallel Title: Printed edition
    Parallel Title: Printed edition
    DDC: 303.483
    Keywords: Technology—Sociological aspects ; Artificial intelligence ; Mass media ; Law ; Human geography
    URL: Cover
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  • 89
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Imprint: Palgrave Macmillan
    ISBN: 9783030278489
    Language: English
    Pages: 1 Online-Ressource (XX, 261 p. 1 illus)
    Edition: 1st ed. 2020
    Series Statement: Biolegalities
    Parallel Title: Printed edition
    Parallel Title: Printed edition
    Parallel Title: Printed edition
    DDC: 303.483
    Keywords: Technology—Sociological aspects ; Law and the social sciences ; Biomedical engineering ; Law—Philosophy ; Law
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  • 90
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    ISBN: 9783030347802
    Language: English
    Pages: 1 Online-Ressource(XX, 329 p. 31 illus., 12 illus. in color.)
    Edition: 1st ed. 2020.
    Series Statement: Springer eBook Collection
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als Chinese cities in the 21st century
    RVK:
    Keywords: Sociology, Urban. ; Regional planning. ; Urban planning. ; Ethnology—Asia. ; Urban economics. ; Economic development. ; Social change. ; City planning ; Urbanization ; China ; Aufsatzsammlung ; China ; Verstädterung ; Stadtentwicklung ; Nachhaltigkeit
    Abstract: 1. Introduction: New Urban Challenges in the Twenty-First Century -- Part I A New Domestic and International Context -- 2. Xi Jinping’s Economic Policy and Chinese Urbanization -- 3. Chinese Cities in the World-System’s City System: 2001–2014 -- 4. Redeveloping Informal Settlements in China, India, and Brazil -- Part II The New Urban Economy -- 5. Urbanism in Chinese Local Development: An Institutional Approach -- 6. Private Participation in China’s Infrastructure: Experience and Prospects -- 7. Path Dependency, Central-Local Dialectic, and Structure and Agency: How Has Yuhang Transformed from the Rural to the Urban? -- Part III Migrants’ Inclusion and Affordable Housing -- 8. Migration, Family Arrangement, and Children’s Health in China -- 9. The Spatial Impact of Population on Housing Price in the Yangtze River Delta Urban Agglomeration, China -- 10. Shantytown Tenants’ Housing Choice in Beijing: A Perspective from the Consumer Equilibrium Theory -- 11. Double Aging: Conserving the Living Environment of Familiarity (LEF) to Mediate Between Aging People and Aging Buildings -- Part IV Urban Sustainability -- 12. Environmental Sustainability in Urban China -- 13. Unveil Urbanization ‘Bubbles’ in China: Sustainable Urbanization in Theory and Policy -- 14. Evaluating Green Development Index in Ecologically Fragile Areas of China.
    Abstract: “With an incredible coverage in breadth and depth, this excellent collection provides a set of timely, compelling and extremely well-articulated assessments of China’s new urban realities. A landmark contribution to the literature casting a long shadow over both scholarly enquiry and policy making concerning a rapidly urbanizing China at the dawn of the new urban century.” —George C.S. Lin, Chair Professor of Geography, University of Hong Kong, China “Through skillful selection of varied analytic points of departure, editor Youqin Huang has created a masterful overview of the complex challenges confronting politicians, urban planners, and ordinary citizens who aspire to urban sustainability.” —Deborah Davis, Professor Emerita of Sociology, Yale University, USA “This book is a timely and significant contribution to understanding Chinese cities at the moment of transformation. The book provides fresh insights on China’s development model, institutional change, finance and development, and environmental and green development policies. Impressively comprehensive, the book is also remarkably detailed and fascinating.” —Fulong Wu, Bartlett Professor of Planning, University College London, UK This book is an interdisciplinary examination of China's new urban development model and the challenges Chinese cities face in the 21st century. China is in the midst of a historic developmental inflection point, grappling with a significantly slowing economy, rapidly rising inequality, massive migration, skyrocketing housing prices, alarming environmental problems, and strong pushback from the West. In this volume, Western and Chinese scholars in different disciplines offer the clearest look yet at some of the main challenges China faces, including domestic and international contexts, the new urban development model, inclusion and well-being of migrants and their families, and urban sustainability. This book sheds light on China’s ongoing development and future directions, and has strong policy implications for anyone interested in the future of China.
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  • 91
    ISBN: 9783319704319
    Language: English
    Pages: Online-Ressource (X, 188 p. 1 illus. in color, online resource)
    Series Statement: Studies in Space Policy 15
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Erscheint auch als
    Keywords: European Union ; Law of the sea ; International law ; Law ; Law ; European Union ; Law of the sea ; International law
    Abstract: This book provides a unique in-depth comparative and evaluative analysis based upon primary sources. Therefore, it does not only provide a more complete understanding of the subject compared to other publications but, because it provides a full perspective, can also serve as a basis for further research. The interest in national space legislation, and the importance thereof to regulating space activities conducted by private entities, gives a clear incentive to conduct a comparative analysis of the national space legislation of various states. The purpose of this report is to provide such a comparative analysis that will detail the similarities and differences between the national space laws of selected states with a focus on European comprehensive national space legislation. The states discussed are: Sweden, the United Kingdom, Australia, China, Belgium, the Netherlands, France, Austria, Indonesia, Denmark, New Zealand and Luxembourg. This report is intended to assist the efforts of states that are seeking to enact or revise national space legislation not only by presenting the approaches taken by other states, but also by presenting, as far as possible, the rationale behind their approaches. The readership of this book consists of academics and professionals in space law and can further assist policymakers wishing to revise or enact national space legislation
    Abstract: Introduction -- Rationale for the enactment of national space legislation -- National space leglislation -- Alternative approach--Luxembourg -- Comparative analysis of national space legislation -- Final considerations
    Note: Includes bibliographical references
    URL: Volltext  (lizenzpflichtig)
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  • 92
    Online Resource
    Online Resource
    Cham : Springer International Publishing
    ISBN: 9783319704340
    Language: English
    Pages: Online-Ressource (XIV, 87 p. 1 illus. in color, online resource)
    Series Statement: Studies in Space Policy 13
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Erscheint auch als
    Keywords: Political science ; Law of the sea ; International law ; Law ; Law ; Political science ; Law of the sea ; International law
    Abstract: On the occasion of the 50th anniversary of the Outer Space Treaty this book gives a first insight into where the next generation considers room for further improvement of the Outer Space Treaty in order to cope with upcoming aspects such as providing solutions for the emerging commercial, economic, environmental and social questions. At the time of the adoption of the Outer Space Treaty in 1967 the purpose of this treaty was to avoid conflicting military situations in space. However, 50 years later the Outer Space Treaty is n demand to meet the ever increasing space activities and the different actors involved such as the rise of the private sector players
    Abstract: Preface -- Executive Summary -- Emergence of Environmental Protection Clauses in Outer Space Treaty: A Lesson from the Rio Principles -- Legal Consequences of Environmental Pollution in Outer Space -- Intentional Destruction of Satellites in Relation to International Peace and Security -- Peacekeeping Operations in Outer Space: Contradictions in Article IV of the Outer Space Treaty -- Wild Military Operations in Outer Space, a Sword of Damocles Hanging over Future of Space Environment and Space Activities -- Space Settlement and the Celestial Subjectivity Model: Shifting Our Legal Perspective of the Universe -- Outer Space Treaty during Fourth Industrial Revolution -- Into the 21st Century: Integration of Principles of Global Governance in Space Law -- About the Authors
    URL: Volltext  (lizenzpflichtig)
    URL: Cover
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  • 93
    Online Resource
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    Cham : Springer International Publishing | Imprint: Palgrave Macmillan
    ISBN: 9783319646503
    Language: English
    Pages: 1 Online-Ressource (IX, 226 p)
    Series Statement: Frontiers of Globalization
    Parallel Title: Erscheint auch als
    DDC: 302.23
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    Keywords: Social sciences ; Mass media ; Law ; Communication ; Social sciences in mass media ; Sociology ; Globalisierung ; Soziologie ; Geistiges Eigentum ; Geistiges Eigentum ; Globalisierung ; Soziologie
    URL: Volltext  (URL des Erstveröffentlichers)
    URL: Volltext  (URL des Erstveröffentlichers)
    URL: Volltext  (URL des Erstveröffentlichers)
    URL: Volltext  (lizenzpflichtig)
    URL: Cover
    URL: Volltext  (lizenzpflichtig)
    URL: Cover
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  • 94
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    Cham : Springer International Publishing
    ISBN: 9783319391984
    Language: English
    Pages: Online-Ressource (XX, 199 p, online resource)
    Series Statement: Law, Governance and Technology Series 32
    Series Statement: Issues in Privacy and Data Protection 32
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg.
    Keywords: International law ; Intellectual property Law and legislation ; Political science ; Philosophy ; Law ; Mass media. ; Law—Europe. ; Law ; Political science ; Philosophy ; International law ; Intellectual property Law and legislation
    Abstract: This book is about power and freedoms in our technological world and has two main objectives. The first is to demonstrate that a theoretical exploration of the algorithmic governmentality hypothesis combined with the capability approach is useful for a better understanding of power and freedoms in Ambient Intelligence, a world where information and communication technologies are invisible, interconnected, context aware, personalized, adaptive to humans and act autonomously. The second is to argue that these theories are useful for a better comprehension of privacy and data protection concepts and the evolution of their regulation. Having these objectives in mind, the book outlines a number of theses based on two threads: first, the elimination of the social effects of uncertainty and the risks to freedoms and, second, the vindication of rights. Inspired by and building on the outcomes of different philosophical and legal approaches, this book embodies an effort to better understand the challenges posed by Ambient Intelligence technologies, opening paths for more effective realization of rights and rooting legal norms in the preservation of the potentiality of human capabilities.
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  • 95
    Online Resource
    Online Resource
    Cham : Springer International Publishing
    ISBN: 9783319262338
    Language: English
    Pages: Online-Ressource (XVII, 372 p, online resource)
    Edition: 1st ed. 2016
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Ukaigwe, Jerry ECOWAS law
    RVK:
    Keywords: Comparative law ; Law ; International relations ; Private international law ; Conflict of laws ; International law ; Trade ; International economics ; Regional economics ; Spatial economics ; Law ; International relations ; Private international law ; Conflict of laws ; International law ; Comparative law ; Trade ; International economics ; Regional economics ; Spatial economics
    Abstract: Establishment of ECOWAS -- Sources of ECOWAS law -- Institutions of the Community -- Terrorism, conflicts and legal interventions -- Human rights and other principles -- ECOWAS law and national laws -- Reference for interpretation -- Actions for damages and on legality -- Selected Forum and Community staff actions -- Free movement of persons and right of residence -- Right of establishment (services) and free movement of capital -- Free movement of goods -- Discrimination -- Competition policy.
    Abstract: This book analyses the emerging jurisprudence of the Economic Community of West African States (ECOWAS), and seamlessly knits together all the disparate texts, policies and judicial decisions into a single, coherent resource. The work is deliberately crafted to address the lack of a comprehensive resource on the subject, and guide lawyers, policy-makers, Community citizens, researchers, students and civil society organisations through the labyrinth of the Community's laws and policies. From a socio-legal perspective, it unearths political, socio-economic and legal structures that impinge on the integration cause on the one hand, and dilute the efficacy of the Community legal regime on the other hand. Also, it exposes contemporary terrorism and conflict in West Africa and the legal interventions that the Community has adopted to respond to these challenges. In sequence, it traces and expounds the legal development of the Community norms with respect to sources of law, human rights, supra-nationalism and laws of the member states, reference procedure, action for damages, freedom of movement, discrimination and competition policy. The book particularly evaluates the extent of the human rights jurisdiction of the Community Court of Justice, as well as jurisdictional limitations to the protection of Community rights either at national or Community level. Also, it sheds light on the jurisdictional chasm existing between Community law and member states' national laws, and offers proven constitutional, legislative and judicial solutions to plug the gap. It explains vividly the common market, free movement of goods and the impact of Economic Partnership Agreement (EPA) on the entire ECOWAS free trade policy. In all these analyses, evaluation and examination of norms and policies, the work draws on the European Union's rich case law on similar points to explain recondite issues of law which may arise or have arisen from the application of any of the ECOWAS texts.
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  • 96
    ISBN: 9783319285962
    Language: English
    Pages: Online-Ressource (XX, 256 p. 7 illus., 6 illus. in color, online resource)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Legal risks in EU law
    RVK:
    Keywords: Comparative law ; Law ; Private international law ; Conflict of laws ; International law ; Trade ; International environmental law ; Mediation ; Dispute resolution (Law) ; Conflict management ; Law—Europe. ; Law ; Private international law ; Conflict of laws ; International law ; Comparative law ; Trade ; International environmental law ; Mediation ; Dispute resolution (Law) ; Conflict management ; Europäische Union ; Recht ; Konflikt
    Abstract: Part I - Legal Risks in Developement of EU Law: Reframing Legal Risk in EU Law by Aurélien Raccah -- Legal Risks in the Relation between National Constitutional Law and EU Law by Darinka Piqani -- Human Rights Advocacy for an “International Society of Risk” by Ioannis K. Panoussis -- Linguistic Equality and Language as a Legal Risk for Legislating in the European Union by Réka Somssich -- Legal Translation vs. Legal Certainty in EU Law by Emilia Mišćenić -- Part II - Legal Risks in Developement of EU Policies: Legal Risks in Foreign Investment: Framework and First Fruits by Giuseppe Matteo Vaccaro-Incisa -- Legal Risks in Development of EU Consumer Protection Law by Emilia Mišćenić -- Legal Risks in EU Social Law by Claire Marzo -- Legal Risks from, to, and within EU Migration Law – An Inventory by Moritz Jesse -- Risks Relating to the Protection of Cultural Heritage: from Climate Change to Disasters by Alessandro Chechi -- Legal Risks in European Environmental Law and Policy by Harry H. G. Post -- A Resilient EU Facing Global Environmental Risks by Leonardo Massai.
    Abstract: This book takes a completely new and innovative approach to analysing the development of EU law. Within the framework of different important areas of EU law, such as the internal market, consumer protection law, social law, investment law, environment law, migration law, legal translation and terminology, it examines the Union’s approach to the regulation and management of legal risks. Over the years, the Union has come to a point where it is becoming increasingly difficult to justify its authority to regulate in various areas of law. In managing legal risks deriving from the diversity of Member States’ laws, which create barriers to trade and hinder the Union’s economy, the Union itself has actually produced new legal risks that now have to be addressed. This failure on the part of EU institutions to manage legal risks has contributed to legal uncertainty for actors operating on the internal market. This book intends to contribute to the Union’s smoother functioning and continuing development by proposing effective concrete solutions for managing the legal risks distorting the development of various areas of EU law. It pursues an innovative and effective approach to identify legal risks, their causes at the EU level and their impacts on the functioning of the Union and its Member States. By presenting new approaches in this context, the first book on legal risk management in the EU will actively promote the improvement of the EU lawmaking process and the application of EU law in practice.
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  • 97
    Online Resource
    Online Resource
    Cham : Springer International Publishing
    ISBN: 9783319268965
    Language: English
    Pages: Online-Ressource (XI, 233 p. 20 illus., 6 illus. in color, online resource)
    Edition: 1st ed. 2016
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. The future of law and eTechnologies
    RVK:
    Keywords: International law ; Intellectual property Law and legislation ; Computers ; Law and legislation ; Law ; Mass media. ; Law—Europe. ; Law ; Computers ; Law and legislation ; International law ; Intellectual property Law and legislation ; Computers Law and legislation ; Internet ; Digitalisierung ; Recht ; Rechtsfortbildung ; Internet ; Digitalisierung ; Recht ; Rechtsfortbildung
    Abstract: Tanel Kerikmäe and Addi Rull, Theorising on Digital Legal (Outer)Space -- Lehte Roots and Costica Dumbrava, E-Citizenship Opportunities in the Changing Technological Environment -- Sandra Särav and Tanel Kerikmäe, E-Residency - A Cyberdream Embodied in a Digital Identity Card? -- Alexander Norta, Katrin Nyman-Metcalf, Anis Ben Othman and Addi Rull, "My Agent will not let me talk to the General" - Software Agents as a Tool Against Internet Scams -- Kaido Künnapas, From Bitcoin to Smart Contracts - Legal Revolution or Evolution from the Perspective of de lege ferenda? -- Kristi Joamets, Digital Marriage and Divorce - Legality Versus Digital Solutions -- Merit Kolvart, Margus Poola and Addi Rull, Smart Contracts -- Paula-Mai Sepp, Anton Vedeshin and Pawan Dutt, Intellectual Property Protection of 3D Printing Using Secured Streaming -- Maria Claudia Solarte-Vasquez, Natalia Järv and Katrin Nyman-Metcalf, Usability Factors in Transactional Design and Smart Contracting -- Agnes Kasper and Eneli Laurits, Challenges in Collecting Digital Evidence - A Legal Perspective.
    Abstract: This book presents groundbreaking discussions on e-residency, cryptocurrencies, scams, smart contracts, 3D printing, software agents, digital evidence and e-governance at the intersection of law, legal policies and modern technologies. The reader benefits from cutting-edge analyses that offer ideas and solutions to some of the most pressing issues caused by e-technologies. This collection is a useful tool for law and IT practitioners and an inspiring source for interdisciplinary research. Besides serving as a practical guideline, this book also reflects theoretical dimensions of future perspectives, as new technologies are not meant to change common values but to accommodate them.
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  • 98
    ISBN: 9783319246901
    Language: English
    Pages: Online-Ressource (XVII, 293 p, online resource)
    Edition: 1st ed. 2016
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Immigration detention, risk and human rights
    Keywords: International law ; Comparative law ; Law ; Private international law ; Conflict of laws ; Human rights ; International criminal law ; Criminology ; Emigration and immigration ; Law ; Private international law ; Conflict of laws ; International law ; Comparative law ; Human rights ; International criminal law ; Criminology ; Emigration and immigration ; Aufsatzsammlung ; Europäische Union ; Illegale Einwanderung ; Abschiebungshaft ; Aufsatzsammlung ; Online-Ressource ; Europäische Union ; Illegale Einwanderung ; Abschiebungshaft
    Abstract: The Sovereign Bias of Crimmigration Enforcement and Detention, by Robert Koulish -- Sovereign Discomfort: Can Liberal Norms Lead to Increasing Immigration Detention? by Michael Flynn -- Immigration Detention, Risk and Human Rights in the Law of the European Union. Lessons from the Returns Directive, by Valsamis Mitsilegas -- Immigration Detention and Non-Removability before the European Court of Human Rights, by Marloes Anne Vrolijk -- Immigration Detention: An Instrument in the Fight against Illegal Immigration or a Tool for its Management? by Galina Cornelisse -- Trapped Between Administrative Detention, Imprisonment, and Freedom-in-limbo, by Charles Gosme -- Immunity from Criminal Prosecution And Consular Assistance To The Foreign Detainee According The International Human Rights Law, by Larissa Leite -- Understanding Immigration Detention in the UK and Europe, by Elspeth Guild -- Women’s Immigration Detention in Greece: Gender, Control, and Capacity, by Mary Bosworth, Andriani Fili, and Sharon Pickering -- The Changing Nature of the Criminalization of Irregular Migration in Belgium since 1980, by Steven De Ridder and Maartje van der Woude -- Crimmigration Policies and the Great Recession: Analysis of the Spanish Case, by José Ángel Brandariz García -- Immigrants as Detainees: Some Reflections Based on Abyssal Thinking and Other Critical Approaches, by Katia Cardoso -- Mandatory Immigration Detention for U.S. Crimes: The Noncitizen Presumption of Dangerousness, by Mark Noferi -- Let Us In: An Argument for the Right to Visitation in U.S. Immigration Detention, by Christina M. Fialho -- Who Wants to Go to Arizona? A Brief Survey of Criminalization of Immigration Law in the U.S. Context, by Gabriel Haddad Teixeira.
    Abstract: This book offers a brand new point of view on immigration detention, pursuing a multidisciplinary approach and presenting new reflections by internationally respected experts from academic and institutional backgrounds. It offers an in-depth perspective on the immigration framework, together with the evolution of European and international political decisions on the management of immigration. Readers will be introduced to new international decisions on the protection of human rights, together with international measures concerning the detention of immigrants. In recent years, International Law and European Law have converged to develop measures for combatting irregular immigration. Some of them include the criminalization of illegally entering a member state or illegally remaining there after legally entering. Though migration has become a great challenge for policymakers, legislators and society as a whole, we must never forget that migrants should enjoy the same human rights and legal protection as everyone else.
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  • 99
    ISBN: 9783319283715
    Language: English
    Pages: Online-Ressource (XI, 328 p, online resource)
    Series Statement: Law and Philosophy Library 113
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg.
    RVK:
    Keywords: International law ; Comparative law ; Political theory ; Political science ; Political philosophy ; Private international law ; Conflict of laws ; Constitutional law ; Law ; Law—Philosophy. ; Law ; Political theory ; Political science ; Political philosophy ; Law Philosophy ; Private international law ; Conflict of laws ; International law ; Comparative law ; Constitutional law
    Abstract: I Challenging and Defending Judicial Review -- 1. Randomized Judicial Review; Andrei Marmor -- 2. On the Difficulty to Ground the Authority of Constitutional Courts: Can Strong Judicial Review be Morally Justified?; Thomas Bustamante -- 3. The Reasons without Vote: The Representative and Majoritarian Function of Constitutional Courts; Luís Roberto Barroso -- II Constitutional Dialogues and Constitutional Deliberation -- 4. Decoupling Judicial Review From Judicial Supremacy; Stephen Gardbaum -- 5. Scope and limits of dialogic constitutionalism; Roberto Gargarella -- 6. A Defence of a Broader Sense of Constitutional Dialogues based on Jeremy Waldron's Criticism on Judicial Review; Bernardo Gonçalves Fernandes -- III Institutional Alternatives for Constitutional Changes -- 7. New Institutional Mechanisms for Making Constitutional Law; Mark Tushnet -- 8. Democratic Constitutional Change: Assessing Institutional Possibilities; Christopher Zurn -- 9. The Unconstitutionality of Constitutional Changes in Colombia: a Tension between Majoritatian and Constitutional Democracy; Gonzalo Ramírez Cleves -- IV Constitutional Promises and Democratic Participation -- 10. Is there such thing as a radical constitution?; Vera Karam de Chueiri -- 11. Judicial reference to community values - A pointer towards constitutional juries?; Eric Ghosh -- V Legal Theory and Constitutional Interpretation -- 12. Common Law Constitutionalism and the Written Constitution; Wil Waluchow and Katharina Stevens -- 13. On how law is not like chess – Dworkin and the theory of conceptual types; Ronaldo Porto Macedo Júnior. .
    Abstract: This volume critically discusses the relationship between democracy and constitutionalism. It does so with a view to respond to objections raised by legal and political philosophers who are sceptical of judicial review based on the assumption that judicial review is an undemocratic institution. The book builds on earlier literature on the moral justification of the authority of constitutional courts, and on the current attempts to develop a system on “weak judicial review”. Although different in their approach, the chapters all focus on devising institutions, procedures and, in a more abstract way, normative conceptions to democratize constitutional law. These democratizing strategies may vary from a radical objection to the institution of judicial review, to a more modest proposal to justify the authority of constitutional courts in their “deliberative performance” or to create constitutional juries that may be more aware of a community’s constitutional morality than constitutional courts are. The book connects abstract theoretical discussions about the moral justification of constitutionalism with concrete problems, such as the relation between constitutional adjudication and deliberative democracy, the legitimacy of judicial review in international institutions, the need to create new institutions to democratize constitutionalism, the connections between philosophical conceptions and constitutional practices, the judicial review of constitutional amendments, and the criticism on strong judicial review.
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  • 100
    Online Resource
    Online Resource
    Cham : Springer International Publishing
    ISBN: 9783319291253
    Language: English
    Pages: Online-Ressource (VIII, 346 p, online resource)
    Series Statement: Ius Comparatum - Global Studies in Comparative Law 19
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. The internationalisation of legal education
    RVK:
    RVK:
    Keywords: International law ; Comparative law ; Law ; International education ; Comparative education ; Private international law ; Conflict of laws ; Law ; International education ; Comparative education ; Private international law ; Conflict of laws ; International law ; Comparative law ; Juristenausbildung ; Rechtsvergleich ; Internationalisierung
    Abstract: Part I General Report -- General Report; William van Caenegem and Christophe Jamin -- Part II National Reports -- Internationalisation, Globalisation and the Effect on Legal Education in Argentina; Monica Pinto -- Internationalising Legal Education in Belgium: Why Are We Doing It?; Anne-Lise Sibony -- The Natural Trend Towards Internationalisation in Cameroon; Maurice Kamga and Mekongo -- The Global Challenge in Common and Civil Law Contexts: A Canadian Perspective; Helge Dedek, H. Patrick Glenn and Aline Grenon -- Keeping Up with the Changing Legal Environment – A Report on Internationalisation of Legal Education in Finland; Tuomas Tiittala -- How International Should the German Einheitsjurist Be?; Michael Sturner -- Legal Education at a Turning Point - A Case Study of Hong Kong; Lin Feng -- Small Goes Global: The Internationalisation of Legal Education in Ireland; Marie-Luce Paris and Sandeep Gopolan -- The History and Importance of Comparative Law in Italy; Rodolfo Sacco and Alberto Gianola -- The Effects of Globalisation on Legal Education in Japan: The Reforms of 2004; Naoke Kanayama -- Towards a New Model of Legal Education: the Special Case of Luxembourg; Pascal Ancel -- The Internationalisation of Dutch Legal Education: Seeking a Balance Between Local Requirements, European Exigencies and International Perspectives; Aalt Willem Heringa -- Global Lawyers for a Global City: Legal Education in Singapore; Gary Bell -- Moving Towards an International Legal Education in Spain; Soledad Atienza -- Sweden – At the Cusp of Legal Internationalization; Henrik Forschamn and Laura Carlson -- The Globalization of Legal Education in Switzerland – Possibilities and Challenges; Alexander Morawa and Julia Wetzel -- On the Evolving and Dynamic Nature of UK Legal Education; David Marrani and Antonios Platsas -- Taking the Middle Road to IOLE in Uruguay; Nicolas Etcheverry -- IOLE in the United States: The Relationship between a Country’s Legal System and Its Legal Education; Frank Upham -- About the Authors.
    Abstract: This volume provides an overview of the state of internationalisation of legal education (IOLE) in many civil law and common law countries. It provides a picture of the status of the debate about the shape and degree of internationalisation in the curriculum in the different countries, and the debates surrounding the adoption of a more international approach to legal education in the contemporary world. It is a compilation of the National Reports submitted for the August 2014 Congress of the IACL held at Vienna, and contains an introductory general report. Together, the reports examine such questions as: Why is the topic of internationalization of legal education on the agenda now? Why is it a relevant subject for examination today? Does the topic generate the same level of interest everywhere in the world? Is enthusiasm for IOLE mainly driven by the academic sector, by government, by multinational corporations? Is the interest closely linked with the globalization of the practice of law? Or is globalisation of law itself something of a myth, or a reality reserved for only a very small percentage of practising lawyers around the world? The general and national reports make clear that there is indeed widespread interest in IOLE, and numerous disparate initiatives around the world. Nonetheless, some National Reporters state that the topic is simply not on the agenda at all. All in all, the volume shows that the approaches to internationalisation are many and varied, but every jurisdiction recognises the importance of introducing aspiring lawyers to a more integrated global environment. .
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