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  • 1
    Online Resource
    Online Resource
    The Transformation of Private Law – Principles of Contract and Tort as European and International Law : A Liber Amicorum for Mads Andenas (2024)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031284977
    Language: English
    Pages: 1 Online-Ressource(XXVII, 1100 p. 1 illus.)
    Edition: 1st ed. 2024.
    Series Statement: LCF Studies in Commercial and Financial Law 2
    Parallel Title: Erscheint auch als
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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.
    DOI: 10.1007/978-3-031-28497-7
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  • 2
    Online Resource
    Online Resource
    Using Literature to Learn and Teach Language : The L3 Approach (2024)
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    Details
    ISBN: 9783031545542
    Language: English
    Pages: 1 Online-Ressource(VI, 210 p. 3 illus., 1 illus. in color.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Language and languages ; Linguistics ; Education in literature.
    Abstract: PREFACE -- SECTION 1: THEORETICAL ISSUES WITH USING LITERATURE TO LEARN/TEACH LANGUAGE – THE L3 APPROACH -- What is literature? -- Why use literature for language teaching/learning? -- Previous research -- Theoretical underpinnings -- Issues -- SECTION 2: EXTENDING THE LITERARY REPERTOIRE -- 1: Folk literature -- 2: Young children’s literature -- 3: Older children’s literature -- 4: Teen literature -- 5: Short stories -- 6: Non-fiction -- 7: Poetry -- 8: Drama -- 9: Novellas -- 10: Novels -- 11: Science fiction -- 12: Fantasy -- SECTION 3: USING LITERATURE IN THE LANGUAGE CLASSROOM -- Principles of integrated lessons for using literature to learn language -- 1. Folk story: KING ARTHUR -- 2. Young children’s literature: WIND IN THE WILLOWS -- 3. Older children’s literature: TREASURE ISLAND -- 4. Teen literature: THE FAULT IN OUR STARS -- 5. Short story: THE OPEN WINDOW -- 6. Non-fiction: SIR EDMUND HILLARY -- 7. Poetry: THE RIME OF THE ANCIENT MARINER -- 8. Drama: PYGMALION -- 9. Novella: THE PEARL -- 10. Novel: A TALE OF TWO CITIES -- 11. Science fiction: THE WAR OF THE WORLDS -- 12. Fantasy: GULLIVER’S TRAVELS -- GLOSSARY OF LITERARY TERMS -- INDEX.
    Abstract: “This book fills the gap in the market to use literature for language teaching as it offers a rich source of references to all the main genres of literature and a great variety of creative and inspiring activities to understand and analyze these texts and improve learners' language skills.” -Prof. Dr. Nazife Aydınoğlu, Final University, Girne, North Cyprus “This insightful book seamlessly integrates language learning with literature, offering a dynamic L3 approach. With practical strategies and inspiring examples, it empowers teachers to create engaging language lessons that captivate students while fostering a deep appreciation for literature. I wholeheartedly support this book.” -Prof. Dr. Vinaya Kumari, Amity University, India “Being a teacher trainer/ educator for a long time, I always had worries about how to train teacher candidates on the integration of literature in their future classes. With this book now I feel more confident on the issue.“ -Prof. Dr. Birsen Tütüniş, Istanbul Kultur University, Turkey This accessibly-written textbook uses the intrinsic appeal of a story to engage students with language, and provides teachers with the background knowledge and the skills to use literature to construct lessons for their classes which integrate all four skills plus language awareness in an enjoyable way. Although a number of books and studies have examined the value of using literature to learn language, literature remains under-represented as a language learning resource. The author argues that the accumulated body of literature represents a bottomless pit of potential material, just waiting to be recognised and enjoyed. From a teacher’s point of view, a lesson based on a literary work can provide an integrated approach to language development which few other approaches can match. A piece of literature can be used to develop all four skills, both receptive and productive (reading, writing, listening speaking) as well as production skills and language awareness. This book will be an essential resource for pre-service and in-service teachers, teacher trainers, students and scholars of Applied Linguistics, Language Education, TESOL and related subjects. Carol Griffiths is Professor of ELT at Girne American University in North Cyprus.Her major areas of research interest include individual differences, teacher education and support, English as a medium of instruction, English as a lingua franca, action research, and using literature to teach language. .
    DOI: 10.1007/978-3-031-54554-2
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  • 3
    Online Resource
    Online Resource
    The Rule of Law in the EU : Challenges, Actors and Strategies (2024)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031553226
    Language: English
    Pages: 1 Online-Ressource(VIII, 338 p. 2 illus., 1 illus. in color.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
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    Keywords: Europe ; Law ; Political sociology. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; World politics.
    Abstract: Introduction -- Part I: General aspects of the rule of law and populism in the European Union -- 1. Historical Perspectives on the Democratic Deficit(s) -- 2. Populism and segmentation in contemporary Europe -- 3. Democracy in Europe: Between a Rock and Hard Place -- 4. Populism, human rights, and (un-)civil society -- 5. The Epistemic Vices of Democracies in the Age of Populism -- 6. Too Little, But Not Too Late? Assessing the Role of Sanctions in the EU's Rule of Law Conflict with Poland -- Part II: Political perspectives on populism and the rule of law in key political contexts -- 7. The rule of law as a cornerstone of anti-populism: European institutions, populists, and the people in European Parliament debates -- 8. Democracies Under Pressure in Pandemic Times: The Relationship between State of Emergency and Rule of Law in Angela Merkel and Victor Orbán’s Political Communication -- 9. Gender rights and opposition to Populism -- 10. Left populism and the rule of law. Notes based on the Greek and Ecuadorian experiences -- 11. Predictors of populism and anti-populism in France and Poland: A comparative analysis -- Part III: Legal Perspectives on the Rule of Law in the European Union and Threats Posed by its Violation -- 12. The Principle of Legality as a Pillar of the EU's Rule of Law: Bridging the Gap Between International and National Law -- 13. Conditional or sustainable? The rule of law and judiciary reforms in the Western Balkans -- 14. EU social policy, social partners, and the rule of law -- 15. Climate change litigation and the rule of law in the European Union -- 16. The EU Sustainable corporate governance initiative and the rule of law -- Conclusions. .
    Abstract: This book reflects on the nature of the rule of law in the European Union and the present and future consequences of the attacks that are undermining it. Presenting various case studies, it analyses violations of the rule of law and their impact on the quality of European democracy and on the workings of civil and political society. Written from an interdisciplinary perspective, the book connects legal aspects related to infringements of the rule of law with their political and sociological consequences at both a general and the EU level. The book is divided into three parts. The first focuses on the rule of law in the European context and the threats to democracy posed by its violations. It examines how populist movements and parties utilize the erosion of the checks and balances in liberal democracies to weaken resisting intermediate bodies, such as dissenting civil society groups. The second part concentrates on the political perspectives, which it approaches both in terms of its general features and through a set of case studies related to violations of the rule of law. The third part provides a legal perspective on these issues and examines the impact of the rule of law and its infringement in several areas, impacting both the internal and external dimensions of the EU.
    DOI: 10.1007/978-3-031-55322-6
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  • 4
    Online Resource
    Online Resource
    An International Law Perspective on Harry Potter : Explaining Core Principles of International Law by Testing their Relevance in the Wizarding World (2024)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031575716
    Language: English
    Pages: 1 Online-Ressource(XIV, 139 p. 2 illus.)
    Edition: 1st ed. 2024.
    Series Statement: Springer Textbooks in Law
    Parallel Title: Erscheint auch als
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    Keywords: International law. ; Law ; Law ; Humanitarian law. ; Human rights. ; International criminal law. ; Law of the sea. ; Aeronautics
    Abstract: 1. Introduction to the World of International Law -- 2. Public International Law -- 3. International Humanitarian Law -- 4. International Human Rights Law -- 5. International Criminal Law -- 6. Air Law -- 7. Law of the Sea.
    Abstract: This textbook introduces readers to international law by linking it to the Harry Potter universe. Given the current changes in the international sphere away from a state-centric system to a multitude of non-state actors, it tests the legal regime by applying it to the out-of-the-box concept of wizards and thus rids the doctrinal debate of political factors. More specifically, the book explains core concepts of public international law, covering the elements of a state, state responsibility, jurisdiction, enforcement of international law and immunity. In the wizarding world, it addresses questions of statehood by discussing when a wizarding state is responsible for the crimes committed by its wizards, who has jurisdiction over crimes, and how international law is enforced. In addition, it introduces and explains the fundamentals of international humanitarian law, international human rights law, international criminal law, and air law by applying them to the wizarding world. The textbook is intended for anyone looking for an accessible introduction to public international law and its application.
    DOI: 10.1007/978-3-031-57571-6
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  • 5
    Online Resource
    Online Resource
    International Yearbook of Soil Law and Policy 2022 (2024)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031406096
    Language: English
    Pages: 1 Online-Ressource(XI, 331 p.)
    Edition: 1st ed. 2024.
    Series Statement: International Yearbook of Soil Law and Policy 2022
    Parallel Title: Erscheint auch als
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    Keywords: Environmental law, International. ; Soil science. ; International law. ; Human rights. ; Climatology. ; Environmental policy.
    Abstract: Part 1: the theme: sustainable soil management and climate mitigation and adaptation -- Sustainable Soil Management and Soil Carbon Sequestration -- The Climate Decision of the German Constitutional Court and its Implications on Soil Management -- Legislative Protection for the Soil Environment and Climate Change. Unsealing: Benefits, Potentials, Legal Provisions and Funding: the German Experience -- Land-use Implications of Carbon Dioxide Removal: An Emerging Legal Issue? -- "What place for contractual commitments in the protection of European agricultural soils? -- The example of carbon sequestration" -- Part 2: Recent international developments -- UNFCCC CoP26: Key Outcomes for Soil Management -- The mainstreaming agenda of the CBD and its value to protect and to enhance soil ecosystem services -- Part 3: Regional/national reports -- Soil protection law in Japan -- Soil-related laws in Thailand -- Effective governance for sustainable soil management at national level: Selected recommendations based on African and German soil law studies -- Part 4: Cross-cutting issues -- PFASs in soil and groundwater– comprehensive challenges and progress in regulation and management in Germany -- An African Legal, Cultural and Religious Perspective of Sustainable Soil Governance.
    Abstract: This open access book presents an important discussion on the interface between sustainable soil management and climate mitigation and adaptation. It investigates a variety of aspects in this context, such as the political and societal consequences for countries in the Global South, an assessment of the outcomes of the UNFCCC Conference of Parties held in Glasgow, appropriate legal instruments to promote desealing, regulatory concepts for negative emissions in soil and land use, the debate in Europe on carbon uptake in soils and the climate-related policy of the Convention on Biological Diversity. Lastly, it provides information on recent court rulings on climate mitigation in Germany and Australia and their relevance for sustainable soil management. This sixth volume of the International Yearbook of Soil Law and Policy is divided into four parts, the first of which deals with various aspects of the theme “Climate Mitigation and Adaptation and Sustainable Soil Management.” The second part covers recent international developments, the third presents regional and national reports, and the fourth discusses overarching issues. Given the range of key topics covered, the book offers an indispensable tool for all academics, legislators and policymakers working in this field. The “International Yearbook of Soil Law and Policy” series discusses central questions in law and politics with regard to the protection and sustainable management of soil and land – at the international, national, and regional level.
    Note: Open Access
    DOI: 10.1007/978-3-031-40609-6
    URL: kostenfrei
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  • 6
    Online Resource
    Online Resource
    Conservation of Contemporary Art : Bridging the Gap Between Theory and Practice (2024)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031423574
    Language: English
    Pages: 1 Online-Ressource(VIII, 401 p. 57 illus., 49 illus. in color.)
    Edition: 1st ed. 2024.
    Series Statement: Studies in Art, Heritage, Law and the Market 9
    Parallel Title: Erscheint auch als
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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
    DOI: 10.1007/978-3-031-42357-4
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  • 7
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    Online Resource
    Business Data Ethics : Emerging Models for Governing AI and Advanced Analytics (2024)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031214912
    Language: English
    Pages: 1 Online-Ressource(XVII, 101 p. 13 illus., 12 illus. in color.)
    Edition: 1st ed. 2024.
    Series Statement: SpringerBriefs in Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Information technology ; Mass media ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Artificial intelligence. ; Business ethics. ; Corporate governance.
    Abstract: 1. What is AI Ethics Management and Why Does it Matter? -- 2. AI Can Injure People and Damage Business Reputation -- 3. Why Companies Pursue AI Ethics Management -- 4. How to Draw Substantive Lines Between Ethical, and Unethical, Uses of AI -- 5. Management Structures and Processes for Achieving Responsible and Ethical AI -- 6. The Next Stage: AI for the Social Good -- 7. Conclusion.
    Abstract: This open access book explains how leading business organizations attempt to achieve the responsible and ethical use of artificial intelligence (AI) and other advanced information technologies. These technologies can produce tremendous insights and benefits. But they can also invade privacy, perpetuate bias, and otherwise injure people and society. To use these technologies successfully, organizations need to implement them responsibly and ethically. The question is: how to do this? Data ethics management, and this book, provide some answers. The authors interviewed and surveyed data ethics managers at leading companies. They asked why these experts see data ethics as important and how they seek to achieve it. This book conveys the results of that research on a concise, accessible way. Much of the existing writing on data and AI ethics focuses either on macro-level ethical principles, or on micro-level product design and tooling. The interviews showed that companies need a third component: data ethics management. This third element consists of the management structures, processes, training and substantive benchmarks that companies use to operationalize their high-level ethical principles and to guide and hold accountable their developers. Data ethics management is the connective tissue makes ethical principles real. It is the focus of this book. This book should be of use to organizations that wish to improve their own data ethics management efforts, legislators and policymakers who hope to build on existing management practices, scholars who study beyond compliance business behavior, and members of the public who want to understand better the threats that AI poses and how to reduce them.
    Note: Open Access
    DOI: 10.1007/978-3-031-21491-2
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  • 8
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    Are Legal Systems Converging or Diverging? : Lessons from Contemporary Crises (2024)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Show associated volumes/articles
    Details
    ISBN: 9783031381805
    Language: English
    Pages: 1 Online-Ressource(XI, 347 p.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
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    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law.
    Abstract: Introduction: Convergence and divergence in times of crisis -- Part I: Conceptual and theoretical perspectives -- Terminology -- The concept of legal convergence -- Resisting legal convergence -- Part II: Thematic and jurisdictional case studies 1: private law -- Bankruptcy law in the United States -- Labour law in the United Kingdom -- Consumer law in Ghana -- Family and child law in Chile -- Contract law in Germany -- Part III: Thematic and jurisdictional case studies 2: public law -- Environmental law in China -- Healthcare law in Denmark -- Immigration law in Russia -- Social rights in Australia -- Part IV: Convergence and divergence in context -- Harmonisation and European integration in times of crisis -- International judicial cooperation in times of crisis -- The influence of binding international instruments on domestic laws in times of crisis -- The role of soft law in times of crisis -- Part V: Concluding comments -- Conclusion: Are legal systems converging or diverging?.
    Abstract: This book focuses on two main aspects: legal convergence and crises. Despite the abundance of literature on legal convergence over the years, the question of whether legal systems are converging or diverging remains unanswered. This book provides a valuable contribution to questions concerning comparative law, legal convergence, and legal transplants by examining them through the lens of crises. Crises challenge countries’ legal systems and prompt institutional responses to tackle perceived shortcomings in the law. The crises witnessed by the world over the last two decades have highlighted two seemingly contradictory tendencies: (i) increased cooperation and a natural phenomenon of legal convergence as states find common solutions to common problems; (ii) a preference for state-centric solutions, which prioritise domestic interests; rejection of supranational standards and harmonisation efforts; and protection of domestic sovereignty. This book aims to determine whether, in times of crisis, foreign laws, rules, and concepts can transcend countries’ domestic legal systems, or whether states’ responses to crises lead to legal divergence and disintegration. Unlike traditional studies on convergence, this edited volume takes an international and cross-thematic approach, with chapters focusing on how legislation in selected jurisdictions has responded to crises. Therefore, the book’s originality lies in its truly global nature, with chapters and authors surveying jurisdictions in Africa, North and South America, Asia, Europe and Oceania. The breadth of legal areas covered, with a mix of private and public law, also add to its uniqueness. From Russia to Germany and from bankruptcy law to environmental law, the book examines whether, as a result of crises, policy and legal responses have adopted, copied, or implemented features, policies, principles and/or rules from other legal systems (convergence), or have departed from existing legal norms, adopting policies and rules that differ from those of other countries (divergence).
    DOI: 10.1007/978-3-031-38180-5
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  • 9
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    ICC Jurisprudence and the Development of International Humanitarian Law (2024)
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    Details
    ISBN: 9783031459948
    Language: English
    Pages: 1 Online-Ressource(XX, 273 p.)
    Edition: 1st ed. 2024.
    Series Statement: Global Issues
    Parallel Title: Erscheint auch als
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    Keywords: International law. ; Human rights. ; International criminal law.
    Abstract: Chapter 1- The Contribution of the International Criminal Court to the development of International Humanitarian Law -- Part I: Methodology of law-finding before the International Criminal Court -- Chapter 2- Freezing or consolidating the development of war crimes law? The International Criminal Court and the role of judicial innovation -- Chapter 3- The development of international humanitarian law in the jurisprudence of the International Criminal Court: Formulation and interpretation of Article 8 of the Rome Statute -- Chapter 4: Comparing international criminal tribunals’ interpretive approaches to international humanitarian law -- Chapter 5- Human Rights Rules and Principles in the Legal Regime of the International Criminal Court: Refining the Super-legality Approach. Part II: Developments in respect of the substantive elements of international criminal law -- Chapter 6 -The contribution of the International Criminal Court towards conflict classification from Lubanga to Ongwen: Demystifying or muddying the notion of ‘protracted armed conflict’ under Article 8(2)(f) of the Rome Statute -- Chapter 7 -The International Criminal Court and the protection of child soldiers against intra-party violence -- Chapter 8- ‘Regularly Constituted’ Courts of Non-State Armed Groups between Rome and Geneva -- Chapter 9- The interplay between international and national law in Colombia’s Special Jurisdiction for Peace. Chapter 10-Contextualizing Ongwen at the ICC: Underlying narratives and the expressivist function of judgments.
    Abstract: This book explores how International Humanitarian Law (IHL) has been developed in the jurisprudence and practice of the International Criminal Court (ICC). A partial focus is given to the phenomenon of child soldiering which became symptomatic for the early practice of the ICC. The book provides readers with broad insight into the activity of the ICC. The first part contains chapters focused on the methodology of law-finding before the ICC, i.e., identification, interpretation, and application of the law. The authors address complex issues concerning the mutual relationship between treaty law (Article 8 of the ICC Statute) and customary international (humanitarian) law and explore the relevance of IHRL in the application and interpretation of Article 8 of the Rome Statute. The second part consists of chapters focused on substantive international criminal law. The authors address issues concerning contextual elements of war crimes, passive personal scope of IHL, denying judicial guarantees as a serious breach of IHL, forms of responsibility, and circumstances precluding wrongfulness. Martin Faix is Senior Lecturer in International Law at the Faculty of Law of the Palacký University in Olomouc, and at the Faculty of Law of the Charles University in Prague (part-time), Czech Republic. Ondřej Svaček is an associate professor at the Department of International and European Law, Faculty of Law, Palacký University in Olomouc and the Department of International and European Law, Faculty of Law, Masaryk University in Brno.
    DOI: 10.1007/978-3-031-45994-8
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  • 10
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    The Jurisdiction of the International Criminal Court (2024)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031461385
    Language: English
    Pages: 1 Online-Ressource(XXIII, 349 p. 7 illus., 3 illus. in color.)
    Edition: 2nd ed. 2024.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International criminal law. ; Humanitarian law. ; International law. ; Human rights. ; International organization.
    Abstract: 1 The Definition of International Crime -- 2 The Preconditions for the International Criminal Court to Exercise its Jurisdiction -- 3 The Crime of Genocide and the International Criminal Court’s Jurisdiction -- 4 Crimes Against Humanity Under the ICC’s Jurisdiction -- 5 The ICC’s Jurisdiction Over War Crimes -- 6 The Crime of Aggression: The Birth of a Crime -- 7 Immunities Under Art. 27 ICCRSt and the ICC’s Jurisdiction -- 8 The ICC’s Jurisdiction Following a Security Council’s Referral of a Situation Concerning Citizens of States Non-Parties to the ICC: the Situation in Sudan and Libya (Art. 25 UN Charter & 13(b) ICCRSt) -- 9 The Awakening Hypothesis of the Complementarity Principle -- 10 Ecocide: The Emergence of a New Crime within the Jurisdiction of the International Criminal Court? -- 11 Lethal Autonomous Weapons, Drones and Robots: to what extent their usage infringes upon established principles of international criminal law? -- 12 Cyber warfare: international criminal law in the digital era.
    Abstract: This book embarks on a comprehensive exploration of the jurisdiction of the International Criminal Court (ICC) and elucidates the three foundational aspects of its jurisdiction as laid out in the Rome Statute: the preconditions for exercising jurisdiction (Article 12 ICCRSt), its substantive competence regarding core crimes (Articles 5-8bis ICCRSt), and the principle of complementarity (Article 17§1(a) ICCRSt). This principle, crucial to understanding the ICC’s ‘ultimate jurisdiction’, is invoked only when a State Party demonstrates an inability or unwillingness to genuinely undertake investigation or prosecution. The book further probes the ‘negative preconditions’ of the Court’s jurisdiction, in particular, immunities (Article 27 ICCRSt) and exceptions through Security Council referrals (Articles 13(b) and 15 ICCRSt). Intended for students, scholars, and practitioners alike, this second edition offers invaluable insights into the ICC’s jurisdiction, making a notable contribution to the existing literature. Importantly, it also navigates emerging fields of international criminal law, addressing topical and thought-provoking subjects such as ecocide, cyber warfare, automated lethal weapons, artificial intelligence, and the legal complexities arising from the Russian invasion of Ukraine.
    DOI: 10.1007/978-3-031-46138-5
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  • 11
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    Writing Constitutions : Volume 2: Fundamental Rights (2024)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031396229
    Language: English
    Pages: 1 Online-Ressource(XLI, 644 p. 49 illus., 47 illus. in color.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Constitutional law. ; Human rights. ; Administrative law.
    Abstract: Chapter 1: Introduction to Fundamental Rights (Albrecht Weber/Karl-Peter Sommermann/Wolfgang Babeck) -- Chapter 2: Structure of Fundamental Rights Catalogues (Albrecht Weber) -- Chapter 3: Human Dignity (Albrecht Weber) -- Chapter 4: Civil Liberties I (Freedom, Life, Liberty, Privacy) (Albrecht Weber) -- Chapter 5: Civil Liberties II (Freedom of Thought, Expression, Religion, Assembly, Association and Movement) (Albrecht Weber) -- Chapter 6: Civil Liberties III (Property and Economic Rights, Educational Rights, Arts and Science, Asylum) (Albrecht Weber) -- Chapter 7: Equality Rights (Monika Florczak-Wątor) -- Chapter 8: Political Rights (Wolfgang Babeck/Diana-Urania Galetta/Albrecht Weber) -- Chapter 9: General Judicial Rights (Karl-Peter Sommermann/Albrecht Weber) -- Chapter 10: Specific Judicial Rights (Wolfgang Babeck) -- Chapter 11: Rights and Principles of the Economic, Social and Cultural Order (Eberhard Eichenhofer) -- Chapter 12: Global Collective Rights (Eberhard Eichenhofer) -- Chapter 13: Minority Rights (Albrecht Weber) -- Chapter 14: Rights of the Children, Elderly and Handicapped (Wolfgang Babeck/Albrecht Weber) -- Chapter 15: Environmental Rights (Wolfgang Babeck) -- Chapter 16: Constitutional Duties (Wolfgang Babeck) -- Chapter 17: Limitation and Derogation of Fundamental Rights (Albrecht Weber) -- Chapter 18: Judicial Protection of Fundamental Rights (Albrecht Weber).
    Abstract: Writing Constitutions intends to serve as a practical manual for those writing constitutions or interested in their design. It is the first systematic and universal approach to coherently capture concepts and contents of a modern constitution. Volume II is a user-friendly guide covering the current best practice in human rights and contains a draft catalogue of human rights. It empowers judges, lawyers, civil rights activists, legislators, and academics to draft and interpret over 70 Human Rights and strengthen democracies. Writing Constitutions comes in three volumes: - Volume I: Institutions - Volume II: Fundamental Rights - Volume III: Constitutional Principles.
    DOI: 10.1007/978-3-031-39622-9
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  • 12
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    Legal Aspects of Autonomous Systems : A Comparative Approach (2024)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031479465
    Language: English
    Pages: 1 Online-Ressource(XII, 382 p. 8 illus., 1 illus. in color.)
    Edition: 1st ed. 2024.
    Series Statement: Data Science, Machine Intelligence, and Law 4
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Information technology ; Mass media ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Artificial intelligence.
    Abstract: As computational power, the volume of available data, IT systems’ autonomy, and the human-like capabilities of machines increase, robots and AI systems have substantial and growing implications for the law and raise a host of challenges to current legal doctrines. The main question to be answered is whether the foundations and general principles of private law and criminal law offer a functional and adaptive legal framework for the “autonomous systems” phenomena. The main purpose of this book is to identify and explore possible trajectories for the development of civil and criminal liability; for our understanding of the attribution link to autonomous systems; and, in particular, for the punishment of unlawful conduct in connection with their operation. AI decision-making processes – including judicial sentencing – also warrant close attention in this regard. Since AI is moving faster than the process of regulatory recalibration, this book provides valuable insights on its redesign and on the harmonization, at the European level, of the current regulatory frameworks, in order to keep pace with technological changes. Providing a broader and more comprehensive picture of the legal challenges posed by autonomous systems, this book covers a wide range of topics, including the regulation of autonomous vehicles, data protection and governance, personality rights, intellectual property, corporate governance, and contract conclusion and termination issues arising from automated decisions, blockchain technology and AI applications, particularly in the banking and finance sectors. The authors are legal experts from around the world with extensive academic and/or practical experience in these areas.
    DOI: 10.1007/978-3-031-47946-5
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  • 13
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    Heritage in War and Peace : Legal and Political Perspectives for Future Protection (2024)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031473470
    Language: English
    Pages: 1 Online-Ressource(VIII, 587 p. 2 illus.)
    Edition: 1st ed. 2024.
    Series Statement: Law and Visual Jurisprudence 12
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Cultural property.
    Abstract: Introduction. Venturing to Find New Approaches to Heritage in Peril for the 21st Century -- Part I. Cultural Heritage Between Theory, the Past, and the Future -- Ruins as Cultural Heritage. Ethical and Aesthetic Considerations -- Finding the Intangible: Contested Cityscapes, Inclusive Cultural Heritage Determinations, Balancing Stakeholder Interests… Is Urban Property Law Up to the Challenge? -- Should Heritage be Preserved? Examining Contention Over Confederate Monument Removal -- Ruins and Heritages, the Great Mutation of China’s Diplomacy in its Encounter with Europe in the 19th Century -- Cultural Heritage Law and NaturalCultural Paradigms within the Sustainable Development Discourse -- Adopting a Holistic Approach to Cultural and Natural Heritage Protection under the UNESCO World Heritage Convention -- Cultural Heritage and the Conservation and Insecurity Paradigms: International Law in the Pursuit of Social Cohesion -- NFT and Blockchain Technology for a Sustainable Future of Cultural Heritage -- The Virtual Museum: How Technology and Virtual Reality may Help Protect and Promote Cultural Heritage -- The Two Most Important 21st Century Disputes in Cultural Heritage Law -- Part II. Heritage Issues in Times of War and Conflict -- The Protection of Cultural Property in the Case of Armed Conflict: The State of Current and Future Developments in Military Doctrine -- Military Necessity as an Exception in the Context of Cultural Heritage Protection: Exploring the Role Played by the Proportionality Principle -- Cultural Heritage as a Neutral Party: The Role of Neutrality in the Protection of Cultural Heritage During Armed Conflict -- Mens Rea in International Criminal Law: A Look at Eichmann’s Responsibility in the Light of Kant and Arendt -- Protecting Cultural Heritage in Times of War: A Study of the Gravity of Protection Rules vs the Weight of Violations -- To Break Their Will to Fight: The Weaponization of Heritage in Modern Irregular Warfare -- Heritage in War: International Criminal Responsibility for the Destruction of Cultural Heritage in Armed Conflict -- Destruction of Natural and Cultural Heritage during the Armed Conflicts: An International Law Perspective -- Facing Heritage Protection in Armed Conflicts, International Institutions and Civil Society -- Armed Non-State Actors and Cultural Heritage Protection under IHL -- Cultural Heritage and International Security through the role of ANSAs -- Part III. Heritage Issues in Times of Peace and Stability -- Law, Vague Legal Terms and Clothing as Everyday Culture -- Eat the Rich: A Rethinking of the Heritage-Crime-Development Nexus -- Mainstreaming Indigenous Peoples’ Human Rights in the Protection of Cultural and Natural Heritage: The Role and Issues Surrounding of Relevant Global Governance Actors -- The Legal Process of Transformation: Exploring the Interactive Relationship between Cultural Heritage and Geographical Indications (GIs) -- Gender, Traditional Cultural Expressions, and Intellectual Property: Exploring Women’s Empowerment and Cultural Production in Zambia -- Folk Art and Stylized Folk Art from the Perspective of Intellectual Property Law. Analysis of the Example of Two Polish Folk Song and Dance Ensembles, ‘Mazowsze’ and ‘Śląsk’ -- Part IV. Heritage as a Right: From the Fight for Preserving the Past to the Questions of Restitution -- Shrouds of Silence: Dismantling of the Heritage Sites of Middle Eastern Minorities as de facto Erasure of History -- The Consequences of Violence against Women and Children in Armed Conflicts for their Intangible Cultural Heritage. A Diachronic Perspective of Universal Rights of Women -- Cultural Heritage: A Critical Element of the Right to Education and the Right to Identity of Children in Armed Conflict -- Legal Obstacles to Claims for Restitution of Cultural Objects Removed as Spoils of War -- Cultural Heritage Law in the Dock: Protecting Cultural Objects in Un-recognized States and Governments -- Cultural Treasures and their Place of Origin: Crimean Treasures return to Kyiv -- Performing Special Protection: Cultural Heritage in PostWar Kosovo -- Conclusions. Heritage in War and Peace -- Afterword. Return to the First Seminar: Protecting an Invaluable Heritage. The Egyptian Case.
    Abstract: This edited collection, which brings together nearly fifty authors from across the globe and various disciplines, makes a valuable contribution to the field of conservation, covering a wide range of topics regarding the protection of heritage in times of war and peace. Uniquely linking the two typically separate perspectives, the book builds on the wealth of discussions that took place during the 2021 and 2022 installments of the international “Heritage in War and Peace” Seminars held in Rome and Montréal, respectively. Issues explored in the volume include but are not limited to questions surrounding the protection of contentious heritages, unsustainability of the current dichotomic cultural/natural heritage protection frameworks, digitalization of heritage, place of heritage in military conflicts, use of heritage by armed non-state actors, indigenous peoples’ relationships with heritage, the intersection of intellectual property (IP) law and heritage, human rights matters linked to heritage protection, and the latest case studies surrounding restitution. Given its scope, the book will be of particular interest not only to practitioners and conservation specialists but also to academics and students in the broader social sciences and humanities, and to all those who hope to preserve our heritage for future generations.
    DOI: 10.1007/978-3-031-47347-0
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  • 14
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    International Investment Law and Arbitration from a Latin American Perspective (2024)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031493829
    Language: English
    Pages: 1 Online-Ressource(XIII, 271 p.)
    Edition: 1st ed. 2024.
    Series Statement: International Law and the Global South, Perspectives from the Rest of the World
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; Trade regulation. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law). ; Economic history.
    Abstract: Introduction - Legal protection offered to foreign investment in Latin America: context and general trends -- PART I- International Investment Law in Latin America: Where do we Stand? -- Brazilian CFIA - Evolution towards the traditional? -- INTERNATIONAL INVESTMENT LAW IN CHILE: RECENT DEVELOPMENTS IN TIMES OF REFORM -- International Investment Law and its scope in Argentina -- Venezuelan investment arbitration experience: from unilateral termination of Dutch treaty, the denunciation of ICSID Convention to its continued participation as respondent State in investment arbitration -- Philip Morris v. Uruguay through the lens of the ISDS trilemma -- PART II - Trends in dispute governance and settlement -- Dispute Prevention Methods in the Brazilian Agreements on Cooperation and Facilitation of Investments (CFIAs) -- THE BRAZILIAN BRANCHES IN THE ARBITRATION BENCH: CHALLENGES AND POSSIBILITIES IN FACE OF THE “PRECATÓRIO” SYSTEM AND CONSENSUALITY -- PART III - Trends in connecting investment law toHuman Rights -- The 2017 BIT Model of Colombia: A Human Rights Assessment from Investment Disputes against the State -- Peru and International Investment Agreements: Legal and Institutional challenges under a Business and Human Rights Perspective -- PART IV - Trends in Regionalization -- Mexico in International Investment Law: From NAFTA to USMCA.
    Abstract: The book brings to light how Latin American states have traditionally stood before the field of International Investment Law and Arbitration. It delves into their posture of resistance to critically examine how their perspective has gradually changed and how they have adapted and molded their investment agreements so as not to leave their position as players in the field of International Investment Law. Many Latin American states have appeared as defendants before international investment tribunals and some of these, like Venezuela, Bolivia or Ecuador, have denounced their international investment agreements. Deeming the law field as imbalanced, they have looked for alternatives to continue providing legal protection to foreign investors while protecting their right to regulate in the name of public interest. Some interesting investment agreements models, sometimes of a different ilk, have consequently flourished and have arrested the attention of those studying or working with international investment law. The main objective of this book is to critically discuss how Latin American states have accepted, resisted, or adapted themselves to international investment law and arbitration. Accordingly, the general connection between these states and international investment law are explained in an introduction which examines the general trends as per which Latin American states have offered a legal protection to foreign investments. The first part enters the merits of where international investment law and arbitration stand in some Latin American states whereby the experience of Brazil, Chile, Argentina, Venezuela, and Uruguay are discussed. The following parts explain the trends in international investment law and arbitration in Latin America. These trends are namely related to dispute settlement and governance, to the connection between investment law and human rights and finally to regionalization. In these parts, the experience of states like Brazil, Colombia, Peru, and Mexico are perused.
    DOI: 10.1007/978-3-031-49382-9
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  • 15
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    Making and Changing Law in Small Jurisdictions (2024)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031469435
    Language: English
    Pages: 1 Online-Ressource(VIII, 200 p. 1 illus.)
    Edition: 1st ed. 2024.
    Series Statement: The World of Small States 11
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    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.
    DOI: 10.1007/978-3-031-46943-5
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  • 16
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    Jews and Muslims in German Print Media : Integration and Multiculturalism Versus Antisemitism and Islamophobia (2024)
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    Details
    ISBN: 9783031469626
    Language: English
    Pages: 1 Online-Ressource(XV, 279 p. 15 illus.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Linguistics ; Emigration and immigration. ; Knowledge, Sociology of. ; Islam and the social sciences. ; Islamic sociology. ; Judaism. ; Journalism.
    Abstract: Chapter 1. Introduction and outline -- Chapter 2. Methodology -- Chapter 3. Development over time -- Chapter 4. Phenomenological structure -- Chapter 5. Social roles of Jews and Muslims -- Chapter 6. Acculturation strategies -- Chapter 7. Emotional tone -- Chapter 8. Group homogeneity -- Chapter 9. Conclusion and recommendations.
    Abstract: This book uses a comparative research design to analyze the reporting on the Jewish minority and the Muslim minority in German newspapers from 2010-2019, asking whether minorities are truly treated as equals in the reporting of the mainstream German media. After providing historical and socio-political context for both groups as minority populations in Germany, the authors make use of qualitative and quantitative methods to examine sentiment and determine whether the media demonstrates a unifying or a well-differentiated portrayal of the two groups. The findings show that reporting on these groups is not as unbiased as many in Germany believe. Drawing on frameworks including the needs-based model of reconciliation, the revised integrated threat theory, and the model of acculturation strategies, the book then discusses the implications for both journalistic reporting and broader social policies in support of a constructive encounter of dominant and non-dominant groups in a diverse society. This book will be of interest to scholars and students in the field of migration, integration and intergroup relations, as well as those in communication, media studies, and discourse analysis. Katharina F. Gallant is a senior researcher at the Center for Development Research (ZEF) at the University of Bonn, Germany. Jolanda van der Noll is a senior researcher at the Chair of Community Psychology at the FernUniversität in Hagen, Germany.
    DOI: 10.1007/978-3-031-46962-6
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  • 17
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    Language, Society and the State in a Changing World (2023)
    Cham : Springer International Publishing | Imprint: Springer
    Details
    ISBN: 9783031181467
    Language: English
    Pages: 1 Online-Ressource (VI, 404 p. 1 illus)
    Edition: 1st ed. 2023
    Parallel Title: Printed edition
    Parallel Title: Printed edition
    Parallel Title: Printed edition
    DDC: 304.2
    RVK:
    ES 100
    Keywords: Human geography ; Linguistics ; Geography ; Language and languages—Study and teaching ; Aufsatzsammlung
    DOI: 10.1007/978-3-031-18146-7
    URL: https://doi.org/10.1007/978-3-031-18146-7
    URL: https://doi.org/10.1007/978-3-031-18146-7
    URL: Inhaltsverzeichnis
    URL: Ausführliche Beschreibung
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  • 18
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    Epistemological and Theoretical Foundations in Language Policy and Planning (2023)
    Cham : Springer International Publishing | Imprint: Palgrave Macmillan
    Details
    ISBN: 9783031223150
    Language: English
    Pages: 1 Online-Ressource (IX, 140 p. 3 illus., 2 illus. in color)
    Edition: 1st ed. 2023
    Parallel Title: Printed edition
    Parallel Title: Printed edition
    DDC: 306.449
    Keywords: Language policy ; Knowledge, Theory of ; Education and state ; Political planning ; Computational linguistics ; Linguistics
    DOI: 10.1007/978-3-031-22315-0
    URL: https://doi.org/10.1007/978-3-031-22315-0
    URL: Volltext  (URL des Erstveröffentlichers)
    URL: https://doi.org/10.1007/978-3-031-22315-0
    URL: Inhaltsverzeichnis
    URL: Ausführliche Beschreibung
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  • 19
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    The Urgent Need for Regulation of Satellite Mega-constellations in Outer Space (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031192494
    Language: English
    Pages: 1 Online-Ressource(XXII, 139 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: SpringerBriefs in Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Aeronautics—Law and legislation. ; Law of the sea. ; International law. ; Astronomy. ; Aeronautics
    Abstract: Introduction -- The Diplomacy of Science in a Time of Geopolitical Change -- The Orbital Internet and the Threat to Science -- Establishing a Governance Framework for a Global Commons in Outer Space -- Towards Temperance Through Proportionality -- Conclusion.
    Abstract: This book calls for the urgent regulation of satellite mega-constellations in outer space, proposing a new model of “international regulatory coordination”, in order to ensure the sustainable balance of science and advanced telecommunications. We are currently witnessing expansion of the Internet off our planet. The proliferation of new space-based internet connectivity has been accompanied by much discussion about the potential impact on astronomy. Scientists are increasingly concerned that mega-constellations proposed by SpaceX, OneWeb, Amazon and Facebook, might wreak havoc on scientific research and transform our view of the stars. These commercial operators plan to launch hundreds of thousands of satellites into Low-Earth Orbit (LEO) in the coming decade, representing a 1000% increase on objects currently in orbit. This book examines this new space race in the context of historical rivalries, for it is clear that mega-constellations are being actively pursued by a US administration determined to dominate LEO as tensions with China rise. This creates a risk of interference with earth-based scientific activities that use optical and radio frequency techniques to study the universe. This book examines these developments in the context of the Outer Space Treaty (OST), which provides all States with the freedom of scientific investigation, exploration and use of outer space, while balancing this with obligations to avoid interference with the space activities of other States. It draws upon interviews with some of Europe’s leading astronomers in order to highlight the extent to which the issue will require legal and regulatory reform of mega-constellation licensing processes, to ensure the integrity of astronomical science is preserved. The race to dominate LEO also comes at a time when the monopolistic power of Facebook, Amazon and other TechGiants, is under renewed scrutiny in western democracies. The author argues that a new governance framework for launch and operational licenses is urgently required, in which impact risk assessments, scale and proportionality, and stakeholder consultation processes should play important roles. It is now vital that the astronomical community – whose skill-set does not generally involve leading regulatory strategies – engage with those who can support its leadership in exerting a renewed influence. The diplomacy of science, which played a vital role during the Cold War and the establishment of global commons, must be reinvigorated for the New Space era.. It is now vital that the astronomical community – whose skill-set does not generally involve leading regulatory strategies – engage with those who can support its leadership in exerting a renewed influence. The diplomacy of science, which played a vital role during the Cold War and the establishment of global commons, must be reinvigorated for the New Space era.. It is now vital that the astronomical community – whose skill-set does not generally involve leading regulatory strategies – engage with those who can support its leadership in exerting a renewed influence. The diplomacy of science, which played a vital role during the Cold War and the establishment of global commons, must be reinvigorated for the New Space era.. It is now vital that the astronomical community – whose skill-set does not generally involve leading regulatory strategies – engage with those who can support its leadership in exerting a renewed influence. The diplomacy of science, which played a vital role during the Cold War and the establishment of global commons, must be reinvigorated for the New Space era.. It is now vital that the astronomical community – whose skill-set does not generally involve leading regulatory strategies – engage with those who can support its leadership in exerting a renewed influence. The diplomacy of science, which played a vital role during the Cold War and the establishment of global commons, must be reinvigorated for the New Space era.. It is now vital that the astronomical community – whose skill-set does not generally involve leading regulatory strategies – engage with those who can support its leadership in exerting a renewed influence. The diplomacy of science, which played a vital role during the Cold War and the establishment of global commons, must be reinvigorated for the New Space era.. It is now vital that the astronomical community – whose skill-set does not generally involve leading regulatory strategies – engage with those who can support its leadership in exerting a renewed influence. The diplomacy of science, which played a vital role during the Cold War and the establishment of global commons, must be reinvigorated for the New Space era.. It is now vital that the astronomical community – whose skill-set does not generally involve leading regulatory strategies – engage with those who can support its leadership in exerting a renewed influence. The diplomacy of science, which played a vital role during the Cold War and the establishment of global commons, must be reinvigorated for the New Space era.. It is now vital that the astronomical community – whose skill-set does not generally involve leading regulatory strategies – engage with those who can support its leadership in exerting a renewed influence. The diplomacy of science, which played a vital role during the Cold War and the establishment of global commons, must be reinvigorated for the New Space era.. It is now vital that the astronomical community – whose skill-set does not generally involve leading regulatory strategies – engage with those who can support its leadership in exerting a renewed influence. The diplomacy of science, which played a vital role during the Cold War and the establishment of global commons, must be reinvigorated for the New Space era.
    DOI: 10.1007/978-3-031-19249-4
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  • 20
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    Frontiers – Law, Theory and Cases (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031136078
    Language: English
    Pages: 1 Online-Ressource(XIV, 250 p. 3 illus.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Aeronautics—Law and legislation. ; Human rights. ; Law and the social sciences. ; Law of the sea. ; International law. ; Aeronautics
    Abstract: As an Introduction: The Term ‘Frontier’ and Kindred Concepts -- Part I. Theory, Law & Cases -- The Emergence of Frontier as a Concept: Classical Theoretical Approaches and Territorial Differences -- Maritime Territorialization and Governance: Geopolitical and Legal Issues Concerning Delimitation of Extended Continental Shelves in the Caribbean Sea and the Arctic Ocean -- Borders in Airspace and Outer Space -- Cyberspace: A New Frontier -- International Watercourses: Between the Division and the Border Unit -- Part II. Cases, Theory & Law -- Borders, Migration and Human Rights: Case of The United States and Mexico -- Schengen Area: Reflections on the European Border Crisis -- Colombian-Venezuelan land border relationship: Human Rights Vulnerability and geopolitical context -- The Injury of Sovereignty in Ecuador in The Management of the Debt Crisis: The Role of IMF -- As a Conclusion: The New Relevance of the Old Frontier.
    Abstract: This book focuses on current frontier-related issues such as humanitarian crises, economic crises, discrimination of migrants in certain countries, different typologies of borders such as land, maritime, air, space, and even cyberspace borders, and environmental protection of water resources at borders. It addresses legal and theoretical considerations and presents empirical cases showing the manifestations of the concept in the real world and its dynamics. Without claiming to exhaust the debate on frontiers, especially given the breadth of the subject and the large number of viewpoints from which the phenomenon can be examined, this book intends to be a helpful source of insights for academics, university students, and others who wish to explore the complex and multifaceted worlds that emerge, particularly in a globalized society, from the interaction between the various actors and scenarios that shape the reality of frontiers.
    DOI: 10.1007/978-3-031-13607-8
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  • 21
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    Outer Space and Popular Culture : Influences and Interrelations, Part 3 (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031253409
    Language: English
    Pages: 1 Online-Ressource(V, 99 p. 39 illus., 38 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Southern Space Studies
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Aeronautics—Law and legislation. ; Law of the sea. ; International law. ; Solar system. ; Popular Culture. ; Aeronautics
    Abstract: 1. Mexican Mars: Narrating Spatial Futures from the Margins -- 2. Jellyfish from Outer Space -- 3. Space travel: Human Cosmic Hitchhiker Concept -- 4. AFRICA: Home of Space Art and Indigenous Astronomy.
    Abstract: This book provides detailed insights into how space and popular culture intersect across a broad spectrum of examples, including cinema, music, art, arcade games, cartoons, comics, and advertisements. This is a pertinent topic since the use of space themes differs in different cultural contexts, and these themes can be used to explore various aspects of the human condition and provide a context for social commentary on politically sensitive issues. With the use of space imagery evolving over the past sixty years of the space age, this is a topic ripe for in-depth exploration. The book also discusses the contrasting visions of space from the late nineteenth and early twentieth centuries and the reality of today and analyzes space vehicles and habitats in popular depictions of space from an engineering perspective, exploring how many of those ideas have actually been implemented in practice and why or why not (a case of life imitating art and vice versa). As such, it covers a wide array of relevant and timely topics examining intersections between space and popular culture and offering accounts of space and its effect on culture, language, and storytelling from the southern regions of the world.
    DOI: 10.1007/978-3-031-25340-9
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  • 22
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    Property meeting the challenge of the commons (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031252181
    Language: English
    Pages: 1 Online-Ressource(VI, 537 p. 1 illus.)
    Series Statement: Ius Comparatum - Global Studies in Comparative Law 59
    Series Statement: Ius comparatum - global studies in comparative law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Human rights.
    Abstract: Meeting the Challenge of the Commons: An Emerging Field of Common Core Research -- Property Meeting the Challenge of the Commons in Belgium -- Property Meeting the Challenge of the Commons in Canada -- Property Meeting the Challenge of the Commons in Croatia -- Property Meeting the Challenge of the Commons in Germany -- Meeting the Challenge of the Commons in Italy -- Property Meeting the Challenge of the Commons in The Netherlands -- La Propriété Face aux Défis des biens Communs au Québec -- Property Meeting the Challenges of the Commons in Russia -- Property Meeting the Challenge of the Commons in Slovakia -- Property Meeting the Challenges of the Commons in South Africa -- Property Meeting the Challenge of the Commons in Spain -- Property Meeting the Challenge of the Commons in Sweden -- Property Meeting the Challenge of the Commons in the United States.
    Abstract: This book explores the challenge that the commons present to the private-public dichotomy in a wide variety of national legal systems representing the West European legal tradition as well as post-socialist and post-colonial experiences. It presents national reports from 13 jurisdictions, ranging from Belgium and the South Africa to the US. Constituting the outcome of the 20th General Congress of the International Academy of Comparative Law, held in Fukuoka, Japan in July 2018, it offers a valuable and unique resource for the study of comparative law.
    DOI: 10.1007/978-3-031-25218-1
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  • 23
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    Balkan Yearbook of European and International Law 2022 (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    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.
    DOI: 10.1007/978-3-031-29432-7
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  • 24
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    Tort Liability in Multinational Corporate Groups : A Comparative Analysis with Particular Focus on Turkey (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031293368
    Language: English
    Pages: 1 Online-Ressource(XVII, 290 p.)
    Edition: 1st ed. 2023.
    Series Statement: Ius Gentium: Comparative Perspectives on Law and Justice 107
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Human rights.
    Abstract: Introduction -- Introduction to FDL and the Nature of FDL Claims -- Multinational Corporate Groups, Their Position in International Law and Regulating Multinational Corporate Groups -- Comparative Analysis of Substantive Legal Grounds for FDL -- A Comparative Analysis of FDL under Private International Law -- Conclusion.
    Abstract: Multinational corporate groups are important actors in today’s global economy, with the power to impact the masses through their activities. National legal systems, which usually have no extraterritorial authority, remain insufficient to regulate the activities of multinational corporate groups, which operate worldwide, not only in the countries where the parent companies reside (home country), but also in countries where the subsidiaries operate (host countries). The mentioned lack of an effective legislation leads to an unjust imbalance – to the benefit of multinational corporate groups and to the detriment, especially, of involuntary creditors, such as tort victims of corporate activities, which predominantly concern human rights abuses and environmental violations. Against this backdrop, the book firstly assesses the position of multinational corporate groups in international law and then discusses potential reforms to corporate law that would allow for a multi-stakeholder approach. It analyses certain aspects of Turkish tort law that could potentially accommodate liability claims against the parent companies of multinational corporate groups for damage incurred due to their transnational subsidiaries’ activities (referred to as ‘foreign direct liability’ in legal doctrine). To this end, the potential legal grounds of fault liability and strict liability are assessed under Turkish law, with a particular focus on the duty of care, in comparison with the corresponding case law in the UK and the Netherlands. Mandatory human rights due diligence is also analysed with a view to proposing a new regulation in Turkish law. Lastly, the aspects of foreign direct liability claims related to private international law are assessed in order to answer the questions of jurisdiction and applicable law within the scope of a comparative legal study.
    DOI: 10.1007/978-3-031-29336-8
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  • 25
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    Legal Agreements on Smart Contract Platforms in European Systems of Private Law (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031354076
    Language: English
    Pages: 1 Online-Ressource(XII, 416 p. 9 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Law, Governance and Technology Series 56
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Information technology—Law and legislation. ; Mass media—Law and legislation. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Information technology ; Mass media
    Abstract: 1 Introduction -- 2 Technology -- 3 Formation of contracts -- 4 Interpretation and balance of power -- 5 Vitiating factors -- 6 Private International law -- 7 Conclusion.
    Abstract: Blockchains and smart contracts are emerging technologies that pose unique challenges for legal systems. This book outlines the extent to which these new and innovative technologies could have potentially disruptive effects on contract law in Europe. It does so through a comparative, three-part analysis of the recognisability and effects of smart contracts in European legal systems. First of all, in light of the technologies’ transboundary nature, the book employs a comparative approach, considering French law, German law, English law, and Dutch law to analyse the impact on the different systems of contract law. While doing so, it also addresses the formation, interpretation, and vitiation of contracts. Secondly, it analyses the impact of these technologies on European laws regarding unfair terms in consumer contracts and argues that the existing rules should be applied to smart legal agreements in business-to-consumer relations. Lastly, it analyses the current European rules of private international law on the basis of which jurisdiction and applicable law are developed. In this respect, the book concludes that the vast majority of these European rules are “smart contract-proof”.
    DOI: 10.1007/978-3-031-35407-6
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  • 26
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    Legalization of international law and politics : multi-level governance of human rights and aggression (2023)
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    Details
    ISBN: 9783031171697
    Language: English
    Pages: 1 Online-Ressource (v, 306 Seiten)
    Edition: 1st ed. 2023
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; Human rights. ; International relations. ; International organization. ; International criminal law. ; Internationales Recht ; Entkriminalisierung ; Verrechtlichung ; Menschenrecht ; Beachtung ; Missachtung ; Rechtsanwendung ; Innerstaatliches Recht ; Erde
    Abstract: This book provides an expanded conceptualization of legalization that focuses on implementation of obligation, precision, and delegation at the international and domestic levels of politics. By adding domestic politics and the actors to the international level of analysis, the authors add the insights of Kenneth Waltz, Graham Allison, and Louis Henkin to understand why most international law is developed and observed most of the time. However, the authors argue that law-breaking and law-distorting occurs as a part of negative legalization. Consequently, the book offers a framework for understanding how international law both produces and undermines order and justice. The authors also draw from realist, liberal, constructivist, cosmopolitan and critical theories to analyse how legalization can both build and/or undermine consensus, which results in either positive or negative legalization of international law. The authors argue that legalization is a process over time and not just a snapshot in time. Henry (Chip) Carey is Associate Professor of Political Science at Georgia State University, USA. Stacey M. Mitchell is Associate Professor of Political Science at Georgia State University’s Perimeter College, USA. .
    Note: Introduction : re-conceptualizing legalization—the positive and negative uses and effects of international law , Legalization with lawyers in lawfare : the case of national security , Legalization of reform of torture laws and practices : compliant, exceptionalist, and hybrid types , Limits to the legalization of economic, social, and cultural rights : ambiguous obligation and imprecision with varying implementation , Positive and negative legalization of women’s rights : the limits on implementation by the committee for the elimination of discrimination against women , Legalization of human rights in Africa , European regional effects on legalization , Conclusions about legalization
    DOI: 10.1007/978-3-031-17169-7
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    Language Contacts and Discourses in the Far North (2023)
    Cham : Springer International Publishing | Cham : Springer International Publishing AG
    Details
    ISBN: 9783031429798 , 3031429796
    Language: English
    Pages: 1 Online-Ressource (XIX, 359 Seiten) , 11 illus., 9 illus. in color.
    Edition: 1st ed. 2023
    Series Statement: Arctic Encounters
    Parallel Title: Erscheint auch als Language Contacts and Discourses in the Far North
    DDC: 418
    Keywords: Intercultural communication ; Human geography ; Linguistics ; Applied anthropology ; Intercultural Communication ; Human Geography ; Linguistics ; Applied Anthropology
    DOI: 10.1007/978-3-031-42979-8
    URL: kostenfrei
    URL: Inhaltsverzeichnis
    URL: Ausführliche Beschreibung
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  • 28
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    A Historical and Legal Comparison between Tianxia Wei Gong and Quod Omnes Tangit (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    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
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    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.
    DOI: 10.1007/978-3-031-46467-6
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  • 29
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    Gender-competent legal education (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031143601
    Language: English
    Pages: 1 Online-Ressource (XIII, 709 Seiten) , 1 Karte
    Edition: 1st ed. 2023.
    Series Statement: Springer textbooks in law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Human rights. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Sex. ; Identity politics.
    Abstract: Introduction by Mareike Fröhlich, Thomas Giegerich and Dragica Vujadinovic -- Part I Gender in a General Context: Gender Issues in Comparative Legal History by Una Divac, Maurilio Felici, Pietro Lo Iacono, Nina Kršljanin and Vojislav Stanimirović -- Feminist Political and Legal Theories by Antonio Álvarez del Cuvillo, Fabio Macioce and Sofia Strid -- Gender and Structural Inequalities from a Socio-legal Perspective by Eva Bermúdez Figueroa, Valerija Dabetić , Raquel Pastor Yuste and Zara Saeidzadeh -- Feminist Judgments by Marco Evola, Ivana Krstic and Fuensanta Rabadán Sánchez-Lafuente -- Gender Research and Feminist Methodologies by Zara Saeidzadeh -- Part II Gender in a Public Context: Human Rights Law through the Lens of the Gender Perspective by Marco Evola, Julia Jungfleisch and Tanasije Marinkovic -- The Evolving Recognition of Gender in International and European Law by Rigmor Argren, Marco Evola, Thomas Giegerich and Ivana Krstic -- Gender Equality Aspects on Public Law by Marko Davinic, Eleonor Kristoffersson and Tanasije Marinkovic -- Gender Perspective of Social Security Law by MªAngustias Benito and Carmen Jover Ramírez -- Gender Equitable Taxation by Marco Cedro, Eleonor Kristoffersson, Teresa Ponton Aricha and Lidija Živković -- Public Policies on Gender Equality by Vanesa Hervías Parejo and Branko Radulović -- Gender Competent Criminal Law by María Acale Sánchez, Ivana Marković and Susanne Strand -- Gender Perspective of Victimization, Crime and Penal Policy by Beatriz Cruz, Natalija Lukić and Susanne Strand -- Part III Gender in a Private Context: Gender Equality in the Different Fields of Private Law by Amalia Blandino, Letizia Coppo, Gabriele Carapezza Figlia, Snežana Dabic and Katarina Dolovic -- Gender Competent Family Law by Ivana Barac, Amalia Blandino, Letizia Coppo, Giampaolo Frezza, Uros Novakovic, Fuensanta Rabadán and Zara Saeidzadeh -- Labour Law and Gender by Thais Guerrero Padrón, Ljubinka Kovačević and Mª Isabel Ribes Moreno -- Integrating Gender Equality in Economics and Management by Lydia Bares Lopez, Francesca Costanza, Manuela Ortega Gil and Sofia Strid -- Gender, Business and the Law by Mareike Fröhlich, Tatjana Jevremović Petrović and Jelena Lepetić.
    DOI: 10.1007/978-3-031-14360-1
    URL: kostenfrei
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    Interim Measures in Cross-Border Civil and Commercial Disputes : Interim Relief Proceedings in International Litigation and Arbitration (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031287046
    Language: English
    Pages: 1 Online-Ressource(XIII, 155 p. 2 illus.)
    Edition: 1st ed. 2023.
    Series Statement: EYIEL Monographs - Studies in European and International Economic Law 30
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law). ; Commercial law. ; European Economic Community. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law.
    Abstract: 1. Introduction on Interim Measures and Cross-Border Disputes -- 2. Basis and Jurisdiction to Grant Interim Measures -- 3. Nature, Operation, Types of Interim Measures -- 4. Enforcement of Interim Measures -- 5. Interim Measures in Other Judicial and Quasi-Judicial Bodies -- 6. Assessment -- 7. Summary of results. Conclusion. .
    Abstract: The book focusses on applying a holistic overview of interim measures and associated procedures in the context of cross-border private law (civil and commercial) disputes that are the subject of international litigation and arbitration proceedings. It reexamines key features of said problem and outlines novel findings on interim relief in the area of international dispute resolution. The book analyses the rules of EU law (EU law regulations such as the Regulation Brussels Ibis and the rest of the Brussels regime) as the single system of cross-border jurisdictional rules, as well as the rules of international arbitration (both commercial and investment). In the process, it conducts a complete mapping of interim measures problems and explores the criteria for granting relief under national laws. For this purpose, it includes an extensive comparative law overview of many jurisdictions in Europe, Asia, Africa, the Americas, etc., to reveal common standards for granting interim relief. Interim relief is a salient problem in dispute resolution, and serious international disputes usually require requests for such measures. This makes a more complete understanding all the more important. For scholars and practitioners alike, there are various ways to seek relief; precisely this complexity calls for a more complex and multilayered analysis, which does not (as is usually the case) adopt the perspective of either litigation or arbitration, but instead weighs the pros and cons and considers the viability and reliability of the different options, viewed from all angles.
    DOI: 10.1007/978-3-031-28704-6
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    Weaponising Investments : Volume I (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    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.
    DOI: 10.1007/978-3-031-41475-6
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  • 32
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    Legal Aspects of the Recovery of Areas Degraded by Mining in the International Seabed (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031124921
    Language: English
    Pages: 1 Online-Ressource(XIV, 112 p.)
    Edition: 1st ed. 2023.
    Series Statement: SpringerBriefs in Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law of the sea. ; International law. ; Aeronautics ; Environmental law, International. ; Environmental management.
    Abstract: 1. Introduction -- 2. About the Area -- 3. Recovery of Degraded Area -- 4. On the Apparent Material Antinomy between Compliance with Mining Obligations in the Area and Mining Exploitation Rights and Commitments -- 5. Conclusions.
    Abstract: This book offers an innovative approach to the recovery of areas degraded by international seabed mining, one that considers the feasibility of a standard that would allow mining in these areas in apparent antinomy with their other potential present and future uses. The book begins by identifying and explaining the legal norms that allow mining in these areas and the rights and obligations in mining exploitation concomitant to other uses of them, based on an analysis of mining operations’ duty of Recovery of Degraded Areas. It reveals an antinomy in international law, namely the compatibility of degraded areas and their various present and future uses with the mining of the international seabed. The freedom to mine these areas could destroy the least impacted biome on the planet and undermine the international law system represented by the Cultural Heritage of Mankind and the Third United Nations Convention on the Law of the Sea (“UNCLOS III”). Recovery of Degraded Areas is an obligation in mining and, as such, requires structural changes in the reading of UNCLOS III; recognizing international roles other than those related to sovereignty; projecting the law into the future; and rereading it in light of international environmental law and its instruments.
    DOI: 10.1007/978-3-031-12492-1
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  • 33
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    Environmental Law Before the Courts : A US-EU Narrative (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031415272
    Language: English
    Pages: 1 Online-Ressource(X, 342 p.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Environmental law, International. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Law ; 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.
    DOI: 10.1007/978-3-031-41527-2
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  • 34
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    Constitutional Framework of European Labour Law in Italy, France, Germany, Portugal and Spain (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031457173
    Language: English
    Pages: 1 Online-Ressource(XI, 153 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. ; Social legislation.
    Abstract: 1.Introduction -- 2.Constitutionalisation of Labour Law -- 3.Horizontal application of fundamental rights -- 4.Collective Labour Law -- 5.Individual Labour Law.
    Abstract: The challenges that labour law currently faces are well known. The emergence of new forms of work and the growing importance of technology in the age of the Fourth Industrial Revolution are important tests of the resilience of this field of law and its function: regulating the labour market. Therefore, it is becoming increasingly important to examine the fundamentals of labour law, especially how subordinate labour is addressed in various countries’ constitutions, in order to focus the analysis of the new phenomena affecting labour relations on their fundamental frameworks. In this context, this book puts forward an overarching framework that reflects how the Italian, German, French, Portuguese, and Spanish constitutions view labour in terms of both collective and individual relations – particularly the right to collective bargaining, the right to strikes and lock-outs, job security, and the right to remuneration – without losing sight of each Constitution's historical and political context. The aim of this book is therefore to provide an overview of the labour law frameworks in the constitutions of these legal systems and to show, by means of practical examples, how the law concretely implements them. Accordingly, it provides notes on the legal treatment of the topics analysed, serving as a practical guide for the study of these matters in the respective jurisdictions. This book will be of interest to all students and scholars of labour law looking for an overview of the topics covered in all five jurisdictions.
    DOI: 10.1007/978-3-031-45717-3
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  • 35
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    Diversity of Enforcement Titles in the EU (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    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
    Parallel Title: Erscheint auch als
    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.
    DOI: 10.1007/978-3-031-47108-7
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  • 36
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    Covid-19 and Insurance (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031137532
    Language: English
    Pages: 1 Online-Ressource(XIII, 343 p. 2 illus.)
    Edition: 1st ed. 2023.
    Series Statement: AIDA Europe Research Series on Insurance Law and Regulation 7
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Commercial law. ; European Economic Community. ; Civil rights. ; European communities. ; Medical laws and legislation. ; Public health.
    Abstract: .-Insurance Developments in the Light of the Occurrence of the COVID-19 Pandemic.-Understanding Parametric Insurance: A Potential Tool to Help Manage Pandemic -- Business Interruption Insurance and COVID-19: A Critical Analysis of the Jurisprudence and the Response of the Spanish Insurance Sector -- COVID-19 and Business Interruption Coverage in the U.S.: an Example of Judicial Regulation -- American Exceptionalism: The COVID-19 Insurance Experience -- Business as (Un-) Usual. The Evolution of German Insurance Law and Especially Insurance Supervisory Law in the Time of COVID-19 -- Impact of COVID-19 on the Latin American Insurance and Reinsurance Market -- COVID-19 Treatment Refusal: Medical Liability Insurance in Greece in light of the Oviedo Convention -- The Influence of COVID-19 on Life insurance. Polish Market Perspective -- Impact of COVID-19 on Travel and Health Insurance -- The Impact of the COVID-19 Pandemic on the Sports Industry and Sports Insurance. Case of Novak Djokovic and Australian Open Tennis Tournament 2022 -- Directors & Officers Insurance and COVID-19: Future Exclusions with Retroactive Application.
    Abstract: This book offers a novel study on the impact of the Covid-19 pandemic on insurance from an international and comparative perspective. It assesses how insurance has to adapt to a new landscape, the effects of which will last over time and cut across all areas of the field. To avoid physical contact, digitalisation has accelerated dramatically, affecting insurance in all its phases: risk selection, underwriting, pricing and claims settlement. However, the effects of the Covid-19 pandemic go far beyond that. The extent to which a claim caused directly or indirectly by the virus is or is not covered by a given policy has been the subject of debate in many insurance branches. The most litigated cases worldwide are those that concern damages resulting from business interruption due to restrictions enforced by the authorities in virtually every country. This book analyses the rulings (for and against the insured) that have already been handed down by courts in various jurisdictions (for example in the US, Latin America, Spain and Germany), in order to provide guidance to the parties in future lawsuits and also to guide the courts’ own responses. This analysis extends to the measures that governments have taken in relation to insurance during the pandemic, as well as the changes that insurers have introduced in their general conditions to exclude coverage for the pandemic. This response is unsatisfactory, as the big question is how pandemic-related risks can be covered if private insurers simply refuse to do so. Solutions based on risk sharing with public entities or the use of contractual modalities such as parametric insurance are among those outlined by the authors. The book was written by experts from academia and lawyers specialising in this field, and written for all those interested in the field of insurance: lawyers, judges, academics and legal professionals.
    DOI: 10.1007/978-3-031-13753-2
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  • 37
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    European Yearbook of International Economic Law 2022 (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031285325
    Language: English
    Pages: 1 Online-Ressource(XII, 581 p.)
    Edition: 1st ed. 2023.
    Series Statement: European Yearbook of International Economic Law 13
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; Trade regulation. ; Commercial law. ; European Economic Community. ; International economic relations. ; Environmental Law.
    Abstract: Editorial -- PART I – Climate Change & Liability -- Climate Change Challenges Constitutional Law: Contextualising the German Federal Constitutional Courts Climate Jurisprudence within Climate Constitutionalism -- Trans-Nationally Determined Contributions for climate justice: Resolving a Paris Agreement’s contradiction that is working against developing states -- The Green Climate Fund, Climate Change and Corporate Due Diligence: What Role for the Private Facility Sector? -- Market Access Conditionality and Border Carbon Adjustments -- Removing Barriers to Climate Change Litigation: The Progressive Erosion of Central Banks’ Immunity -- The WTO Panel Report on US-Safeguard Measure on PV Products: A Decisive Victory for the Fight Against Climate Change? -- The Innovative Trade and Climate Action-Linkage in the EU-UK Trade and Cooperation Agreement – A Template for the EU’s New Approach to Green Trade Agreements -- The Investment Treaty Regime and the Clean Energy Transition -- Making the Energy Charter Treaty Climate-Friendly: An (Almost) Impossible Leap -- Making Finance Flows Consistent with the Aims of the Paris Agreement – Roles, Obligations, and Limitations of the EU Banking Sector and Its Regulatory and Supervisory Institutions -- The Double Materiality Principle (Article 19a NFRD) as Proposed by the Corporate Sustainability Reporting Directive – An Effective Concept to Tackle Green Washing? -- Assessing the Climate of ‘Shareholder based Climate Change Litigation’ in the Global South -- From Unilateral Border Carbon Adjustments to Cooperation in Climate Clubs: Rethinking Exclusion in Light of Trade and Climate Law Constraints -- Environmental and Sustainability Aspects in EU Competition Law – Towards a “More Economic & Ecological Approach” under Article 101 TFEU? -- Climate-Related Individual Rights Under EU Secondary Law and Limitations to Their Material Scope -- Reducing GHG Emissions in a Constitutional Democracy – When EU Civil Courts adjust the EU Emission Trading System -- The Proposed EU Regulation on Trade in Forest-Risk Commodities (FRCs): A First Assessment -- PART II – Current Challenges, Development and Events in European and International Economic Law -- Seven Years Inside the Trade Defence Machinery Room – How Political is the European Commission?.
    Abstract: Volume 13 of the EYIEL focuses on “Climate Change and Liability”. The volume starts with a distinguished essay about the decision of the German Constitutional Court on the Climate Change Act in a European and international context. The following contributions consider different aspects of climate change in international economic law.
    DOI: 10.1007/978-3-031-28532-5
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  • 38
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    Western Constitutionalism : History, Institutions, Comparative Law (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031408724
    Language: English
    Pages: 1 Online-Ressource(XI, 323 p.)
    Edition: 3rd ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Constitutional law. ; Political science.
    Abstract: The Forge of Constitutionalism -- Achievements: Constitutionalism in the Age of the Modern Revolutions -- The Different Paths of Western Constitutional Law in the 19th Century -- Constitutionalism in the Age of Democratization -- Framing Constitutional Democracy: The Anglo-American Experience -- Framing Constitutional Democracy: The European Experience -- The European Constitutional Space: The European Convention on Human Rights and the European Union -- The Worldwide Expansion of Constitutional Democracy.
    Abstract: This book explores the theoretical origins, historical foundation, political meaning, and legal development of western constitutionalism, as well as the structure and transformation of constitutional law in the Western World. Introducing the historical background of western constitutional traditions, it links this rich, conceptual framework with the legal arrangements of states’ constitutions and the current trends of the internationalization of constitutional law. Serving as a comprehensive introduction to constitutional studies, this book provides detailed information on the design of legal systems, while addressing the main critical, theoretical issues raised by constitutionalism in western democracies and in the global landscape. This new, third edition covers a broader scope, reflecting recent political and legal transformations, and is enriched in terms of didactic instruments for university students.
    DOI: 10.1007/978-3-031-40872-4
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  • 39
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    State and Enterprise : Legal Issues in the Global Market (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031104732
    Language: English
    Pages: 1 Online-Ressource(VI, 423 p. 23 illus., 22 illus. in color.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
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    Keywords: International law. ; Trade regulation. ; Law and economics. ; Private international law. ; Conflict of laws. ; Comparative law.
    Abstract: General Introduction. State and Enterprise in the Global Market by Maria Rosaria Mauro and Federico Pernazza -- Part I – State versus Enterprise: The national security clauses in international economic agreements: a loophole for States to escape their obligations? by Saverio Di Benedetto -- The US Regulation of Foreign Direct Investments by Andrea Guaccero -- Golden Powers in Strategic Sectors: A European Perspective by Gianluca Scarchillo -- The PRC Regulation of Foreign Direct Investment by Enrico Toti -- Part II – State as Enterprise/Enterprise as State: Management of Public Economic Entities: Fair, Accountable and Controlled by Guy Horsmans and Guillaume Horsmans -- The Role of State-Owned Enterprises in the Economic Transnational Relations by Federico Pernazza -- The Emergence of Sovereign Wealth Funds as New ‘Foreign Investors’: Problems and Perspectives by Maria Rosaria Mauro -- Sustainable Procurement: The Active Role of the State in Building a Sustainable and Inclusive Economic Growth by Barbara De Donno and Livia Ventura -- Part III – Enterprise v. State: The Relationship between a Host State and a Foreign Corporate Investor. A Few Remarks under International and EU Law by Pia Acconci -- Antitrust Law in Digital Markets by Gianluca Contaldi -- Clip Their Wings! Developments in the “Fight” Against Vulture Funds by Domenico Pauciulo -- When the Protection of Private Investors Prevails on the Interest of the Host State (or almost so): The Perenco v. Ecuador Case by Martina Di Lollo -- Part IV – State and Enterprise in State Capitalist Economies: Emerging Rules on Fair Trade and Reform of State-owned Enterprises in China by Qingjiang Kong -- White Stains of State Support Measures for Small and Medium-Sized Businesses in Russia by Kseniya Tyurenkova -- Reflections on Foreign Investment and the New Subjects on the Cuban Economy by Freddy Andrés Hung Gil -- Part V – Conclusion: Final Remarks by Diego Corapi.
    Abstract: This book addresses the regulation of the State/Enterprise relationship in the framework of international economic context. It analyzes this relationship from the discrete perspectives of conflict, cooperation, and integration in contributions by authors representing a diverse range of legal cultures and political backgrounds. The topic is investigated following three approaches: • State versus Enterprise (the State which bans, restricts, or regulates the activities of Enterprises, both domestic and foreign); • Enterprise versus State (the Enterprises, main actors of commercial, industrial or financial initiatives, which may directly or indirectly affect the legal and economic structure of the State); • State as Enterprise and Enterprise as State (public Enterprises under political control that pursue geopolitical goals, and Enterprises that rely on the political, financial, and strategic support of the State for their business expansion). Furthermore, the volume includes a special focus on the relationship State/Enterprise in non-capitalist economies (China, Russia, and Cuba). .
    DOI: 10.1007/978-3-031-10473-2
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  • 40
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    Environmental Public Interest Litigation in China (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031265266
    Language: English
    Pages: 1 Online-Ressource(XV, 404 p. 8 illus., 7 illus. in color.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Environmental law, International. ; Environmental Law. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Human rights. ; Environmental policy. ; Environmental management.
    Abstract: Part I EPIL in China: Historical Development and Theoretical Foundations -- Environmental Public Interest Litigation in China - An Overview -- Historical Development of Environmental Public Interest Litigation (EPIL) in China -- Defining Public Interest under the Environmental Public Interest Litigation System -- From Compensation to Prevention: Expanding the Function of EPIL in China -- The Standing to Sue of NGOs in Environmental Public Interest Litigation in China: A Doctrinal Analysis of Laws and Cases -- Environmental Public Interest Litigation and the Application of Civil Code -- Part II Substantive and Procedural Issues about EPIL In China -- Procuratorates at the Crossroad: Performance, Controversies and Prospects of Procuratorial EPIL in China -- Litigation for Ecological and Environmental Damage Compensation in China: EPIL with Typical Chinese Characteristics -- The Role of NGOs in China’s Environmental Public Interest Litigation -- Regulating through Litigation: Regulatory Functions of NGO-Led Civil Environmental Public Interest Litigation in China -- From Advocators to Rule Makers: Exploring the Role of Chinese Lawyers in Environmental Law Making and Public Interest Litigation -- Three-dimensional Model of Expertise-input for EPIL in China -- Judicial Application of Ecological Remediation Liability in EPIL: A Commentary to the Guiding Cases, Gazettes Cases and Model Cases of the SPC in China -- Looking Backwards, Looking Forwards: Environmental Public Interest Litigation in Soil Pollution Law -- Part III Reform the EPIL System in China: Problems and Solutions -- The Erroneous Setting of the Essential Attribute of Environmental Public Interest Liability in China -- From the Ternary Model to the Binary Model - On the Reconstruction of Litigation Systems for Environmental Public Interest -- Drawbacks in the System Design of the Environmental Public Interest Litigation and Ways for Improvement.
    Abstract: This book offers readers an accessible and broad-ranging guide to Environmental Public Interest Litigation (EPIL), which has burgeoned in China over the past decade. The aim of this book is to provide a systematic review of Chinese experiences with EPIL in environmental matters, both with a view to gauging its success to date and well as discussing some more critical aspects. To this end, the book systematically examines the establishment and development of EPIL in China's legal, social, and political contexts. It examines particularly the significant role and functions of EPIL in China's environmental governance, and the far-reaching impacts on Chinese civil society and governments. It also offers readers an insiders' perspective in terms of procedural and substantive issues with respect to EPIL, by reviewing the institutional designs, theoretical underpinnings and specific mechanisms, the roles of various participants and stakeholders involved in this legal process. At the same time, it studies leading EPIL cases raised from environmental pollution, natural resource damage and ecological damage, and the effectiveness of environmental adjudication that sustains EPIL as a new form of judicial instrument. This book is written to remedy the gap between Chinese and English literature in this area of law. The analysis of these issues, through a historic and comparative perspective, reveals the strengths and weaknesses of the current legal regime and serves as a basis for recommendations for bringing about more effective EPIL in China.
    DOI: 10.1007/978-3-031-26526-6
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  • 41
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    The Right to Research in Africa : Exploring the Copyright and Human Rights Interface (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031332821
    Language: English
    Pages: 1 Online-Ressource(XVI, 106 p.)
    Edition: 1st ed. 2023.
    Series Statement: SpringerBriefs in Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Information technology—Law and legislation. ; Mass media—Law and legislation. ; Africa—Politics and government. ; Human rights. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Information technology ; Mass media ; Africa
    Abstract: The Right to Research in Africa: An Overview of the Context and Issues for Consideration -- Research and the Copyright Challenge to Access to Information in Africa -- Distilling the Right to Research from International and Regional Human Rights Frameworks -- Sampling the Right to Research in National Constitutions and Bills of Rights in Africa -- The Right to Research: Is it Necessary and Justifiable in the African Context?.
    Abstract: This book formulates a human right to research in Africa based on an in-depth examination of the available international and regional human rights instruments as well as those relevant to the national contexts of African countries. The imbalances in the African copyright ecosystem regarding access to information for research and education became painfully apparent during the COVID-19 pandemic. African libraries and knowledge curators found themselves ill-equipped to perform their role of enabling access to information. As teaching, learning and research are increasingly done on digital platforms, learners and researchers continue to grapple with the challenges of accessing materials owing largely to the protection of these resources under copyright law. Access to information, which is needed in order to exercise the right to science and culture, faces a significant challenge posed by the exercising of exclusive rights by copyright owners without a legal mechanism that properly balances copyright from a human rights perspective. To achieve such a balance, there is an urgent need to revise the African copyright system from the perspective of human rights law. Can it be done by establishing a human right to research? In view of the existing broad freedom of expression, and the right to science and culture, education, and property in global, national and regional human rights regimes, is a specific right to research in Africa necessary and justifiable? If so, what should its minimum core components be? Are there international and national regimes already in place that could support the formulation of a human right to research in Africa? This book offers a valuable resource for law- and policymakers in the fields of copyright and human rights, judges, lawyers, public interest groups, researchers and students, librarians and authors, as well as the general public.
    DOI: 10.1007/978-3-031-33282-1
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  • 42
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    Self-Determination and Secession : In Between the Law, Theory and Practice (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    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.
    DOI: 10.1007/978-3-031-34322-3
    URL: lizenzpflichtig
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  • 43
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    Multidisciplinary Knowledge Production and Research Methods in Sub-Saharan Africa : Language, Literature and Religion (2023)
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    Details
    ISBN: 9783031355318
    Language: English
    Pages: 1 Online-Ressource(XV, 229 p. 1 illus.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
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    Keywords: Anthropology ; Linguistics ; Ethnology ; Culture. ; Philosophy. ; Postcolonialism.
    Abstract: 1. New directions in multidisciplinary knowledge production in sub-Saharan Africa: An introduction -- 2. From ‘sitting on the fence’ to rhizomatic thinking: An Appraisal of the heuristic ‘lines of flight’ in multi/inter disciplinary contemporary stylistics -- 3. Rupturing the traditional thought in search of novel heuristic voyages in New Testament studies. New reflections on Narratological methodology -- 4. Postcolonial African feminist research agenda: African women theologians’ search for liberating paradigms in oral and written religious and cultural texts -- 5. Discipline, decolonisation and agency -- 6. (Re) thinking and (re)theorising ‘multi’ and its futures in academic discourse studies -- 7. 'Collective Intelligence' a precursor for multidisciplinary research in Africa: An Appreciative Inquiry Perspective -- 8. Multi-disciplinary Era and shifting methodological pathways in New Testament Studies: A Stylistic paradigm -- 9. Decentring research in African Universities -- 10. “…Get out, you seer! Go back to the Land of Judah. Earn your bread there and do your prophesying there” (Amos 7:12). Deflecting Traditional Disciplinary Boundaries in Biblical Studies -- 11. Methodological and epistemological misconceptions about Mixed Methods Approach amongst university students -- 12. Packaging new wine into old wineskins: Possibilities and challenges of using virtual Ethnography in knowledge production in Zimbabwe -- 13. An interdisciplinary research approach: opportunities and challenges from a Zimbabwean perspective -- 14. Researching Religious Indigenous Knowledge in Zimbabwe: Methodological Issues for African Scholars -- 15. Old Methods and New Methods in sub-Saharan Africa: The Recap.
    Abstract: This book, Multidisciplinary Knowledge Production and Research Methods in Sub-Saharan Africa: Language, Literature and Religion, contributes to the polemical conversations about existing architectures of knowledge and research practices in postcolonial sub-Saharan Africa. It creates an academic platform for multi-interdisciplinary research that brings to the fore inspiring efforts to break away from long-standing disciplinary bordering thinking and practices in modern-day sub-Saharan Africa. This distinctive edited collection is a valuable resource for scholars, researchers and students of multi-interdisciplinary research across the globe. The volume also promotes wide-ranging research focused on how to address complexities which hamper the promise of multi-interdisciplinary research in contemporary sub-Saharan African contexts. It provides thought-provoking perspectives on academic conversations about the uniqueness of embracing multidisciplinary research. The traditional methods of interpretation are challenged by the radical emerging demand to shift from a mono-disciplinary thinking to a cross-disciplinary epistemic endeavour in order to successfully address unfolding problematic realities that demand the pursuit of novel heuristic terrains.
    DOI: 10.1007/978-3-031-35531-8
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    Small States and Big Powers : Portugal and Iceland’s Foreign Relations (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031423451
    Language: English
    Pages: 1 Online-Ressource(X, 165 p. 2 illus., 1 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: The World of Small States 10
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International relations. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Kleinstaat ; Internationale Politik ; Internationales politisches System ; Position ; Internationale Organisation ; Mitwirkung ; Mitgliedsstaaten ; Shelter Theory ; Portugal ; Island
    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: Foreign policy is one of the most complex policies of every state, and Portugal and Iceland are no exception. The “Small States and Big Powers: Portugal and Iceland’s Foreign Relations” book analyses the importance of relations with big powers or regional and international organisations from a shelter theory perspective, detailing the degree of political, economic and societal shelter that they have provided to Portugal and to Iceland over time. Despite having followed distinct paths, Portugal and Iceland have some important similarities in their foreign policy, namely in relation to the European and the Atlantic dimensions and their participation in regional organisations. The book examines their decisions to join or not to join regional organisations, and both countries’ bilateral relations with other important parts of the world, namely Africa, the Nordic states and China. This book compares the foreign policies of Portugal and Iceland considering their commonly identified status as small states and place them within the shelter theory framework, and its findings indicate that both countries need to balance their international relations with shelter provided by different actors. Their size and political and economic capabilities matter in their bilateral and multilateral relations. It is therefore in both countries’ interest to maintain strong cooperation not only with big powers, but also regional and international organisations, depending on their field of action, in order to flourish politically, economically and socially.
    DOI: 10.1007/978-3-031-42345-1
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  • 45
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    Mediating Sovereign Debt Disputes (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031467875
    Language: English
    Pages: 1 Online-Ressource(XI, 182 p.)
    Edition: 1st ed. 2023.
    Series Statement: EYIEL Monographs - Studies in European and International Economic Law 35
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law). ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; International economic relations.
    Abstract: Chapter 1. Introduction -- Chapter 2. Historical And Legal Framework -- Chapter 3. Mediation -- Chapter 4. Mediating Sovereign Debt Disputes -- Chapter 5. Conclusion.
    Abstract: This book provides a fresh perspective on resolving sovereign debt disputes within the investor-state mediation framework. In response to the limitations of traditional approaches to adjudicating public debt issues and the resulting gaps in international law concerning sovereign defaults, creditors have increasingly turned to investor-state treaty arbitrations to recover unpaid debts. However, this shift has raised numerous criticisms and concerns. Accordingly, this book explores the uncharted territory of utilizing mediation as a means to settle sovereign debt claims. It sheds light on the distinctive characteristics of mediation as a process, setting it apart from judicial litigation and private arbitration, and emphasizing the unique outcomes it can generate. The central argument of this book is that mediation should be seriously considered as a viable option for resolving sovereign debt disputes. Not only does it offer a more cost-effective and expeditious approach, but it also has the potential to facilitate economic recovery and sustain continued investment.
    DOI: 10.1007/978-3-031-46787-5
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  • 46
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    Medieval English in a Multilingual Context : Current Methodologies and Approaches (2023)
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    Details
    ISBN: 9783031309472
    Language: English
    Pages: 1 Online-Ressource(XXVI, 549 p. 27 illus., 2 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: New Approaches to English Historical Linguistics
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Historical linguistics. ; Linguistics ; Multilingualism. ; Europe ; Lexicology.
    Abstract: This edited book examines the multilingual culture of medieval England, exploring its impact on the development of English and its textual manifestations from a multi-disciplinary perspective. The book offers overviews of the state of the art of research and case studies on this subject in (sub)disciplines of linguistics including historical linguistics, onomastics, lexicology and lexicography, sociolinguistics, code-switching and language contact, and also includes contributions from literary and socio-cultural studies, material culture, and palaeography. The authors focus on the variety of languages in use in medieval Britain, including English, Old Norse, Norn, Dutch, Welsh, French, and Latin, making the argument that understanding the impact of medieval multilingualism on the development of English requires multidisiplinarity and the bringing together of different frameworks in linguistics and cultural studies to achieve more nuanced answers. This book will be of interest to academics and students of historical linguistics and medieval textual culture. Sara M. Pons-Sanz is Reader in Language and Communication at Cardiff University, UK. She led the AHRC-funded network Medieval English (ca600-1500) in a Multilingual Context and co-led the AHRC-funded Gersum Project. She is the author of The Lexical Effects of Anglo-Scandinavian Linguistic Contact on Old English, and other books and articles on medieval English. Louise Sylvester is Professor of English Language at the University of Westminster, UK. She co-edited the Bilingual Thesaurus of Everyday Life in Medieval England and the multilingual database Lexis of Cloth and Clothing in Britain c700-1450. She has published widely on the effects of contact with French on the vocabulary of Middle English.
    DOI: 10.1007/978-3-031-30947-2
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  • 47
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    Space Fostering African Societies : Developing the African Continent Through Space, Part 5 (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031367472
    Language: English
    Pages: 1 Online-Ressource(V, 110 p. 23 illus., 15 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Southern Space Studies
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law of the sea. ; International law. ; Aeronautics ; Solar system. ; Africa
    Abstract: Evaluating the Nigerian Space Policy vs the African Outer Space Strategy -- Africa’s Impact Cratering History and Meteorite Record: Implications for Planetary and Space Science studies on the Continent -- The Namibian Multi-Wavelength Observatory – Towards Sustained Astronomy in Namibia -- South Africa’s Role in Promoting Development in Africa through its Outer Space Activities -- Use of SAR Imagery for Oil Spill Detection and Mapping in Angola -- Preliminary design of a South African liquid rocket engine testing platform for academic applications.
    Abstract: This peer-reviewed book provides detailed insights into how space and its applications are, and can be used to support the development of the full range and diversity of African societies, as encapsulated in the African Union’s Agenda 2063. Following on from Part 1 to Part 4, which were highly acclaimed by the space community, it focuses on the role of space in supporting the UN Sustainable Development Goals in Africa, but covers an even more extensive array of relevant and timely topics addressing all facets of African development. It demonstrates that, while there have been significant achievements in recent years in terms of economic and social development, which have lifted many of Africa’s people out of poverty, there is still a great deal that needs to be done to fulfill the basic needs of Africa's citizens and afford them the dignity they deserve. To this end, space is already being employed in diverse fields of human endeavor to serve Africa’s goals for its future, but there is much room for further incorporation of space systems and data. Providing a comprehensive overview of the role space is playing in helping Africa achieve its developmental aspirations, the book will appeal to both students and professionals in fields such as space studies, international relations, governance, social, rural and technical development.
    DOI: 10.1007/978-3-031-36747-2
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  • 48
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    The Parthenon Marbles and International Law (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031263576
    Language: English
    Pages: 1 Online-Ressource(XVIII, 311 p. 5 illus. in color.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law). ; International law. ; Cultural property.
    Abstract: Introduction -- Part One: The Facts -- The Parthenon -- Elgin and the Marbles -- The Acquisition of the Marbles by the UK Government -- Greek Demands for Return -- The British Museum and the Marbles -- Part Two: Access to Dispute Settlement -- What Method of Dispute Settlement? -- Issues of Jurisdiction and Admissibility -- Part Three: The Law Applicable to the Substance of the Dispute -- Treaty Law -- Customary International Law -- Part Four: Time Future -- Conclusion: Homecoming -- Annex.
    Abstract: The Parthenon marbles case is the most famous international cultural heritage dispute concerning repatriation of looted antiquities, the Parthenon marbles in the British Museum’s ‘Elgin Collection’. The case has polarised observers ever since Elgin had the marbles hacked out of the ancient temple at the turn of the 19th century in Ottoman-occupied Athens. In 1816, a debt-stricken Elgin sold the marbles to the British government, which subsequently entrusted them to the British Museum, where they have remained since then. Much ink has been spilled on the Parthenon marbles. The ethical and cultural merits of their repatriation have been fiercely debated for years. But what has generally not been considered are the legal merits of their return in light of contemporary international law. This book is the first in legal scholarship to provide an international law perspective of the cause célèbre of international cultural heritage disputes and, in doing so, to clarify the new customary international law on the return of cultural property unlawfully removed from its original context. The book is a unique reference work on the legal case for the return of the Parthenon marbles and the new normative framework for the protection of cultural heritage. This is a book that must be read with attention by all parties to this debate; and it is my hope and belief that it will accelerate the process by which an art-loving and philhellenic Britain finds a consensual way to return to its ancient ally a collection of broken and decontextualised fragments which illuminate a moment two and a half millennia ago when the city that pioneered democracy created a monument of transcendent beauty which embodied the values that inspire us still. Andrew Wallace-Hadrill, Emeritus Professor and Director of Research, Faculty of Classics, University of Cambridge Catharine Titi, a brilliant Greek academic lawyer based in Paris, has written a superb, entirely fresh account of the seemingly interminable ‘Elgin Marbles’ controversy. Cutting through the swathes of ideological obfuscation, she patiently and incontrovertibly demonstrates just how shaky in international law is the UK’s case not alone for retention but even for the original possession let alone ownership of the Sculptures held in the British Museum. Paul Cartledge, AG Leventis Professor of Greek Culture emeritus, University of Cambridge.
    DOI: 10.1007/978-3-031-26357-6
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  • 49
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    Competition Law in Switzerland : Law and Practice in a European Context (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    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
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    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.
    DOI: 10.1007/978-3-031-45117-1
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  • 50
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    (Mis)Representing Weight and Obesity in the British Press : Fear, Divisiveness, Shame and Stigma (2023)
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    Details
    ISBN: 9783031448546
    Language: English
    Pages: 1 Online-Ressource(XIV, 214 p. 1 illus.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Linguistics ; Human body ; Journalism. ; Health. ; Sex. ; Knowledge, Sociology of. ; Sociolinguistics.
    Abstract: 1. Introduction: Weight Stigma, News Media and This Research -- 2. Fear: Expert Voices and the (Mis)Representation of Science and Health -- 3. Divisiveness: The Metaphorical Conceptualisation of Obesity -- 4. Shame: Challenging Linguistic Strategies of Representation -- 5. Conclusion .
    Abstract: This book is a linguistic analysis of the British obesity media narrative, analysing a large corpus of published newspaper articles to demonstrate how the language used perpetuates common misconceptions and stereotypes about weight and obesity, and then exploring the sociological effects of these widespread conceptualisations. Weight stigma and weight bias are misunderstood issues, and often underestimated in terms of their prevalence and effect by society at large. The author examines topics including the role of power and persuasion, the use of metaphor, the personal stories of members of the general public, and the gendered real-life consequences of arbitrary weight standards to provide a linguistic driven study of obesity in news media. Obesity is an issue which sits at the intersection of science and the humanities, and as such, although the research methods used are firmly situated within the field of Linguistics, this book will also be of interest to readers from fields as diverse as Sociology, Fat Studies, Media Studies, Medicine and Psychology. Tara Coltman-Patel is a Senior Research Associate in the Department of Linguistics and English Language at Lancaster University, UK. .
    DOI: 10.1007/978-3-031-44854-6
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    Soil Law and Governance in India (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031323607
    Language: English
    Pages: 1 Online-Ressource(XIV, 211 p. 3 illus., 2 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Regional Perspectives
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Environmental law, International. ; Soil science. ; Environmental Law. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Ecology .
    Abstract: I. GLOBAL FRAMEWORK -- Land-Soil Sustainability and India’s International Obligations -- II. SOIL DEGRADATION IN INDIA -- Soil Degradation in India: Challenge and Response -- Combating Soil Degradation: Policy Relevant Perspectives -- III. EXISTING LEGAL FRAMEWORK -- Soil Protection through Watershed Approaches: A Legal Perspective -- Agriculture Policy, Law and Institutions: Relevance for Soil Degradation -- Forest Policy, Law and Institutions: Relevance for Soil Degradation -- Role of Women in Sustainable Soil Management: Some Legal Issues -- Role of the Community in Sustainable Soil Management: A Legal Perspective -- IV. PERSPECTIVES -- Land Use Planning as a Necessity -- Soil Protection through Watershed Development: A Grassroots Perspective.
    Abstract: This curated book addresses, in the scholarly realm, the problems of soil degradation and provides some practical solutions for them to save soil life. It comprises ten specially invited chapters that address the global soil framework, soil challenges in India, existing policy, law and institutional framework as well as other perspectives. Soil is our biological capital. The soil health is critical for survival of the humans (and other life forms) since almost 95% of our food comes from it. It also has significant potential as a sink for carbon through sequestering. Excessive and inappropriate land use leads to various forms of land degradation that becomes contributing factor for hunger, migration and even wars. There are several multilateral environmental agreements (MEAs) including UN Convention to Combat Desertification (UNCCD) that hold relevance for addressing the global soil problematique. The UNCCD Strategic Framework (2018-2030) has declared desertification/land degradation and drought (DLDD) as “challenges of a global dimension”. As a result, sustainable soil management (SSM) has emerged as an important goal for attaining Sustainable Development Goals 2030 (SDGs 2030). In the backdrop of these globally ordained processes, India appears to be seriously pursuing the Land Degradation Neutrality (LDN) target within the framework of the UNCCD. As a corollary, India has set an ambitious goal of halting any further land degradation by 2030 and rehabilitate at least 30 million hectares of degraded wasteland, forest land and agricultural land. This ideational effort by eminent legal scholars, soil scientists and practitioners aim to promote concerted teaching and research in the field of soil law and governance in the University Faculties of Law, National Law Schools, Institutions of Eminence and other legal and scientific bodies. The ‘seeds sown’ in the soil of knowledge through this effort will, hopefully, provide an impetus for more in-depth research concerning soil law and governance in India and beyond.
    DOI: 10.1007/978-3-031-32360-7
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    Human Rights Dissemination in Central Asia : Human Rights Education and Capacity Building in the Post-Soviet Space (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031279720
    Language: English
    Pages: 1 Online-Ressource(VII, 133 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: SpringerBriefs in Political Science
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Asia—Politics and government. ; Human rights. ; International law. ; Asia
    Abstract: Chapter 1. Human Rights in Central Asia - Between Internationalization and Nation-Building (Hien) -- Chapter 2. Human Rights in Central Asia: Challenges and Perspectives (Sayapin) -- Chapter 3. Human Rights Education and Human Rights in Central Asia (Mihr) -- Chapter 4. Human Rights as a Concept of Public Law: Challenges for Central Asian Higher Education Systems (Atadjamov) -- Chapter 5. Transnational Higher Education in Central Asia: The Case of Kazakhstan (Varpahovskis) -- Chapter 6. Redesigning the Law Curriculum in Uzbekistan (Ismatov) -- Chapter 7. Inclusive Human Rights Education in Tajikistan (Husnidinzoda) -- Chapter 8. Awareness in Central Asian States of Discrimination Against Labor Migrants Abroad (Ysamanova) -- Chapter 9. Gender Equality and International Human Rights Law in Kyrgyzstan (Erisheva) -- Part I. Annex -- Chapter 10. Samarkand Declaration.
    Abstract: This open access book explores the field of human rights dissemination in Central Asia. Offering a comparative perspective on five post-Soviet Central Asian states—Kazakhstan, Kyrgyzstan, Uzbekistan, Turkmenistan, and Tajikistan, it examines compliance with international human rights standards in these countries. The contributions capture various aspects of human rights dissemination through educational programs, seminars, training, and empowerment programs at Central Asian universities, together with Central Asian NGOs/CSOs and international organizations. The book shows that a change of behavior among state and non-state actors in the region can only happen when both local and international actors, usually international donors, jointly take action to report, train, and empower people in human rights. This book is an invitation to anyone interested in the (troubled) nexus between international human rights norms and standards and their implementation on the local level, as well as in the effective empowerment of citizen in the region.
    Note: Open Access
    DOI: 10.1007/978-3-031-27972-0
    URL: kostenfrei
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    Restrictions of EU Competition Law in the Digital Age : The Meaning of 'Effects' in a Digital Economy (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031313394
    Language: English
    Pages: 1 Online-Ressource(XVII, 224 p. 3 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Studies in European Economic Law and Regulation 25
    Parallel Title: Erscheint auch als
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    Keywords: Information technology—Law and legislation. ; Mass media—Law and legislation. ; Commercial law. ; European Economic Community. ; International law. ; Trade regulation. ; Information technology ; Mass media
    Abstract: Chapter 1 -- Introduction. Chapter 2 -- Competition Law, Economics and the 'More Economic Approach' – the Necessity of a Broader Perspective. Chapter 3 -- Effects and Article 101 TFEU. Chapter 4 -- Effects and Article 102 TFEU. Chapter 5 -- Particularities of the Digital Economy. Chapter 6 -- Competition Cases in the Digital Economy. Chapter 7 -- Conclusions.
    Abstract: This book offers an in-depth legal analysis concerning the notion of restrictions of competition, be it by object restrictions according to Article 101 TFEU or prima facie abusive practices treated according to the form-based approach under Article 102 TFEU. Although extensive research has been conducted on the notion of object infringements of competition, there is no systematic review of this topic covering both competition provisions, namely Articles 101 and 102 TFEU. This book fills that gap by providing an extensive analysis of the relevant case law, while also covering new phenomena stemming from the digital revolution and its impact on the functioning of traditional markets. In this regard, particular attention is paid to the concept of prima facie infringements and the analysis necessary for their successful establishment. Object restrictions and object abuses are not infringements per se in the sense that they can be established in the abstract and without consideration of the actual legal and economic context (context analysis) within which a measure is implemented. Hence, the indispensable context analysis is informed by the potential economic effects of a given measure. Examining the changes regarding the economic reality and how markets work in the digital economy, this book makes a valuable contribution to the current debate about whether our competition law toolkit is fit and proper to deal with the challenges posed by digitalization. The author argues that while there is a coherent framework covering both Treaty competition provisions as regards object restrictions of competition, the increased use of an actual effect analysis and thus the concept of a restriction of competition by effect represents an underestimated (and underused) weapon for combating measures that are ambivalent from a competition law perspective as regards their (anticompetitive or non-detrimental) nature in a digital economy.
    DOI: 10.1007/978-3-031-31339-4
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  • 54
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    Religious Pluralism and Law in Contemporary Brazil (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031419812
    Language: English
    Pages: 1 Online-Ressource(IX, 231 p.)
    Edition: 1st ed. 2023.
    Series Statement: Law and Religion in a Global Context 4
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Human rights. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law.
    Abstract: Introduction: Religious Pluralism and Law in Contemporary Brazil -- Part I Pluralism: minority rights, religious freedom and secularism -- Religion and Laicity in Dispute: Two Categories Under Construction in Brazil’s legal Debate on Religious Education in Public Schools -- Evangelical jurists and human rights in Brazil: a case study of the National Association of Evangelical Jurists (ANAJURE) -- Formalizing religious intolerance in police records: a picture of a (de)construction problem -- Evangelicals Against the Criminalization of Homophobia: The “Christian Majority" and the Dispute Over Public Morality -- “It is not solved just by writing it down on paper”: patrimonialization policies and the religious use of ayahuasca as a Brazilian intangible cultural heritage -- Part II Human Rights as Language -- Controversies in Brazil’s Supreme Court over when human life begins -- Quilombola communities and the right to land ownership: notes on a legal controversy in the Supreme Federal Court -- Human rights and their policy-visibility in producing a public Islam in Brazil -- Human rights and works of the imagination: an ethnography of the first ordained transgender reverend in Latin America.
    Abstract: This book represents a unique contribution to understanding the interactions between law and religion in contemporary Brazil. It analyzes how the regulation of religions according to the classical notion of secularism has become a source of tensions since the 1990s. Against this background, the respective chapters demonstrate, on the basis of various case studies, how the constitutional principle of pluralism, introduced by the 1988 federal constitution after a military dictatorship, has been addressed by new political actors, such as religious leaders, parliamentarians, influencers, state representatives, and activists. In particular, the chapters demonstrate how the mobilization of legal language, notably the language of human rights, has become fundamental to developing and consolidating new political agendas concerning secularism, tolerance, freedom of expression, gender and sexuality, family, and cultural heritage. In the authors’ approach, human rights assume a central role in social disputes as a language in which actors constitute themselves as rights subjects, form activist networks, and pursue their goals by expressing themselves in public. Given its focus and scope, the book will be of interest to all scholars seeking to understand the relationships between diversity and the regulation of religious practices in plural societies, where the classical notion of secularism continues to show its limitations.
    DOI: 10.1007/978-3-031-41981-2
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    Vaccine Law and Policy (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031369896
    Language: English
    Pages: 1 Online-Ressource(XIII, 230 p. 5 illus., 4 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Law for Professionals
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
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    Keywords: Medical laws and legislation. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Political planning.
    Abstract: 1. Introduction: Vaccine Basics, Balance of Interests, and the Legal Framework -- Part I: Vaccine Regulation and Monitoring -- 2. Regulation and Testing of Vaccines -- 3. Postmarket Vaccine Safety -- 4. Vaccines and Intellectual Property -- 5. Vaccine Injury Compensation in the United States -- 6. Immunization Information Systems -- 7. Vaccine Regulation in Global Comparison -- Part II: Equity and Vaccines -- 8. Funding Vaccinations in the United States -- 9. Vaccine Equity -- 10. Vaccine Access in Global Comparison -- Part III: Individual Decision Making and Vaccines -- 11. Informed Consent -- 12. Adolescent Consent -- 13. Tort Liability for Failure to Vaccinate -- Part IV: Vaccine Mandates -- 14. Introduction to Vaccines Mandates in the United States -- 15. School Vaccine Mandates and Exemptions -- 16. Workplace Vaccine Mandates -- 17. Federal Vaccine Mandates -- 18. Vaccine Mandates in Global Comparison -- 19. Vaccine Passports for Travel -- Part V: Special Contexts -- 20. Military Vaccinations -- 21. Vaccine Policy in Emergency Situations -- 22. Regulating Vaccine Misinformation Online -- Part VI: Policy -- 23. Vaccine Incentives and Health Insurance Surcharges -- 24. Vaccine Advocacy, Politics, and Anti-vaccine Movements.
    Abstract: Vaccine Law and Policy is the first book on vaccine law and policy written specifically for the general public or an educated lay audience without legal background. It offers comprehensive but accessible coverage of key aspects of vaccine law and policy, from product development and intellectual property protections, to regulation, public mandates, and vaccine injury claims. The COVID-19 pandemic sparked a growing interest in learning more about vaccine law and policy, as vaccine development, access, safety and requirements became relevant to hundreds of millions of people worldwide. This book covers United States law in most detail, but the developments and trends described have parallels in many countries, and the United States model and its actions influence others. Some of the most widely used vaccines against COVID-19 - mRNA vaccines – were developed in the United States, and choices made in the United States impact other countries. United States law currently has so much to say about vaccines. From the federal mandate President Biden enacted requiring federal employees to be vaccinated against COVID-19, to the growing number of private employers requiring vaccines to return to work, vaccine law has become a prevalent topic in everyday life. But there is little writing about the legal aspects of vaccines directed at the general public or an educated lay audience without a legal background. Vaccine Law and Policy will not only be invaluable to professionals implementing vaccine law and policy, but also to regulators, public health officials, and scientific researchers. Vaccine Law and Policy covers the wide range of laws and policies that impact the field. These include, among others, regulatory oversight by the FDA, one of the most influential bodies in drug and vaccines regulation worldwide, enforcement, and regulation of the research and development of vaccines; vaccine mandates for children and in the workplace, and medical, religious, and philosophical exemptions to them; patent law and other intellectual property protections such as trademark, trade secret, unfair competition, and copyright law; compensation for vaccine injuries under the National Vaccine Injury Compensation Program (NVICP) and other avenues of liability; safety monitoring; access to vaccines, their promotion, and issues related to funding and costs. The book will also discuss issues related to anti-vaccine movements and vaccine advocacy.
    DOI: 10.1007/978-3-031-36989-6
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    New Trends on Metadiscourse : An Analysis of Online and Textual Genres (2023)
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    Details
    ISBN: 9783031366901
    Language: English
    Pages: 1 Online-Ressource(X, 262 p. 68 illus., 33 illus. in color.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
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    Keywords: Applied linguistics. ; Knowledge, Sociology of. ; Linguistics
    Abstract: Part I: Academic Genres -- CHAPTER 1: So what do we have here? An engineering lecturer’s metadiscursive use of rhetorical questions in L1 and English-medium instruction (Sarah Khan and Marta Aguilar) -- CHAPTER 2: Distribution Patterns of Stance Features in English and Russian Conference Presentations (Galiya Gatiyatullina, Marina Solnyskina, Roman Kupriyanov and Elzara Gafiyatova) -- CHAPTER 3: A metadiscoursal approach to academic writers’ construal of identities across brief reports and case reports in medical science (Sabiha Choura) -- CHAPTER 4: Metadiscourse Learning Trajectories in Multilingual Learners: A Focus on Attitude Markers and Hedges (Sofía Martín-Laguna) -- CHAPTER 5: A contrastive analysis of metadiscourse by native and EFL lecturers in Chinese university MOOCs (Dongyun Zhang and Diyun Sheng) -- Part II: Non-academic Genres -- CHAPTER 6: Using Twitter for public dissemination and engagement with science: metadiscourse in the Twitter of scientific organisations (María José Luzón) -- CHAPTER 7: Persuasion through interactional metadiscourse of management statements of European renewable energy companies (Maria Cristina Urloi and Miguel F. Ruiz-Garrido) -- CHAPTER 8: On the metadiscursive dimension of travel blog posts: a cross-linguistic analysis (Giuliana Diani) -- CHAPTER 9: ‘I think, you know…’: A corpus-based analysis of Metadiscourse in Malaysian Online Podcasts (Syamimi Turiman and Siti Aeisha Joharry).
    Abstract: “Building on a familiar and well-established tradition, this monograph explores diverse spaces around the concept of metadiscourse to offer new ways of understanding textual and interpersonal discursive strategies in both academic settings and online promotional genres based on fresh textual evidence.” —Francisco Alonso Almeida, Professor in Modern Languages, Translation and Interpretation Department, Universidad de Las Palmas de Gran Canaria, Spain “New Trends on Metadiscourse combines research methods and integrates hot issues such as identity, learning progression, cross-disciplinary and generic variation and persuasion strategies under a multilingual and multicultural gaze.” —Carmen Sancho Guinda, senior lecturer in Applied Linguistics to Science and Technology Department, Universidad Politécnica de Madrid, Spain This edited book gives an updated overview of methods of analysis of academic and non-academic genres in a digital era. The advent of digital and social media has deeply transformed academic and non-academic communication practices in the past two decades. The linguistic landscape is now a multilayered one; multicultural issues and cross-linguistic aspects are addressed in a way to understand how linguistically and culturally diverse identities try to find pathways. The book contains nine chapters divided into two main sections corresponding to academic and non-academic texts where written, spoken and digital genres are examined from different perspectives. This book provides an up-to-date and innovative view of metadiscourse research and develops new research methodologies, drawing on visual research methods and combinations of qualitative and quantitative approaches from fields including Discourse Analysis, Corpus Linguistics, and Genre Analysis. Begoña Bellés-Fortuño is a senior lecturer in the Department of English Studies at Universitat Jaume I, Spain. Lucía Bellés-Calvera is a junior lecturer in the Department of English and German Philology at Universitat de València, Spain. Ana-Isabel Martínez-Hernández is a part-time adjunct lecturer in the Department of Translation and Communication Studies at Universitat Jaume I, Spain. .
    DOI: 10.1007/978-3-031-36690-1
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    Financial Inclusion and Digital Transformation Regulatory Practices in Selected SADC Countries : South Africa, Namibia, Botswana and Zimbabwe (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031238635
    Language: English
    Pages: 1 Online-Ressource(XII, 374 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Ius Gentium: Comparative Perspectives on Law and Justice 106
    Parallel Title: Erscheint auch als
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    Keywords: Finance—Law and legislation. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Commercial law. ; Finance
    Abstract: Financial Inclusion as an Enabler of United Nations Sustainable Development Goals in the 21ST Century: An Introduction -- Towards an International Financial Inclusion Strategy, Institutional Frameworks and Enforcement: Setting Regulatory Benchmarks for the SADC Countries -- Facilitating Financial Inclusion Through the Development of a Decentralised Cryptocurrencies’ Regulatory Regime in South Africa, Zimbabwe and Botswana -- The Role of Corporate Directorship in Financial Inclusion within Selected SADC Countries -- Financial Inclusion and Persons Living with Disabilities in Zambia: Reality versus Rhetoric -- The Prospects and Challenges for Mobile Money Regulation and the Promotion of Financial Inclusion in Zimbabwe -- Land Reform and Financial Inclusion Challenges in South Africa -- Exploring Digital Financial Inclusion Strategies for Urban and Rural Communities in Botswana, Namibia, South Africa and Zimbabwe -- A ‘Social Justice’ Movement in the Banking Industry? Banking, Competition and Financial Inclusion in South Africa with Insights from Zimbabwe -- Intra-African Trade and the AFCFTA: A Law and Economics Perspective -- Retirement Funding and Financial Inclusion in South Africa: A Contrary Policy Approach -- Mobile Fin-Tech Ecosystem Shaping Financial Inclusion in Zimbabwean Banking and Financial Services Markets -- Financial Inclusion Challenges and Prospects during the COVID-19 Pandemic: Insights from Botswana, Namibia, South Africa and Zimbabwe -- Financial Inclusion and the Small-Scale Fisheries Sector in Namibia: A Contemporary Legal Perspective -- Barriers to Integrating Financial Inclusion for Coastal Small-Scale Fishermen into Namibian Fisheries Policies and Regulatory Frameworks -- Policy and Regulatory Frameworks for Financial Inclusion in South Africa, Botswana, Namibia and Zimbabwe.
    Abstract: This book investigates the regulation and promotion of financial inclusion and provides a comparative analysis of the regulation, promotion and enforcement of the relevant laws in the SADC (in particular, South Africa, Namibia, Botswana and Zimbabwe), as well as the challenges of financial inclusion. In turn, it evaluates financial inclusion in the context of specific challenges faced by unbanked and underbanked customers, who are easy targets for cyber criminals because they tend to have lower levels of digital literacy. The book presents novel discussions that identify the challenges and flaws associated with the enforcement of financial inclusion laws and related measures intended to promote financial inclusion in the SADC region. This is primarily done in order to reveal the current strengths and weaknesses of financial inclusion laws in relation to certain aspects of the companies, securities and financial markets in the region. For example, there is no common financial inclusion instrument/law that is effectively and uniformly applied throughout the SADC. This has impeded the enforcement authorities’ efforts to effectively combat financial exclusion across the region. The book is likely the most comprehensive study to date on the regulation and promotion of financial inclusion in the SADC region and fills a major gap in SADC and African legal jurisprudence. As such, it offers a valuable asset for policymakers, attorneys, bankers, securities (share) holders, and other market participants who deal with financial inclusion, as well as undergraduate and graduate students interested in the topic.
    DOI: 10.1007/978-3-031-23863-5
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    Specificational and Presentational There-Clefts : Redefining the Field of Clefts (2023)
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    Details
    ISBN: 9783031322709
    Language: English
    Pages: 1 Online-Ressource(XIII, 187 p. 7 illus., 1 illus. in color.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Linguistics—Methodology. ; Linguistics. ; Psycholinguistics. ; Linguistics
    Abstract: Chapter 1. Introduction -- Chapter 2. Natural grammar -- Chapter 3. Compilation and prosodic analysis of data -- Chapter 4: Existential there versus demonstrative there -- Chapter 5: Paradigms of relative markers -- Chapter 6: Different antecedent–relative clause relations -- Chapter 7: Structural assemblies and semantics of the four existential constructions with relative clause -- Chapter 8: Determiners of existent NPs in the four four existential constructions with relative clause -- Chapter 9: Prosodic patterns in the four existential constructions with relative clause -- Chapter 10: Conclusion. .
    Abstract: "This study does nothing less than redraw the map of clefts. It provides a thought-provoking and stunningly comprehensive new take on a familiar construction, extending its scope in terms of the structures included and by according special attention to its semantics and prosody." -Gunther Kaltenböck, Professor at University of Graz, Austria This book proposes a radically new account of clefts in English. Since the 1960s, functional as well as formal linguists have generally restricted clefts to constructions with an identifying matrix (it-clefts) and have claimed that they only code information structure. Clefts are assumed to unpack a simple proposition into a focus – presupposition structure. In this book, the authors reject these theoretical-descriptive assumptions, arguing instead that clefts form a field comprising it-clefts, there-clefts and have-clefts. They show that, like any other construction, clefts compositionally code propositional semantics, onto which a great variety of prosodically coded focus patterns may be mapped. The authors fundamentally challenge the existing approach by entering the debate with an in-depth account of the neglected specificational and presentational there-clefts, offering the first systematic data-based study of their grammatical and prosodic features. While the study is restricted to English, its findings have significant cross-linguistic relevance. This book will be of interest to students and scholars of Functional, Cognitive and Formal Linguistics, Corpus Linguistics, and usage-based study of grammar and prosody. Kristin Davidse is a Professor in the Linguistics Department at KU Leuven, Belgium. Ngum Njende is a PhD candidate in the Linguistics Department at KU Leuven, Belgium. Gerard O’Grady is a Professor in the School of English, Communication and Philosophy at Cardiff University, UK. .
    DOI: 10.1007/978-3-031-32270-9
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    The Regulation of Automated and Autonomous Transport (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031323560
    Language: English
    Pages: 1 Online-Ressource(IX, 423 p. 1 illus.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
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    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Criminal law. ; Civil law. ; Information technology ; Mass media ; Control engineering. ; Robotics. ; Automation. ; Transportation engineering. ; Traffic engineering.
    Abstract: Part 1: Drones – aviation/aerial automated autonomous transportation systems -- Introduction -- “Drones: The New Delivery Men? A South African and UK perspective.” -- Unmanned Air Transports: the use of drones and legal issues arising thereof -- The Civil Unmanned Aerial Vehicle (UAV) Law of China: A Comparative Study of the mainland, Hong Kong, and Macao of China -- Part 2: Ships – Maritime automated / autonomous transportation systems -- The Intersection Between Law and Technology in Maritime Law -- Salvage and Autonomous Maritime Navigation -- Uncharted Legal Waters: “The Applicability of the Law on Seaworthiness & Good seamanship to Autonomous vessels.” -- Reforming the Law of the Sea for the Future of Automated Shipping -- Part 3: Road Vehicles – Road automated / autonomous transportation systems -- Automated Vehicles, Liability and Insurance -- Legal and Ethical Aspects of Autonomous Vehicles -- Cyber Risks: Social, Functional and Ethical Dimensions -- Road Traffic Law and Application to Automated Vehicles.
    Abstract: This book discusses various legal aspects of automated and autonomous transport. The regulation of automated and autonomous transport encompasses legislation on automated cars, ships, vessels, and drones. Questions surrounding this novel area of the law, which has attracted major worldwide interest and publicity, are likely to dominate our societies and everyday life in the years ahead. One major challenge addressed in this book is remedying the regulatory fragmentation that can be observed around the globe concerning legislation on automated and autonomous transportation systems. Written and edited by respected experts in the field, including academics and practitioners alike, this book seeks to fill an important gap in the literature. Given its focus and scope, the book will be of considerable interest to practitioners, academics, and policymakers, judges, students and secondary audiences, including engineers, sociologists, naval architects, all those involved in the automated industry, and people working in AI.
    DOI: 10.1007/978-3-031-32356-0
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    A Regulatory Framework for the Art Market? : Authenticity, Forgeries and the Role of Art Experts (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    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?
    RVK:
    PN 849
    Keywords: Law—Philosophy. ; Law—History. ; Art—History. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Criminal law. ; Archaeology. ; Cultural property. ; Art ; Law ; Law ; Kunstmarkt ; Regulierung ; Recht ; Echtheit ; Kunstfälschung ; Gutachten ; Geschichte 2000-2023
    Abstract: Setting the Scene: Approach and Methodology -- Peculiarities of the Art Market -- Fraud, Forgery and Authentication -- Remedies: Regulation and New Initiatives -- Conclusions and Recommendations.
    Abstract: This book addresses practical issues in connoisseurship and authentication, as well as the legal implications that arise when an artwork’s authenticity is challenged. In addition, the standards and processes of authentication are critically examined and the legal complications which can inhibit the expression of expert opinions are discussed. The notion of authenticity has always commanded the attention of art market participants and the general art-minded public alike. Coinciding with this, forgery is often considered to be the world’s most glamorous crime, packed with detective stories that are usually astonishing and often bizarre. The research includes findings by economists, sociologists, art historians, lawyers, academics and practitioners, all of which yield insights into the mechanics and peculiarities of the art business and explain why it works so differently from other markets. However, this book will be of interest not only to academics, but to everyone interested in questions of authenticity, forgery and connoisseurship. At the same time, one of its main aims is to advocate best practices in the art market and to stress the importance of cooperation among all disciplines with a stake in it. The results are intended to offer guidance to art market stakeholders, legal practitioners and art historians alike, while also promoting mutual understanding and cooperation.
    DOI: 10.1007/978-3-031-18743-8
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    Model United Nations : A Practical Guide (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031135248
    Language: English
    Pages: 1 Online-Ressource(XX, 216 p. 23 illus., 20 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Springer Texts in Political Science and International Relations
    Parallel Title: Erscheint auch als
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    Keywords: Diplomacy. ; International organization. ; International law. ; Teaching. ; Economic development. ; Communication in politics. ; Internationale Organisation ; Simulation ; Studium ; Lehrveranstaltung ; Politische Bildung ; Lehrbuch
    Abstract: Introduction to Model United Nations -- Model United Nations Conferences: Organisational Peculiarities -- Model United Nations Conferences: Roles and Responsibilities of Actors -- Model United Nations: (Didactic) Module Content -- Implementing a Model United Nations Program at your Institution -- Example of Model United Nations lecture schedule and some words on preparing lectures and engaging students successfully -- Model United Nations – beneficial/positive impact on students.
    Abstract: This textbook presents a detailed insight into the structures and processes of preparing students for Model United Nations (MUN) conferences and for attending Model United Nations conferences, subsequently. It serves as a handbook and practical guide for the implementation of MUN into courses and classes in educational institutions. Written by a Faculty Advisor, and offering additional insights from an experienced award-winning MUN delegate, the book provides a particularly exceptional insightful, and well-rounded approach. The author explains how a MUN course can be taught, presents exercises to prepare students for the conference, and discusses how the MUN delegation and trip to the conference can be organized. This comprehensive guide offers insights into a broad range of topics, including debates with peers, diplomacy to solve international crises, and learning about the system of the United Nations (UN) organization through simulation. Further, it covers the development of soft skills and communication at the conferences and building international friendships, while it additionally allows learning more about the UN Sustainable Development Goals (SDGs) in the process. With tips, tricks, and bonus material this book will serve as an anchor throughout the students' first MUN experience, as well as provide valuable help for more advanced participants. The book, therefore, is a must-read for both academic staff teaching MUN, as well as students attending MUN courses and planning to attend MUN conferences.
    DOI: 10.1007/978-3-031-13524-8
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    Antitrust in Data Driven Markets & Legal Framework for Influencers, Native Advertising and Control over the Use of AI in Marketing (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031074226
    Language: English
    Pages: 1 Online-Ressource(XVII, 457 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: LIDC Contributions on Antitrust Law, Intellectual Property and Unfair Competition
    Parallel Title: Erscheint auch als
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    Keywords: Information technology—Law and legislation. ; Mass media—Law and legislation. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Artificial intelligence. ; Telemarketing. ; Internet marketing. ; Big data. ; Trade regulation. ; Mass media ; Information technology
    Abstract: Part I: Antitrust in Data Driven Markets -- International Report -- Australia -- Austria -- Belgium -- France -- Germany -- Hungary -- Norway -- Switzerland -- United Kingdom -- Part II: Legal Framework for Influencers, Native Advertising and Control over the use of AI in Marketing -- International Report -- Austria -- Brazil -- Germany -- Hungary.
    Abstract: This book gathers contributions from a broad range of jurisdictions, written by practitioners and academics alike, and offers an unparalleled comparative view of key issues in competition law, intellectual property and unfair competition law, with a specific focus on the use of personal data. The first part focuses on the role of competition law in shaping the digital economy. It discusses the use of personal data, the market power of platforms, the assessment of free services, and more broadly the responsibility of dominant companies in the smooth functioning of the digital economy. In turn, the second part sheds light on how the conduct of influencers, native advertising and the use of AI for marketing purposes can be controlled by the law, focusing on the use of personal data and the impact of behavioral advertising on consumers. In this regard, the book brings together the current legal responses across a number of European and other countries, all summarized and elaborated on in the form of two international reports. The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.
    DOI: 10.1007/978-3-031-07422-6
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    Gain-based Remedies for Breach of Contract : A Comparative Analysis of English and Polish Law (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031254529
    Language: English
    Pages: 1 Online-Ressource(VI, 167 p. 1 illus.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
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    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Contracts. ; Common law. ; Civil law. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law).
    Abstract: 1. Introduction and Methodology -- 2. Gain-based Remedies for Breach of Contract in General -- 3. Finding Gain-based Remedies under the Compensatory Principles -- 4. Finding Gain-Based Remedies under Restitutionary Principles -- 5. Summary and Conclusions -- 6. Bibliography. .
    Abstract: This book focuses on an emerging problem in English contract law: what should be done when a party has been unjustly enriched as the result of a breach of contract but there is no measurable loss suffered by said party? Two rulings are at the heart of the book: Wrotham Park Estate v Parkside Homes and Attorney-General v Blake. These two cases can be said to have established gain-based remedies in English contract law. However, the principles that underpin these remedies are not entirely clear and are subject to debate. This book analyses these principles through the lens of compensatory and restitutionary approaches. Moreover, it applies a comparative analysis of these approaches through the lens of the civil law jurisdiction in Poland. Since the term ‘compensation’ is not a universal concept, the book distinguishes between two rationales in the compensatory analysis. The first, reparative compensation, is defined as a form of monetary recompense for loss or damage actually suffered. The second, substitutive compensation, represents a monetary equivalent to a right that a person has been deprived of or denied. Both rationales require the application of a broad notion of loss in order to make gain-based remedies workable in both English and Polish law. In contrast, ‘restitution’ states that a person cannot be permitted to profit from their own wrongdoing. Based on this principle, the book argues that gain-based remedies could be applied under Polish law through the rules of unjust enrichment. However, in order to do so, a broader understanding of the subtraction prerequisite (the enrichment being at the aggrieved party’s expense) would have to be adopted. The book concludes that unjust enrichment is a more natural way of implementing gain-based remedies in civil law jurisdictions.
    DOI: 10.1007/978-3-031-25452-9
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    Gender Perspectives in Private Law (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    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
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    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.
    DOI: 10.1007/978-3-031-14092-1
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    Legal Issues of International Law from a Gender Perspective (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031134593
    Language: English
    Pages: 1 Online-Ressource(XVIII, 224 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Gender Perspectives in Law 3
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; Human rights. ; Identity politics.
    Abstract: The Fight against Discrimination on the Grounds of Sex, Sexual Orientation and Gender Identity in the External Relations of the European Union -- Feminist Justice and the European Court of Human Rights -- Female Reproduction and Sexuality: The Impact of Gender Stereotypes on Women’s Rights in International Jurisprudence -- Workplace Discrimination Towards LGBTQ Employees and Employee Candidates in the Job Market: A European Approach to the Workplace Discrimination Towards LGBTQ -- A Gender-Sensitive Reading of the Obligation to Prevent War Crimes under the Law of Armed Conflict -- The Recognition of Refugee Women in International Law -- Screening International Environmental Law through Gender Lenses – Already Gender-Sensitive, still not Gender-Responsive? -- Putting Women’s Rights to Work: The Participation of Women on Company Boards as a Human Rights Law Issue -- Promoting Gender Equality in International Trade Agreements: Pioneering or Pipe dream? -- Standing Alone but Standing Tall: A Female Perspective of International Law from the Interwar Yugoslavia.
    Abstract: This book offers a new perspective on international law, which was, for centuries, male-dominant and gender-blind. However, this gender blindness has led to many injustices, the failure to recognize certain rights, and to impunity for serious crimes. The book examines the development of gender perspectives in various branches of international law, while also discussing and explaining certain universal standards. However, particular attention is paid to the European human rights system. Accordingly, the book provides detailed explanations of the EU’s external policies in relation to sex, sexual orientation, and gender identity. Also, there is a special focus on the relevant jurisprudence of the European Court of Human Rights in relation to gender and sexual orientation, female reproduction, and sexuality. The authors explain not only the importance of an adequate legal framework for combating gender inequality but also the detrimental effects of deeply rooted gender stereotypes and prejudices. Subsequently, the development of particular branches is presented, such as a gender-sensitive approach to the prevention of war crimes, gender perspectives in refugee law, and the evolution of gender-sensitive environmental law. In addition, the problematic situation of discrimination in the workplace is addressed from various perspectives. Many discussions, especially among EU member states, are reserved for the issue of women’s participation in managerial boards, while the growing awareness of gender equality in international trade agreements represents another interesting topic. Lastly, the book offers a historical perspective on the development of international law in the interwar period, with a particular focus on the situation in Yugoslavia. The book critically reconsiders the dominant molds of legal knowledge and presents innovative gender-sensitive and gender-competent insights on a variety of issues in international law, in order to introduce readers to new research topics relevant to gender equality and to stimulate the development of an international legal and institutional framework for achieving greater gender equality in practice. The collection of essays presented here will be of interest to all those working in the field of international law, as well as students and academics looking to broaden and deepen their research on a range of issues in international law from gender perspectives.
    DOI: 10.1007/978-3-031-13459-3
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    URL: Cover
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    UNESCO, Cultural Heritage and Conflict in Yemen, Syria and Iraq (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    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.
    DOI: 10.1007/978-3-031-19675-1
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    Artificial Intelligence and Machine Learning Powered Public Service Delivery in Estonia : Opportunities and Legal Challenges (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031196676
    Language: English
    Pages: 1 Online-Ressource(XXI, 237 p.)
    Edition: 1st ed. 2023.
    Series Statement: Data Science, Machine Intelligence, and Law 2
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Information technology—Law and legislation. ; Mass media—Law and legislation. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Artificial intelligence. ; Administrative law. ; Information technology ; Mass media
    Abstract: 1. Introduction -- 2. The Promise and Perils of AI and ML in Public Administration -- 3.The Regulatory Framework in Overview -- 4. Privacy Issues: Processing Personal Data, Monitoring, and Profiling Citizens -- 5. Delegation of Administrative Powers to AI Systems -- 6. Due Process, Fair Trial, Transparency, and Explainability -- 7. Fairness and Equal Treatment -- 8. Safety and Security -- 9. Accountability and Liability -- 10. Intellectual Property Rights and Data Ownership -- 11. Final Conclusions and Recommendations.
    Abstract: This book gives a comprehensive overview of the state of Artificial Intelligence (AI), especially machine learning (ML) applications in public service delivery in Estonia, discussing the manifold ethical and legal issues that arise under both European and Estonian law. Final conclusions and recommendations set out and analyze various policy options for the public sector, taking into account recent developments at the European level – such as the AIA proposal – as well as the experience of countries that have issued principles and guidelines or even laws for the use of ML in the public sector. “For two reasons, this study is relevant not only for an audience which is interested in Estonian administrative law. First, the authors base their legal analysis primarily on EU law and provide a state of the art-analysis of the relevant secondary legislation. This makes the book a reference text for the European debate on public sector AI governance. Second, this study is part of a larger research project in which four specific use cases of public sector AI have been developed and tested. The practical insights gained in these projects have provided the authors with an excellent understanding of the opportunities and risks of the technology, which distinguishes this legal analysis from similar enterprises.” Excerpt from the foreword by Professor Thomas Wischmeyer (University of Bielefeld) .
    DOI: 10.1007/978-3-031-19667-6
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    Regional Approaches to the Energy Transition : A Multidisciplinary Perspective (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    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
    Parallel Title: Erscheint auch als
    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.
    DOI: 10.1007/978-3-031-19358-3
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    China in Global Governance of Intellectual Property : Implications for Global Distributive Justice (2023)
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    Details
    ISBN: 9783031243707
    Language: English
    Pages: 1 Online-Ressource(XXVII, 290 p. 14 illus., 12 illus. in color.)
    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: Information technology—Law and legislation. ; Mass media—Law and legislation. ; Crime—Sociological aspects. ; Law and the social sciences. ; Political science. ; International law. ; International relations. ; Mass media ; Information technology ; Crime
    Abstract: Part I: Introduction to IP -- Chapter 1: Introduction -- Part II: Case Studies -- Chapter 2: China Enga/ges in International Regulation of Geographical Indications -- Chapter 3: China Engages in International Regulation of Disclosure Obligation -- Chapter 4: China Emerges in International Standardisation -- Chapter 5: China’s Bilateral IP Engagement: A Look into the Chinese FTAs -- Chapter 6: China and Multilateral IP Governance -- Part III: Discussion -- Chapter 7: Who Governs? Actors in China’s International IP Engagement -- Chapter 8: Principles for China’s International IP Engagement -- Chapter 9: China’s Strategies to Engage in Global IP Governance -- Chapter 10: Conclusion.
    Abstract: This book analyses how China has engaged in global IP governance and the implications of its engagement for global distributive justice. It investigates five cases on China’s IP engagement in geographical indications, the disclosure obligation, IP and standardisation, and its bilateral and multilateral IP engagement. It takes a regulation-oriented approach to examine substate and non-state actors involved in China’s global IP engagement, identifies principles that have guided or constrained its engagement, and discusses strategies actors have used in managing the principles. Its focus on engagement directs attention to processes instead of outcomes, which enables a more nuanced understanding of the role that China plays in global IP governance than the dichotomic categorisation of China either as a global IP rule-taker or rule-maker. This book identifies two groups of strategies that China has used in its global IP engagement: forum and agenda-related strategies and principle-related strategies. The first group concerns questions of where and how China has advanced its IP agenda, including multi-forum engagement, dissembling, and more cohesive responsive engagement. The second group consists of strategies to achieve a certain principle or manage contesting principles, including modelling and balancing. It shows that China’s deployment of engagement strategies makes its IP system similar to those of the EU and the US. Its balancing strategy has led to constructed inconsistency of its IP positions across forums. This book argues that China still has some way to go to influence global IP agenda-setting in a way matching its status as the second largest economy. Wenting Cheng is Grand Challenge Research Fellow at the College of Law, the Australian National University (ANU), Canberra, Australia. .
    DOI: 10.1007/978-3-031-24370-7
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    Art Crime in Context (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031140846
    Language: English
    Pages: 1 Online-Ressource(VI, 228 p. 142 illus., 139 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Studies in Art, Heritage, Law and the Market 6
    Parallel Title: Erscheint auch als Art crime in context
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Criminal law. ; Criminology. ; Cultural property. ; Archaeology. ; Organized crime. ; Aufsatzsammlung ; Kunst ; Kulturgut ; Kunstdiebstahl ; Kunstfälschung ; Schmuggel
    Abstract: Introduction -- Assay-ssination: Reflections on the Cost of Jewellery and Gem Crime -- Design crime in context: Mass-manufactured design, design-as-art, and Chandigarh’s modernist furniture -- The Evolution of the Belgian Art and Antiques Unit -- Fossil trafficking, fraud, and fakery -- Illicit Excavations and Trade in Antiquities -- New Security Challenges at Museums and Historic Sites: The Case of Spain -- Revisiting the Looting of Site Q through Lidar: A Case Study of Illicit Digging in La Corona, Guatemala -- Securing Borders and Restraining the Illegal Movement of Cultural Property to, from, and within, the Island of Ireland -- Stealing Heritage in Canada -- The Theft of Your Soulmate: Motivations for the Theft of Rare Violins -- UNESCO Emergency Response “First-Aid” Heritage Interventions in Syria during Armed Conflict -- Yellow Journalism: Neutralisation techniques, media validation, and the Rothko vandal.
    Abstract: This book brings together empirical and theoretical case-study research on art and heritage crime. Drawn from a diverse group of researchers and professionals, the work presented explores contemporary conceptualisations of art crime within broader contexts. In this volume, we see ‘art’ in its usual forms for art crime scholarship: in paintings and antiquities. However, we also see art in fossils and in violins, chairs and jewellery, holes in the ground and even in the institutions meant to protect any, or all, of the above. And where there is art, there is crime. Chapters in this volume, alternatively, zoom in on specific objects, on specific locations, and on specific institutions, considering how each interact with the various conceptions of crime that exist in those contexts. This volume challenges the boundaries of what we understand as “art and heritage crimes” and displays that both art, and criminality related to art, is creative and unpredictable.
    DOI: 10.1007/978-3-031-14084-6
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    Quo vadis Commercial Contract? : Reflections on Sustainability, Ethics and Technology in the Emerging Law and Practice of Global Commerce (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031141058
    Language: English
    Pages: 1 Online-Ressource (XVII, 314 p. 142 illus.)
    Edition: 1st ed. 2023.
    Series Statement: LCF Studies in Commercial and Financial Law 1
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als Quo vadis commercial contract?
    RVK:
    PR 2353
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Trade regulation. ; Commercial law.
    Abstract: Preface -- Supply chain laws update – Ethics in global commerce through contract and regulation. An introduction -- Part 1: Law and technology -- The role of the Court of Justice of the European Union on the interpretation of platform operators and business users contracts -- Freedom to contract and democracy in the age of blockchain and smart contract -- Part 2: sustainability in commercial contracts -- Eco-reasonableness. Possibilities of incorporating green principles into general private law Clauses -- Right to cure – the odd one out? The CISG's remedial scheme and the circular economy -- From “green bond principles” to “green bond clauses”: mitigating greenwashing through contract law -- Part 3 : Supervening events and contractual ethics -- The Consequences of Brexit for Regulatory Competition and the Approximation of Commercial Law -- A new approach to contracts breached by COVID-19 -- Hong Kong Insurance Industry in Response to COVID-19 -- Uniformity or Diversity of the Concept of Good Faith under the CISG and UAE Law -- The Erosion of Contractual Freedom in Commercial Contracts. A Belgian case-study -- Inequality of Bargaining Power and Arbitration: The Tale of Uber.
    Abstract: This proceedings volume combines chapters derived from papers presented at the 4th and 5th Annual Conferences on the Future of the Commercial Contract in Scholarship and Law Reform. This ongoing research project brings together scholars from all over the world at an annual international conference in London. The book focusses on technology in commercial contract law as well as on sustainability in commercial contracts. The latter theme was inspired by the United Nations' climate conference that was to take place in Glasgow in the United Kingdom that same year. The book combines topical current issues in commercial contract law and practice organized in three parts. The first part contains contributions to the area of law and technology. The second part of the book expands on aspects of sustainability understood as environmental reasonableness in the context of commercial contracts. The third part includes several chapters on the topics of supervening events and contractual ethics. This book is therefore part of a coherent line of contributions to the furthering of modern contract theory. The choice of topics is closely following current issues of legal policy and contract practice.
    DOI: 10.1007/978-3-031-14105-8
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    Transnational Securities Regulation : How it Works, Who Shapes it (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    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
    Parallel Title: Erscheint auch als
    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.
    DOI: 10.1007/978-3-031-18063-7
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    Concepts, Discourses, and Translations (2022)
    Cham : Springer International Publishing | Cham : Springer International Publishing AG
    Details
    ISBN: 9783030960995 , 3030960994
    Language: English
    Pages: 1 Online-Ressource (X, 376 Seiten) , 216 illus., 73 illus. in color.
    Edition: 1st ed. 2022
    Series Statement: Second Language Learning and Teaching
    Parallel Title: Erscheint auch als Concepts, Discourses, and Translations
    DDC: 418
    Keywords: Intercultural communication ; Psycholinguistics ; Linguistics ; Education ; Intercultural Communication ; Psycholinguistics and Cognitive Lingusitics ; Linguistics ; Education
    DOI: 10.1007/978-3-030-96099-5
    URL: https://doi.org/10.1007/978-3-030-96099-5
    URL: Inhaltsverzeichnis
    URL: Ausführliche Beschreibung
    URL: https://doi.org/10.1007/978-3-030-96099-5
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    Political, economic and legal effects of artificial intelligence : governance, digital economy and society (2022)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783030947361
    Language: English
    Pages: 1 Online-Ressource (ix, 523 Seiten)
    Edition: 1st ed. 2022
    Series Statement: Contributions to political science
    Series Statement: Springer eBook collection
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Comparative government. ; Artificial intelligence. ; Public administration. ; International law. ; Elections. ; Technological innovations. ; Künstliche Intelligenz ; Wirkung ; Auswirkung ; Governance ; Politik ; Recht ; Gesetz ; Erde
    Abstract: This book presents a comprehensive analysis of the alterations and problems caused by new technologies in all fields of politics. It further examines the impact of artificial intelligence (AI) on the nexus between politics, economics, and law. The book raises and answers several important questions: What is the role of AI in politics? Are people prepared for the challenges presented by technical developments? How will Al affect future politics and human society? How can politics and law deal with Al's disruptive technologies? What impact will AI and technology have on law? How can efficient cooperation between human beings and AI be shaped? Can artificial intelligence automate public decision-making? Topics discussed in the book include, but are not limited to digital governance, public administration, digital economy, corruption, democracy and voting, legal singularity, separation of power, constitutional rights, GDPR in politics, AI personhood, digital politics, cyberspace sovereignty, cyberspace transactions, and human rights. This book is a must-read for scholars and students of political science, law, and economics, as well as policy-makers and practitioners, interested in a better understanding of political, legal, and economic aspects and issues of AI.
    Note: Literaturverzeichnisse, Literaturhinweise , Introduction , Theoretical background of AI & governance , Digital economy & politics , AI and demarcation of the rule of law , Politics versus law , Politics supersedes the rule of law , International law, politics & the rule of law , Cyberspace governance & politics , Politics and technology , AI & politics , AI, digital politics & GDPR , Conclusions
    DOI: 10.1007/978-3-030-94736-1
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    Transforming security : a new balance-of-power doctrine (2022)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783030870973
    Language: English
    Pages: 1 Online-Ressource(XXII, 180 p. 23 illus., 19 illus. in color.) , Karte, Illustrationen
    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 law. ; International relations. ; International organization. ; International humanitarian law. ; Kollektive Sicherheit ; Internationale staatliche Organisation ; Internationale Organisation ; Entwicklung ; Multilateralismus ; Konfliktregelung ; Intervention
    Abstract: This book analyses the collective security system as it now stands, focusing on strategic and normative frameworks. The old system of international collective security is based on assumptions that are inadequate in relation to current challenges. Against the backdrop of changed geopolitical constellations, democracies under siege and the challenges posed by new types of warfare, critical analysts hold that not a single multilateral institution today is fully up to the task it was created for. The UN, from its founding to the Sustained Peace Approach, represents a fascinating global process of vision-building and adaptation to reality. Based on this understanding, the dynamics of the UN peace and security architecture are examined along with major agendas, from peacebuilding to development. In turn, reform proposals in the post-COVID-19 era are discussed. The book examines whether a regionalization of security structures within the UN framework may offer a way out of global fragility and growing instability factors, a question of utmost importance for conflict prevention and crisis management in the next few decades. In turn, the author discusses a normative positioning of a new intervention logic as the lowest common denominator between collaborative regional orders. Reinvented multilateralism will return as a “must.” Given its scope, the book will appeal to students and scholars of international relations and international security studies, as well as to policymakers in governments and international organizations.
    Note: Literaturverzeichnisse, Literaturhinweise , Prologue , Intertwined pillars in a world of change , New ways to tackle global peace and security , Who, why and when—the normative framework , How to do it—strategies of intervention , Changed geopolitical framework , Dynamics and UN reform from 1990 to 2030 , Learning from history , Modelling the future , Reality check : new intervention logic , Multilateral system thinking , Global peace mechanism 2050—transforming security
    DOI: 10.1007/978-3-030-87097-3
    URL: lizenzpflichtig
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  • 76
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    East Asia and Iran Sanctions : Assistance, Abandonment, and Everything in Between (2022)
    Cham : Springer International Publishing
    Details
    ISBN: 9783030974275
    Language: English
    Pages: 1 Online-Ressource (XI, 262 Seiten)
    Series Statement: Springer eBook Collection
    Keywords: International relations. ; Middle East—Politics and government. ; Security, International. ; International economic relations. ; Peace. ; International law.
    Abstract: Chapter 1: The sweep of Iran sanctions: Its essence and Eastern entanglement -- Chapter 2: Sanctions reverberate: Stoking up political allegiance -- Chapter 3: Targeting the lifeline: Oil and energy security in trouble Chapter 4: In other party’s terms: Frozen oil funds -- Chapter 5: Clogged up: The world of non-oil banking and credit matters -- Chapter 6: The minefield for moneymakers: Investment in a fluctuating land -- Chapter 7: Tipped to profit: The non-stop gravy train of trade -- Chapter 8: Not impervious to pressure: Teetering technology transfer -- Chapter 9: Arms embargoes: Military and security adjustment -- Chapter 10: Cracks in the ivory tower: Academic and cultural repercussions -- Chapter 11: Looking East or looking elsewhere: Fault lines of international orientation -- Chapter 12: The empire strikes back: Smuggling and bypassing sanctions -- Chapter 13: The West and the East on the lookout: Tracking a tangled web of sanctions-busting -- Chapter 14: Iran and East Asia in retrospective and prospective: The staying power of sanctions.
    Abstract: This book explores how international sanctions on Iran reshaped the contours of East Asia’s interactions with the Middle Eastern state. Almost all East Asian political entities, from the industrialized and developed nations of Japan and South Korea, to the communist and developing countries of China and North Korea, have become major international partners of Iran over the past several decades. In addition, East Asian states were, by and large, thought to be among leading foreign beneficiaries of Iran sanctions, and the overall impacts of sanctions in transforming both the scope and size of their rather multifaceted connections to the Middle Eastern country have been consequential. Despite its significance, academic studies about this topic have remained sparse and scattered. This book aims to partially fill that research lacuna by surveying all relevant information and data available in the archives of several languages, including Chinese, English, Japanese, Korean, and Persian. While the book strives to cover the entire sanctions period, most of the analysis focuses on the past one and a half decades, when Iran came under the severest sets of international sanctions. It was during this particular time period that international quandary over the Iranian nuclear program led to a slew of far-reaching penalties and stringent restrictions levied against Iranians by the United Nations and the United States. These recent waves of international sanctions and limitations transformed many quintessential characteristics of East Asia’s interactions with Iran. Such sanctions-induced critical developments and changes, moreover, are bound to play an instrumental role in the direction and volume of exchanges between East Asian states and Iran in the coming years and decades. Shirzad Azad is an independent scholar with a doctorate in International Relations. He has studied and taught in Japan, South Korea (ROK), and China for roughly a decade. This is his eighth scholarly book.
    DOI: 10.1007/978-3-030-97427-5
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    Israel’s Targeted Killing Policy : Moral, Ethical & Operational Dilemmas (2022)
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    Details
    ISBN: 9783031136740
    Language: English
    Pages: 1 Online-Ressource(XI, 232 p. 19 illus., 18 illus. in color.)
    Edition: 1st ed. 2022.
    Additional Information: Rezensiert in Sinai, Joshua [Rezension von: Ganor, Boaz, Israel’s Targeted Killing Policy] 2022
    Series Statement: Springer eBook Collection
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Security, International. ; Middle East—Politics and government. ; International law. ; Political ethics. ; Terrorismus ; Bekämpfung ; Justizmord ; Operation ; Moral ; Einflussgröße ; Ethik ; Verhältnismäßigkeitsgrundsatz ; Effektivität ; Israel
    Abstract: Chapter 1. Overview - The use of targeted killing within Israel’s counter-terrorism policy over the years, its goals, characteristics and evolution in Israel -- Chapter 2. Potential Cost of Targeted Killing as a Counter-terrorism Strategy - Does Targeted Killing Trigger a Retaliatory "Boomerang Attack" -- Chapter 3.The death penalty – can a government act as a judge and an executioner? -- Chapter 4. The intelligence component of targeted killing – how does one prevent lethal mistakes? -- Chapter 5. The distinction principle of targeted killing – does a targeted killing of a terrorist means a deliberate hit on a combatant or a civilian? -- Chapter 6. The proportionality principle of targeted killing – Is a targeted killing really targeted? -- Chapter 7. The identity of the target – is there a justification to hit the political level of a terrorist organization or just its operational level? -- Chapter 8. Summary, Conclusions and Recommendations.
    Abstract: The book explores the main moral, ethical and operational dilemmas of targeted killings from an Israeli perspective. Even though many countries contending with terrorism have adopted this tool (either overtly or covertly) within the arsenal used in implementing their counter-terrorism policies, it seems that Israel, as one of the world's leading practitioner of targeted killing in its counter-terrorism effort, constitutes the most appropriate case study for reviewing implications and dilemmas associated with this practice. Each chapter will present a different ethical–moral–operational dilemma emanating from a deployment of a targeted killing. The analysis of Israeli considerations and solutions to these dilemmas is built around interviews with Israeli decision-makers, former senior security officials and other experts. The chapters also cover public opinion polls in order to highlight the views of the Israeli public vis-a-vis each dilemma. Finally, chapters will conclude with lessons learned and offer recommendations for a practical and moral solution. The final chapter then draws together universal conclusions and recommendations for the use of targeted killings. Boaz Ganor is Founder and Executive Director of the International Institute for Counter-Terrorism (ICT), and Ronald S. Lauder Chair for Counter-Terrorism at Reichman University in Israel. Liram Koblentz-Stenzler is a senior researcher and head of the Global Far-Right Extremism Desk at the International Institute for Counter Terrorism (ICT) at Reichman University, Israel.
    DOI: 10.1007/978-3-031-13674-0
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    The International Legal Order in Global Governance : Norms, Power and Policy (2022)
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    Details
    ISBN: 9783031160578
    Language: English
    Pages: 1 Online-Ressource(XXX, 481 p. 2 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
    Parallel Title: Erscheint auch als Germeaux, Alain The international legal order in global governance
    Keywords: International relations. ; International organization. ; Diplomacy. ; International law. ; Political science—Philosophy. ; Weltordnung ; Global Governance ; Universalitätsprinzip ; Internationales Recht ; Rechtstheorie ; Internationale Norm ; Internationale Politik ; Politisches Verhalten ; Kommunikation ; Theorie
    Abstract: Introduction -- The state of the art -- The role of law in international relations -- International law and the use of force -- The International Criminal Court -- Conclusion.
    Abstract: The space occupied by international law in shaping political action is subject to continuing debate and controversy. This book aims to answer the question of how and why international law impacts the behaviour of actors on the international stage in the absence of central authority and faced with asymmetric power. At a time when the role of normative restraints in international relations, and international law in particular, has come under renewed questioning, it advances an analytical framework for understanding the effect of norms on behaviour that is not contingent on material restraints or a given political constellation, while being informed by the practical realities and practice of international organisation. In doing so, this book draws on an interdisciplinary range of sources, including international law, political theory, cognitive psychology and behavioural economics to explore a communicative action-based approach of how norms and ideas persuade actors to engage in a course of action consonant with international law to achieve a particular outcome. In probing the role of norms on questions such as the use of force and accountability, and issues of equity and justice, it examines the challenges international law faces and what the way forward may look like. Alain Germeaux joined the diplomatic service after working as Research Fellow at the Research Centre on Normative Orders, the University of California, Los Angeles, USA, and the University of Cambridge, UK. He is legal adviser to the Luxembourg foreign ministry and served on the UN Security Council, the European Union, and as agent to the Court of Justice of the European Union and head of delegation to the International Criminal Court. He holds degrees in Public International Law and European Law from Université Paris I (Panthéon-Sorbonne) and the University of Hamburg, and a PhD from the University of Frankfurt am Main.
    DOI: 10.1007/978-3-031-16057-8
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    International Law and Time : Narratives and Techniques (2022)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031094651
    Language: English
    Pages: 1 Online-Ressource(XII, 473 p. 4 illus., 2 illus. in color.)
    Edition: 1st ed. 2022.
    Series Statement: Ius Gentium: Comparative Perspectives on Law and Justice 101
    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.
    Abstract: Chapter 1. The Multifaceted Notion of Time in International Law (Klara Polackova Van der Ploeg) -- Part I. Constructing and Attributing Meaning to Time in International Law -- Chapter 2. Lawyers as Creators of Law’s Temporal Reality: A Pragmatic Approach to International Law (Eric Wyler) -- Chapter 3. Human Rights in Time: Temporalization of Human Rights in Historical Representation (Juhana Mikael Salojärvi) -- Chapter 4. Interstellar Justice Now: Back to the Future of International Law (Bérénice Kafui Schramm) -- Chapter 5. Digressing Towards Justice: International Criminal Law’s Narrative of Moral Transit Through Violence (Timothy Waters) -- Part II. Time in International Lawmaking -- Chapter 6. How Instant and Universal International Law is Born and How it Dies: The 1856 Declaration of Paris (Jan Martin Lemnitzer) -- Chapter 7. Incrementalism in Lawmaking: The Development of Normative Frameworks of Protection for Forcibly Displaced Persons (Rob Grace) -- Chapter 8. The Politics of Time in Domestic and International Lawmaking (Tommaso Soave) -- Chapter 9. Life Cycles of International Law as a Noetic Unity: The Various Times of Law-Thinking (Thomas Schultz) -- Part III. Time and the Operation of International Law -- Chapter 10. Time-Travelling Rules of Interpretation: Of ‘Time-Will’ and ‘Time-Bubbles’ (Panos Merkouris) -- Chapter 11. Time and Tide Wait for No One: The Curious Consideration of Time in International Investment Treaty Law (Robert Howse) -- Chapter 12. The Relevant Time for Assessing Jurisdiction: The International Court of Justice and the Ratione Temporis Objection in the Genocide (Croatia v. Serbia) Case (Lorenzo Palestini) -- Chapter 13. Of Relevant Dates and Political Processes: State Succession and the Dissolution of the Former Yugoslavia (Asier Garrido-Muñoz) -- Chapter 14. China, Confucian Time and International Law: A Normative and Behavioral Account (Matthias Vanhullebusch) -- Part IV. International Law between Change and Stability -- Chapter 15. International Law Through Time: On Change and Facticity of International Law (Klara Polackova Van der Ploeg) -- Chapter 16. The Development of International Law, Perception, and the Problem of Time (Gregory Messenger) -- Chapter 17. Change and Adaptation in International Environmental Law: The Challenge of Resilience (Jaye Ellis) -- Part V. Transformations of International Legal Concepts in Time: Continuity, Discontinuity, Recurrence -- Chapter 18. The ‘Minimum Standard of Treatment’ in International Investment Law: The Story of the Emergence, the Decline and the Recent Resurrection of a Concept (Patrick Dumberry) -- Chapter 19. Peace Agreements Between Rupture and Continuity: Mediating Time in International Law (Philip Kastner) -- Chapter 20. Overlooking Continuity: National Minorities and ‘Timeless’ Human Rights (León Castellanos-Jankiewicz) -- Chapter 21. Self-determination as Ideology: The Cold War, the End of Empire, and the Making of UN General Assembly Resolution 1514 (14 December 1960) (Victor Kattan).
    Abstract: This book explores the close, complex and consequential – yet to a large extent implicit – relationship between international law and time. There is a conspicuous discrepancy between international law’s technical preoccupation with the mechanics of temporal rules and the absence of more foundational considerations of how time – both as an irrepressible physical dimension manifesting in the passage of time, and as a social construct shaped by diverse social and cultural factors – impacts and interacts with international law. Divided into five parts and 21 chapters, this book explores key aspects of the relationship between international law and time and puts the spotlight on time’s fundamental significance for international law as a legal order and as a discipline. Pursuing diverse approaches to international law, the authors consider the notion, significance, manifestations, uses and implications of time in international law in a wide range of contexts, and offer insights into the various ways in which international law and international lawyers cope with time, both in terms of constructing narratives and in devising and employing particular legal techniques.
    DOI: 10.1007/978-3-031-09465-1
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  • 80
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    Public Relations and the Digital : Professional Discourse and Change (2022)
    Cham : Springer International Publishing | Imprint: Palgrave Macmillan
    Details
    ISBN: 9783031139567
    Language: English
    Pages: 1 Online-Ressource (XX, 230 p. 6 illus., 2 illus. in color)
    Edition: 1st ed. 2022
    Series Statement: Communicating in Professions and Organizations
    Parallel Title: Printed edition
    Parallel Title: Printed edition
    Parallel Title: Printed edition
    DDC: 418
    Keywords: Intercultural communication ; Linguistics ; Marketing ; Industrial sociology ; Public relations ; Communication in organizations
    DOI: 10.1007/978-3-031-13956-7
    URL: https://doi.org/10.1007/978-3-031-13956-7
    URL: Volltext  (URL des Erstveröffentlichers)
    URL: Volltext  (URL des Erstveröffentlichers)
    URL: Volltext  (URL des Erstveröffentlichers)
    URL: lizenzpflichtig
    URL: https://doi.org/10.1007/978-3-031-13956-7
    URL: Inhaltsverzeichnis
    URL: Ausführliche Beschreibung
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    Sustainability Labels in the Shadow of the Law (2022)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783030958022
    Language: English
    Pages: 1 Online-Ressource(XVI, 121 p. 8 illus.)
    Edition: 1st ed. 2022.
    Series Statement: Studies in European Economic Law and Regulation 22
    Series Statement: Springer eBook Collection
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; Trade regulation. ; Commercial law. ; European Economic Community. ; Environmental law, International. ; Private international law. ; Conflict of laws. ; Comparative law. ; Sustainability.
    Abstract: General introduction -- Regulatory Structure of Standards Underlying Sustainability Labels -- Green Pictograms on EU Foods. A Legal Study informed by Behavioural Science -- Legal Limits on Food Labelling Law: Comparative Analysis of the EU and the USA -- Disciplining Private Standards under the SPS and TBT Agreement. A Plea for Market-State Procedural Guidelines -- Overcoming False Choices and Distorted Decisions. Estimating Human Well-Being under Article 101 TFEU -- Conclusion and General Discussion.
    Abstract: This book describes and examines three EU legal frameworks (EU competition law, EU consumer law, and EU fundamental rights law) that may affect the extent to which consumers purchase more sustainably. In doing so, this book goes beyond a rationalist understanding of the interpretation and application of EU law. Rational approaches have severely impacted the interpretation and application of EU law. Practice shows, however, that the implications of using a noncritical application of rationalist approaches in the interpretation and application of EU competition law, EU consumer law, and EU fundamental rights law to sustainability labels may have an inhibiting effect on sustainable consumption. The book offers remedies to overcome this inhibitive effect by critically applying insights from cognitive science and behavioral economics in the legal interpretation and application of EU law.
    DOI: 10.1007/978-3-030-95802-2
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    Democracy after Covid : Challenges in Europe and Beyond (2022)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031139017
    Language: English
    Pages: 1 Online-Ressource(XI, 181 p.)
    Edition: 1st ed. 2022.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Constitutional law. ; Human rights. ; Public law .
    Abstract: I. The COVID-19 Pandemic as a State of Exception? -- The Pandemic as an Idiosyncratic Case of a State of Exception -- The COVID-19 Pandemic and the State of Emergency: Lessons from Portugal -- II. Executives and Parliaments in a Pandemic -- Executives during the COVID-19 Pandemic: Contradictory Trends -- Parliamentarism in the Pandemic: Contemporary Challenges -- COVID-19 and the Federal State: The German Experience -- The COVID-19 Pandemic in Cyprus: A problematic legal regime, and the potential of rule of law in emergencies -- III. Balancing and Judicial Scrutiny in a Pandemic -- American Lessons: The COVID-19 Pandemic and the US Supreme Court -- The Rule of Law and Fundamental Rights in the Corona Pandemic in Germany -- The Impact of the Pandemic on the Greek Constitution -- Protecting Political Rights under the Threat of the COVID-19 Pandemic: The Emergence of Strict Judicial Scrutiny in Spain -- IV. Conclusions: Liberal Democracy after COVID-19 -- Conclusions: Liberal Democracy after COVID-19: Challenges in Europe and beyond.
    Abstract: This book, one of the first of its kind, explores the impact of the COVID-19 pandemic on modern Western democracies from a comparative constitutional law and policy perspective. Through 11 scholarly contributions, it tackles cutting-edge topics for the liberal state, such as emergency legislation, judicial scrutiny of COVID-19 measures, parliamentarism and executive decision-making during the pandemic. The book examines these topics both from a microscopic national constitutional angle, with a focus on European states, and from a macroscopic regional and comparative angle, on par with the American example. The COVID-19 pandemic is thus treated as an international state of emergency that has enabled far-reaching restrictions on essential human rights, such as freedom of movement, freedom of religion or even major political rights, while giving rise to the ‘administrative state.’ This edited volume explores each of these pressing themes in this exceptional context and evaluates different liberal states’ responses to the pandemic. Were these responses reasonable, effective and democratic? Or is the COVID-19 pandemic just the beginning of a new era of global democratic backsliding? How can liberal democracies manage similar crises in future? What lessons have we learned? The institutional knowledge gained turns out to be the key for the future of the rule of law.
    DOI: 10.1007/978-3-031-13901-7
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    Covid-19 and capitalism : success and failure of the legal methods for dealing with a pandemic (2022)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783030929015
    Language: English
    Pages: 1 Online-Ressource (xxiii, 1092 Seiten) , Diagramme, Illustrationen
    Edition: 1st ed. 2022
    Series Statement: Economic and financial law & policy – shifting insights & values 7
    Series Statement: Springer eBook Collection
    Series Statement: Economic and financial law & policy - shifting insights & values
    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—Philosophy. ; Law—History. ; Law and the social sciences. ; Law—Europe. ; COVID-19 ; Ursache ; Einflussgröße ; Interesse ; Wirkung ; Auswirkung ; Gesundheitswesen ; Soziales Feld ; Erde
    Abstract: This open access book provides a comprehensive analysis of the socioeconomic determinants of Covid-19. From the end of 2019 until presently, the world has been ravaged by the Covid-19 pandemic. Although the cause of this is (obviously) a virus, the extent to which this virus spread, and therefore the number of infections and deaths, was largely determined by socio-economic factors. From this, it follows that the course of the pandemic varies greatly from one country to another. This observation applies both to countries’ resilience to such a pandemic (which is mainly rooted in the period preceding the outbreak of the virus) and to the way in which countries have reacted to the virus (including the political choices on how to respond). Meanwhile, research has made it clear that the nature of this response (e.g., elimination policy, mitigation policy, and proceeding herd immunity) was, on the one hand, strongly determined by political and ideological factors and, on the other hand, was highly influential in the factors of success or failure in combating the pandemic. The book focuses on the situation in a number of Western regions (notably the USA, the UK, and the EU and its Member States). The author addresses the reasons why in many Western countries both pandemic prevention and response policies to Covid-19 have failed. The book concludes with recommendations concerning the rearrangement of the socio-economic order that could increase the resilience of (Western) societies against such pandemics.
    Note: Open Access , Tabellen, Literaturverzeichnisse, Literaturhinweise , Origin and causes of Covid-19 , Initial (state) response to Covid-19 , Monetary response to and financial implications of Covid-19 , Fiscal policy and state aids , General healthcare , Covid-19 and the sector of the long-term nursing homes , Covid-19’s impact on labour , Covid-19 and schools , Covid-19 vaccines and medicines , Covid-19 and Inequality , Final conclusions
    DOI: 10.1007/978-3-030-92901-5
    URL: kostenfrei
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    Russia's Role in the Contemporary International Agri-Food Trade System (2022)
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    Details
    ISBN: 9783030774516
    Language: English
    Pages: 1 Online-Ressource (XIV, 343 p. 17 illus., 1 illus. in color.)
    Edition: 1st ed. 2022
    Series Statement: Palgrave Advances in Bioeconomy: Economics and Policies
    Series Statement: Springer eBook Collection
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Trade. ; Agricultural economics. ; International law. ; Trade regulation. ; Agriculture—Economic aspects.
    Abstract: Section 1. Agri-Food Trade Policy and Practice -- Introduction: Is Russia’s Role in the International Agri-Food System Sustainable? (Stephen K. Wegren and Frode Nilssen) -- 1. Chapter 1: Russia’s Foreign Food Trade: An Historical Survey (Stephen K. Wegren) -- 2. Chapter 2: Russia’s Development as a Top Player in World Grain Trade (William Liefert and Olga Liefert) -- 3. Chapter 3: The Role of Food Exports in Russia’s Economy (Nikolai M. Svetlov) -- 4. Chapter 4: Maximilian Heigermoser, and Tinoush Jamali Jaghdani, Russia’s Food Security and Impact on Agri-Food Trade (Linde Götz) -- 5. Chapter 5: Russia’s Role in International Fish and Seafood Trade (Frode Nilssen) -- Section 2. Russia’s Regional Agri-Food Trade -- 6. Chapter 6: Russia’s Regional Free Trade Agreements and Agri-Food Trade after 2014 (Christel Elvestad and Tatiana Isachenko) -- 7. Chapter 7: Prospects for Agri-Food Trade between Russia and China (Jiayi Zhou) -- 8. Chapter 8: Russia’s Agri-Food Trade within the Eurasian Economic Union (Rilka Dragneva) -- 9. Chapter 9: Russia’s Agri-Food Trade with the Middle East and North Africa (Maximilian Heigermoser, Tinoush Jamali Jaghdani, and Linde Götz) -- 10. Chapter 10: Agri-Food Trade between the United States and Russia: From Divergence to Irrelevance (Stephen K. Wegren).
    Abstract: This Open Access book analyses the emergence of Russia as a global food power and what it means for global food trade. Russia's strategy for food production and trade has changed significantly since the end of the Soviet period, and this is the first book to take account of Russia's rise as a food power and the global implications of that rise. It includes food trade policy and practice, and developments in regional food trade. This book will be of interest to academics and practitioners in agricultural economics, international trade, and international food trade. Stephen K. Wegren is Distinguished University Professor, Professor of Political Science at Southern Methodist University, USA, and Director of International and Area Studies, Southern Methodist University. Frode Nilssen is Professor at Nord University Business School, Norway, and the Head of Department for Marketing, Strategy and Management at Nord University Business School.
    Note: Open Access
    DOI: 10.1007/978-3-030-77451-6
    URL: kostenfrei
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    Novel Foods and Edible Insects in the European Union : An Interdisciplinary Analysis (2022)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031134944
    Language: English
    Pages: 1 Online-Ressource(XII, 169 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: Law—Europe. ; International law. ; Trade regulation. ; International economic relations. ; Food science.
    Abstract: This open access book proposes an in-depth study on a vast range of issues connected to the regulation of Novel Foods in the European Union, pursuing an interdisciplinary approach and thus providing a comprehensive picture of this complex topic. Particular attention is paid not only to the current EU legislative framework, its positive innovations, unsolved problems and limits, but also to food safety issues and the potential impact of Novel Foods on sustainability and food security. In addition, the book focuses on a particular category of Novel Foods: insects for human consumption. These products recently gained momentum after the first EU Commission authorisation of dried yellow mealworm (Tenebrio molitor) in 2021. The book contributes to the lively public debate following this long-awaited authorisation by examining the legal issues arising from the application of the Novel Foods Regulation to these peculiar new foods; the EFSA risk assessment evaluations; the consumers’ perceptions and potential future of insect-based products’ market in the EU. By providing such an extensive analysis, including recent developments and future prospects, the book represents a valuable tool for students and academics, but also institutions and public authorities, helping them understanding the various challenges related to Novel Foods and edible insects. Furthermore, it seeks to promote an informed debate in order to find innovative solutions to pressing problems concerning how to feed the world of tomorrow.
    Note: Open Access
    DOI: 10.1007/978-3-031-13494-4
    URL: kostenfrei
    URL: Cover
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    Access to medicines and vaccines : implementing flexibilities under intellectual property law (2022)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783030831141
    Language: English
    Pages: 1 Online-Ressource (X, 369 Seiten) , Diagramme
    Series Statement: Springer eBook Collection
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Mass media. ; Law. ; Medicine. ; Trade. ; Health economics. ; International law. ; Mass media—Law and legislation. ; Medicine—Research. ; Biology—Research. ; Information technology—Law and legislation. ; Trade regulation. ; Medical economics.
    Abstract: Interpreting the flexibilities under the TRIPS agreement -- Intellectual Property Exhaustion and Parallel Imports of Pharmaceuticals: A Comparative and Critical Review -- Compulsory license and government use -- Access to genome editing technologies -- Bolar exception -- Patent oppositions in India -- Protection of clinical test data -- Courts and Pharmaceutical Patents -- Robust Patent Examination or Deep Harmonization? Cooperation and Work Sharing between Patent Offices -- IPRs, Competition Law and excessive pricing of medicines -- The impact of TRIPS plus rules -- Patent Linkages and its Impact on Access to Medicines.
    DOI: 10.1007/978-3-030-83114-1
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  • 87
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    Writing Constitutions : Volume I: Institutions (2022)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783030946029
    Language: English
    Pages: 1 Online-Ressource(XLVI, 615 p. 50 illus., 48 illus. in color.)
    Edition: 1st ed. 2022.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Constitutional law. ; Human rights. ; Administrative law.
    Abstract: Part I. Parliament: 1 Unicameral or Bicameral Parliaments (Albrecht Weber) -- 2 The Deputy (Wolfgang Babeck) -- 3 Political Parties and Thresholds (Wolfgang Babeck) -- 4 Internal Organisation of Parliament and Role of Opposition (Wolfgang Babeck) -- 5 Investigative Committees and Inquisitional Rights (Wolfgang Babeck) -- 6 Legislation (Albrecht Weber) -- Part II. President: 7 The Presidential Office: Qualification, Election and Term (Wolfgang Babeck) -- 8 Presidential Powers and Veto Rights (Babeck/Weber) -- 9 Dissolution of Parliament and Impeachment of President (Wolfgang Babeck) -- Part III. Government: 10 Government (Babeck/Weber) -- Part IV. Judiciary: 11 Constitutional Courts - Supreme Courts (Albrecht Weber) -- 12 General and Special Jurisdictions and Public Prosecution (Albrecht Weber) -- Part V. Territorial Structure: 13 Territorial Structure (Albrecht Weber) -- Part VI. State of Emergency: 14 State of Emergency (Wolfgang Babeck) -- Part VII. Defence: 15 Defence (Albrecht Weber) -- Part VIII. Budget, Finance and Central Banks: 16 Budget, Finance and Central Banks (Wolfgang Babeck) -- Part IX. Referendum: 17 The Referendum (Wolfgang Babeck) -- Part X. Amending the Constitution: 18 Amendment Power (Wolfgang Babeck). .
    Abstract: Writing Constitutions intends to serve as a practical manual for those writing constitutions or interested in their design. It is the first systematic and universal approach to coherently capture concepts and contents of a modern constitution. Volume I breaks each constitutional mechanism into components and offers detailed designs to draft a constitutional clause. This provides lawmakers with the necessary toolkit for writing constitutions and empowers them to strengthen democracies. Writing Constitutions comes in three volumes: - Volume I: Institutions - Volume II: Fundamental Rights - Volume III: Constitutional Principles.
    DOI: 10.1007/978-3-030-94602-9
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  • 88
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    Ethnic Diversity, Plural Democracy and Human Dignity : Challenges to the European Union and Western Balkans (2022)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783030979171
    Language: English
    Pages: 1 Online-Ressource(XVI, 273 p. 19 illus., 9 illus. in color.)
    Edition: 1st ed. 2022.
    Series Statement: Ius Gentium: Comparative Perspectives on Law and Justice 99
    Series Statement: Springer eBook Collection
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Human rights. ; Law—Europe. ; Political science—Philosophy.
    Abstract: Part 1. European principles and ethnic conflicts -- Compulsory adjudication: an emerging principle of European Law and the Western Balkan' s accession to the European Union (Mario Krešić) -- Democratic principle and nationalistic aspirations in plurinational states. A republicanism approach (Alberto Carrio Sampedro) -- Individualism vs. Collectivism: What are the best models to accommodate different collective and individual identities? (Damir Banović) -- Part 2. Federalism and democracy -- Constitutional asymmetry as a surrogate in conflict accommodation or how (not) to stabilize a constitutional system (Maja Sahadžić) -- A Dêmoicratic Account: Catalan Case (Ander Errasti Lopez) -- Part 3. Minority Rights -- Measuring social dimension of judicial ideology at the constitutional courts: a case from Slovenia (Jernej Letnar Černič) -- The citizenship and the state continuity: a case from Latvia (Jānis Pleps) -- EU minority conditionality and the Rule of Law: a case from Croatia (Snježana Vasiljević) -- Counter-Monuments. The Expulsion of the Acadians: a case from Canada (Bruce Anderson, Kim Morgan).
    Abstract: “Given their ethnic diversity, to what extent, and at what cost and benefit to human dignity, can European countries adopt and adapt plural democracy?” The contributors to this volume offer answers to this question from a variety of multidisciplinary perspectives within the framework of the integral theory of law and the state. Their shared aim is to explain legal phenomena in the context of other relevant issues and to identify, analyse and critique conceptualizations, problems and situations. This volume is rooted in the historical and contemporary European experience with special cases from Bosnia and Hercegovina, Croatia, Latvia, Slovenia, Spain and Canada which are relevant for understanding the European problem. Solutions to the problem are sought through innovative interpretations of the rule of law, democracy and human dignity, which are followed by argumentation about how these concepts, when recognized as European legal principles, can be implemented in order to avoid ethnic conflicts. Following an introduction that defines the problem at the centre of the book and explains how legal theory can be used to address it, the book consists of eleven contributions divided into three thematic sections. The first covers topics concerning the European principles which can help avoid ethnic conflicts: the principle of compulsory adjudication in interstate relations, the principle of democracy, and principles regarding the recognition of individual and collective identities. These European principles are then investigated by drawing on legal and political theories. The second section presents three ways of conceptualizing ethnical needs in multi-ethnic states: asymmetric federalism, dêmoicratic account and cooperative federalism. The third and final section elaborates on issues concerning the protection of minority rights: the role of judicial ideology in protecting minority rights, citizenship, the EU mechanism for the protection of minority rights, and the importance of remembering tragic events affecting minorities.
    DOI: 10.1007/978-3-030-97917-1
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  • 89
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    A New Agenda For Football Crowd Management : Reforming Legal and Policing Responses to Risk (2022)
    Cham : Springer International Publishing | Cham : Imprint: Palgrave Macmillan
    Details
    ISBN: 9783031162985
    Language: English
    Pages: 1 Online-Ressource(XVII, 367 p. 4 illus.)
    Edition: 1st ed. 2022.
    Series Statement: Palgrave Studies in Risk, Crime and Society
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Criminal behavior. ; Criminology. ; Psychology. ; Human rights. ; International law. ; Sports—Law and legislation.
    Abstract: Chapter 1 Introduction -- Chapter 2 The Historical Development of Policing and the Law at Football Matches in the UK -- Chapter 3 Legal Measures to Prevent Violence and Disorder at Football -- Chapter 4 Policing A Football Match in The Early 21st Century -- Chapter 5 Risk Supporters? Understanding the Behavioural Norms of Football Fans -- Chapter 6 Understanding the Psychology of Football Crowds -- Chapter 7 Human Rights and Football Policing -- Chapter 8 Understanding Risk in Football -- Chapter 9 Dialogue-Based Approaches to Football Policing -- Chapter 10 The New Agenda: Proposals for Reform in Law and Policing -- Chapter 11 Conclusions.
    Abstract: This book provides a holistic and interdisciplinary focus on the legal regulation and policing of football violence and disorder in Britain. Anchored in ground-breaking ethnographic and participant-action research, the book combines a crowd psychology and socio-legal approach to critically explore the contemporary challenges of managing football crowds. It sets out the processes by which football disorder occurs and the limitations of existing approaches to policing ‘football hooliganism’, in particular the dominant focus on controlling ‘risk supporters’, before setting out proposals for fundamental reforms to both law and policing. This book will be of value to academics, students, legal and policing practitioners, as well as policy-makers. The two authors are internationally known experts in the management and behaviour of football crowds and bring together for the first time over 30 years of research in this area from the disciplines of law and social psychology. Geoff Pearson is Professor of Law at The University of Manchester and Academic Director of the N8 Policing Research Partnership, UK. He was awarded his PhD on ‘Legal Responses to Football Crowd Disorder’ in 1999 and has published extensively on football crowd behaviour, policing, and law, largely utilising ethnographic research. In this area he has worked extensively with police forces, governing bodies, stakeholders, and policy makers and has contributed to several influential official reports and inquiries on the subject of football crowd disorder and regulation. Clifford Stott is Professor of Social Psychology at Keele University. He specialises in research on crowds, ‘riots’, ‘hooliganism’ and police use of force. He regularly works with police forces and governments internationally advising them on science led and dialogue-based approaches to public order management. In 2021 he was awarded an MBE for the contribution of his work to crowd psychology and in 2015 his work on policing crowds was acknowledged by the ESRC as one of its top 50 achievements in its 50-year history.
    DOI: 10.1007/978-3-031-16298-5
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  • 90
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    Law and Sustainability : Reshaping the Socio-Economic Order Through Economic and Technological Innovation (2022)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783030926205
    Language: English
    Pages: 1 Online-Ressource(VIII, 302 p.)
    Edition: 1st ed. 2022.
    Series Statement: Economic and Financial Law & Policy – Shifting Insights & Values 6
    Series Statement: Springer eBook Collection
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; Trade regulation. ; Economic policy. ; Social policy. ; Law and the social sciences. ; Commercial law. ; European Economic Community. ; Finance—Law and legislation.
    Abstract: The insidious dangers of student credit -- Cryptocurrencies and Special Purpose Vehicles: The Role of Inter­national Law in Ensuring the Effectiveness of Economic and Financial Sanction -- Groups of Companies under Belgian (company) Law. An analysis of some points of attention and evolutions -- The Dutch Act on Recovery and Resolution of Insurers in the con­text of EU and international developments -- Revisiting Some Earlier Reflections on a New International Monetary System -- Complexity and Regulatory Intelligence: Populism and the City, AI and Hu­manities, Climate Change and Crime, Gender Wage Gap and Basic Income” -- Seeds & Intellectual Property Rights: Bad Faith and Undue Influence undermine Food Security and Human Rights -- The new Belgian mediation rules of 2018, a revolution for commercial dispute settlement or a measure in vain? -- The obligation of the de facto director to declare the state of bank­ruptcy under Belgian criminal and civil law. Who’s who and what’s what? -- Amending EU Regulation No. 1151/2012 on Quality Schemes for Agricultural Products and Foodstuffs: Planting a Human in the Terroir -- Neoliberalism: an ideological model that has proclaimed egoism, selfishness and greed to be the basic socio-economic values.
    Abstract: This book deals with some aspects of the future shape of the socio-economic order which would be founded on sustainability principles and the role of law therein, instead of on the prevailing capitalist economic order. The volume elaborates in particular on how innovation, a crucial aspect of free-market capitalism and its laws which constitute the current socio-economic order, could result in a more sustainable economy which, in turn, could lead to a more sustainable society. Moreover, the book analyses current developments in financial and economic law and evaluates their perks, risks and sustainability levels. The book contains no less than 11 chapters in which a variety of experts share their state-of-the-art insights regarding specific domains of socio-economic life. As such, the book deals with topics that are at present fully under debate in societies, such as student credit and the dangers it entails, crypto­currencies and how the law tries to regulate this basically private law instrument, groups of companies under Belgian (company) law, a proposal for improving the international monetary system, and seeds and intellectual property rights, besides various other similar themes. The book forms the latest volume of the book series Economic and Financial Law & Policy – Shifting Insights & Values, and fully complies with the series’ goal of critically exa­mining the legal methods and mechanisms that shape the global free markets and proposing alternatives to them. The book will hereby prove a valuable instru­ment for all researchers investigating these matters, besides policymakers and their ad­visers as well as all lawyers active in the field of economic law who look for a new per­spective on the subject matters dealt with.
    DOI: 10.1007/978-3-030-92620-5
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  • 91
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    Climate Protection and Environmental Interests in Renewable Energy Law : Perspectives from Brazil and Germany (2022)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031116056
    Language: English
    Pages: 1 Online-Ressource(XXV, 286 p. 9 illus., 5 illus. in color.)
    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: Environmental law, International. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Environmental Law. ; Renewable energy sources. ; Bioclimatology. ; Energy policy. ; Energy and state.
    Abstract: Context of the Research -- Research Questions and Methodology -- Promotional Systems for Renewable Energy Sources in Brazil and Germany: Consideration of Negative Effects in High-level Planning and Promotional Instruments -- Internal Environmental Conflicts in the Electricity Generation Through Renewable Energy Sources -- Legal Framework for the Resolution of Internal Conflicts in Land Use Planning for Renewable Energy Projects in Brazil and Germany -- Legal Framework for the Solution of Internal Conflicts in the Environmental Licensing Process of Renewable Energy Projects in Brazil and Germany -- Comparative Analysis and Results for the Resolution of Internal Conflicts in Environmental Planning and Licensing of Renewable Energy Projects -- Conclusions.
    Abstract: This book is about environmental and climate legal protection in the energy transition. The Paris Agreement has a binding commitment of holding the global temperature increase to 2°C while pursuing efforts to limit it to 1.5°C. To cope with the negative effects of climate changes and mitigate greenhouse gas emissions, one of the primary responses has been the deployment of renewable energy sources, transiting from fossil fuels to sustainable electricity production. However, renewable energy sources can also cause significant environmental impacts. Wind energy, for instance, can impact biodiversity, such as birds and bats, killing them when colliding with turbines and affecting their migration and nesting. This results in conflicts in environmental law. This book questions whether, in the energy transition, the generation of electricity from renewable sources to protect the climate is compatible with the protection of the environment, both interests in environmental law. To address this question, this book follows a legal-environmental perspective and assesses the common problem of solving those internal environmental conflicts in Brazilian and German law to understand and compare whether and how both legal systems solve the conflicts by compatibilizing the protection of the climate with other environmental interests. The legal analysis focuses on land-use planning and environmental licensing, assessing similarities and differences, and evaluating the results, identifying what one country can learn from the other.
    DOI: 10.1007/978-3-031-11605-6
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  • 92
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    Law and Economics of the Coronavirus Crisis (2022)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783030958763
    Language: English
    Pages: 1 Online-Ressource(VIII, 405 p. 4 illus.)
    Edition: 1st ed. 2022.
    Series Statement: Economic Analysis of Law in European Legal Scholarship 13
    Series Statement: Springer eBook Collection
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; Trade regulation. ; Law and economics. ; Medical laws and legislation.
    Abstract: Part I: Immediate Impact and Responses -- Law, Economics, and Compliance in the Times of Covid-19: A Behavioral Perspective -- Fake News in Times of Pandemic and Beyond: Exploring the Rationales for Regulating Information Platforms -- A Behavioural Economics Approach to the Covidian CrisisContracts and the Coronavirus Crisis: Emergency Policy Responses between Preservation and Disruption -- The Giant Awakens - Law and Economics of Excessive Pricing during the Covid-19 Crisis -- Balancing Lives and Livelihoods: Informality of the Economy as a Challenge to Implementing the Obligation to Fulfil (Provide) the Right to Adequate Food During the Covid-19 Pandemic -- Business Interruption Insurance and Covid-19: Between Embracing Risk and Spreading Loss -- Remote Teaching and Remote Exams Due to Covid-19: Some Evidence from Teaching Law and Economics -- Part II: Future Possibilities -- Access and Development Rights in Pandemic Crises -- Covid-19 and the Issue of Affordable Access to Innovative Health Technologies: An Analysis of Compulsory Licensing of Patents as a Policy Option -- Financial (In)stability and the UN’s Agenda 2030 on Sustainable Development in the Face of the Coronavirus Crisis -- Innovative Foods with Transparent Labels that Will Have the Next Pandemic for Breakfast -- The Coming of Age of Open Data.
    Abstract: The coronavirus pandemic struck unexpectedly, posing unprecedented challenges around the world. At the same time, this crisis also offers a unique opportunity for reflection, research, and insight regarding this and similar global and domestic crises. There is much to be learned from analysing the effects of the crisis. It provides a chance for a fresh scholarly examination of important aspects of legal regulation, policymaking, and more. This volume pursues these questions from a broad range of Law and Economics perspectives and is divided into two parts. The first part examines the immediate impact of and responses to the coronavirus crisis, while the second explores the future possibilities that scholarly analysis of this crisis can offer. As to the immediate impact and responses, questions of compliance with regulations and safety measures, nudging and decision-making with regard to the coronavirus crisis are examined from the perspective of behavioural economics. In addition, the short- and long-term effects of various emergency policy responses on contract law are studied. Current issues and challenges like the regulation of internet platforms, excessive pricing, the right to adequate food, risk and loss allocation, as well as remote learning and examinations, which have been impacted, brought about, complicated or aggravated by the coronavirus crisis, are analysed in depth. Lastly, future possibilities in the areas of data access rights, economic instability and the balance between political-economic interests and social interests, patenting, food labels and open data are illustrated. .
    DOI: 10.1007/978-3-030-95876-3
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  • 93
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    Ukrainian Healthcare Law in the Context of European and International Law (2022)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031056901
    Language: English
    Pages: 1 Online-Ressource(XIV, 276 p. 6 illus. in color.)
    Edition: 1st ed. 2022.
    Series Statement: European Union and its Neighbours in a Globalized World 7
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Medical care. ; Law—Europe.
    Abstract: Introduction -- Part I General Provisions of a Healthcare -- Europe towards a unified model of healthcare -- An obsolete Health Act and the rise of a Patients’ Rights Act in the Netherlands -- Realization of the right to health of the child in family law of Central and Eastern Europe -- Prevention of occupational morbidity as a component of public health -- Part II Human Autonomy. Circulation of the Deceased’s Organs -- Human Autonomy in the field of medical care: national regulations, foreign experience and case law -- The doctrine of the patient’s personal autonomy in absolute legal relations: gaps of Ukrainian law -- Civil circulation of the deceased’s organs in the countries of Eastern Europe -- Part III Protection of Rights and Medical Dispute Resolution -- Protection of personal non-property rights of individuals, biological materials and personal data of whose are subject to research as a part of biobanks in Ukraine – using of experience of Germany.-Towards effective medical disputes resolution in Ukraine and Lithuania: comparing analyses, challenges and perspectives -- Part IV Reproductive Rights -- Posthumous reproduction: comparative review of legislation and court practice -- Legal and Regulatory aspects of assisted reproductive technologies in Ukraine and the EU Member-States -- Part V Intellectual Property in Medicine and Pharmacy -- Intellectual Property in Medicine and Pharmacy: Harmonization of Ukraine and EU Legislation -- Intellectual Property protection of the DNA sequence of a living organism in the era of artificial intelligence and other social challenges -- Part VI Healthcare Contracts -- Europe towards a Pan-European treatment contract -- The Legal Nature of Managed Entry Agreements (MEAs) in the Coronavirus Response System.
    Abstract: This is an increasingly timely book, focusing on issues arising from the impact of COVID-19 on the health care law of the Central and East European countries. It deals with dualism and system of health care law, depicts legal personality in the field of health care, examines property rights and turnover of human tissues, considers moral rights in this field, intellectual ownership in the field of medicine and pharmacy, contracts on health care and contracts on rendering medical services, the legal relationships of transplantology, post-mortem reproduction and donorship, features of family personal property rights in the field of health care, problems of legal regulation of medical workers labour, investigates private legal relationships of surrogate motherhood with foreign element. Special attention is given to the alternative resolution of health care disputes and impact of pandemic on the effective health rights protection. The book is intended for wide auditoria of scholars and practitioners, who engaged in health care rights protection, as well as judges and practicing lawyers, graduate and undergraduate students.
    DOI: 10.1007/978-3-031-05690-1
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  • 94
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    Regulation of Genome Editing in Human iPS Cells : A Comparative Legal Analysis of National Regulatory Frameworks for iPSC-based Cell/Gene Therapies (2022)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783030930233
    Language: English
    Pages: 1 Online-Ressource(X, 334 p. 13 illus., 10 illus. in color.)
    Edition: 1st ed. 2022.
    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—Europe. ; Medical genetics.
    Abstract: Introduction -- Biological Aspects of Genome Editing in iPS Cells -- Ethical Aspects in the Context of Genome Editing -- Regulation of Genome Editing in iPS Cells: Germany -- Regulation of Genome Editing in iPS Cells: France -- Regulation of Genome Editing in iPS Cells: Switzerland -- Regulation of Genome Editing in iPS Cells: United States -- Regulation of Genome Editing in iPS Cells: Japan -- Regulation of Genome Editing in iPS Cells: Republic of Korea -- Comparative Analysis.
    Abstract: The book provides a concise overview of currently applicable regulatory frameworks of states which are among the world leaders in research and development (R&D) of cell and gene therapies. Developments in genome editing are expected to lead to new possibilities for the treatment of hereditary diseases in humans. The treatment of such often severe but hitherto uncurable diseases can be based on genome-edited induced pluripotent stem cells (iPS cells). Such treatments constitute combined cell/gene therapies. These therapies need to be governed by a regulatory framework which ensures quality, safety, and efficacy of the relevant therapeutic products. On the other hand, such regulations may retard product approval and impede R&D. Accordingly, national regulations for therapies based on genome-edited iPS cells are an important and, as the case may be, decisive factor for both researchers and industry regarding their decision where to locate their R&D activities. Therefore, regulatory frameworks impact significantly on the competitiveness of states and their economies. This is why a comparative analysis of laws and regulations of different countries matters. Such a comparative legal analysis provides an important insight into regulatory concepts which, in turn, may inspire adjustments of, or amendments to, domestic legal regimes. For this purpose, experts present country reports on France, Germany, Japan, South Korea, Switzerland, and the USA. The reports on France and Germany also refer to the parameters and implications arising from pertinent EU law. This contributed volume is aimed at researchers, but also at, e.g., legal scholars, lawmakers, regulators, and political decision makers.
    DOI: 10.1007/978-3-030-93023-3
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  • 95
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    Legal Implications of Territorial Secession in Spain (2022)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031046094
    Language: English
    Pages: 1 Online-Ressource(XII, 437 p.)
    Edition: 1st ed. 2022.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; Private international law. ; Conflict of laws. ; Comparative law.
    Abstract: The absence of any basis for secession in the right of self-determination of peoples and in the serious violations of human rights -- Secession through constitutional reform? A comparative study -- The right to self-determination: an interpretation from Spain -- Debate on International Law as a foundation for independence: Catalonia -- The formation of the State in the international legal order. Proceedings for secessionist entities -- The role of recognition in access to statehood and the obligation not to recognize a secessionist entity as a state -- Secession and succession in respect of boundary treaties and boundary regimes with regard to Spain and the neighbouring States -- Borderlands of Spain in Andorra, Olivença, Ceuta, Melilla and Gibraltar -- There is no right to succession in the membership of International Organizations as a result of secession -- Succession of States in Respect of Treaties on Human Rights -- Secession, international responsibility and human rights -- The notion of exception in the Spanish Constitution of 1978: Theory and practice.
    Abstract: The book deals with the secession/separation of territorial entities and the legal consequences that derive from it both for the parent state and for the seceded/separated entity or the entity that intends to secede/separate. This subject is approached from the triple perspective of international law, comparative law, and Spanish law. International law, because it is this legal system which contains the general legal framework within which this issue must be dealt with. Thus, for example, the legal basis of the right to self-determination, the constituent elements of the state, the recognition of states and governments, succession in the matter of treaties, succession in membership of International Organisations, etc. Moreover, international law is also the reference invoked by secessionist/independentist political projects within states in an attempt to provide a legal basis for the legality of their claim. Comparative law, in order to find out not only how most state constitutions deal with secession or independence of their territories, but also the jurisprudence handed down by national courts on the matter (USA, Canada, Italy, France, Spain, among others). And finally, Spanish Law, because the perspective chosen to address the object of study is from the perspective of Spain.
    DOI: 10.1007/978-3-031-04609-4
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    Combatting Illicit Trade in Tobacco Products : In Search of Optimal Enforcement (2022)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783030678029
    Language: English
    Pages: 1 Online-Ressource(VIII, 593 p. 15 illus., 12 illus. in color.)
    Edition: 1st ed. 2022.
    Parallel Title: Erscheint auch als Combatting illicit trade in tobacco products
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Organized crime. ; Law—Europe. ; Criminal law—International unification. ; Commercial law. ; European Economic Community. ; Trade regulation. ; International criminal law. ; Tabac - Industrie - Pratiques déloyales - Pays de l'Union européenne ; Tabac - Contrebande - Pays de l'Union européenne ; Tabac - Industrie - Pratiques déloyales ; Tabac - Contrebande ; Tobacco industry - Corrupt practices ; Tobacco - Law and legislation ; Tobacco smuggling ; European Union countries ; Aufsatzsammlung ; USA ; Europäische Union ; Tabakhandel ; Schmuggel ; Organisiertes Verbrechen ; Strafjustiz ; Internationales Recht
    Abstract: This book focuses on the enforcement aspect of tobacco control policy, and argues that the intense regulation of the tobacco market will never be successful as long as it can be circumvented by the availability of illicit tobacco products. Yet, current efforts to combat illicit tobacco trade are insufficient, suffering from several flaws and gaps at the regulatory and operational levels. The aim of this book is to provide an analysis of the legal framework and practice of enforcement with regard to illicit tobacco products. Combining criminological and legal perspectives, it presents and critically analyses the phenomenon of illicit tobacco trade, as well as the policies, legal frameworks and practices in six EU countries with regard to combatting this phenomenon, assessing the strengths and weaknesses of their approaches. Furthermore, it studies the relationship between the EU and third countries (e.g. Ukraine) in terms of how the EU can influence policy and enforcement in these countries in order to counter illicit tobacco trafficking. Not exclusively focusing on the EU, the book also includes an analysis of enforcement against illicit tobacco products in the US. The EU Member States analysed in the book (Belgium, Germany, Italy, Latvia, the Netherlands and Poland) reflect the range of currently available approaches. Some of them have ratified the WHO Protocol against tobacco smuggling; others have not. They belong to different legal traditions and face different challenges due to their respective border situations. While Belgium and the Netherlands are key entry ports to the EU, Poland and Latvia represent the Eastern land border of the EU, with various regional challenges. Italy has a long maritime border, where trafficking is possible from Northern Africa and from the Middle East. It also has significant experience in fighting organised crime. Lastly, Germany is the largest market in Europe and situated in the middle of these trafficking routes.
    DOI: 10.1007/978-3-030-67802-9
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  • 97
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    Global Transformations in the Use of Biodiversity for Research and Development : Post Nagoya Protocol Implementation Amid Unresolved and Arising Issues (2022)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783030887117
    Language: English
    Pages: 1 Online-Ressource(XXIX, 650 p. 8 illus., 4 illus. in color.)
    Edition: 1st ed. 2022.
    Series Statement: Ius Gentium: Comparative Perspectives on Law and Justice 95
    Series Statement: Springer eBook Collection
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Information technology—Law and legislation. ; Mass media—Law and legislation. ; Environmental law, International. ; Genetics. ; Biodiversity.
    Abstract: Part I: Introduction -- Transformations in international law on access to genetic resources and benefit-sharing and domestic implementation: Introduction, synthesis and conclusions -- PART II: Post Nagoya Protocol Measures On Access And Benefit-Sharing And Domestic Implementation: Implementation In South America -- Access and benefit-sharing regime in Argentina: Experiences and perspectives -- Brazilian biodiversity law – challenges and opportunities for industries and research institutions -- Towards mutual supportiveness between the Nagoya Protocol and the Andean Sub-regional ABS Regime: The cases of Ecuador and Peru -- New ABS legislation and practice in compliance with the Nagoya Protocol: Current situation and perspectives in Costa Rica -- Part III: Post Nagoya Protocol Measures On Access And Benefitsharing And Domestic Implementation: Implementation In Africa -- The South African ABS regime: New wine in old wine skins? -- The post Nagoya Protocol ABS Regime in Cameroon: Exploring the extent to which ongoing policy, regulatory developments and ABS practices uphold the obligations of the Protocol -- The Ethiopian access and benefit-sharing regime: Stringent with a purpose -- Abracadabra! It is time for Kenyan ABS law to be born -- Part IV: Post Nagoya Protocol Measures On Access And Benefitsharing And Domestic Implementation: Implementation In Asia -- Access and benefit sharing law and policy in South Korea -- Malaysia – From no ABS law to a comprehensive legislation -- The new Vietnamese law on ABS: Overview and innovations in legislation and practice -- Part V: Post Nagoya Protocol Measures On Access And Benefitsharing And Domestic Implementation: Implementation In Australia -- ABS in Australia: From innovation to hesitation -- Part VI: Post Nagoya Protocol Measures On Access And Benefitsharing And Domestic Implementation: Implementation In Europe -- ABS Regulation in the European Union -- Access and benefit-sharing regime in Spain: Striking the balance between its roles as a provider and a user of genetic resources -- The post Nagoya Protocol ABS regime in France: Exploring the extent to which it upholds the obligations of the Protocol -- Part VII: Implementation Experiences And Unresolved Issues: General Themes -- Due Diligence and the Regulation of Transnational Economic Activity - Regulation (EU) No 511/2014 compared to other EU due diligence scheme -- Implementation of Due Diligence obligations in Germany -- Rights over genetic resources and ways of monitoring the value chain: A case study from the Royal Botanic Gardens, Kew -- Post Nagoya Protocol experiences of basic research in Ecuador -- Digital Sequence Information on genetic resources and the Convention on Biological Diversity -- ABS contractual obligations in the context of agricultural breeding and possible cut-off points -- Contract solutions for difficult ABS questions - example from information technology -- ABS in practice – real life cases.
    Abstract: Enough laws have been enacted since the adoption of the Nagoya Protocol on access and benefit-sharing to permit a study which is capable of accurately portraying the status quo of national implementation of the Protocol and the ensuing practice, emerging challenges and how countries are coping with them. This book, one of the first to present such a study, uniquely combines an examination of the new laws and practice and how they comply with the Nagoya Protocol; of issues not yet resolved by the Protocol and which solutions are being explored; and of how research and development is responding to the new situation. In addition, it proposes solutions to selected questions on ABS based on real-world and hypothetical cases, which could instigate litigation. Written by a team of expert academics and practitioners in the field, this book makes a valuable contribution to academic and policy debates and to academic literature on international environmental law, international biodiversity law, international property law, climate law and the law of indigenous populations. It also offers a reference guide for practicing lawyers in the area of ABS.
    DOI: 10.1007/978-3-030-88711-7
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  • 98
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    Law and Migration in a Changing World (2022)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783319995083
    Language: English
    Pages: 1 Online-Ressource(XIV, 838 p. 5 illus. in color.)
    Edition: 1st ed. 2022.
    Series Statement: Ius Comparatum - Global Studies in Comparative Law 31
    Series Statement: Springer eBook Collection
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; International relations. ; Human rights. ; Biotechnology. ; Law—Europe.
    Abstract: Migration Law and Policy on the Road to Redemption: Hostile Identity Politics v. Individual Rights and Socioeconomic Benefits -- Law and Migration in a Changing World -- General Report -- Selective Generosity: Migration Law and Policy in Australia -- Migration Governance in a Fast-Evolving Legal Environment: The Case of Belgium -- Human Smuggling under Canadian Refugee Law: Protecting a System, not Persons -- Over-normativity in Search of a Balance between Migration Control and Migrant Rights in Croatia -- The Danish Legal Framework for Migration: Between Progressive Humanitarianism and a Restrictive Present -- Migration and Statelessness in the Dominican Republic from a Human Rights Perspective -- Germany’s Fragmented Migration Management within the European Framework -- Greek Migration Law and the Challenges of Europeanization and Internationalization -- Law and Migration in the World’s Gambling Haven: The Uniqueness of the Macau SAR (China) and Its Migration Reality -- Quo Vadis? Some Reflections on Malta’s Migration Management Trajectory -- In the Waka of Kupe: the Long Journey to Aotearoa New Zealand -- Norway: Challenging Human Rights Law -- Stratified Migration: Differentiated Rights and Privileges of Economic Migrants in Singapore -- Above the Law: Securitization in South Africa’s Migration Management Regime -- Immigration Law and Policy in Switzerland: Between Restrictive Controls and Freedom of Movement -- The Stratification of Rights and Entitlements – Access to Residency, Welfare and Justice by Migrants in the UK -- Migration Law in Venezuela and Its Applicability in the Context of an Authoritarian Regime.
    Abstract: This volume comprises national reports on migration and migration law from 17 countries representing all continents. The vast majority of these are countries of immigration, which means they face specific challenges in terms of managing migratory flows that are increasingly linked with climate change and scarce natural resources worldwide, and they need to find viable ways to integrate humanitarian migration. Unlike so many recent publications in the field of international migration law, this book brings together reports on diverse countries that are rarely regarded as part of one and the same picture, depicting globalized migration in the contemporary era that to a large extent challenges state sovereignty. The contributions delineate the legal regimes that individual states are continually developing and modifying with a view to managing and controlling access of individual persons to their respective territories. They also show how the restrictive measures that states resort to in the event of failure to manage migration could have a lasting legal impact. The General Report preceding the country reports provides a comparative overview of the national reports, and is divided into two parts. The first, more technical in nature, addresses the classic questions relating to admission to and residence in a country. The second, more reflective section, examines the relationship between laws and migration in a wider and multidisciplinary perspective. To allow a robust comparison, the country reports all follow a similarly wide-ranging structure; to the extent possible, they also cover the historical, sociological and demographic factors that help explain legal regimes and migratory flows in each country. Each country report includes analyses of recent legislative developments and delicate questions that are still awaiting adequate (legal) responses as well as perspectives for the future.
    DOI: 10.1007/978-3-319-99508-3
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  • 99
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    Victim Advocacy before the International Criminal Court (2022)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783030567330
    Language: English
    Pages: 1 Online-Ressource(XIV, 365 p. 4 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 Victim advocacy before the International Criminal Court
    RVK:
    PR 2210
    Keywords: International criminal law. ; International law. ; Criminology. ; Human rights. ; Humanitarian law. ; Medical jurisprudence. ; Internationaler Strafgerichtshof ; Internationales Strafrecht ; Rechtsanwalt
    Abstract: Part I – Introduction of Legal Doctrine: The Modalities of Victim Participation (Solange Mouthaan) -- A Brief Overview of the Crimes Prosecuted by the ICC, Defences to These Crimes, and the Scope of Liability for These Crimes (Sam Garkawe) -- Part II – Essential Advocacy Techniques; Advocacy Skills for the Victim Advocate: Understanding your Role and Responsibilities as Counsel for the Victim (George Hampel) -- Case Preparation and Analysis (George Hampel) -- Developing Legal Argument (George Hampel) -- Written Advocacy (George Hampel) -- Effective Court Room Communication (George Hampel) -- Making an Opening (George Hampel) -- Leading Evidence in Chief (George Hampel) -- Conducting Cross-Examination (George Hampel) -- Dealing with Expert Evidence (George Hampel) -- Part II Appendix 1: Summary of Advocacy Fundamentals and Specific Advocacy Tasks (Elizabeth King and The Australian Advocacy Institute) -- Part II Appendix 2: Advocacy Case Studies and Exercises (Elizabeth King and The Australian Advocacy Institute) -- Part III – Interdisciplinary Consideration: Representing Victims who have been Subject to Violent Sexual or Reproductive Crimes (Solange Mouthaan) -- Representing Victims Who Are Children (Francesca Capone) -- Post-conflict Mental Health and the Role of Transitional Justice (Alvin Kuowei Tay and Zachary Steel) -- Effective Communication in Multilingual Judicial Proceedings (Andrew Constable) -- Interview Melinda McPherson: Considerations of Gender in Representing Victims before the International Criminal Court -- Part IV – Resources: Interview Jens Dieckmann: Member of the List of Counsel who has appeared before the International Criminal Court as a Victim Advocate -- Entretien avec Jean-Louis Gilissen: les défis de la représentation des victimes de différentes cultures [Interview with Jean-Louis Gilissen: the challenges of representing victims of different cultures] -- Interview Paolina Massidda: Counsel of the Office of Public Counsel for the Victims (OPCV) -- Interview Fiona McKay: former Chief of the Victims Participation and Reparations Section (VPRS) -- Interview with Milê Glamcevski: Vicarious Trauma and Self Care for the Victim Advocate -- Ensuring that Your Client Receives Adequate non-legal Professional Support Before, during and After the Court Process (Ronda Cress).
    Abstract: This book is a practical guide for advocates interested in the representation of victims before the International Criminal Court (ICC). It has been developed by experts responsible for the advocacy training of the International Criminal Court's List of Counsel members. Written in a readily accessible style, this guide provides a firm grounding in relevant legal doctrine, essential advocacy techniques and valuable multidisciplinary perspectives. Drawing upon global expertise from legal practitioners, specialist advocacy trainers and multi-disciplinary writers, this book addresses both practical considerations and key challenges faced by ICC victim advocates. These include issues such as gender, child victims, victims of sexual violence, special need victims and victims who are themselves implicated in international crimes. Through its practical focus on advocacy techniques, hypothetical case studies, checklists, interviews from the field and lists of further resources, this manual equips readers with the knowledge and skills necessary to engage in sophisticated ICC victim advocacy. This book will also appeal to those interested in the workings of International Criminal Law and in victim advocacy and victimology more broadly.
    DOI: 10.1007/978-3-030-56733-0
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  • 100
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    European Yearbook of International Economic Law 2021 (2022)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031050831
    Language: English
    Pages: 1 Online-Ressource(XII, 369 p.)
    Edition: 1st ed. 2022.
    Series Statement: European Yearbook of International Economic Law 12
    Series Statement: Springer eBook Collection
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; Trade regulation. ; Commercial law. ; European Economic Community. ; International economic relations.
    Abstract: Part I – The Future of Dispute Settlement in International Economic Law: The US, the WTO, and the Appellate Body: From Great Expectations to Hard Times by Lindsey Garner-Knapp, Shaina D. Western and Henry Lovat -- The Role of the Appellate Body of the WTO in Preserving the ‘Glocal’ Space in International Intellectual Property Law by Emmanuel Kolawole Oke -- Two Sides of the Same Coin? Analysing the Efficacy of the African Continental Free Trade Area and WTO’s Dispute Settlement Mechanisms in Resolving Trade Disputes between African States by Annabel Nanjira -- Legitimacy Crisis at the World Trade Organisation Appellate Body: Other Ways Than the MPIA? by Georgie Juszczyk -- Preventing Frivolous Counterclaims in Investor-State Arbitration: Need for Summary Dismissal Procedures by Vishakha Choudhary -- Designing Deference: Towards a Thin Margin of Appreciation Doctrine in International Investment Law? by Erlend M. Leonhardsen -- Conciliation as Method to Solve Sovereign Debt Disputes Between States and Private Creditors by Domenico Pauciulo -- State Counterclaims and the “Legitimacy Crisis” in Investment Treaty Arbitration by Patricia Cruz Trabanino -- Return to Contract-Based Arbitration as a Possible Response to Achmea by Berta Boknik -- Hagia Sophia at ICSID? The Limits of Sovereign Discretion by Ioannis Glinavos -- International Commercial Courts: A New Frontier in International Commercial Dispute Resolution? Lessons from the Mixed Courts of the Colonial Era by Willem Theus -- The Dejudicialization of International Economic Law by Relja Radović -- Enter the Dialogue: Reference Mechanisms in Dispute Resolution Clauses by Sebastian Lukic -- Part II – Current Challenges, Development and Events in European and International Economic Law: A Booster Shot for Reserves: Overview of the IMF’s $650 Billion Allocation of SDRs by Anjum Rosha and Clara Thiemann.
    Abstract: Volume 12 of the EYIEL focuses on “The Future of Dispute Settlement in International Economic Law”. While new forms of dispute settlement are emerging, others are in deep crisis. The volume starts off with reflections on Dispute Settlement and the World Trade Organisation, most prominently the crisis of the Appellate Body, but also addressing international intellectual property law and the African Continental Free Trade Area. This is followed by a section on Dispute Settlement and Investment Protection/International Investment Law, which includes articles on the summary dismissal of claims, the margin of appreciation doctrine, the use of conciliation to settle sovereign debt disputes, and contract-based arbitration in light of Achmea and Hagia Sophia at ICSID. Further contributions consider the emerging role of commercial courts, the dejudicialization of international economic law, dispute settlement in the UK-EU Withdrawal Agreement, reference mechanisms in dispute resolution clauses, and UNCLOS. .
    DOI: 10.1007/978-3-031-05083-1
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