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  • English  (363)
  • 2020-2024  (353)
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  • International law.
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  • 1
    Online Resource
    Online Resource
    Urban Vice Regulation Compared : How the Progressive Era’s Undercover Tactics Underwrote American Challenges to French Regulation (2024)
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    Details
    ISBN: 9783031528682
    Language: English
    Pages: 1 Online-Ressource(VI, 60 p.)
    Edition: 1st ed. 2024.
    Series Statement: SpringerBriefs in Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Law ; Law
    Abstract: Chapter 1. Introduction -- Chapter 2. Private activists’ undercover tactics and Vice Enforcement in Progressive Era America -- Chapter 3. The Irrelevance of Undercover Tactics to the French Conflict over Whether Prostitution Should be Regulated or Suppressed -- Chapter 4. American activists’ efforts to export their undercover tactics and their abolitionist agenda to the League of Nations -- Chapter 5. Conclusion.
    Abstract: This book uses the early twentieth century surveillance reports of urban vice reformers in New York, Chicago, Lancaster, Pennsylvania, as well as the US vice report for the League of Nations’ Special Body on Trafficking in Women and Children (from 1927) and French police memoirs, treatises, and histories of vice enforcement in late nineteenth century and early twentieth century Paris to highlight the way in which American reliance on undercover tactics drove American vice enforcement policy, leading to a clash with French vice enforcement policy before the League of Nations. Both the failure of that early effort to exert international influence on vice enforcement and the American embrace of undercover tactics would set the stage for the later American efforts to promote a global war on drugs. Before the League of Nations, in particular, the American delegation’s notable lack of success in mobilizing European crackdowns on prostitution created a blueprint for how not to project American influence overseas, once American advocates of narcotics interdiction sought to promote a global war on drugs. Yet private reformers’ reliance on undercover tactics to investigate prostitution modeled the investigative tactics on which American law enforcement would come to depend, and which it would later seek to export, as a primary weapon in the war on drugs.
    DOI: 10.1007/978-3-031-52868-2
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  • 2
    Online Resource
    Online Resource
    Cross-Disciplinary Impacts on Insurance Law : ESG Concerns, Financial and Technological Innovation (2024)
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    Details
    ISBN: 9783031385261
    Language: English
    Pages: 1 Online-Ressource(X, 265 p. 15 illus. in color.)
    Edition: 1st ed. 2024.
    Series Statement: AIDA Europe Research Series on Insurance Law and Regulation 8
    Parallel Title: Erscheint auch als
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    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Environmental Law. ; Finance ; Information technology ; Mass media ; Commercial law.
    Abstract: Part I – Insurance and ESG Impact -- The Insurance Sector’s Contribution to the Sustainable Development Goals: a Story Worth Telling? -- Insurance is Accelerating Economic and Social Change in the United States: a Legal and Sociological Perspective -- The role of insurance in dealing with disasters: the case of agricultural insurance -- Measurement of the Level of Government Intervention in the Compulsory Health Insurance System: Cross-country Comparative Analysis -- Part II – Financial Innovation in Insurance Regulation -- Historical, Definitional, and Implementional Issues of Financial Services Regulation in a Small Jurisdiction -- Public/ Private Risk Financing Innovation: the Case of Government Self- Insurance Risk Pools in the United States -- Comparison of Efficiency Levels of Turkish Insurance Companies with VZA Malmquist Total Factor Efficiency Analysis -- Unpacking the Impact of Capital Structure on Financial Performance in the Insurance Industry: Evidence from Kosovo's Market -- Part III –The Impact of New Technologies and Other Recent Developments in Insurance Law and Regulation -- The Principle of Proportionality in Solvency II -- Automatic Vehicles and Legal/Insurance Risks. A New British “Quasi-Legislative” Point of Observation and Glimpses of Liability in Tort in Italy -- A Study of the Effectiveness of the General Data Protection Regulation for Risk Mitigation in the Insurance Industry: a Maltese Perspective -- The Digitalization of the Insurance Industry and the Growth of Life Insurance in India -- Exploring the Suitability of the Protected Cell Company Structure for Shipping Business: a Call for Further Discussion and Research -- Goods and Services Tax Implications on the Insurance Sector: Assessment of Awareness and Knowledge -- The Effectiveness of Recent Policyholder-friendly Laws at Addressing Complaints in India.
    Abstract: This book explores the insurance sector’s potential role, influence, and impact on society in light of new environmental, social, and governance (ESG) concerns. Furthermore, it looks into how financial and technological innovations help reshape insurance regulation and business models. Unlike their predecessors, 21st century insurers have a growing impact on cross-sector service provision by making available to their clients a wealth of expert knowledge and experience in data analytics. The book delves into insurers’ transition from suppliers of products – consisting of risk coverage or investment opportunities – to providers of various services, and ultimately to solution providers by partnering with their clients so as to prevent failure, optimize their clients’ operations and help them excel in their economic sector. Insurance regulations and policies can be affected by various factors, such as changes in the economy, technological advances, and shifting consumer preferences, to name a few. Additionally, the insurance industry can have a significant bearing on the wider economy, making it important for the industry to operate within a framework of comprehensive regulations. This book includes a diverse set of theoretical, empirical, and policy-oriented chapters on particular aspects of new trends and wider analyses leading to a more systematic understanding of the industry’s socio-economic role. It offers a mixture of chapters from insurance academics and professionals from different countries, cultures, and scientific backgrounds. The methodologies used are diverse, including legal, sociological, historical, economic and financial as well as interdisciplinary analyses. The book has a global scope, including chapters of a more global nature and others addressing particular jurisdictions on different continents, including Europe, Asia and North America.
    DOI: 10.1007/978-3-031-38526-1
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  • 3
    Online Resource
    Online Resource
    Embryonic Stem Cells and the Law : Crafting A Humane System of Regulation (2024)
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    Details
    ISBN: 9783031597503
    Language: English
    Pages: 1 Online-Ressource(XIV, 277 p. 1 illus.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
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    Keywords: Medical laws and legislation. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Medical Ethics. ; Biomedical engineering. ; Medical genetics. ; Human rights.
    Abstract: Introduction -- Delimitation of the Problem -- Claims, Conflicting Claimants, and Their Reasoning -- Past Trends in Decisions and Conditioning Factors -- Predictions -- Appraisal -- Recommendations.
    Abstract: This book deals with the research and use of embryonic stem cells to combat a number of diseases and the legal limitations, arising mostly from bioethical concerns regarding human life. Using the New Haven problem and policy-oriented method of jurisprudence, the author thoroughly explains the scientific and technological parameters and promise of this medical innovation and its alternatives as well as the conflicting claims and past decisions regarding its legal and moral acceptability in international and comparative perspective. International law, EU and regional human rights law, as well as individual countries’ laws across the globe are covered, ending with American law on the federal and state levels. The book concludes with a recommendation of humane regulation, and a draft federal statute as a model form of regulation that would allow the beneficial research and use of this technology.
    DOI: 10.1007/978-3-031-59750-3
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  • 4
    Online Resource
    Online Resource
    Biodiversity Laws, Policies and Science in Europe, the United States and China (2024)
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    Details
    ISBN: 9783031562181
    Language: English
    Pages: 1 Online-Ressource(XXVI, 342 p. 10 illus., 9 illus. in color.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
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    Keywords: Environmental law, International. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Human rights. ; Law ; Comparative government.
    Abstract: Foreword by Vannia Gava -- Foreword: Environmental Protection and Biodiversity - Legislative Policies and the Work of Public Decision Makers at the National and Supranational Levels by Silvia Fregolent -- Foreword: Green Conservatism by Francesco Giubilei -- Tackling the Unprecedented Biodiversity Loss: The International Law Response by Valériane Thool -- The Loss of Biodiversity as a Serious Environmental Threat. The Need for a New Legal Paradigm by Maria Vittoria Ferroni -- Ecosystems: Biodiversity, Climate, Agriculture, Markets. A New Holistic Approach from the European Union by Maura Mattalia -- Natural Capital and Ecosystem Services. Legal Aspects by Chiara Colognese and Nicola Granato -- Sustainable Development and Biodiversity: Hype or Hope? by Pierluigi Montalbano and Carlo Palleschi -- Biodiversity and Environmental Impact from Climate Change: Causes and Consequences by Federica Villa, Marta Cimatti, and Moreno Di Marco -- Ecosystem Services and Livestock Systems in Mountain Areas by Bruno Ronchi and Maurizio Ramanzin -- EU Soil Strategy for 2030: A Focus on Contaminated Sites and the Case of Italy by Giovanni Savarese and Marco Falconi -- Predator Law in the United States by John A. Erwin -- Aquatic Biodiversity Management in the United States by Karrigan Börk -- Stewardship of Tribal Biodiversity in the United States by Serra J. Hoagland and Steven K. Albert -- Wildlife, Science, and Law in the United States by Daniel Rohlf -- Biosafety Regulation in China: Progress and Challenges by Ancui Liu -- Legal Practice of in situ Biodiversity Conservation in China: From the Perspective of Nature Reserves by Duan Weiwei -- The Governance of Traditional Knowledge in China: Past, Current and Future by Li Yiding -- Current Situation and Future of Legislation on Precaution of Alien Species Invasion in China by Wang Luquan -- China Promotes the Practice of Participatory Biodiversity Conservation by Wu Jing. .
    Abstract: This book offers an in-depth analysis of and multidisciplinary insights into the latest trends in biodiversity laws, policies and science in Europe, the United States, and China. The loss of biodiversity and degradation of ecosystems continues at an alarming rate, harming people, the economy, and the climate. As biodiversity cannot be meaningfully addressed by any single field, a multidisciplinary approach is needed to attain a better understanding of its complexity and to identify prevention and protection systems. Each chapter addresses a specific aspect of biodiversity. Taken together, they provide an innovative exploration of the various facets of biodiversity from the perspectives of law, the social sciences and natural sciences. As such, the book offers an essential theoretical and practical guide for academics, experts, policymakers, and students alike. Today we have a unique opportunity to invest in the health of our planet and put people and nature at the center of our political agenda. Through the Global Biodiversity Framework we are all making concrete commitments against ecosystem degradation, in the protection of endangered species, and to initiate transformative actions that integrate biodiversity into all sectors. Hon. Vannia Gava, Deputy Minister for Environment and Energy Security, Italy.
    DOI: 10.1007/978-3-031-56218-1
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  • 5
    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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  • 6
    Online Resource
    Online Resource
    Mistake of Fact in Public International Law (2024)
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    Details
    ISBN: 9783031595080
    Language: English
    Pages: 1 Online-Ressource(X, 128 p. 3 illus.)
    Edition: 1st ed. 2024.
    Series Statement: SpringerBriefs in Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law). ; International criminal law. ; Humanitarian law.
    Abstract: Introduction -- Mistake of Fact in the Establishment of Attribution -- Mistake of Fact in the Establishment of a Breach -- Mistake of Fact in the Preclusion of Wrongfulness -- Conclusions.
    Abstract: This book offers an in-depth analysis of the problem of mistakes of fact in connection with the law of state responsibility – mistakes which have significant implications for global governance and legal certainty that have yet to be fully mapped out in contemporary international law. The book begins by defining the underlying problem: the abundance of cases in which states have unintentionally violated international law and the law of state responsibility’s apparent silence regarding the juridical consequences of such errors. In turn, it addresses three key areas of state responsibility. First, it explores how mistakes of fact can influence the analysis of attribution in international practice. Second, it addresses the implications of mistakes of fact in identifying “breaches” of international law. This includes a range of case studies, such as state responsibility for accidentally shooting down civilian aircraft or for the accidental killing of civilians on the part of state agents. Thirdly, the book delves into how mistakes of fact can preclude responsibility for established breaches of international law, either on their own or within the matrix of existing defenses. This book is primarily intended for researchers focusing on the international law of state responsibility. Its aim is to spark a discussion about how to address important aspects of state practice that existing instruments do not exhaustively codify. As it seeks to provide clarity on existing state practice regarding mistakes of fact, the book will also benefit professionals whose work involves issues of state responsibility in practice. .
    DOI: 10.1007/978-3-031-59508-0
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  • 7
    Online Resource
    Online Resource
    Sports and Human Rights (2024)
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    Details
    ISBN: 9783031564529
    Language: English
    Pages: 1 Online-Ressource(XIII, 345 p. 3 illus.)
    Edition: 1st ed. 2024.
    Series Statement: Interdisciplinary Studies in Human Rights 10
    Parallel Title: Erscheint auch als
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    Keywords: International law. ; Sports ; Human rights.
    Abstract: Introduction -- ‘But you’re ok…’ British South Asians and Regulatory Barriers to Participation in Sport -- Gendered Athletes in Sports: CEDAW’s role in tackling heterosexist and racialized uniforms in sports -- #MeToo, Sport, and Women: Foul, Own Goal, or Touchdown? Online abuse of women in sport as a contemporary issue -- Hormonal eligibility criteria in women’s professional sports under the ECHR: The case of Caster Semenya v. Switzerland -- Filipinos first? Exploring xenophobia and its legal remedies in Philippine amateur basketball -- Respecting the Right to Nationality in International Sport -- Athlete Activism at the Olympics: Challenging the legality of Rule 50 as a restriction on freedom of expression -- The incompatibility of banning political speech in sports with the right to freedom of expression under the European Convention on Human Rights -- Freedom of Expression of Athletes and Players: The Current and Potential Role of the European Court ofHuman Rights as a Watchdog in Sport -- The Court of Arbitration for Sport under Human Rights Scrutiny: The role of the Swiss Federal Tribunal and the European Court of Human Rights -- Conceptualizing the right to sport: Why should trivial participation in sport be regarded as a human right?
    Abstract: Based on a series of themes and case studies, this book aims to illustrate the impact of sports policies and practices on individuals and their identities, and to analyze the potential solutions offered by International human rights law (IHRL) for these infringements. It bridges the gap between IHRL and sports studies, and will be useful to scholars in both fields, especially those unfamiliar with each other’s work. Furthermore, by investigating the context of sport and its governance, this collection offers a series of valuable insights, enabling the development of an interpretation of ‘law in context’ for legal scholars in the field of human rights. As the governance and regulation of sport are seen as illustrations of other forms of normativity, this book also contributes to the conversation about the transnational dimension of law and legal orders. In this respect, it illustrates that normative autonomy in the field of sport, associated with the idea of lex sportiva,tends to be relative regarding IHRL. The sporting environment is not disconnected from major contemporary social issues: it constitutes a public space in which injustices can be denounced, but also the theater in which prejudices are perpetuated against various parties, such as athletes or workers. IHRL commonly addresses attacks on individual dignity and social justice issues by guaranteeing rights to individuals and offering them protection mechanisms. In this context, can IHRL solve the problems encountered in the sporting environment? This is the question that animates this volume. This is an open access book.
    Note: Open Access
    DOI: 10.1007/978-3-031-56452-9
    URL: kostenfrei
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  • 8
    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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  • 9
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    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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  • 10
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    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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  • 11
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    Online Resource
    Ethics of Socioeconomics : Critical Observations on Capitalism through the Lens of a Lawyer (2024)
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    Details
    ISBN: 9783031388378
    Language: English
    Pages: 1 Online-Ressource(XXI, 452 p. 11 illus. in color.)
    Edition: 1st ed. 2024.
    Series Statement: Economic and Financial Law & Policy – Shifting Insights & Values 8
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; Trade regulation. ; Law and economics.
    Abstract: Chapter 1. The principles of capitalism questioned -- Chapter 2. Revisiting some building blocks of contemporary capitalism that center selfishness -- Chapter 3. Unsustainability of the capitalist socio-economic order -- Chapter 4. Revisiting an alternative method of money creation on behalf of states and certain, international, and supranational institutions as a possible way out of capitalism -- Chapter 5. From neoliberal punitive states to states of care -- Chapter 6. Alternative methods of money creation for the benefit of the private sectors -- Chapter 7. Conceptualization and sense of reality of some new, legal models for conducting an enterprise -- Chapter 8. Final Conclusions I: Capitalism as an unjust system of socio-economic order -- Chapter 9. Final Conclusions II: Establishing a new monetary order as a foundation for a new type of societies.
    Abstract: The book analyzes socioeconomic through the lens of a lawyer. In the past decade the world has witnessed some severe financial and economic crises, espe­cially the financial crisis of 2007-2008 and the crisis caused by the COVID-19 pandemic. The author states that the socio-economic order has in the past four to five decades been thoroughly redesigned, generally favouring models that prio­ritize the free market over the public interest or even, more generally, government operation. He works out that during four to five decades, globalized, capitalist societies are facing a multiplicity of fundamental problems, such as: (1) increasing debt that severely burdens both the private and public sectors; (2) persistent poverty and an ever-increasing polarization between rich and poor, in addition to (3) intractable environmental problems that, fifty years after the Club of Rome's report entitled ‘Limits to growth’ (1972), has dragged the world into what in recent years has been referred to as "climate change." The book explains why all this is the direct result of value choices made from the late Middle Ages onwards, when in the Western world the societal models of that time were increasingly abandoned for a societal model that came to rely on the primacy of economic interests. The book not only subjects the ethical choices but also examines various problems it has caused and probes for possible ways out. This is an open access book.
    Note: Open Access
    DOI: 10.1007/978-3-031-38837-8
    URL: kostenfrei
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  • 12
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    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
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Law ; Law ; Cultural property. ; Archaeology.
    Abstract: Introduction to the Volume -- Part I Theorizing Conservation as a Reflective Practice -- Artworks in Art Museums -- Doing Ethics in Practice: SBMK Platform Meetings -- Part II The Identity of the Art Object -- The Enfolding Object of Conservation: Artwork Identity, Authenticity, and Documentation -- When Old Was New: Rethinking Traditional and Contemporary Art and Their Paradigms of Care -- Languages of Conservation: A Comparison between Internet-based Art and Built Heritage -- No Longer Artwork -- Part III Professional Roles and Identities: Conservators, Curators, and Artists -- Visible Issues. Insights into the Professional Identity of the Conservator -- Conceptual Art and Conservation -- Reinstalling Thomas Hirschhorn’s Doppelgarage (2002): Bridging Gaps between Theory, Practice and Emotion in the Preservation of Installation Artworks -- The Increasing Role of Artists’ Estates in the Preservation of Contemporary Art.-Part IV Documentation and Decision-making in Theory and Practice -- Documenting hybrid mixed media art forms: the role of the audience -- Sharing Knowledge in Art Conservation: From Repository Building to Research Publishing -- Collections of (An)archives: Towards a New Perspective on Institutional Collecting of Contemporary Art and the Object of Conservation -- Decision-Making for the Conservation and Presentation of Thermoelectronic Chewing Gum (1970), a Political Environment by Wolf Vostell -- Part V The Role of Research in the Art Museum -- The Living Process of Conserving Performance: Theory and Practice in the Conservation of Performance-based Artworks at Tate -- Integrating Front-of-House with Behind-the-Scenes Practice in Contemporary Art Conservation -- Is Trust Enforceable? The Conservation of Contemporary Artworks from a Socio-legal Perspective -- Making Time.
    Abstract: This open access book investigates whether and how theoretical findings and insights in contemporary art conservation can be translated into the daily work practices of conservators or, vice versa, whether and how the problems and dilemmas encountered in conservation practice can inform broader research questions and projects. For several decades now, the conservation of contemporary art has been a dynamic field of research and reflection. Because of contemporary art’s variable constitution, its care and management calls for a fundamental rethinking of the overall research landscape of museums, heritage institutions, private-sector organizations and universities. At first, this research was primarily pursued by conservation professionals working in or with museums and other heritage organizations, but increasingly academic researchers and universities became involved, for instance through collaborative projects. This book is the result of such collaboration. It sets out to bridge the “gap” between theory and practice by investigating conservation practices as a form of reflection and reflection as a form of practice.
    Note: Open Access
    DOI: 10.1007/978-3-031-42357-4
    URL: kostenfrei
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  • 13
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    Children in Custody Disputes : Matching Legal Proceedings to Problems (2024)
    Cham : Springer Nature Switzerland | Cham : Imprint: Palgrave Macmillan
    Details
    ISBN: 9783031463013
    Language: English
    Pages: 1 Online-Ressource(XIII, 221 p. 1 illus.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als Children in custody disputes
    Keywords: Law and the social sciences. ; Community development. ; Social service. ; Juvenile delinquents. ; Social psychiatry. ; International law. ; Family policy. ; Aufsatzsammlung ; Kind ; Familie ; Elterliche Sorge ; Recht ; Familiengericht
    Abstract: Chapter 1. Introduction: Matching legal proceedings to the problem in custody disputes -- Chapter 2. Children’s health matters in custody conflicts – What do we know? -- Chapter 3. Nordic family mediation: towards a system of differentiated services? -- Chapter 4. Custody disputes from a socio-legal perspective -- Chapter 5. Children’s participation and perspectives in family disputes -- Chapter 6. Mapping paths to family justice: Resolving family disputes involving children in neoliberal times -- Chapter 7. Out-of-court Custody Dispute Resolution in Sweden – A Journey without Destination -- Chapter 8. Children’s health matters in custody conflicts: Best interest of the child and decisions on health matters -- Chapter 9. Challenges when family conflicts meet the law – A proactive approach -- 10. Beyond the Horizon: Matching Legal Proceedings to the Problem in Custody Disputes.
    Abstract: This open access book explores how legal proceedings in and out-of-court can be matched to the complex problems underlying disputes concerning child custody, residence and contact between parents. It focusses in particular on Nordic experiences of in and out-of-court mechanisms as means of resolving custody disputes. The contributors are internationally renowned and experienced researchers from the legal, psychological, and sociological fields who provide empirical as well as legal perspectives. They examine central legal, ethical and knowledge-based dilemmas in custody dispute proceedings. The findings speak to an international audience and suggest ways how to best realize the interests of the child. It transcends disciplinary, institutional, and jurisdictional boundaries in search of new knowledge. Anna Kaldal is a professor of procedural law and head of subject at the Faculty of Law, Stockholm university, Sweden. Her main field of research is evidential law and children in legal proceedings, especially children in custody cases, criminal cases and child protection cases. She is one of the founders of the Stockholm Centre for the Rights of the Child. Agnes Hellner is a senior lecturer in procedural law at the Faculty of Law, Stockholm University, Sweden. Her research focuses on access to justice, comparative procedural law and constitutional law dimensions of procedural law, such as the relationship between the courts and the legislature. Titti Mattsson is a professor of public law at the Faculty of Law, Lund University, Sweden. Her research focuses on legal, ethical and human rights issues within national social welfare systems, including children's rights. Mattsson is heading the Health Law Research Centre at Lund University.
    Note: Open Access
    DOI: 10.1007/978-3-031-46301-3
    URL: kostenfrei
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  • 14
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    Corruption and illegality in Asian investment arbitration (2024)
    Singapore : Springer Nature Singapore
    Details
    ISBN: 9789819993031
    Language: English
    Pages: 1 Online-Ressource (XVIII, 454 Seiten) , Diagramme
    Edition: 1st edition
    Series Statement: Asia in Transition Volume 22
    Series Statement: Asia in transition
    Parallel Title: Erscheint auch als Corruption and illegality in Asian investment arbitration
    Parallel Title: Erscheint auch als
    Keywords: Asia ; Commercial law. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law). ; Economics. ; Finance. ; International law. ; Trade regulation. ; Aufsatzsammlung
    Abstract: Introduction -- 1. Bribery and Other Serious Investor Misconduct in Asian International Arbitration -- Part 1: The Economic Context of Corruption and Investment -- 2.Does Corruption Hinder FDI and Growth in Asia and Beyond? The Grabbing Versus Helping Hand Revisited -- 3. The Effect of Corruption on Foreign Direct Investment at the Regional Level: Positive or Negative Relationship? -- Part 2: General Legal Issues from the Interface of Corruption, Illegality and Investment Arbitration -- 4. Anti-Corruption Laws and Investment Treaty Arbitration: An Asian Perspective -- 5. Multi-Tiered International Anti-Corruption Cooperation in Asia: Treaties Review and Prospects.
    Abstract: This open access book explores Asian approaches towards investment arbitration—a transnational procedure to resolve disputes between a foreign investor and a host state—setting it in the wider political economy and within domestic law contexts. It considers the extent to which significant states in Asia are, or could become, “rule makers” rather than “rule takers” regarding corruption and serious illegality in investor-state arbitration. Corruption and illegality in international investment are widely condemned in any society, but there remains a lack of consensus on the consequences, especially in investment arbitration. A core issue addressed is whether a foreign investor violating a host state’s law should be awarded protection of its investment, as per its contract with the host state and/or the applicable investment or trade agreement between the home state and the host state. Some suggest such protection would be unnecessary as the investor committed a crime in the host state, while others attempt to establish an equilibrium between the investor and the host state. Others claim to protect investment, invoking the sanctity of promises made. The book starts with a deep dive into economic and legal issues in corruption and investment arbitration and then explores the situation and issues in major countries in the region in detail. It is a useful reference point for lawyers, economists, investors, and government officials who are seeking comprehensive and up-to-date information on anti-bribery rules in Asian investment treaties. It is of particular interest to students and researchers in economics, finance, and law, who are undertaking new research relating to the multifaceted impacts of corruption.
    Note: Open Access
    DOI: 10.1007/978-981-99-9303-1
    URL: kostenfrei
    URL: kostenfrei
    URL: kostenfrei
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  • 15
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    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
    URL: kostenfrei
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  • 16
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    Principle of Criminal Imputation for Negligence Crime Involving Artificial Intelligence (2024)
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    Details
    ISBN: 9789819707225
    Language: English
    Pages: 1 Online-Ressource(IX, 115 p. 1 illus.)
    Edition: 1st ed. 2024.
    Series Statement: Artificial Intelligence and the Rule of Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Criminal law. ; Artificial intelligence.
    Abstract: Preface -- Chapter 1 Challenge of Criminal Imputation for Negligence Crime Involving AI to the Traditional Criminal Imputation Theory -- Chapter 2 Theoretical Preconditions of Criminal Imputation for Negligence Crime Involving AI -- Chapter 3 Imputation System for Negligence Crime Involving AI -- Chapter 4. Main Conclusions and Future Prospects.
    Abstract: This book provides an in-depth discussion of the theoretical and practical issues of criminal imputation for negligence crime involving artificial intelligence. Accordingly, this study combines the imputation challenges brought about by AI with traditional criminal imputation theory and analyses imputation for negligence crime involving AI from three aspects: the basic principles, structure, and results of imputation for negligence crime involving AI. The traditional theory of imputation is discussed in detail. The readership is a group of people interested in this topic, including, in particular, interested laymen, undergraduate students and postgraduate researchers. The highlights of this book are it identifies the imputation challenges bought about by AI, reveals the theoretical and practical gap in the criminal imputation of negligent crimes involving AI, and provides an in-depth and creative ideas of criminal imputation for the negligent crimes involving AI.
    DOI: 10.1007/978-981-97-0722-5
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  • 17
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    Sustainability of the Exploration and Use of Outer Space (2024)
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    Details
    ISBN: 9783031519758
    Language: English
    Pages: 1 Online-Ressource(X, 65 p. 25 illus., 24 illus. in color.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law of the sea. ; International law. ; Aeronautics ; Aerospace engineering. ; Astronautics. ; Geotechnical engineering.
    Abstract: 1. Introduction: Yvonne Karimi-Schmidt -- 2. keynotes -- 3. laudation -- 4. Thanks -- 5. Selected relevant literature on the topic -- 6. authors.
    Abstract: This book provides insight into the significance of the law of outer space in promoting order, cooperation, and peaceful activities in space. It emphasizes the advantages of having a legal framework in place to govern space exploration and utilization, rather than relying on power and force. .
    DOI: 10.1007/978-3-031-51975-8
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  • 18
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    Selected Chinese Cases on the UN Sales Convention (CISG) Vol. 3 (2024)
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    Details
    ISBN: 9789819968510
    Language: English
    Pages: 1 Online-Ressource(XV, 357 p. 2 illus.)
    Edition: 1st ed. 2024.
    Series Statement: Selected Chinese Cases on the CISG
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law). ; Trade regulation.
    Abstract: 1. Xiaojun Chen -- 2. Xiaojun Chen -- 3. Peng Guo Shu Zhang Chaolin Zhang -- 4. Peng Guo Shu Zhang Chaolin Zhang -- 5. Peng Guo Shu Zhang Chaolin Zhang -- 6.Peng Guo Shu Zhang Chaolin Zhang -- 7.Peng Guo Shu Zhang Chaolin Zhang -- 8. Wenjing An -- 9. Wenjing An -- 10. Wenjing An -- 11. Wenjing An -- 12. Luo Jie -- 13. Luo Jie -- 14.Luo Jie -- 15. Haicong Zuo -- 16. Haicong Zuo -- 17. Peng Guo Shu Zhang Chaolin Zhang -- 18. Peng Guo Shu Zhang Chaolin Zhang -- 19. Shu Zhang, Geng Wang -- 20. Shu Zhang, Geng Wang -- 21. Shao Long -- 22. Shao Long -- 23. Shao Long -- 24. Siying Wu Dentons -- 25. Siying Wu Dentons -- 26. Shao Long -- 27. Shao Long -- 28. Shao Long -- 29 -- Shao Long -- 30. Junmin Zhang -- 31. Junmin Zhang -- 32. Junmin Zhang -- 33. Shaotang Wang -- 34. Bruno Zeller -- 35. Bruno Zeller -- 36. Caishun Guo -- 37. Caishun Guo -- 38. Caishun Guo -- 39. Caishun Guo -- 40. Xiaojun Chen -- 41. Xiaojun Chen -- 42. Xiaojun Chen -- 43. Xiaojun Chen -- 44. Yueshan Liu -- 45. Yueshan Liu -- 46. Yueshan Liu -- 47. Kaiwei Cui -- 48. Kaiwei Cui -- 49. Jia Li -- 50. Jia Li -- 51. Yueyi Yang -- 52. Yueyi Yang -- 53. Hongzhi Hu -- 54. Hongzhi Hu.
    Abstract: This book focuses on Chinese cases on the CISG decided by Chinese courts of all levels, focusing on 2011 to 2012. During this period, the number of cases grew fast compared to 2006 to 2010. The total number of cases remained relatively low, the reasons of which might be the following: parties were not familiar with the CISG and therefore decided to opt out of it; in addition, the case collection and report systems in China at that time were not as developed as now, rendering many cases inaccessible. This book provides a comprehensive and detailed analysis of selected cases. The analysis of those cases is on a case-by-case basis. For each case, an English summary of the judgment is provided. In the comment, the People’s Courts’ approach to the interpretation and application of the CISG is emphasized. Comments of the individual case are written either by scholars or judges or lawyers from international and comparative perspective to discuss the successes and pitfalls of the interpretation and application of the CISG.
    DOI: 10.1007/978-981-99-6851-0
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  • 19
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    Criminal justice responses to the Boko Haram Crisis in Nigeria (2024)
    The Hague : T.M.C. Asser Press
    Details
    ISBN: 9789462656154
    Language: English
    Pages: 1 Online-Ressource (xiv, 225 Seiten)
    Series Statement: International criminal justice series volume 34
    Series Statement: International criminal justice series
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als Ojo-Adewuyi, Victoria Criminal justice responses to the Boko Haram Crisis in Nigeria
    Keywords: International criminal law. ; International law. ; Human rights.
    Abstract: Chapter 1. Introduction and Overview of the Book -- Chapter 2 The Boko Haram Crisis -- Chapter 3. Domestic Criminal Legal Responses -- Chapter 4. The Boko Haram Crisis and the International Criminal Court -- Chapter 5 -- Beyond Criminal Prosecutions: Alternatives and Adjuncts -- Chapter 6. Concluding Remarks: Towards a Victim-Centred Approach -- Index.
    Abstract: This book concentrates on the crisis perpetrated by the Boko Haram group in Nigeria, which since 2009 has made a definitive impact on both the domestic and international criminal landscape. The volume centres on three core issues: first, an assessment of the criminal legal responses at the domestic level, where the legal characterization of the conducts in question, including an evaluation of the state of specific domestic prosecutions, are assessed. Secondly, the book gauges the potential for international criminal justice while evaluating the Boko Haram situation at the International Criminal Court. This includes an assessment of the jurisdictional aspects, the admissibility, and the interests of justice requirements in addition to the appraisal of conducts amounting to war crimes and crimes against humanity perpetrated. Finally, the book explores possible non-prosecutorial responses in the form of classic and non-classic transitional justice mechanisms that may be utilized as a response to the crisis in Nigeria. Furthermore, it draws instructive lessons from Nigeria’s past misadventure with specific transitional justice mechanisms while exploring the realities of utilizing the restorative justice mechanisms available in Nigeria. The volume concludes by calling for a victim-centred approach in the discourse around the Boko Haram crisis. This book presents a definitive study of the history of the development of Boko Haram and the related domestic and international criminal legal issues. Researchers and anyone seeking to understand the Boko Haram crisis in relation to international criminal law, including those looking for a clear overview of the criminal conduct perpetrated by Boko Haram in Nigeria and a view of Nigeria’s domestic legal regime, will benefit from the information on offer. Victoria Ojo-Adewuyi is a lawyer, called to the Nigeria Bar in 2012. She obtained a Bachelor of Laws degree (LL.B) in 2011 from the Obafemi Awolowo University, Ile-Ife (Nigeria), obtained a Master of Laws Degree (LL.M) from the University of the Western Cape, Cape Town (South Africa) and Humboldt Universität zu Berlin under the South African-German Centre for Transnational Criminal Justice in 2016, and completed her doctorate in International Criminal Law at the Humboldt-Universität zu Berlin (Germany) in 2022.
    DOI: 10.1007/978-94-6265-615-4
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  • 20
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    Yearbook of International Humanitarian Law, Volume 25 (2022) : International Humanitarian Law and Neighbouring Frameworks (2024)
    The Hague : T.M.C. Asser Press | The Hague : Imprint: T.M.C. Asser Press
    Details
    ISBN: 9789462656192
    Language: English
    Pages: 1 Online-Ressource(XII, 320 p. 5 illus., 2 illus. in color.)
    Edition: 1st ed. 2024.
    Series Statement: Yearbook of International Humanitarian Law 25
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; Humanitarian law. ; International criminal law. ; Human rights. ; Politics and war.
    Abstract: Part I. International Humanitarian Law and Neighbouring Frameworks -- Chapters 1. You Say Precautions, I Say Prevention: Towards the Systemic Integration of International Humanitarian Law and International Environmental Law -- Chapter 2. International Humanitarian Law and International Investment Law: Mapping a Developing Relationship -- Chapter 3. Defences to State Responsibility in International Humanitarian Law -- Chapter 4. Thinking with IHL in Contexts of Counterterrorism: The Case of Criminal Justice Systems in the Sahel. Part II. Focus Section: International Humanitarian Law and the Russian Aggression against Ukraine -- Chapter 5. Who is at War? On the Question of Co-Belligerency -- Chapter 6. “Inside” and “Outside”: Assessing the Russian Blockade against Ukraine -- Chapter 7. Heads of State as War Criminals: The Prospects and Challenges of Tracing War Crimes to Senior political Leaders in Russia -- Part III. Year in Review -- Chapter 8. Year in Review 2022 -- Table of Cases -- Index.
    Abstract: Volume 25 of the Yearbook of International Humanitarian Law (IHL) sheds light on the interplay between IHL and other adjacent branches of international law. This Volume moves beyond the traditional preoccupation of examining IHL’s relations with international human rights law, the law on the use of force and international criminal law. Authors were invited to discuss, both in general and specific terms, doctrinally and theoretically, interactions between IHL and other neighbouring frameworks. Accordingly, this Volume is dedicated to exploring the interrelationship between IHL and other adjacent frameworks, such as international environmental law, international investment law, the law on defences to state responsibility, and counter-terrorism law. The Volume contains four articles dedicated to the subject of IHL and neighbouring frameworks. The Volume further features a Focus section on IHL controversies arising from Russia’s aggression against Ukraine, and ends, as usual, with a Year in Review section. The Yearbook of International Humanitarian Law is a leading annual publication devoted to the study of international humanitarian law. The Yearbook has always strived to be at the forefront of the debate of pressing doctrinal questions of IHL, and will continue to do so in the future. As this Volume demonstrates, it offers a space where IHL-related issues can be explored both from a doctrinal and a theoretical perspective. It provides an international forum for high-quality, peer-reviewed academic articles focusing on this crucial branch of international law. Distinguished by contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers, and students.
    DOI: 10.1007/978-94-6265-619-2
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  • 21
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    Are Legal Systems Converging or Diverging? : Lessons from Contemporary Crises (2024)
    Cham : Springer International Publishing | Cham : Imprint: Springer
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    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
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law.
    Abstract: Introduction: Convergence and divergence in times of crisis -- Part I: Conceptual and theoretical perspectives -- Terminology -- The concept of legal convergence -- Resisting legal convergence -- Part II: Thematic and jurisdictional case studies 1: private law -- Bankruptcy law in the United States -- Labour law in the United Kingdom -- Consumer law in Ghana -- Family and child law in Chile -- Contract law in Germany -- Part III: Thematic and jurisdictional case studies 2: public law -- Environmental law in China -- Healthcare law in Denmark -- Immigration law in Russia -- Social rights in Australia -- Part IV: Convergence and divergence in context -- Harmonisation and European integration in times of crisis -- International judicial cooperation in times of crisis -- The influence of binding international instruments on domestic laws in times of crisis -- The role of soft law in times of crisis -- Part V: Concluding comments -- Conclusion: Are legal systems converging or diverging?.
    Abstract: This book focuses on two main aspects: legal convergence and crises. Despite the abundance of literature on legal convergence over the years, the question of whether legal systems are converging or diverging remains unanswered. This book provides a valuable contribution to questions concerning comparative law, legal convergence, and legal transplants by examining them through the lens of crises. Crises challenge countries’ legal systems and prompt institutional responses to tackle perceived shortcomings in the law. The crises witnessed by the world over the last two decades have highlighted two seemingly contradictory tendencies: (i) increased cooperation and a natural phenomenon of legal convergence as states find common solutions to common problems; (ii) a preference for state-centric solutions, which prioritise domestic interests; rejection of supranational standards and harmonisation efforts; and protection of domestic sovereignty. This book aims to determine whether, in times of crisis, foreign laws, rules, and concepts can transcend countries’ domestic legal systems, or whether states’ responses to crises lead to legal divergence and disintegration. Unlike traditional studies on convergence, this edited volume takes an international and cross-thematic approach, with chapters focusing on how legislation in selected jurisdictions has responded to crises. Therefore, the book’s originality lies in its truly global nature, with chapters and authors surveying jurisdictions in Africa, North and South America, Asia, Europe and Oceania. The breadth of legal areas covered, with a mix of private and public law, also add to its uniqueness. From Russia to Germany and from bankruptcy law to environmental law, the book examines whether, as a result of crises, policy and legal responses have adopted, copied, or implemented features, policies, principles and/or rules from other legal systems (convergence), or have departed from existing legal norms, adopting policies and rules that differ from those of other countries (divergence).
    DOI: 10.1007/978-3-031-38180-5
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    A Comparative Study of Representative Systems (2024)
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    Details
    ISBN: 9789811541865
    Language: English
    Pages: 1 Online-Ressource(XVIII, 337 p. 2 illus.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Constitutional law. ; Administrative law.
    Abstract: Basic Theories of Representative System -- History of Representative System -- Representative System and Popular Sovereignty -- Representative System and Electoral System -- Representative System and State Organs -- Representative System and Party System -- Representative System and Interest Groups -- Comparison of Capitalist Parliamentary Systems -- Comparison of Socialist People’s Representative System -- Comparison of Capitalist Parliamentary System and Socialist People’s Representative System.
    Abstract: This book demonstrates the social and historical conditions for the existence and development of the representative system and uncovers the laws dictating its occurrence, development and operation. Due to the barriers of language and cultural communication, the understanding of democracy differs in western and Chinese cultures, which leads to many misinterpretations and even bias. The book displays the merits and drawbacks of different forms of democracy on the basis of a comparative study of the different representative systems and argues that different representative systems can co-exist side by side and that the selection of the appropriate form of democracy must reflect the actual conditions in a given country. Therefore, a blind evaluation or criticism is unreliable. The book could provide good opportunities for western scholars to see how the Chinese scholars understand democracy and the representative system, help the westerners to understand the forms of democracy with Chinese characteristics and rationality of the socialist people’s representative system, grasp the true essence of Chinese Constitution and democracy and give up their bias towards China for a better communication and mutual understanding. This book constructs a theoretical framework for studying the representative system and provides a solid foundation for its further research, promoting the improvement and development of constitutional jurisprudence. Even today, the comparative study of the basic theories, system building, and operation of the representative system are of great theoretical significance and practical value in the Chinese political development and reform. The book is primarily intended for graduates and scholars in the areas of constitutional jurisprudence on China and abroad. It is a must-read for constitutional researchers and those who want to know the essential differences between Chinese and Western constitutional jurisprudence.
    DOI: 10.1007/978-981-15-4186-5
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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
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    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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  • 24
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    Contemporary Export Control Law of China (2024)
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    Details
    ISBN: 9789819998258
    Language: English
    Pages: 1 Online-Ressource(XV, 250 p. 6 illus.)
    Edition: 1st ed. 2024.
    Series Statement: Modern China and International Economic Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Trade regulation. ; Administrative law.
    Abstract: Chapter 1. Introduction -- Chapter 2. Multilateral and Unilateral Sanctions -- Chapter 3. Unilateral Export Controls: Goods and Technologies -- Chapter 4. Multilateral Non-proliferation Export Controls -- Chapter 5. Dual Use Items and Export Control -- Chapter 6. National Security and Extra-territorial Jurisdiction -- Chapter 7. Export Control of Military Items -- Chapter 8. Governmental Investigation and Legal Liabilities of Export-related Industries -- Chapter 9. Impacts on Trade and Investment and Compliance Measures. .
    Abstract: This book gives practical and in-depth presentation and analysis of the issues under China export control law and economic sanctions regime. This book not only addresses issues faced by the legal entities in China, but also attends to the concerns about Chinese extra-territorial jurisdiction of China export control law and sanctions legislations, on the part of foreign companies. Finally, the author shares his experiences on how to structure export control and sanctions compliance under Chinese law on the part of both Chinese and foreign companies. .
    DOI: 10.1007/978-981-99-9825-8
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  • 25
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    Outer Space and Popular Culture : Influences and Interrelations, Part 4 (2024)
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    Details
    ISBN: 9783031514258
    Language: English
    Pages: 1 Online-Ressource(V, 131 p. 24 illus., 21 illus. in color.)
    Edition: 1st ed. 2024.
    Series Statement: Southern Space Studies
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law of the sea. ; International law. ; Aeronautics ; Astronomy. ; Popular Culture.
    Abstract: Space Law in Movies and Series: A Demonstration and Prediction of its Application and Evolution -- Work in Space: The Changing Image of Space Careers in the TV Series Doctor Who -- “Clear skies but with a chance of satellite debris” – The Space Debris Problem as portrayed in the Movie Gravity: Fact or Fiction? -- COINS4Food: As above so below.
    Abstract: Following on from the highly acclaimed Parts 1 to 3, this book provides detailed insights into how space and popular culture intersect across a broad spectrum of examples, including cinema, music, art, arcade games, cartoons, comics, and advertisements. This is a pertinent topic since the use of space themes differs in different cultural contexts, and these themes can be used to explore various aspects of the human condition and provide a context for social commentary on politically sensitive issues. With the use of space imagery evolving over the past sixty years of the space age, this is a topic ripe for in-depth exploration. The book also discusses the contrasting visions of space from the late nineteenth and early twentieth centuries and the reality of today and analyzes space vehicles and habitats in popular depictions of space from an engineering perspective, exploring how many of those ideas have actually been implemented in practice and why or why not (a case of life imitating art and vice versa). As such, it covers a wide array of relevant and timely topics examining intersections between space and popular culture and offering accounts of space and its effect on culture, language, and storytelling from the southern regions of the world.
    DOI: 10.1007/978-3-031-51425-8
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    Chinese Multilateralism in the Asian Infrastructure Investment Bank (AIIB) (2024)
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    Details
    ISBN: 9789819712199
    Language: English
    Pages: 1 Online-Ressource(VIII, 195 p. 6 illus., 1 illus. in color.)
    Edition: 1st ed. 2024.
    Series Statement: Modern China and International Economic Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Commercial law. ; Trade regulation.
    Abstract: Chapter 1. Members’ shareholding: A GDP-based formula -- Chapter 2. Corporate governance: The non-resident Board -- Chapter 3. Operational standards: Environmental and Social Framework 2021 -- Chapter 4. MCDF: A multilateral fund administered by the AIIB -- Chapter 5. The issue of SOEs: Perspectives of AIIB and other institutions.
    Abstract: This book reflects the latest legal development of the Asian Infrastructure Investment Bank (AIIB), and makes direct and positive responses—it uses first-hand, authoritative information and makes insightful and persuasive analyses in addressing those concerns. In particular, this book provides nuanced analysis of the following topics: — capital allocation of the AIIB, in comparison with those of Bretton Woods institutions; — dynamic relationship between the shareholder board and management, a central topic of corporate governance for the AIIB and other MDBs; — AIIB’s environmental and social safeguards, including its frontier ESG portfolio investments, in comparison with the World Bank standards; — highly debatable issues relating to the interaction between AIIB, Belt and Road, and MCDF; — comparative study of state-owned enterprises in the laws of AIIB, WTO, ICSID, etc.. This book targets academics, students, policymakers, and business circles who are interested in AIIB, given the bank’s growing importance in the context of global economic governance reforms. First, the book is a must for those who are keen to gain insight into the AIIB. Ten years have passed since the debut of the idea of AIIB in 2013, and the topic has never retreated from the debate of the international community—a major concern is whether a China-led multilateral development bank (MDB) remains to be politically neutral, or professional, and can live up to high standards.
    DOI: 10.1007/978-981-97-1219-9
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    Yearbook of International Sports Arbitration 2018-2020 (2024)
    The Hague : T.M.C. Asser Press | The Hague : Imprint: T.M.C. Asser Press
    Details
    ISBN: 9789462655119
    Language: English
    Pages: 1 Online-Ressource(X, 389 p. 3 illus., 1 illus. in color.)
    Edition: 1st ed. 2024.
    Series Statement: Yearbook of International Sports Arbitration
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; Sports ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law). ; Private international law. ; Conflict of laws. ; Comparative law. ; Sports ; Social legislation. ; Finance
    Abstract: CAS 2019/A/6367, Paris Saint-Germain and Neymar Da Silva Santos Junior v. Union des Associations Européennes de Football (UEFA), Award of 17 February 2020 (Operative Part of Award of 17 September 2019) -- Landgericht Frankfurt, Az. 2-06 O 457/19, Behrens and Tillmann v. Deutscher Volleyball-Verband e.V. (DVV), 7 October 2020 -- CAS 2018/O/5830, International Surfing Association v. International Canoe Federation, Award of 5 August 2020 -- Swiss Federal Tribunal, 4A_486/2019 (SFT 146 III 358), Trabzonspor Sportif A.S. et al. v. Turkish Football Federation, Fenerbahçe Futbol A.S. and Fédération Internationale de Football Association, 17 August 2020 -- CAS 2018/A/5546, José Paolo Guerrero v. Fédération Internationale de Football Association (FIFA), CAS 2018/A/5571, World Anti-doping Agency (WADA) v. FIFA & José Paolo Guerrero, Award of 30 July 2018 (Operative Part of 14 May 2018) -- CAS 2018/A/5800 Samir Arab v. Union Européenne de Football Association (UEFA), Award of 14 November 2018 -- CAS 2017/O/5025, International Federation of American Football (IFAF), USA Football, Football Canada, Japanese American Football Association (JAFA), Panamanian Federation of American Football and Richard MacLean v. Tommy Wiking, Award of 1 March 2018 -- European Court of Human Rights, Mutu and Pechstein v. Switzerland, Judgment of 2 October 2018 -- CAS 2019/A/6148, World Anti-doping Agency v. Sun Yang and Fédération Internationale de Natation, Award of 28 February 2020 -- The Surrogate Regulatory Role of CAS Panels: Financial Fair Play at the Court of Arbitration for Sport -- CAS 2019/A/6181, Fédération Royale Belge de Gymnastique (FRBG) v. Fédération Internationale de Gymnastique (FIG) and Japan Gymnastics Association (JGA), Award of 24 September 2019 (Operative Part of 25 April 2019) -- CAS 2017/A/5166 and 5405 Palestine Football Association v. Fédération Internationale de Football Association (FIFA), Award of 9 July 2018. Football’s Bad Governance in the Dock: The Court of Arbitration for Sport and FIFA’s Policing of Football Officials -- CAS 2020/A/6807, Blake Leeper v. IAAF, Award of 23 October 2020. Sports Arbitration Cases Before the Swiss Federal Tribunal in 2018–2020—A Digest.
    Abstract: The Yearbook of International Sports Arbitration is the first academic publication aiming to offer comprehensive coverage, on a yearly basis, of the most recent and salient developments regarding international sports arbitration, through a combination of general articles and case notes. The present volume covers decisions rendered by the Court of Arbitration for Sport (CAS), and national courts significant international and domestic between 2018-2020. It is a must-have for sports lawyers, arbitrators, and researchers engaged in this field. From the ECtHR's landmark ruling in the Mutu & Pechstein case, through the Russian doping scandal, to the first Sun Yang award, it features in-depth articles on important issues raised by international sports arbitration, as well as independent commentaries by academics and practitioners on the most significant international and domestic decisions rendered in the period under review. Dr. Antoine Duval is Senior Researcher at the T.M.C. Asser Instituut in The Hague and heads the Asser International Sports Law Centre. Prof. Antonio Rigozzi teaches international arbitration and sports law at the University of Neuchâtel, Switzerland, and is the partner in charge of the sports arbitration practice at Lévy Kaufmann-Kohler, a Geneva-based law firm specializing in international arbitration. .
    DOI: 10.1007/978-94-6265-511-9
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    Ascending to Space : Critical Perspectives from New Zealand and other Nations (2024)
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    Details
    ISBN: 9789819707140
    Language: English
    Pages: 1 Online-Ressource(XVIII, 295 p. 22 illus.)
    Edition: 1st ed. 2024.
    Series Statement: Space Law and Policy
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International relations. ; Law of the sea. ; International law. ; Aeronautics ; Private international law. ; Conflict of laws. ; Comparative law. ; Space. ; Politics and war.
    Abstract: Introduction to the Book -- Opening Address -- Chapter 1: International Space Law: An Overview -- Chapter 2: Emergency Assistance and Rescue Obligations for Commercial and Private Spacefarers in the Context of the History, Present and Future of Human Spaceflight -- Chapter 3: The Artemis Accords: A New Phase in the Development of Outer Space Law -- Chapter 4: Deconfliction of Space Activities: Lunar Safety Zones -- Chapter 5: Military Activities and Operations in Space: An Unfolding Legal Universe -- Chapter 6: The New Zealand Outer Space and High-altitude Activities Act 2017 and the Statutory Review — A Dance Between International and Domestic Law -- Chapter 7: Transformational Trends in India’s Space Programme -- Chapter 8: Knowing Me, Knowing You: A Critique of the UK Space Strategy -- Chapter 9: LISA: Global Space Science and New Zealand’s Contribution -- Chapter 10: Space Weather: A Global Hazard from Space to New Zealand’s Technological Infrastructure -- Chapter 11: Light Pollution and the Future of Space Science and Astronomy -- Chapter 12: New Zealand’s Growing Space Sector: A Technological and Science Perspective.
    Abstract: This book explores multidisciplinary perspectives on critical issues in space from the viewpoints of New Zealand and other nations. It brings together the topics examined at the Otago Foreign Policy School 2022 by both domestic and international experts in the area of space, and includes the opening address on space policy delivered by the Minister of Foreign Affairs. This book takes a multidisciplinary approach to New Zealand’s growing space sector in conjunction with other nations’ perspectives on space. It encompasses space science, military and defence matters, space tourism and astronaut rescue, and international legal and policy frameworks, while taking into account future considerations. Readers such as academics, students, policy advisers, diplomats, government officials and others engaged in the field of space will find value in this book. It will appeal to think tanks and international institutions grappling with the complexities that are presented by the outer space domain.
    DOI: 10.1007/978-981-97-0714-0
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    Law and Economics of Justice : Efficiency, Reciprocity, Meritocracy (2024)
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    Details
    ISBN: 9783031568220
    Language: English
    Pages: 1 Online-Ressource(X, 316 p. 7 illus., 5 illus. in color.)
    Edition: 1st ed. 2024.
    Series Statement: Economic Analysis of Law in European Legal Scholarship 17
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Commercial law. ; European Economic Community. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Law and economics.
    Abstract: While previous volumes have examined specific issues and developments such as the coronavirus crisis or digital transformation from a law and economics perspective, the anniversary edition returns to the methodological and philosophical fundament of the discipline of law and economics. The present book aims to examine these foundations in general and, in particular, efficiency, reciprocity and meritocracy, and their relation to law and justice from an interdisciplinary perspective. Efficiency: Traditionally, the economic analysis of law has been guided by the goal of efficiency. Economists usually define efficiency as Pareto or Kaldor–Hicks efficiency. Any change that makes one member of society better off without anyone else being worse off is a Pareto improvement. A change is a Kaldor–Hicks improvement if the gainers value their gains more than the losers value their losses, with only hypothetical compensation required. Reciprocity: Economists have traditionally based their models on the self-interest hypothesis of homo oeconomicus. In this model, an individual maximises his own utility without being altruistic or jealous. Behavioural economics challenges the self-interest hypothesis. In fact, many people deviate from purely self-interested behaviour. There are also signs that considerations of fairness and mutual benefit are important in bilateral negotiations and in the functioning of markets. Meritocracy: The concept of meritocracy refers to a system, organisation, or society in which people are selected and promoted to positions of success, power, and influence on the basis of their abilities and merits. This means that an individual is able to climb the social ladder through hard work. Moreover, meritocracy directs the most talented people into the most functionally important positions, thereby increasing a society's efficiency. However, the equalising function of meritocracy has been criticised. Rather than reducing inequality, meritocracy is seen as the cause of racial, economic and social inequality.
    DOI: 10.1007/978-3-031-56822-0
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    Non-state Actors Law-making and Domestic Criminal Law (2024)
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    Details
    ISBN: 9783031478703
    Language: English
    Pages: 1 Online-Ressource(VII, 64 p. 8 illus., 1 illus. in color.)
    Edition: 1st ed. 2024.
    Series Statement: SpringerBriefs in Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Criminal law.
    Abstract: Chapter 1. Introduction -- Chapter 2. The making of criminal law as an element of ius puniendi -- Chapter 3. Substantive criminal law in the normative approach -- Chapter 4. Non-state actors as law-makers -- Chapter 5. Regulation issued by the non-state actors. Chapter 6. Conflict of regulation-elements of norms -- Chapter 7. The regulation of non-state actors as elements of the domestic penal norms -- Chapter 8. Conclusions.
    Abstract: This book describes how statements made by non-state actors affect the scope of an individual's criminal responsibility and how they should be taken into account by domestic criminal courts. Sentencing is only possible on the basis and within the limits of the law. In the 21st century, this law increasingly means regulations formulated by various non-state actors: international organisations, human rights tribunals or statutory bodies. The content of these regulations does not only refer to states, but often has a direct impact on the legal situation of individuals. Two worlds collide here. Strict criminal law is influenced by fluid regulations issued by entities that have not been empowered to exercise the right to punish. The book presents an interpretative method to support the court's inference in the cases outlined above, based on the using the concept of two interrelated norms: the norm of the individual and the norm of the court.
    DOI: 10.1007/978-3-031-47870-3
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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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    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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  • 33
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    International Economic Law in Contemporary World (2024)
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    Details
    ISBN: 9789819975419
    Language: English
    Pages: 1 Online-Ressource(XIX, 256 p. 2 illus.)
    Edition: 1st ed. 2024.
    Series Statement: Modern China and International Economic Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Trade regulation. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law).
    Abstract: What is international economic law -- Subjects of international economic law -- Economic sovereignty and the right to regulate -- Values of international economic law: freedom, equity and security -- Competition, cooperation and development in international economic relations -- Trade Treatment in international economic relations -- Protection and restriction of property -- Exceptions to obligations under international trade and economic rules -- Settlement of international economic and trade disputes.
    Abstract: This book focuses on the real themes in various areas of international economic law and explores the key elements behind the written rules. The advantage of this approach is that these themes or elements apply to all types of countries, whether developed or developing, whether market-based or not, and to trade, investment, or other transactions. This book reflects the author's thoughts and views on international economic law and its application based on his experience advising government departments and entities, particularly insights into the U.S.-China trade war from the perspective of a Chinese scholar. This feature makes the book very different from other books published before the U.S.-China trade war or textbooks that simply introduce the relevant subjects and provokes readers to think deeply about the relevant issues.
    DOI: 10.1007/978-981-99-7541-9
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    The Practice of WTO Dispute Settlement : A Perspective with China’s Characteristic (2024)
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    Details
    ISBN: 9789819701858
    Language: English
    Pages: 1 Online-Ressource(XVI, 369 p. 9 illus., 5 illus. in color.)
    Edition: 1st ed. 2024.
    Series Statement: Modern China and International Economic Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Trade regulation. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law).
    Abstract: The WTO Institutional Structure and Dispute Settlement Practice -- China’s Practice in WTO Dispute Settlement -- China’s Special Member Status in WTO Dispute Settlement Practice -- Application of the Protocol on the Accession of China in WTO Dispute Settlement Practice -- Evaluation and Re-Evaluation of the Features of China’s Practice in WTO Dispute Settlement.
    Abstract: This book thoroughly reviews China’s participation in the WTO dispute settlement system with a focus on the interaction between China’s distinctive institutional characters and international legal regime and an aim of not only revealing the Chinese phenomenon but also identifying the Chinese mode and the rationale that lies behind China’s mode change. It further analyzes two fundamental issues China is confronted with. One is the distinctive member status issue of China due to the concurrence of its multiple member status as member state, accessing member state and developing member state. The other is the issue of invoking and applying the special rules of The Protocol on the Accession of China in the WTO dispute settlement. In-depth examination of assorted cases that involve China and representative individual cases thereof, is also provided. Upon the insight into Chinese phenomenon and Chinese issues in the WTO dispute settlement, the book tries to respond to the imminent need of reforming the WTO dispute settlement regime by providing directions that accord with the regular pattern of evolution of international economic law system and pragmatic suggestions that stem from China’s strategic position. This book serves for academics, policymakers, and business practitioners by providing useful insights into the legal, regulatory, and economic issues raised by distinctive character of China in WTO dispute settlement.
    DOI: 10.1007/978-981-97-0185-8
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  • 35
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    On the Alternative Punishment to the Death Penalty in China (2024)
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    Details
    ISBN: 9789819716272
    Language: English
    Pages: 1 Online-Ressource(XXIX, 224 p. 7 illus., 6 illus. in color.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Criminal law. ; Human rights.
    Abstract: Introduction -- General views on criminal punishment in China -- The death penalty and its reforms in China and other countries -- The alternative punishment to the death penalty -- General issues concerning life imprisonment -- The approaches of life imprisonment as an alternative to the death penalty in China -- Conclusion.
    Abstract: This book presents a study of alternative penalties to the death penalty in China, aiming to promote theoretical exploration of death penalty reform in China as well as long-term penal reform. Currently, China is endeavouring to control the use of the death penalty and is gradually moving towards its abolition. The factors influencing the choice of the punishment option to replace the death penalty are complex and varied and include the traditional punishment culture, penalty concepts, the political system, the punishment system, public opinion and human rights, etc. Given the differences between China and developed Western democratic states, when we examine these influencing factors, we cannot ignore the culture of the punishment and the special political and legislation system in China. In this light, this work examined and analysed the factors that influence the choice of punishment option to replace the death penalty in this special political system with its clearly Chinese characteristics. Criminal policy and public opinion are two significant and typical factors involving obvious political considerations in China. The former normally reflects and carries out the will of the Government as expressed to the national management; the latter responds to the majority of citizens’ view on the current legal system and it is, to a great extent, the basis for national leadership’s running of the country. Even though life imprisonment without release (hereinafter, LWOR) has been stipulated by the Ninth Amendment for the crime of corruption, it should not be the preferable option as the alternative sanction to the death penalty because it is a kind of cruel torture and violates the constitutional principle of human rights protection. On the contrary, life imprisonment with possibility of release (hereinafter, LWPR) would be an option, but the termination mechanisms for inmates should be set out in accordance with the principle of proportional justice; aggravated life imprisonment can be chosen to replace the death penalty in China. In addition, there needs to be improvements made to the relevant criminal systems. By examining China's death penalty reform and long-term imprisonment reform, this book not only explains the methodology of the reform theoretically, but also pays attention to the issues of legislation and judicial practice. This book is of interest to scholars and researchers in the fields of criminal justice, penal reform issues, and crime control in China. .
    DOI: 10.1007/978-981-97-1627-2
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    Managing Environmental Risks through Insurance : Legal and Economic Aspects (2024)
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    Details
    ISBN: 9783031476020
    Language: English
    Pages: 1 Online-Ressource(VI, 404 p. 8 illus.)
    Edition: 1st ed. 2024.
    Series Statement: AIDA Europe Research Series on Insurance Law and Regulation 9
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Environmental Law. ; Law ; Contracts. ; Common law. ; Commercial law. ; Environmental law, International.
    Abstract: Law and environment. Prevention, control, responsibility -- Global Governance of the Environment and implications for the Insurance Industry -- Environmental liabilities and Insurance Law in the EU -- Environmental Liabilities and Insurance Law in the United Kingdom -- Managing Environmental Risk through Insurance: China -- Environmental Liabilities and Insurance Law in the United States -- Environmental Civil Liability In The Mercosur Region South America -- Environmental insurance product -- Prevention in environmental insurance -- Loss adjustment in the environmental insurance and the role of the loss adjuster -- Waste insurance -- Underwriting Environmental Risks for Carbon Capture Usage and Storage (CCUS) Coverage: Challenges and Best Practices Forward -- Liability for environmental damage in aviation -- Liability for environmental damage in outer space and its insurance -- Liability for pollution damage to the marine environment.
    Abstract: This book identifies the role of insurance in a comprehensive system for managing environmental risks at the local, regional and global level. National and international legal instruments regulating environmental protection, especially aspects like pollution, are not precisely reflected in insurance concepts intended to cover environmental risks. As such, there is a need to identify environmental risks and to propose a taxonomy of environmental risks for various types of insurance coverage. The authors refer to the issues of liability in environmental protection, the scope of insurance coverage and comment on specific issues the importance of which has been noticed by the legislator or insurance practice. The book examines these issues horizontally and vertically from various standpoints, focusing on insurance as a means of managing environmental risks. In this regard, it mainly concentrates on (1) identifying and analyzing environmental risks and methods for managing them via private and public instruments, and (2) insuring these risks. The book is intended for all those interested in the field of insurance and environmental risk regimes, including lawyers, academics and legal professionals.
    DOI: 10.1007/978-3-031-47602-0
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    International Investment Law at the Juncture : An Asian Perspective (2024)
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    Details
    ISBN: 9789819721832
    Language: English
    Pages: 1 Online-Ressource(VIII, 249 p. 6 illus., 1 illus. in color.)
    Edition: 1st ed. 2024.
    Series Statement: International Law in Asia
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; Commercial law. ; Private international law. ; Conflict of laws. ; Comparative law. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law).
    Abstract: Can China’s Belt and Road Initiative be Reconciled with the EU’s Multilateral Approaches to International Law?-Ernst-Ulrich Petersmann & Giuseppe Martinico -- Pluralism or Cosmopolitanism? Reflections on Petersmann’s International Economic Law Constitutionalism in the Context of China-Tao Li & Zuoli Jiang -- Is Calvo Dead? Wenhua Shan.-Calvo Is Back! Changing Sovereignty and Evolutionary Investment Law in a Leaving and Return of the State Paradigm-Shuo Feng & Wei Shen -- Outward FDI: Determinants and Flows in Emerging Economies: Evidence from China-Mohamad Zreik & Badar Alam Iqbal & Mohd Nayyer Rahman -- BIT by BIT: The Growth of Bilateral Investment Treaties and Their Impact on Foreign Investment in Developing Countries-Jeswald W. Salacuse -- Diversity in the Formulation of Fair and Equitable Treatment in International Investment Agreements-Mujeeb Emami & Rehna Gul -- The 2016 Model Indian Bilateral Investment Treaty: A Critical Deconstruction-Prabhash Ranjan and Pushkar Anand -- The Final 2015 Indian Model BIT: Is This the Change the World Wishes to See?-Grant Hanessian and Kabir Duggal -- Legalizing the ASEAN Way: Adapting and Reimagining the ASEAN Investment Regime-Sungjoon Cho & Jurgen Kurtz -- Comprehensive or BIT or BIT: the ACIA and Indonesia’s BITs-Junianto James Losari -- International Cooperation and Organizational Identities: The Evolution of the ASEAN Investment Regime-Sungjoon Cho & Jurgen Kurtz -- ASEAN Investment Treaties, RCEP, And CPTPP: Regional Strategies, Norms, Institutions, and Politics-Diane A. Desierto -- Addressing the Global Backlash Against Investment Arbitration? A Multilateral Investment Agreement and China-Junqing Chao -- A Multilateral Approach to Investor-State Dispute Settlement Issues in the Asia-Pacific Region-John Riley -- The Elephant In a Dark Room? Russia and the ISDS Reform-Dmitry K. Labin & Alena V. Soloveva -- Two Bites at the Same Apple? ‘Derivative’ ISDS Proceedings in the Revised Korea-US FTA-Jaemin Lee -- China and Investment Treaty Regime: Rule Taker or Rule Maker?-Sheng Zhang -- Investor-State Mediation in a China-EU Bilateral Investment Treaty: Talking About Being in the Right Place at the Right Time-Chunlei Zhao -- Legitimacy Crisis and the ISDS Reform in a Political Economy Context-Shuping Li and Wei Shen.
    Abstract: The book focuses on some of the most pressing issues in international investment law in Asia, such as the role of developing countries, the rebalancing between the investors’ rights protection and the host states’ right to regulate, the ISDS reform, among others. The book investigates these issues by looking into the bilateral investment treaties and investment arbitration cases in the region. The readers will benefit from this book’s rich content and wide coverage. For instance, the readers would learn more about Asian states’ Bilateral Investment Treaty law and practice and their standing on international investment law. The book provides a fresh angle to most readers who may be more exposed to the Western perspective on the topic, providing a more complete picture to add to the readers’ understanding of international investment law and in particular its evolution and future possibilities. .
    DOI: 10.1007/978-981-97-2183-2
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    The Uniform Interpretation of the UN Sales Convention (CISG) (2024)
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    Details
    ISBN: 9789819978441
    Language: English
    Pages: 1 Online-Ressource(XI, 141 p. 1 illus.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Trade regulation. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law).
    Abstract: 1. Introducation -- 2. Cisg and unification of international sales law -- 3.Legal interpretation and uniform interpretation of cisg -- 4.Gap-filling and the uniform interpretation of cisg -- 5. supplemental materials and the uniform interpretation of cisg -- 6.Conclusion.
    Abstract: The unification of international commercial law has been a common course for every country of the world. The U.N. Convention on Contracts for International Sale of Goods (CISG) is a milestone in creating a uniform law in the field of the international sale of goods. The CISG coordinated divergent political, economic, and legal systems combined different contract laws and set up a comprehensive and independent legal framework for the international sale of goods. This book examines the basic requirements and criteria of the CISG’s interpretation and investigates how to achieve the uniform interpretation of the CISG based on interpretation rules in the CISG and through appropriate legal interpretation approaches. As a comprehensive and uniform legal framework for the international sale of goods, the CISG still has gaps to fill. Therefore, a uniform interpretation in gap-filling is equally important for the CISG. This book discusses gap-filling in the CISG, explains why and how to fill its gaps, clarifies gap-filling approaches, their order of application, and eventually concentrates on general principles and the uniform interpretation of the CISG. Another feature of the book is to discuss the supplementary materials that could be used to assist in the uniform interpretation of the CISG. PICC, foreign cases, UNCITRAL Digest, and the CISG Advisory Council opinions will be examined in detail to see whether and how they can fill the gaps in the CISG and promote its uniform interpretation. Only by clarifying the basic requirements and principles relating to the CISG’s uniform interpretation, can courts and arbitral tribunals correct their attitude toward and practices in the interpretation of the CISG. Only by following the autonomous interpretation approach, can the CISG achieve its goal to unify the sale of goods laws and promote the development of international commerce.
    DOI: 10.1007/978-981-99-7844-1
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  • 39
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    Presidential Impeachment in Latin America : A Matter of Law or Politics? (2024)
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    Details
    ISBN: 9783031441882
    Language: English
    Pages: 1 Online-Ressource(XIII, 378 p. 26 illus., 7 illus. in color.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Constitutional law. ; Law ; Law ; Comparative government.
    Abstract: Introduction -- Impeachment in History and Thought -- Impeachment in Latin America -- Legal Aspects of Impeachment in Comparison -- Conclusions.
    Abstract: This book pursues a comparative and interdisciplinary approach to assess presidential impeachments in Latin America. Mixing methodologies from legal studies and political science, it provides a novel and comprehensive assessment of some of the most controversial questions regarding the constitutional function of impeachment and its place in the theory of government. Presidential impeachments have become frequent in Latin America, yet they are still largely misunderstood by legal practitioners and the general public. As such, impeachments frequently provide for heated and polarizing debates. The misunderstandings stem from skewed expectations arising from different theories of government, legal interpretation, and presidential impeachment. The empirical evidence and arguments presented here will help to find common ground on these topics and pacify some latent tensions in society and academia. In addition, the book’s case studies cover cases that have been rarely or incompletely addressed in the literature. Some cover events so recent that they have never been analyzed elsewhere. The book proposes reconsidering certain assumptions made about systems of government, which are based on skewed expectations of impeachments. It also draws on new evidence to re-examine existing impeachment theories and develop new ones. By doing so, it offers valuable insights that may guide lawmakers to redesign their own systems, optimizing them to achieve certain goals. It will also acquaint legal practitioners with the strategies of prosecution, defense, and decision-making in connection with impeachments.
    DOI: 10.1007/978-3-031-44188-2
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  • 40
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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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  • 41
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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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    Space Fostering Latin American Societies : Developing the Latin American Continent Through Space, Part 5 (2024)
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    Details
    ISBN: 9783031404153
    Language: English
    Pages: 1 Online-Ressource(V, 117 p. 57 illus., 44 illus. in color.)
    Edition: 1st ed. 2024.
    Series Statement: Southern Space Studies
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law of the sea. ; International law. ; Aeronautics ; Outer space ; Astronautics. ; Latin America
    Abstract: This peer-reviewed book presents a comprehensive overview of the role space is playing in enabling Latin America to fulfil its developmental aspirations. Following on from the highly acclaimed Parts 1 to 4, it explains how space and its applications can be used to support the development of the full range and diversity of Latin America societies, while being driven by Latin American goals. The Latin American space sector is currently undergoing a phase of rapid and dynamic expansion, with new actors entering the field and with space applications increasingly being used to support the continent’s social, economic, and political development. All across Latin America, attention is shifting to space as a fundamental part of the continental development agenda, and the creation of a Latin American space agency is evidence of this. Additionally, while in recent years, significant advances in economic and social development have lifted many of Latin America’s people out of poverty, there is still much that needs to be done to fulfil the basic needs of the population and to afford them the dignity they deserve. To this end, space is already being employed in diverse fields of human endeavour to serve Latin America’s goals for its future, but there is still a need for further incorporation of space systems and data. This book will appeal to researchers, professionals and students in fields such as space studies, international relations, governance, and social and rural development.
    DOI: 10.1007/978-3-031-40415-3
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    A Study on the Creation, Impact and Legal Issues of Crypto Special Drawing Rights (2024)
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    Details
    ISBN: 9789819999750
    Language: English
    Pages: 1 Online-Ressource(IX, 250 p. 4 illus.)
    Edition: 1st ed. 2024.
    Series Statement: Modern China and International Economic Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Blockchains (Databases). ; Data protection.
    Abstract: 1. The Reform of the IMF and the Origin of Crypto-SDRs -- 2. The realization path of Crypto-SDRs Monetization -- 3. Risks and Regulations in the Early Stage of the Birth of Crypto-SDRs -- 4. Research on Legal Issues in the Mature Period of Crypto-SDRs -- 5. The Impact of Crypto-SDRs and China's Countermeasures -- 6. Conclusion.
    Abstract: This book analyzes the concept, theory, rules, and impact of the reform of the international monetary system and Crypto-SDRs and provides a feasibility analysis of the combination of blockchain technology and SDRs. It explores and summarizes the possibility of solving problems such as the inherent defects of the current international monetary system and creatively suggests that the birth of Crypto-SDR will have a positive impact on countries and industries and fields around the world, especially in anti-money laundering, cross-border asset recovery, international payments, banking, insurance, financial auditing, Fintech regulation, etc.
    DOI: 10.1007/978-981-99-9975-0
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  • 44
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    An Interdisciplinary Journey from Non-Discrimination to Collective Rights : A Critique of Equality (2024)
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    Details
    ISBN: 9783031546181
    Language: English
    Pages: 1 Online-Ressource(XI, 305 p. 1 illus.)
    Edition: 1st ed. 2024
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Human rights. ; Law ; Law ; International law.
    Abstract: Introductory Remarks -- PART I: On Equality -- Equality Paradigms and Non-Discrimination: Theoretical Approximations -- Equality Principles and Institutionalism: Judicial Spill-Overs and Dialogues -- PART II: Redefining Recognition -- Equality Paradigms and Contemporary Politics of Recognition -- Principles of Recognition – or How to Move Forward? -- PART III: Towards Collectivisation -- Exploring Counterbalancing Paradigms: Positive Discrimination and Collectivisation -- Collective Subject-Holdership, Processes and Scales of Collectivisation -- Concluding Thoughts.
    Abstract: This book develops a critique of the equality paradigms and principles to be found in the majority of today’s legal orders. It accompanies the reader taking her/him/x from a critique of non-discrimination and equality to the ‘opposite’ end of the spectrum, that is, to collective rights, collectivization processes and a manifestation of recognition that is based on difference. This interdisciplinary, theoretical journey explores a multiplicity of (legal) orders in terms of how they provide spaces of articulation for ‘difference’. The book draws, emblematically, on the rights of indigenous peoples as well as recognized and unrecognized cultural, ethnic, linguistic and religious minorities. The book thereby builds on legal and political theory, which ultimately proves essential given the dedicated objective of the book, that is, to introduce a variety of recognition principles and what the author terms ‘scales of collectivization’, which facilitate a better understanding of collective rights and further ways to capture, define and ultimately measure these rights.
    DOI: 10.1007/978-3-031-54618-1
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  • 45
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    Learning from Weather Modification Law for the Governance of Regional Solar Radiation Management (2024)
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    Details
    ISBN: 9789819719044
    Language: English
    Pages: 1 Online-Ressource(XIX, 217 p. 3 illus.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Environmental Law. ; Environmental law, International. ; Law of the sea. ; International law. ; Aeronautics
    Abstract: Chapter 1 Introduction -- Chapter 2 The Governance Challenges of Regional SRM and Cloud Seeding -- Chapter 3 Material Resemblances between Cloud Seeding and Regional Solar Radiation Management -- Chapter 4 Adaptive Governance as a Normative and Analytical Framework -- Chapter 5 Domestic Cloud Seeding Law and Governance -- Chapter 6 Multi-Scale Institutional Arrangements -- Chapter 7 Participatory Decision-Making -- Chapter 8 Iterative Learning Processes -- Chapter 9 Conflict Management Mechanisms -- Chapter 10 Conclusion -- Bibliography.
    Abstract: This book investigates the role of cloud seeding laws in governing regional solar radiation management (SRM) activities. It challenges the prevailing belief that cloud seeding laws are irrelevant to regional SRM governance and argues for their applicability. Through case studies in Australia, Canada, and the United States, the book highlights the need for legal frameworks that promote cross-scale interactions, stakeholder participation, flexible decision-making, and conflict resolution. It advocates for adopting adaptive governance principles to effectively manage the risks and uncertainties associated with regional SRM interventions. By filling a gap in the existing literature, this book offers valuable insights and recommendations for the governance of regional SRM, shedding light on the potential of cloud seeding laws to inform and shape SRM governance frameworks. It provides a comprehensive analysis of the legal and normative aspects, offering practical guidance for policymakers, researchers, and stakeholders involved in regional SRM initiatives.
    DOI: 10.1007/978-981-97-1904-4
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  • 46
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    Honest Errors? Combat Decision-Making 75 Years After the Hostage Case (2024)
    The Hague : T.M.C. Asser Press | The Hague : Imprint: T.M.C. Asser Press
    Details
    ISBN: 9789462656116
    Language: English
    Pages: 1 Online-Ressource(XV, 306 p. 12 illus., 2 illus. in color.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; International criminal law. ; Ethics. ; Military history.
    Abstract: Part I. Introduction -- Chapter 1. Honest Errors in Combat Decision-Making: State of Our Knowledge 75 Years after the Hostage Case -- Part II. Devastating Northern Norway and Forcibly Evacuating Its Inhabitants -- Chapter 2. Occupied Norway 1940-1945: A Brief Background to Hostage -- Chapter 3. Rendulic and the Military Necessity Defence in Hostage: Did He Speak the Truth? -- Chapter 4. Devastation and Forcible Evacuation: Actors and Their Motives -- Part III. Trying Rendulic and Developing the No Second-Guessing Rule -- Chapter 5. The Inclusion of Finnmark’s Devastation and Forced Evacuation Charge in Hostage -- Chapter 6. The Adjudication and Findings of Finnmark’s Devastation Charge in Hostage -- Chapter 7. The Genesis and Significance of the Law of War “Rendulic Rule” -- Chapter 8. The Limits of Honest Judgment: The Reasonable Commander Test and Mistake of Fact -- Part IV. Assessing an Error’s Reasonableness -- Chapter 9. The ICT Revolution, 21st Century Warfare, and Honest Errors -- Chapter 10. Empathy at War: The Distinction between Reasonableness and the Reasonable Military Commander Standard -- Chapter 11. Drone Warfare, Civilian Deaths, and the Narrative of Honest Mistakes -- Part V. Conclusion -- Chapter 12. Conclusion: The Hostage Case, Present Day Knowledge, and Future Implications -- Annex. List of Historical Names and Entities. .
    Abstract: This book marks the 75th anniversary of the 1948 Hostage Case in which a US military tribunal in Nuremberg acquitted General Lothar Rendulic of devastating Northern Norway on account of his honest factual error. The volume critically reappraises the law and facts underlying his trial, the no second-guessing rule in customary international humanitarian law (IHL) that is named after the general himself, and the assessment of modern battlefield decisions. Using recently discovered documents, this volume casts major doubts on Rendulic’s claim that he considered the region’s total devastation and the forcible evacuation of all of its inhabitants imperatively demanded by military necessity at the time. This book’s analysis of court records reveals how the tribunal failed to examine relevant facts or explain the Rendulic Rule’s legal origin. This anthology shows that, despite the Hostage Case’s ambiguity and occasional suggestions to the contrary, objective reasonableness forms part of the reasonable commander test under IHL and the mistake of fact defence under international criminal law (ICL) to which the rule has given rise. This collection also identifies modern warfare’s characteristics—human judgment, de-empathetic battlespace, and institutional bias—that may make it problematic to deem some errors both honest and reasonable. The Rendulic Rule embodies an otherwise firmly established admonition against judging contentious battlefield decisions with hindsight. Nevertheless, it was born of a factually ill-suited case and continues to raise significant legal as well as ethical challenges today. The most comprehensive study of the Rendulic Rule ever to appear in English, this multi-disciplinary anthology will appeal to researchers and practitioners of IHL and ICL, as well as military historians and military ethicists and offers ground-breaking new research. Nobuo Hayashi is affiliated to the Centre for International and Operational Law at the Swedish Defence University in Stockholm, Sweden. Carola Lingaas is affiliated to the Faculty of Social Studies at VID Specialized University in Oslo, Norway.
    DOI: 10.1007/978-94-6265-611-6
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  • 47
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    China Arbitration Yearbook (2022) (2024)
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    Details
    ISBN: 9789819971657
    Language: English
    Pages: 1 Online-Ressource(XIX, 341 p. 2 illus.)
    Edition: 1st ed. 2024.
    Series Statement: China Arbitration Yearbook
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law). ; Trade regulation.
    Abstract: Chapter 1 . Arbitration Agreement -- Chapter 2. Parties and Participants -- Chapter 3. Evidence and Substantive Matters. Chapter 4. Public Policy -- Chapter 5. Arbitration and Criminal Proceedings -- Chapter 6. International and Interregional Recognition and Enforcement of Arbitral Awards in China -- Appendix. 1. Main Official Replies by the Supreme People’s Court Concerning Arbitration in China.
    Abstract: This book presents a selection of the latest arbitration cases, materials, and commentaries from China. It aims to provide information on the theory and practice of arbitration combined. It is intended to provide readers with a useful resource to guide them when they encounter actual China-related arbitration cases. This book is a valuable resource for all practitioners concerned with international and foreign-related arbitration matters in China, global law firms, companies engaged in multinational business, jurists, and academics.
    DOI: 10.1007/978-981-99-7165-7
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  • 48
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    Rationality and Legality of Non-market Economy Treatment in Antidumping Law : Novel Perspectives on the Changed Legal Environment (2024)
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    Details
    ISBN: 9789819982929
    Language: English
    Pages: 1 Online-Ressource(XII, 235 p. 3 illus.)
    Edition: 1st ed. 2024.
    Series Statement: Modern China and International Economic Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Trade regulation. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law).
    Abstract: Chapter 1. Introduction -- Chapter 2. Economic Justifications for Antidumping -- Chapter 3. Historical Development of AD Law based on Protectionist Intent -- Chapter 4. Pre-WTO Era Evolution of Non-market Economy Treatment Rules and Practices -- Chapter 5. WTO Era Non-market Economy Treatment Rules and Practices -- Chapter 6. The Changing International Legal Environment Regarding Non-market Economy Treatment -- Chapter 7. Prospects of Non-market Economy Treatment.
    Abstract: This book serves as a comprehensive study of and provides rich insight into non-market economy treatment, including its past, present, and estimated future practices and implications. It explores the introduction of the market and non-market economy dichotomy into international trade law. It traces the origin and development of non-market economy treatment against changing international economic and political background. The book examines this treatment in light of the rationale underlying anti-dumping, reflecting its alleged significance of ensuring fair trade. It in particular investigates the varied non-market economy treatment practices responding concerns of China’s rising as a large state-led economy, analyzing the deviation of NME treatment into an all-in trade tool. The book argues against preconceived bias and unilateral protectionism. It highlights the universal existence of government involvement in the market and proposes objective assessment of its impact on fair trade. Final proposition of the book is depoliticizing trade, reforming comprehensively international trade rules to carefully calibrate different values, including promoting fairness and enhancing global social welfare. It envisages a multi-dimension overhaul of international trade rules to rebalance trade interests, rather than roughly labeling an economy to confer different treatment, the practices of which lead to separation and chaos. The book is of particular relevance and interest to economies-in-transition, and among policy makers, academicians and legal practitioners engaged in trade remedies and trade rules reconstruction.
    DOI: 10.1007/978-981-99-8292-9
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  • 49
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    The Legal Issues of the Emerging Rights (2024)
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    Details
    ISBN: 9789819704996
    Language: English
    Pages: 1 Online-Ressource(VII, 453 p. 3 illus., 2 illus. in color.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Information technology ; Mass media ; Law ; Law
    Abstract: Introduction to the emerging rights -- Generation of emerging rights: taking the right to outdoor advertising as an example -- Administrative right to know -- Right to information -- Genetic rights -- Sexual rights.
    Abstract: This book systematically discusses the contents of the administrative right to know, the right to information, the right to gene, euthanasia and other emerging rights. The purpose of this book is to attract legal scholars to pay attention to these right changes in the process of China's social transformation, analyze the basic laws of right changes under the specific background of China's society and provide a theoretical system model for the establishment of China's legislative right recognition and right relief system. The typical feature of contemporary China is all-round social transformation. In such a transitional period, the construction of democracy, legal system and political system in China is gradually unfolding and developing with its unique mode. In the construction of legal system and the practical operation of legal system, the concept of rights, the thinking of rights and the logic of rights have in fact been running through the social and legal practice in China for decades since the reform and opening up and have always become its background, keynote and background. Its typical realistic symptom is that a large number of rights belong to "new" for "China" the germination and birth of the type. In this context, this book tries to combine the general theory with the specific reality of the right landscape and preliminarily explores and explains the generation mechanism, existence basis, development logic and basic connotation of the "new" types of rights, that is, the main "emerging" or "new" types of rights in the transitional Chinese society. The purpose of this book is to draw the attention of the colleagues in the field of law to the reality of the emergence and development of "emerging" rights in our society. At the same time, taking this as an example, I hope that the colleagues in the field of law can deepen the study of rights, especially from the general and macro-study of rights to the more specific and micro-study of rights.
    DOI: 10.1007/978-981-97-0499-6
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  • 50
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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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  • 51
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    The Wretched of the Global South : Critical Approaches to International Human Rights Law (2024)
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    Details
    ISBN: 9789819992751
    Language: English
    Pages: 1 Online-Ressource(XII, 278 p. 3 illus., 1 illus. in color.)
    Edition: 1st ed. 2024.
    Series Statement: International Law and the Global South, Perspectives from the Rest of the World
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; Human rights. ; Sex. ; Criminology.
    Abstract: Introduction by editors -- The discursive dissociation of human rights and justice: Experiences of Afro-Colombian displaced women from Colombia -- Seeking intersectionality in the Inter-American System jurisprudence on land rights -- The rights of indigenous and quilombola communities in the context of environmental challenges in Brazil -- The Struggles for Corporate Accountability in the UN: A Global South Perspective -- Strategies for Including LGBT as an “Ethnical Group” under the Genocide Article of the Rome Statute -- Prior consultation in Colombia and its postcolonial legacies: an exclusion/inclusion policy -- Impacts of Sinosphere on ensuring equal rights of ethnic minority women in Southeast Asian countries: Barriers, challenges and recent developments -- Human Rights as a calculus of unfreedom -- Manual Scavenging as an Unhygienic Occupation: An Untold Story -- Analysing the Symbiotic Relation Between the Concept of Resistance and Counter-hegemonic Practices of Human Rights -- The Utility of International Law in Solving the Palestinian Question Insights from Complexity Theory -- Using Law to Prevent Further Unequal Access to Food in North Korea -- Vernacularising Human Rights in ASEAN Regionalism -- A Critical Appraisal of The Human Rights Based Approach to NCD Prevention and Control in the Caribbean Region -- International Criminal Court: A Critical Analysis -- Contradictions and opportunities for national liberation in human rights law and practice.
    Abstract: The books aims to discuss and present an alternative epistemology of human rights, against the background of the globalization from below. The interdependent network of transnational networks, ranging from social movements, NGOs, and other groupings, questions the neoliberal paradigm and a particular set of human rights. This book wishes to transform this discourse on human rights and amplify the subaltern voices. The book also aims to highlight alternative practices of freedom that decenter human rights as a liberation discourse. Following Julia Suarez-Krabbe in “Race, Rights and Rebels”, the authors aim to amend to practices of freedom that center different orders of knowledge on subjectivity and agency. The proposed book, first, situates the problem of representation of the marginalized voices in contemporary legal and political discourse. Second, it offers critiques in theory, and, third, followed by alternative practices that emanate from marginalized localities. In particular, this book wishes to reflect upon alternatives rooted in legal and non-legal responses to address human rights grievances. In the end, this book envisages, along the lines of Frantz Fanon, to vision the possibility of the human by a new concept, addressing the concerns in various ways: As Fanon argued for “a new start”, “a new way of thinking”, and for the creation of a “new man”, it is pertinent to trigger a human rights project from the below.
    DOI: 10.1007/978-981-99-9275-1
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  • 52
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    Comparative Perspectives on the Right to Privacy : Pakistani and European Experiences (2024)
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    Details
    ISBN: 9783031455759
    Language: English
    Pages: 1 Online-Ressource(XIV, 291 p.)
    Edition: 1st ed. 2024.
    Series Statement: Ius Gentium: Comparative Perspectives on Law and Justice 109
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
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    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Human rights. ; Civil rights. ; European communities.
    Abstract: Introduction -- The problem and its scale: Privacy invasions of Pakistani media -- The concept of the right to privacy -- Right to privacy and freedom of expression in the Constitution of Pakistan -- Reconciling the freedom of expression with the right to privacy: Protecting private life from media invasions under the ECHR -- Privacy protection in ECHR member states: Germany and the United Kingdom -- Recommendations: A privacy law for Pakistan.
    Abstract: This book focuses on devising a comprehensive protective mechanism for the right to privacy in Pakistan. It argues that the existing legal regime lacks an effective remedy for victims of privacy violations and emphasizes the need for comprehensive legislation to safeguard this crucial right. Pursuing a multidisciplinary approach, the book thoroughly explores the issue of media intrusions into people’s privacy through thematic media content analysis and highlights the significant impacts of these intrusions on victims’ lives. In the process, the book addresses various conceptual aspects, their relevance, and their implications for privacy-related disputes during adjudication. Recognizing that theoretical underpinnings alone may not be sufficient to create a legal regime “from scratch,” it explores the enforcement of the right to privacy under the European Convention on Human Rights (ECHR), as interpreted and enforced by the European Court of Human Rights (ECtHR). The book subsequently goes beyond exploring international law by analyzing the impact of media-and-privacy cases on privacy protection in two major member states: Germany (a civil law jurisdiction) and the United Kingdom (a common law jurisdiction). Drawing upon these conceptual and comparative legal deliberations and findings, the book provides concrete guidelines for a new privacy law in Pakistan.
    DOI: 10.1007/978-3-031-45575-9
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  • 53
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    Administrative Law for the 21st Century : Administrative Law on an Illiberal and Post-Democratic Context (2024)
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    Details
    ISBN: 9783031557958
    Language: English
    Pages: 1 Online-Ressource(VIII, 102 p.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
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    Keywords: Administrative law. ; Law ; Law ; Private international law. ; Conflict of laws. ; International law. ; Comparative law.
    Abstract: 1. The "idea" of administrative law -- 2.The theoretical and legal-institutional context -- 3. The "options" of administrative law -- 4.The "return" of "authoritative" administrative law -- The role of "concerted administrative law" -- 6. State responsibility,- 7. The control of administrative activity. 8. Conclusions.
    Abstract: The book provides a discursive reflection on the current challenges facing administrative law, based on a key idea: the defence of the liberal model of society. The author describes the content of her book as a turning point on the traditional standards of the rule of law and the way it impacts on the administrative state and administrative law. Considering the current use (and abuse) of emergency law by governments – based on economic crisis, environmental crisis, pandemic, and the economic situation caused by the Ukraine war – she devises a different balance or equilibrium on the usual separation of powers. Many reasons contribute to this turning point: i) the weaknesses of an open society easily swayed by social networks; ii) social “tribalism” replaces common good and general interest; iii) social tribalism leads to illiberal society, which causes illiberal democracies; iv) illiberal democracies lead to ungovernability which reinforces the role of the government, the emergency law, and some de facto measures. The author looks at many recent decisions from the ECJ and the ECHR and some constitutional and administrative courts, which extends the interest of this work to a wide range of professionals, from scholars to students, from judges to lawyers, filling the gap from an administrative law perspective of the current issues.
    DOI: 10.1007/978-3-031-55795-8
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  • 54
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    On the Relation between the EU Charter of Fundamental Rights and National Fundamental Rights : A Comparative Analysis in the European Multilevel Court System (2024)
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    Details
    ISBN: 9783031526855
    Language: English
    Pages: 1 Online-Ressource(VIII, 257 p.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Civil rights. ; European communities. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Constitutional law.
    Abstract: 1. Introduction -- 2. The Charter of Fundamental Rights in the case law of the ECJ The significance and decisive advantages of a functional approach -- 3. National Courts and the CJEU: A Common Judicial System -- 4. The Austrian Constitutional Court’s Charter decision: European fundamental rights in addition to (other) constitutionally guaranteed rights -- 5.Avoiding the rain or learning to dance in it: The hesitations of the Spanish Constitutional Court -- 6. On the Realignment of the German Fundamental Rights Review: Implications of the “Right to be Forgotten” Decisions for the Application of the EU CFR as a Relevant Standard -- 7. The EU Charter of Fundamental Rights in constitutional adjudication. The Italian perspective -- 8. The Charter of Fundamental Rights of the European Union at the Portuguese Constitutional Court: The Data Retention Cases -- 9. Application of the EU Charter of Fundamental Rights in the Courts of Lithuania. -- 10. Sweden, F undamental R ights and the EU Charter -- Poking the Bear or Waking the Sleeping Beauty? The Potential of Fundamental Rights Complaint Procedures Before the CJEU.
    Abstract: The sometimes complex and controversial relation between the fundamental rights of the European Union, as enshrined in the EU Charter of Fundamental Rights (CFR), and national fundamental rights in the context of constitutional review is reflected in a series of landmark decisions in the multilateral cooperation of European courts, which have reshaped the fundamental rights architecture in the multilevel system in recent decades. This book aims to contribute to a systematic and comprehensive analysis of the EU and constitutional law issues involved, thus serving as a reference point for scholars and practitioners dealing with this emerging topic in depth. Following this approach, it sheds light on the broader Union legal context of these developments, examines the role of the CFR for Constitutional Courts, the relationship between constitutional and ordinary courts, and assesses the key decisions concerning the application of the CFR as a standard of constitutional review. It also draws some initial conclusions on the development of the European fundamental rights architecture, its prospects and possible implications for the Union’s legal order. The book contains several contributions by European legal experts from academia and the judiciary, who examine the different methods of constitutional application of the CFR from a comparative law perspective. These contributions deal with the following aspects: first, the role of the CFR for the respective Constitutional Court with regard to the application of EU law as well as national law falling within the scope of the CFR; second, the relationship between the respective Constitutional Court and the ordinary courts with regard to the application of the CFR; third, the relevant facts and legal reasoning of the most important Constitutional Court decisions on the application of the CFR as a relevant standard of constitutional review; fourth, the relevant case law of the CJEU on the relationship between Union and national fundamental rights, as well as its broader implications for the multilateral cooperation of European courts. The individual chapters examine, inter alia, the following decisions: Verfassungsgerichtshof (Austria), March 14, 2012, U 466/11 et al.; Corte Constituzionale (Italy), January 23, 2019, Sentenza 20/2019; Bundesverfassungsgericht (Germany), November 6, 2019, 1 BvR 276/17; Tribunal Constitucional (Portugal), June 3, 2022, Acórdão 268/2022; Tribunal Constitucional (Spain), June 29, 2022, Sentencia Decision 89/2022.
    DOI: 10.1007/978-3-031-52685-5
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    The Law Regulating Unmanned Aircraft Systems in the United States, South Africa and Kenya : A Civil Aviation Perspective (2024)
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    Details
    ISBN: 9783031499272
    Language: English
    Pages: 1 Online-Ressource(XXXV, 218 p. 2 illus.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
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    Keywords: Law of the sea. ; International law. ; Aeronautics ; Private international law. ; Conflict of laws. ; Comparative law. ; Information technology ; Mass media
    Abstract: Introduction and Overview of the Book -- Abilities of UAS, Historical Expansion and Integration Challenges into Civil Aviation -- International Air Law Response to Challenges in UAS Regulation -- Legal, Policy and Institutional Framework For Regulation of UAS in the United States Of America (USA) -- Legal, Policy and Institutional Framework For Regulation of UAS in South Africa -- Legal, Policy and Institutional Framework For UAS in Kenya -- Synthesis of Outcomes Regarding Integration of UAS into Civil Aviation in the US, South Africa and Kenya -- Conclusion, Recommendations and Way Forward.
    Abstract: This book evaluates how the legal, institutional and policy frameworks for Unmanned Aircraft Systems (UAS) in the United States, South Africa and Kenya have addressed the current needs and challenges involved in these systems’ operation and integration into regulatory frameworks for civil aviation. It shows how the three states have developed their own constitutional frameworks, legislation, regulations, policies and strategic plans to address the challenges that emanate from integrating UAS into the civil aviation airspace. The book details the three countries’ integration experiences, investigating the extent to which existing international regulatory frameworks address the various concerns, and identifies the common thread that runs through UAS regulation, as well as each country’s unique issues and path to integration. Recognizing that the approach for integration of UAS into civil aviation needs to be gradual and pragmatic, the book recommends scaling up institutional capacity, coordination and funding, and intensifying regional efforts to redefine and support UAS integration.
    DOI: 10.1007/978-3-031-49927-2
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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
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    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Law ; Law
    Abstract: 1 Navigating Law-making and Law Reform in Small Jurisdictions -- Part I Case studies in law-making in small jurisdictions -- 2 A small state, a worldwide jurisdiction: Vatican City State and its legal system -- 3 Small states and constitutional reform: democracy in Malta -- 4 Drafting for effectiveness: Tuvalu's Climate Change Resilience Act 2019 -- Part II International influences and their impact on small jurisdictions -- 5 Mapping the UK's constitutional relationship with Britain's Overseas Territories in the human rights sphere -- 6 The Long Road to a Beneficial Ownership Regime in the Cayman Islands -- 7 Law Reform and Regulated Credit Reporting Systems in Commonwealth Small Island Developing States: a study of Jamaica -- Part III Global perspectives on law-making and law reform in small jurisdictions -- 8 The Challenges and Rewards of Law Drafting in Small States.
    Abstract: This book puts the spotlight on a different and neglected aspect of law drafting and reform: the question of size. Specifically, how does the size of a jurisdiction affect its ability to make and change its laws? Some of the challenges affecting small jurisdictions include: a lack of resources and paucity of policy/drafting capacity; the pressures and pull from sources outside the jurisdiction (e.g. international bodies or NGOs; larger states; treaty commitments); a vulnerability to domestic capture (e.g. criminal elements, big local businesses, strong domestic lobby groups); weak/bad governance (e.g. laws or institutions which themselves do not encourage or promote good governance, reflection and reform); the legacy of colonial legal systems and their interaction with indigenous or customary laws; and struggles to comply with constitutional norms such as accountability and transparency. Despite these difficulties small jurisdictions also have certain advantages when it comes to making and reforming law: they can be flexible and creative; they can legislate very quickly if the political will is there; and there is strong informal/formal accountability in a small jurisdiction. This edited collection explores law reform and law drafting in small jurisdictions through the themes of sovereignty; the impact of colonialism and legal plurality; the challenges of harmonising laws at regional and international levels; and constitutional reform. Of use to researchers and practitioners alike.
    DOI: 10.1007/978-3-031-46943-5
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    Blockchain and the Law : Dogmatics and Dynamics (2024)
    The Hague : T.M.C. Asser Press | The Hague : Imprint: T.M.C. Asser Press
    Details
    ISBN: 9789462655799
    Language: English
    Pages: 1 Online-Ressource(XV, 143 p. 9 illus., 3 illus. in color.)
    Edition: 1st ed. 2024.
    Series Statement: Information Technology and Law Series 37
    Parallel Title: Erscheint auch als
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    Keywords: Information technology ; Mass media ; International law. ; Law ; Finance ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law).
    Abstract: Chapter 1. Introduction -- Chapter 2. Foundations: An Essay on Blockchain and the Law -- Chapter 3. Blockchain and Elections: A Complicated Relationship -- Chapter 4. What are the Limits of Blockchain? Considerations of the Use of Blockchain in Transitional Justice Processes -- Chapter 5. Taxing Crypto-Assets – The Portuguese Perspective -- Chapter 6. Blockchain Execution of Judgements – A Possibility in South Africa? -- Chapter 7. DLT Pilot Regime and DeFi -- Chapter 8. Central Bank Digital Currency – A Focus on Anonymity -- Chapter 9. Smart Contracts and the Law -- Chapter 10. Decentralized Autonomous Organizations and their Role in Digital Society.
    Abstract: This book discusses the dogmatic (that what is settled) and the dynamic (that what is changing) aspects of the relationship between blockchain and the law from a critical perspective. With contributions from legal and financial experts involved in both academy and business from Europe, Africa and North and South America, the book looks at the abstract complexities and practical challenges of regulating blockchain technology and its developments, such as crypto assets and smart contracts, from the perspectives of financial, tax, civil, and international law. Moreover, the book also delves into some exciting and cutting-edge related topics such as blockchain applications for litigation, CBDC and elections. The volume offers insightful considerations that will be helpful for legal practitioners involved in the crypto and Distributed Ledger Technology (DLT) phenomenon. Francisco Pereira Coutinho is Associate Professor at the Nova School of Law in Lisbon, Portugal. Martinho Lucas Pires is Teaching Assistant in the Department of Law of the Universidade Católica Portuguesa in Lisbon, Portugal. Bernardo Correia Barradas is a Lawyer and Senior Legal Advisor in payments in Washington DC, United States.
    DOI: 10.1007/978-94-6265-579-9
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    Assessing Government Transparency in China (2021) (2024)
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    Details
    ISBN: 9789819997343
    Language: English
    Pages: 1 Online-Ressource(VI, 276 p. 15 illus., 14 illus. in color.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
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    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Political science. ; Public law .
    Abstract: 1. Openness of Government Affairs in China:Development in 2020 and Prospects in 2021 Innovation Project Team on the Rule of Law Index of the Law Institute of Chinese Academy of Social Sciences -- 2. Deepening the Openness of Government Affairs and Building a Transparent Government in Hubei Province Government Affairs Management Office of the Government of Hubei Province -- 3. Investigation Report on Litigation Cases Relating to Government Information Disclosure in Guangzhou Area-Based on the Analysis of 1,168 Cases Handled by Guangzhou Railway Court Since 2016Research Group of the Administrative Tribunal of the Intermediate Court of Railway Transport of Guangzhou Municipality,Guangdong Province -- 4. The Characteristic Mechanism for and Innovative Explorations of the Open Government Work in Xicheng District of Beijing Municipality Project Group on Open Government Work,the Government of Xicheng District of Beijing Municipality -- 5. Promoting Implementation,Standardization,and Service through the Openness of Government Affairs in the Field of Taxation Taxation Publicity Center of the State Administration of Taxation -- 6. The Suzhou Practice of Promoting the Openness of Government Affairs and Servicing Enterprises with the “Policy Calculator” Project Group of the General Office of Suzhou Municipal People‘’s Government -- 7. Report on the Index of Transparency of Government Affairs in Pilot Free Trade Zones in China (2020)—From the Perspective of Information Disclosure on Government Websites of Free Trade Zones Innovation Project Team on the Rule of Law Index of the Law Institute of Chinese Academy of Social Sciences -- 8. Current Situation and Prospect of Government Press Release in China Innovation Project Team on the Rule of Law Index of the Law Institute of Chinese Academy of Social Sciences.
    Abstract: The book continues to use quantitative and empirical research methods to summarize and analyze the achievements of government openness in China in 2020. It points out that in 2020, the exploration of standardization and standardization of government affairs openness is accelerating, decision-making openness is making steady progress, and government affairs services, administrative law enforcement, and management results are all making significant progress. However, in the future, it is still necessary to further enhance the awareness of openness, identify the needs of the public, integrate openness into the whole process of government affairs activities, and improve the level of information security. Besides, the book for the first time first carries out a third-party assessment of the government affairs publicity in the national free trade zones and free trade zones, and releases research reports on the publicity of administrative punishment information, government news release, work and production resumption information, and health science popularization information.
    DOI: 10.1007/978-981-99-9734-3
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    Muslim Women between Community and Individual Rights : Legal Pluralism and Marriage in South Africa (2024)
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    Details
    ISBN: 9783031546143
    Language: English
    Pages: 1 Online-Ressource(XI, 152 p.)
    Edition: 1st ed. 2024.
    Series Statement: Gender, Justice and Legal Feminism 4
    Parallel Title: Erscheint auch als
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    Keywords: Human rights. ; Law ; Law ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Religion and law.
    Abstract: Introduction and Background -- Theoretically Contextualising the Project -- Contextualising Legal Pluralism -- South Africa’s History of Colonialism and Apartheid -- Locating Islam in South Africa: History of Mosques and Muslim Organisations -- Compromising Legislation – Upholding the Patriarchy -- Social Context of Women’s Experiences -- The Collusion of the Patriarchs -- Muslim Personal Law and the State: Legal Pluralism and Its Discontents.
    Abstract: This book presents an in-depth exploration of the intricate negotiations of married Muslim women within Cape Town’s Muslim communities, navigating the complexities of legal pluralism governed by Muslim Personal Law (MPL). Spanning historical epochs from colonialism to the democratic era, it argues that MPL’s informal status perpetuates patriarchal norms, especially in the domain of marriage. It critically examines the consequences of the non-recognition of Muslim marriages within the civil legal framework and underscores the ambiguous intersections of MPL with broader legal systems, which leaves women in a precarious legal state overshadowed by religious doctrines. Adopting a gender perspective and an interdisciplinary approach that combines political science, sociology, and the law, the book reveals the historical roots of legal pluralism, while also shedding light on the political strategies that have perpetuated gender-stratified citizenship. Despite all the democratic promises, legal pluralism persists, contributing to gender disparities, and the book critically examines the government’s reluctance to address the marginalisation of Muslim women, especially through the lens of the proposed Muslim Marriages Bill (MMB). This book is essential reading for scholars in the fields of law, sociology, and gender studies, offering critical insights into the intersections of legal systems, religion, and gender dynamics within Muslim communities in Cape Town.
    DOI: 10.1007/978-3-031-54614-3
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    Lawyer Evaluation in Chinese Courtroom : A Social-Semiotic Perspective (2024)
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    Details
    ISBN: 9789819712113
    Language: English
    Pages: 1 Online-Ressource(XVII, 199 p. 8 illus., 1 illus. in color.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
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    Keywords: Applied linguistics. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Law and the social sciences.
    Abstract: Introduction -- Lawyer Evaluation, Lawyer Speech and Legal Culture -- Theorizing Lawyer Evaluation as a rational speech: a socio-semiotic interpretation -- Locating Lawyer Evaluation in Three Constituents in texts -- Understanding Lawyer Evaluation under Contextual Constraints.
    Abstract: This book focuses on the speech style of lawyer talk in contemporary Chinese courtrooms. The topic is intriguing to readers who may wonder how lawyers compete with their opposing counterparts in an adversarial trial system in China. The legal tradition in Confucianism, which advocates harmony in interpersonal relationships, has historically guided the practice of law in China. The book analyses how lawyers manage to compete in this system. Applying the social semiotic view of language in the Hallidayian sense, specifically systemic functional linguistics and its appraisal theory, this study interprets the subjectivity of legal language by lawyers. The speech style in legal argument presentation is described as 'rational'. The exploration of the rational speech style of lawyers is a theoretical and discursive topic. It draws upon Habermasian philosophy of intersubjectivity in legal argumentation and considers the cultural and legal contexts of China as contextual constraints. The key construct of lawyer evaluation is fully captured in this discussion. As a linguistic phenomenon and unit of analysis, discourse can be examined both within local clauses and in larger stretches of talk beyond clauses. Additionally, it serves as an effective means for constructing a rational speech style for lawyers. Most importantly, discourse is a discursive act that negotiates legal arguments in the dynamic speech exchanges of a court trial, which is embedded in a wider social and cultural context. The book showcases instances of lawyer talk in well-documented trials in China and offers a good opportunity for readers to gain a general understanding of courtroom discourse in the Chinese context. It introduces readers with special interests in legal language and the law to the solidarity dimension of legal language and arguments, an alternative to the confrontational or hostile lawyer talk in trials in countries with a common-law system. The analysis presented is refined and the language used is clear, concise, and objective.
    DOI: 10.1007/978-981-97-1211-3
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    Shari'a and the constitution in contemporary legal models : two worlds in dialogue (2024)
    Cham : Palgrave Macmillan
    Details
    ISBN: 9783031378362
    Language: English
    Pages: 1 Online-Ressource (XXIII, 283 p.)
    Series Statement: Global Issues
    Keywords: Political science. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Comparative government. ; Religion and sociology. ; Islam
    Abstract: Chapter One. INTRODUCTION: A SYSTEMATIC APPROACH TO ISLAM AND CONSTITUTIONAL PRACTICE -- Chapter Two. NO SHARĪʿA IN THE LAND OF SHARĪʿA -- Chapter Three. SHARĪʿA IN THE CONSTITUTION AND THE CONSTITUTION OF SHARĪʿA -- Chapter Four. THE SAUDI MODEL AND SHARĪʿA AS CONSTITUTION -- Chapter Five. THE JURIDICAL DIMENSION OF ISLAMIC FUNDAMENTALISM: THE CASE OF ISIS -- Chapter Six. SHARĪʿA AND THE WEST, AND SHARĪʿA IN THE WEST -- Chapter Seven. CONCLUSION: A FEW REMARKS FOR FURTHER REFLECTION.
    Abstract: GLOBAL ISSUES Series Editors: Jim Whitman · Paolo D. Farah This comparative law book aims at formulating a new analytical approach to constitutional comparisons, assuming as a starting point the different legal perspectives implied in the (Sunni) Islamic outlook on the juridical phenomena and the Western concept of law, with particular reference to constitutionalism. The volume adopts a wider and comprehensive viewpoint, comparing the different ways in which the Islamic sharī ʿa and Western legal categories interact, regardless of substantive contents of specific provisions, thus avoiding conceptual biases that can sometime affect present literature on the matter. The book explores the various dynamics subtended to the interactions between sharī ʿa and Western constitutionalism, providing a new classification to the different contemporary models. The philosophical and legal comparisons are analyzed in a dynamic way, based on a wide range of contemporary constitutional systems, virtually encompassing all the States in which Sunni Islam plays a major cultural role, and taking also into consideration non-State actors and non-recognized actors. Federico Lorenzo Ramaioli, PhD, is an Italian diplomat and lawyer,presently serving as Deputy Head of the Mission of the Italian Embassy to Doha, Qatar. He is Senior Research Associate at gLAWcal. In the past, he worked for two years with the Catholic University of Milan in the fields of Philosophy of Law and Legal Methodology. After entering the diplomatic service, he continued his research activity in law, with particular reference to the Muslim world and to the Far East. He is the author of Islamic State as a Legal Order (Routledge, 2022) and has published various articles in peer-reviewed journals, including Journal of Comparative Law, Suffolk Law Review, Rivista della Cooperazione Giuridica Internazionale, and Orientalia Parthenopea.
    DOI: 10.1007/978-3-031-37836-2
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    Weaponising Investments : Volume II (2024)
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    Details
    ISBN: 9783031467714
    Language: English
    Pages: 1 Online-Ressource(XVI, 244 p.)
    Edition: 1st ed. 2024.
    Series Statement: Springer Studies in Law & Geoeconomics 2
    Parallel Title: Erscheint auch als
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    Keywords: International law. ; Trade regulation. ; Commercial law. ; European Economic Community.
    Abstract: The EU Foreign Subsidy Regulation – Why, What and How? by Lena Hornkohl -- Economic Sanctions as an Instrument of Foreign Investment Control by Tamás Szabados -- Balance of Payments-Related Restrictions on the Freedom of Investment by Claus Zimmermann -- Next-level Screening? The Case of Outbound Investment Screening by Jonas Fechter -- Determining the Role of FDI Screening in International Investment Law by Kilian Wagner -- States’ Shareholding as a Tool of Investment Control in Strategically Important Companies: Any Consequences for International Responsibility? by Bartosz Soloch -- Screening Authorities in the EU: Considerations on Governance, Powers, and Accountability by Jacques Bourgeois and Alessandra Moroni -- The Evolving Concept of National Security and Foreign Investment Screening Procedures with Particular Reference to the Italian Regime by Maria Rosaria Mauro -- National Security and Essential Security Interests in CJEU Jurisprudence by Marek Jaśkowski.
    Abstract: This second volume of highly topical two-volume set “The Investment Weapon” continues to present pioneering research for the purpose of developing a common analytical foundation and framework for the emerging interdisciplinary research field of investment control. This second volumes shifts the focus from the policy context to the legal and regulatory aspects of investment controls, specifically from an international, transnational, and comparative law perspective. The topics range from control of subsidized investments to non-national security related investment controls and alternatives to investment screening.
    DOI: 10.1007/978-3-031-46771-4
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    Foreign-Related Commercial Disputes Resolution in China : Principles and Practices (2024)
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    Details
    ISBN: 9789819990818
    Language: English
    Pages: 1 Online-Ressource(XVII, 291 p. 1 illus.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
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    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law). ; Trade regulation.
    Abstract: Chapter 1: Several Legal Issues in Cases Involving Foreign Financial Disputes -- chapter 2: International Judicial Cooperation on Cross-border Bankruptcy -- Chapter 3: Legal Issues of Domestic Application of International Treaties -- Chapter 4: Principles& Practice on Recognition and Enforcement of Foreign Judgments by Chinese Courts -- Chapter 5: Development of E-commerce in China (Bing Cheng) -- Chapter 6: The Future Impact of Conventions on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters in China -- Chapter 7: Application of the Doctrine of Forum non Conveniens in Chinese Courts -- Chapter 8: Jurisdiction by Agreement and the Principle of Actual Connection ( Bing Cheng) -- Chapter 9: Judicial Review of Arbitration Agreement -- Chapter 10: Judicial Review of Arbitration Agreement -- Chapter 11:Decisions on Matters beyond the Scope of Submission to Arbitration and Setting Aside an Arbitral Award -- Chapter 12: Judicial Review of Fraudulent Arbitration -- Chapter 13:Nationality of International Commercial Arbitral Awards -- Chapter 14: Arbitration Practice in China’s Pilot Free Trade Zones (Bing Cheng) -- Chapter 15: Application of Public Policy in Judicial Review of Arbitral Awards.
    Abstract: Combining the author's many years of legal practice experience, this book examines the current hot and difficult issues arising in the legal practice of foreign-related commercial disputes in China. The book focuses on the application of the United Nations Convention on Contracts for the International Sale of Goods (“CISG”) in Chinese courts, judicial review of foreign-related arbitral awards, judicial cooperation in cross-border insolvency, and legal relationships in legal disputes over electronic commerce. The book pays close attention to the latest legislative achievements of the international community and their impact on Chinese judicial practice, thus helping to strengthen exchanges and cooperation among countries along the “Belt and Road” and providing more effective rule of law protection for Chinese enterprises “going global”.
    DOI: 10.1007/978-981-99-9081-8
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    The Role of Law in China’s Economic Development, 1978–2011 : A Study in Law and Political Economy (2024)
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    Details
    ISBN: 9789819999118
    Language: English
    Pages: 1 Online-Ressource(XV, 216 p. 3 illus., 2 illus. in color.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
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    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Law ; Law ; Public law .
    Abstract: Law and Political Economy -- The Economy and the Rule System before the Reform -- The Paternalistic Role of Law, 1978-1991 -- The Facilitative Role of Law, 1992-2001 -- The Integrative Role of Law, 2002-2011.
    Abstract: This book concerns how China's legal institutions promoted its economic growth and demonstrates that the law has played different roles at various stages of China's economic transformation, a signal of legal paradigm shifts in reaction to the changing political and economic pursuits. By decomposing the role of law in the process, the author argues that while the Chinese economy was transforming from a planned economy to a market-oriented one, the law also made its adjustment as a response—the Chinese legal system was evolving from the one consisting of primarily substantive laws to the one filled with high-level formal laws by the end of the last century. The above observation of legal formalization is further consolidated by introducing the particularities of China's legal education in those years—a topic rarely dealt with yet of significance to comprehensively understand the Chinese legal system in practice. Overall, the present book argues against the modernization theory and determinism that would anticipate a similar developmental path globally and shows that the relationship between law and economic development is contingent. Therefrom, this study weighs in the law and development debate and breaks a perception of static law in the economy by rejecting the conventional perception of established legal institutions as a precondition of modernity. Hence, this book could appeal to legal scholars and sociologists interested in reevaluating western theories of free economy and its relationships to the law. In addition, scholars interested in research methodology would find the perspective of paradigm shifts in interpreting China's transformations a helpful analytical framework in research. Moreover, policymakers and legislators concerned about the characteristics of law for economic results would also find the book useful.
    DOI: 10.1007/978-981-99-9911-8
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    Blue Book on AI and Rule of Law in the World (2021) (2024)
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    Details
    ISBN: 9789819990856
    Language: English
    Pages: 1 Online-Ressource(XV, 458 p. 92 illus., 89 illus. in color.)
    Edition: 1st ed. 2024.
    Series Statement: Artificial Intelligence and the Rule of Law
    Parallel Title: Erscheint auch als
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    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Artificial intelligence. ; Information technology ; Mass media
    Abstract: AI Laws and Policies -- Theoretical Research on AI and the Rule of Law -- Application of AI in the Rule of Law -- Analysis of Al-Related Cases -- Report on the Development of AI and the Rule of Law -- Expert Interviews on Development of AI and the Rule of Law -- Interviews with AI Companies on the Rule of Law.
    Abstract: This book focuses on the development of artificial intelligence and rule of law in the world, by collecting and summarizing the information about the development of artificial intelligence and rule of law in China and the world, covering topics like AI strategy, policy, law, theoretical research and practical application, etc. It makes an in-depth analysis so as to provide an objective, fair and accurate report. The purpose is to promote the study of AI and law, promote the construction of AI and rule of law system and create an AI and rule of law environment. In particular, it aims to play an active role in promoting the establishment of legislative norms, legal systems, policy systems and ethical norms that are compatible with the innovative development of AI, promoting the implementation of a new generation of national AI development strategies, ensuring the safe, reliable, controllable, healthy and sustainable development of AI. It is hoped that this book may provide useful reference for researchers of AI and law.
    DOI: 10.1007/978-981-99-9085-6
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    Blue Book on AI and Rule of Law in the World (2022) (2024)
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    Details
    ISBN: 9789819710607
    Language: English
    Pages: 1 Online-Ressource(XIV, 482 p. 156 illus., 153 illus. in color.)
    Edition: 1st ed. 2024.
    Series Statement: Artificial Intelligence and the Rule of Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Artificial intelligence. ; Information technology ; Mass media
    Abstract: Overview of the Development of Artificial Intelligence Rule of Law -- Overview of the Development of Artificial Intelligence Rule of Law -- Overview of the Development of Artificial Intelligence Rule of Law -- Essence of Viewpoints of the “2021 World Artificial Intelligence Conference Rule of Law Forum” -- Artificial Intelligence Law and Policy- Theoretical Research on Artificial Intelligence -- Application of Artificial Intelligence Rule of Law -- Analysis of Artificial Intelligence Judicial Cases -- Special Reports on the Development of Artificial Intelligence Rule of Law -- Interviews with Experts on the Development of AI Rule of Law -- Blue Book on AI and the Rule of Law in the World (2022) Research Questionnaire and Analysis.
    Abstract: This book focuses on the development of artificial intelligence and rule of law in the world, by collecting and summarizing the information about the development of artificial intelligence and rule of law in China and the world, covering topics like AI strategy, policy, law, theoretical research, practical application, etc. It makes an in-depth analysis so as to provide an objective, fair, and accurate report. The purpose is to promote the study of AI and law, promote the construction of AI and rule of law system, and create an AI and rule of law environment. In particular, it aims to play an active role in promoting the establishment of legislative norms, legal systems, policy systems, and ethical norms that are compatible with the innovative development of AI, promoting the implementation of a new generation of national AI development strategies and ensuring the safe, reliable, controllable, healthy, and sustainable development of AI. It is hoped that this book provides a useful reference for researchers of AI and law.
    DOI: 10.1007/978-981-97-1060-7
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    Globalisation in Transition : Human and Economic Perspectives (2023)
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    Details
    ISBN: 9789819924394
    Language: English
    Pages: 1 Online-Ressource(XIX, 199 p. 6 illus., 4 illus. in color.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    DDC: 343.07
    Keywords: International law. ; Trade regulation. ; Corporation law. ; Common law. ; Political planning. ; Economic policy. ; Corporate governance. ; Globalization.
    Abstract: Human and Economic Perspectives of Globalisation: An Introduction -- John Farrar: Leading Expert and Scholar in Company Law and Corporate Governance -- Globalisation in the Immigration Context -- Comparative First Nations Treaty Experiences Across the Tasman -- Transitioning up to Best Practice, or Down to the Bare Minimum? Global Harmonisation of Regulation of Therapeutic Goods -- The Criss-Cross of Ageing and Globalisation -- A Peek Behind the Curtain of Anti-Aging Science -- John Farrar and his /juːˈbɪkwɪti/ in Legal Education -- Calculated Compliance in a Globalised World: The response to Social Licence compulsions by the Australian Live Export Sector -- Towards More Effective and Inclusive Globalisation Strategies in International Tax: The Use of Peer Reviews in Evaluating Tax Treaty Dispute Resolution Mechanisms -- Developing Protocols for Court-to-Court Communication in Transnational Insolvency Proceedings: A Limited Framework for Cooperation -- Central Banks in Crisis Times: Mandates in Crisis? -- Moral Virtue and Corporate Law -- Concluding Thoughts on Globalism and the Contributions of Emeritus Professor John Hynes Farrar.
    Abstract: This book brings together diverse ideas on selected facets of globalisation and transitions in globalisation. The scholars that have contributed to this book examine the phenomenon of globalisation through varied lenses, focusing specifically on the human and economic perspectives. These analyses originate in many areas and different legal systems but are all connected through the work of Professor John Farrar and the associations of the contributors with him. This book does not attempt to provide answers to the many challenges of globalisation. Instead, this book discusses selected, particular aspects of globalisation that derive from and are connected to the authors’ own research. The thematic diversity of this book is a true strength and should draw a broad range of readers. Whilst this book is primarily written from a legal angle, its content overlaps with broader specialised policy areas, with contributions ranging from taxation to ageing, from insolvency to social licences, and from refugees to the treatment of first nations people. In short, there is something for everyone in this book. As a tribute to the life’s work of an outstanding legal scholar, Professor John Farrar, this book explores legal responses to the social and economic impacts of globalisation. After personal acknowledgments from colleagues highlighting the significance of his scholarship, this book is divided into two parts. The first part addresses the social impact of globalisation, focusing on immigration and the impact on First Nations people. Changes in the regulation of medicine and technologies related to ageing are also addressed in this part. In part two, the book addresses the transitioning corporate law landscape and notions of fairness and good faith in the law. The final part contains the conclusions, reflections and synthesis of the editors. .
    DOI: 10.1007/978-981-99-2439-4
    URL: lizenzpflichtig
    URL: https://doi.org/10.1007/978-981-99-2439-4
    URL: Inhaltsverzeichnis
    URL: Ausführliche Beschreibung
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    Juridical perspectives between Islam and the west : a tale of two worlds (2023)
    Cham : Palgrave Macmillan
    Details
    ISBN: 9783031378447
    Language: English
    Pages: 1 Online-Ressource (XXV, 276 p.)
    Series Statement: Global Issues
    Keywords: Political science. ; Law ; Law ; Religion and law. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law.
    Abstract: INTRODUCTION:THE WEST AND ISLAM: JURIDICAL CATEGORIES IN A TRANSITIONAL GLOBAL SCENARIO -- CHAPTER I: SOVEREIGNTY AND UNIVERSALISM AFTER WESTPHALIA -- CHAPTER II: THE LEVIATHAN AND THE CALIPH BETWEEN AUTHORITY AND LAW -- CHAPTER III: LAW, SHARĪʿA AND HUMAN REASON -- CHAPTER IV: SPIRITUAL COMMAND AND TEMPORAL RULE -- CHAPTER V: ENTERING INTO A DIALOG: FROM THEORY TO PRACTICE -- CONCLUSION: NEW JURIDICAL INSTRUMENTS FOR A NEW WORLD.
    Abstract: This comparative philosophy of law book aims at formulating a new analytical approach to the Islamic legal tradition based on ‘juridical categories’, a concept that facilitates comprehension and understanding of juridical phenomena. Building upon legal comparativism and legal pluralism, this project intends to avoid bias caused by universalizing Western categories when analyzing foreign juridical notions, which inevitably results in the miscomprehension of non-Western ideas and institutions. Unlike existing literature, this project will not focus on substantive comparisons between normative contents, but on the ‘juridical perspectives’ that helped to shape the Islamic and Western legal orders. The book focuses on the most relevant juridical questions regarding the Islamic and Western legal perspectives, such as the different visions regarding juridical spatiality, the role of human reason and the relationship between law, man and the divinity. While contributing to legal philosophy, this work intends also to develop and define a new interdisciplinary approach, aiming to provide a starting point for novel analyses in research fields such as legal comparativism, legal pluralism, and constitutional law. Finally, by formulating a new interdisciplinary approach, it will provide a foundational discussion of a continuously evolving subject that will never be exhaustively explored. As such, it aims at broadening scholarly reflections on the relationship between the West and Islam, eventually placing these concepts within a suitably comprehensive and contextualized framework. "Published in cooperation with gLAWcal - Global Law Initiatives for Sustainable Development, Hornchurch, Essex, United Kingdom".
    DOI: 10.1007/978-3-031-37844-7
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    EU Trade Defence Law and Practice : An Introduction (2023)
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    Details
    ISBN: 9783031253300
    Language: English
    Pages: 1 Online-Ressource(VI, 118 p.)
    Edition: 1st ed. 2023.
    Series Statement: SpringerBriefs in Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; Trade regulation.
    Abstract: 1 The Foundations -- 1.1 Introduction -- 1.2 Defining the Notion of “Trade Defence Instruments” -- 1.3 Historical Development -- 1.4 The Economic and Legal Rationale Underlying the Imposition of Trade Defence Measures -- 2 The Current Legal Framework Governing the EU’s Trade Defence Instruments -- 2.1 Primary Law -- 2.2 International Economic Law -- 2.3 Secondary Law -- 3 Enforcement -- 3.1 Competences -- 3.2 Procedural Rights of the Parties to the Proceedings and Rule of Law Requirements -- 4 Judicial Review -- 4.1 Type of Proceedings -- 4.2 Jurisdiction -- 4.3 Standing under Article 263 TFEU -- 5 Perspectives and Current Developments -- 5.1 Reforms and Current Developments at the WTO Level -- 5.2 Reforms and Current Development at the EU Level.
    Abstract: The European Union is one of the most outward-oriented economies in the world, and free trade is one of its founding principles. As such, instruments intended to ensure that international trade is conducted on a level playing field have been part of the EU’s policy toolbox since the beginning of European integration. Adapting to the current changes in international trade, these instruments have since undergone major reforms. This work provides an overview of the EU’s legal framework on the use of its trade defence instruments, in particular measures under the Trade Barriers Regulation, the Basic Anti-Dumping Regulation and the Basic-Anti Subsidy Regulation. The book shares valuable insights into how EU institutions currently apply these instruments and places their application in the broader political context in which international trade takes place, which has been shaped e.g. by developments related to the United Kingdom’s withdrawal from the EU and the ongoing blockade of the WTO Appellate Body.
    DOI: 10.1007/978-3-031-25330-0
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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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    A Chinese Perspective on WTO Reform (2023)
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    Details
    ISBN: 9789811982309
    Language: English
    Pages: 1 Online-Ressource(V, 191 p. 4 illus.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Trade regulation. ; International trade.
    Abstract: Chapter 1: Introduction: an overview of the ‘developing country status’ debate, Xiaowen Tan -- Chapter 2: Legal analysis and countermeasures of the divergence of ‘SDT clauses’, Prof. Lei Zhang and Yiming Li -- Chapter 3: WTO Accession and Subsidization Reform in China, Xiaowen Tan -- Chapter 4: Restructuring of Rules: Improvement and Perfection of the Status of Developing Countries and Graduation Clauses under WTO Reform, Qingyun Jiang -- Chapter 5: Evolution of China's Competition Policy: The Experience of a Developing Transition Economy, Pinguang Ying -- Chapter 6: Modelling the Economic Impact of RCEP on Developing Countries—A Computable General Equilibrium Approach, Yue Jiang -- Chapter 7: Implications for Resolving FRAND-rate Disorder in the Digitized World Trade Arena, Yang Yu. .
    Abstract: This book discusses the most recent developments in the WTO regime. Issues such as E-commerce, security exception clause, China's compliance with the WTO obligations, sustainability development, IP protection in FTZs, trade controls and etc., are at the forefront of WTO studies. These issues strongly influence people's understanding of the current role of WTO and provides possible way to revitalize the function of WTO. Meanwhile, as the world's second largest economy, the world's largest trading nation and the holder of the world's largest foreign exchange reserves, China is apparently a powerful figure in leading these issues. Therefore, this book explores extensively these issues from a Chinese perspective to see what China could do to reboost the world trade.
    DOI: 10.1007/978-981-19-8230-9
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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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    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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    China's legal system : an interpretation of its structure, principles and institutions (2023)
    Singapore : Springer | [Peking] : China Renmin University Press
    Details
    ISBN: 9789811989940
    Language: English
    Pages: 1 Online-Ressource (xv, 296 Seiten)
    Series Statement: Understanding China
    Parallel Title: Erscheint auch als China's legal system
    Keywords: Law—Philosophy. ; Law—History. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Law. ; Law ; Law ; China ; Rechtssystem
    Abstract: This book provides a systematic and detailed introduction to the formation process and current development of China's socialist legal system. The classification of the constitution and constitution-related laws, criminal law, civil and commercial law, administrative law, economic law, litigation and non-litigation procedural law, social law, and the specifics of each sector of law are explained, which is a good guide for understanding the framework of China's legal system and the study of each sector of jurisprudence.
    DOI: 10.1007/978-981-19-8994-0
    URL: Volltext  (lizenzpflichtig)
    URL: Volltext  (lizenzpflichtig)
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    Technical Barriers to Trade in “New Generation” RTAs and in the WTO Agreements : Conflict or Complementarity? (2023)
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    Details
    ISBN: 9783031257919
    Language: English
    Pages: 1 Online-Ressource(VII, 192 p.)
    Edition: 1st ed. 2023.
    Series Statement: EYIEL Monographs - Studies in European and International Economic Law 29
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; Trade regulation. ; Commercial law.
    Abstract: -- Introduction -- “Deep” trade agenda and multilateralism -- Regionalism and multilateralism: the WTO perspective -- Development of TBT rules in EU and US RTAs -- Conclusion -- Bibliography.
    Abstract: This book examines the interplay between cooperation on technical barriers to trade (TBT) in free trade agreements and the multilateral framework of the World Trade Organization. In recent years, TBT, especially differences in standards, have attracted increased interest and have been addressed as part of the WTO+ negotiated agenda in trade agreements. Because of a number of political and legal constraints, the process of further cooperation at the WTO have been stalled, which made free trade agreements a central pillar in setting the agenda of international trade governance. This leads us to rethinking the interrelation between the WTO and free trade agreements and to questioning the role of both fora in the future of trade. The book examines some TBT provisions in free trade agreements and highlights their positive and problematic aspects when it comes to the WTO-consistency and the ideas of open and inclusive trade. It also suggests that a more optimal way forward would be to increase parallel work on TBT cooperation at the WTO, a more inclusive forum that could address issues of global significance, such as environmental protection and regulation of digital goods. The book explores the potential for trade agreements to advance the WTO agenda, but notes that the organization would need to adapt its institutional structure and governance in order to do so. Drawing on the example of the EU and US so-called “new generation” trade agreements, the book provides a detailed analysis of the various methods used to navigate TBT cooperation, and offers insight into how these agreements can serve as inspiration for future multilateral disciplines. This book is a valuable resource for trade law academics, policymakers, and anyone interested in the intersection of technical barriers to trade, regional trade agreements, and the WTO.
    DOI: 10.1007/978-3-031-25791-9
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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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    Selected Chinese Cases on the UN Sales Convention (CISG) Vol. 2 (2023)
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    Details
    ISBN: 9789811989032
    Language: English
    Pages: 1 Online-Ressource(XV, 319 p. 2 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Selected Chinese Cases on the CISG
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Trade regulation. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law).
    Abstract: Chapter 1. Mengsha Yang Tianjin University -- Chapter 2. Mengsha Yang Tianjin University -- Chapter 3. Mengsha Yang Tianjin University -- Chapter 4. Xiaoying Fan Tianjin University of Finance and Economics -- Chapter 5. Xiaoying Fan Tianjin University of Finance and Economics -- Chapter 6. Xiaoying Fan Tianjin University of Finance and Economics -- Chapter 7. Xiaoying Fan Tianjin University of Finance and Economics -- Chapter 8. Wenjing An North China Electric Power University -- Chapter 9. Wenjing An North China Electric Power University -- Chapter 10. Wenjing An North China Electric Power University -- Chapter 11. Wenjing An North China Electric Power University -- Chapter 12. Luo Jie Zhongnan University of Economics and Law -- Chapter 13. Luo Jie Zhongnan University of Economics and Law -- Chapter 14. Luo Jie Zhongnan University of Economics and Law -- Chapter 15. Haicong Zuo, UIBC -- Chapter 16. Haicong Zuo, UIBC -- Chapter 17. Peng Guo, Geng Wang RMIT/UIBC -- Chapter 18. Peng Guo, Geng Wang RMIT/UIBC -- Chapter 19. Shu Zhang, Geng Wang Deakin/UIBC -- Chapter 20. Shu Zhang, Geng Wang Deakin/UIBC -- Chapter 21. Zaiyu Guo, Peng Guo Supreme People’s Court / RMIT -- Chapter 22. Zaiyu Guo, Peng Guo Supreme People’s Court / RMIT -- Chapter 23. Siying Wu Dentons -- Chapter 24. Siying Wu Dentons -- Chapter 25. Siying Wu Dentons -- Chapter 26. Chaolin Zhang Nankai University -- Chapter 27. Chaolin Zhang Nankai University -- Chapter 28. Chaolin Zhang Nankai University -- Chapter 29. Chaolin Zhang Nankai University -- Chapter 30. Li Sun Civil Aviation University of China -- Chapter 31. Li Sun Civil Aviation University of China -- Chapter 32. Li Sun Civil Aviation University of China -- Chapter 33. Shaotang Wang, Nankai University -- Chapter 34 -- Shaotang Wang, Nankai University -- Chapter 35. Shaotang Wang, Nankai University -- Chapter 36. Xiaochuan Weng, UNSW -- Chapter 37. Xiaochuan Weng, UNSW -- Chapter 38. Xiaochuan Weng, UNSW -- Chapter 39. Xiaochuan Weng, UNSW -- Chapter 40. Xiaojun Chen, Wincon Law Firm -- Chapter 41. Xiaojun Chen, Wincon Law Firm -- Chapter 42. Xiaojun Chen, Wincon Law Firm -- Chapter 43. Xiaojun Chen, Wincon Law Firm -- Chapter 44. Peng Wang, Nankai University -- Chapter 45. Peng Wang, Nankai University -- Chapter 46. Peng Wang, Nankai University.
    Abstract: This book focuses on Chinese cases on the CISG decided by Chinese courts of all levels, mainly from 2006 to 2010. During this period, the number of cases grew gradually. The total number of cases still remained low, the reasons of which might be the following: parties were not familiar with the CISG and therefore decided to opt out of it; in addition, the case collection and report systems in China at that time were not as developed as now, rendering many cases inaccessible. This book provides a comprehensive and detailed analysis of selected cases. The analysis of those cases will be on a case by case basis. For each case, an English summary of the judgments will be provided. In the summary, the People’s Court’s approach to the interpretation and application of the CISG will be emphasised. Following the summary are comments of the individual case written either by an academic or a current or former judge from international and comparative perspective to discuss the successes and pitfalls of the interpretation and application of the CISG. This book deals with the cases from 2006 to 2010 in China. These cases reflect how People’s Court of all levels started to deal with various issues arising from the CISG and will help understand whether and how the People’s Courts change their approaches to the interpretation and application of the CISG in future.
    DOI: 10.1007/978-981-19-8903-2
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    Contemporary international criminal law issues : contributions in pursuit of accountability for Africa and the world (2023)
    The Hague, the Netherlands : Asser Press | Berlin : Springer
    Details
    ISBN: 9789462655553
    Language: English
    Pages: 1 Online-Ressource (xiii, 452 Seiten)
    Parallel Title: Erscheint auch als Contemporary international criminal law issues
    Keywords: International criminal law. ; Humanitarian law. ; Human rights. ; International law.
    Abstract: This book critically analyses diverse international criminal law (ICL) issues in light of recent developments in the international criminal justice system following the pursuit of accountability in Africa and around the world. It gives a scholarly analysis of issues pertaining to ICL and the pursuit of accountability in Africa by way of several topics including universal jurisdiction in Africa, Boko Haram in Nigeria, the legitimacy of the ICTR, the law of genocide committed against the Herero and Nama peoples, the African perspective on international co-operation in criminal matters, the Malabo Protocol, and whether an African Regional Court is a viable alternative to the ICC. Further discussed are other aspects of ICL, such as prosecuting sexual and gender-based crimes at the ICC, sexual and gender-based crimes perpetrated against men, guilty pleas within ICL and slavery within international criminal justice. With this, the book also refers to the jurisprudence of several international courts and tribunals including the ICTR, the ICTY, the SCSL, the ICC, the ECCC, the KSC, and the STL. This timely contributed volume updates international criminal law experts, practitioners, academics, human rights activists and other stakeholders on contemporary developments in ICL and provides recommendations that address accountability for mass atrocity crimes and ideas for strategic ICL litigation at the national, international, regional and sub-regional levels. It will prompt constructive exchanges on what can be improved in prosecuting mass atrocity crimes around the world. Takeh B.K. Sendze is an Advocate and Legal Officer with the United Nations International Residual Mechanism for Criminal Tribunals in Arusha, Tanzania. Adesola Adeboyejo is a Trial Lawyer at the International Criminal Court. Sir Howard Morrison QC is a former International Judge and an Associate Tenant at Doughty Street Chambers in London, United Kingdom. Sophia Ugwu is a Solicitor and Advocate who founded the Centre for African Justice, Peace and Human Rights in The Hague, The Netherlands.
    DOI: 10.1007/978-94-6265-555-3
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  • 79
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    Threats to Peace and International Security: Asia versus West : Current Challenges in a New Geopolitical Situation (2023)
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    Details
    ISBN: 9783031283369
    Language: English
    Pages: 1 Online-Ressource(XII, 243 p. 32 illus., 30 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Advanced Sciences and Technologies for Security Applications
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Security, International. ; Peace. ; International relations. ; International law.
    Abstract: PREFACE -- ACKNOWLEDGMENTS AND INTRODUCTION -- Part 1 - European perspective -- Chapter 1. Sovereignty and Defence in the future of the European Union -- Chapter 2. The hegemonic rivalry between the PRC and US: EU’s place -- Chapter 3. The Russia–Ukraine conflict from an international law perspective -- Chapter 4. The Russian commitment to Eurasianism: A crazy idea for European Security and Defence? -- Chapter 5. Eurasia vs. West: history, causes, and issues related to de Ukrainian war -- Chapter 6. Security of the Eastern Borders of the EU in the context of the Functions of the European Border and Coast Guard Agency. Selected elements -- Part 2 - Far East Challenges -- Chapter 7. Chinese expansionism without borders. Threat to international security -- Chapter 8. Chinese influence in the southern cone: Bolivia, Chile and Argentina -- Chapter 9. The role of the Philippines in the South China Sea -- Chapter 10. Artificial Islands in the South China Sea. Territorial Disputes in the Area. United Nations Conference of the Law of the Sea proposals -- Chapter 11. The arbitral decision regarding historic rights and the lawfulness of certain actions of China in the South China Sea under Annex VII to the United Nations Convention on the Law of the Sea -- Part 3 - Global Risks -- Chapter 12. The risk of misuse of nuclear technology in the context of geopolitical conflict between the west and the east -- Chapter 13. Returned foreign terrorist fighters: different responses to a common security threat to Asia and the West? -- Chapter 14. Cyber intelligence over Cyber security in the Asia-West conflict -- Chapter 15. Jihad in Europe: Towards a predictive model for the neutralization of terrorist threats -- Chapter 16. Developments oblige the new Iranian Government to give a higher priority to its neighbouring countries -- Chapter 17. Analysis of Crisis management systems in the contexts of the Global Economic Crisis and Military-Political Changes -- EPILOGUE.
    Abstract: This book aims to analyze from a multidisciplinary perspective the current geopolitical conflict between East and West, between two differentiated and apparently conflicting cosmogonic visions. The geopolitical evolution of the current panorama seems to lead to a new world in the field of international relations, a new board played on a planetary level. Once again, bloc geopolitics can be glimpsed in the immediate future, in which the most important actors such as Russia, China, the United States of America, and the European Union are called to position themselves with respect to the territorial and strategic ambitions of the opponent. International law seems to be overwhelmed by military actions and factual pressure on the ground, while the battle of ideas extends to the technological field and cyberspace. The different origins of the authors, with extensive academic, military, police forces, and business experience undoubtedly enriches the unique perspective that this work intends to address, always in the attempt to enforce international law and the channels of dialogue between nations, such as the best solution to conflicts.
    DOI: 10.1007/978-3-031-28336-9
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  • 80
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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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    China’s Road to Human Rights Development (2023)
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    Details
    ISBN: 9789819917747
    Language: English
    Pages: 1 Online-Ressource (126 pages)
    Edition: 1st ed. 2023.
    Series Statement: China Insights
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law—Philosophy. ; Law—History. ; Human rights. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Law ; Law
    Abstract: Chapter 1. The Chinese Dream Is Also A Dream of Pursuing Human Rights -- Chapter 2. Economic, Social and Cultural Rights -- Chapter 3. Civil and Political Rights -- Chapter 4. Rights of Ethnic Minorities -- Chapter 5. Rights of Women -- Chapter 6. Rights of the Child -- Chapter 7. Rights of the Elderly -- Chapter 8. Rights of Persons with Disabilities -- Chapter 9. China and Global Human Rights Governance.
    Abstract: This book describes the development of human rights in the People's Republic of China since 1949. In particular, since the reform and opening-up, China has deepened its understanding of the rule of law and human rights, and realized the incorporation of human rights into the Constitution. The cause of human rights in China has entered a period of rapid development in a planned and step-by-step manner, and a path of human rights development suited to China's national conditions has been set out. China's international exchanges and cooperation in the field of human rights have gradually deepened and strengthened, and China has made unique contributions, becoming a participant, builder and contributor to international human rights governance.
    DOI: 10.1007/978-981-99-1774-7
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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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    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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    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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    Making aggression a crime under domestic law : on the legislative implementation of Article 8bis of the ICC Statute (2023)
    The Hague : Asser Press
    Details
    ISBN: 9789462655911
    Language: English
    Pages: 1 Online-Ressource (xvii, 511 Seiten)
    Series Statement: International criminal justice series volume 32
    Series Statement: International criminal justice series
    Parallel Title: Erscheint auch als Hartig, Annegret Making aggression a crime under domestic law
    Dissertation note: Dissertation University of Hamburg 2022
    RVK:
    PH 2770
    RVK:
    PR 2210
    Keywords: International criminal law. ; International law. ; Human rights. ; Humanitarian law. ; Hochschulschrift ; Rome Statute of the International Criminal Court 1998 Juli 17 ; Humanitäres Völkerrecht ; Internationales Strafrecht ; Angriff
    Abstract: This book offers a comprehensive analysis of the legal questions that arise for the legislative branch when implementing the crime of aggression into domestic law. Despite being the “supreme international crime” that gave birth to international criminal law in Nuremberg, its ICC Statute definition has been incorporated into domestic law by fewer than 20 States. The crime of aggression was also omitted in the rich debate held among German scholars in the early 2000s regarding the legislative implementation of other ICC Statute crimes. The current inability of the International Criminal Court to respond to the Russian aggression towards Ukraine invites the continuation of these academic debates without neglecting the particularities of the crime of aggression. The fundamental issues discussed in this volume include the obligation to criminalize aggression, the core wrong of the crime, the normative gaps under domestic law and the jurisdictional gaps under the ICC Statute. To facilitate the operationalization of domestic implementation, the book explores the technical options for incorporating the definition into domestic law, the geographical ambit of domestic jurisdiction—most notably universal jurisdiction—as well as legal challenges such as immunities. The book is aimed primarily at researchers and States with an interest in the domestic implementation of international criminal law but those already working in the field should also find much of interest contained within it. Dr. Annegret Hartig is Program Director of the Global Institute for the Prevention of Aggression and worked as a researcher at the University of Hamburg where she obtained her doctoral degree in international criminal law.
    DOI: 10.1007/978-94-6265-591-1
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    The Doraleh disputes : infrastructure politics in the Global South (2023)
    Singapore : Springer Nature Singapore | Singapore : Imprint: Palgrave Macmillan
    Details
    ISBN: 9789811974397
    Language: English
    Pages: 1 Online-Ressource (xvii, 252 Seiten)
    Edition: 1st ed. 2023
    Series Statement: Global political transitions
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International relations. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law). ; Economic development. ; International law. ; Süd-Süd-Beziehungen ; Wirtschaftsbeziehungen ; Rivalität ; Internationale Politik ; Konflikt ; Hafen ; Infrastruktur ; Infrastrukturpolitik ; Geopolitik ; Strategie ; Einflussgröße ; Dschibuti ; China ; Vereinigte Arabische Emirate
    Abstract: “Barton uses the Doraleh disputes to provide a timely and compelling study of power and third wave South-South Cooperation (SSC). In the process he offers a novel analysis of the Belt and Road Initiative (BRI) – not an easy task – as well as nuanced descriptions of the push and pull factors that influenced policy-makers in Djibouti, the United Arab Emirates (UAE), and China.” --Jonathan Fulton, Assistant Professor, Zayed University, UAE “A most thorough and methodical study of a fascinating case: the Doraleh Disputes. It discusses two expressions of SSC: China’s New Silk Roads strategy and the UAE’s strategy. It then examines the trialogue between Djibouti, DP World and China Merchants – one state and two multinationals – which leads to the question of State-Owned Enterprises (SOEs) as proxies for power. Thus, the issue of developing countries’ agency is also at stake. Thrilling and challenging!” --Thierry Pairault, Emeritus Professor, EHESS, France This book focuses on underexploited data drawn from various legal disputes over the Doraleh Container Terminal in order to paint a portrait of SSC when it comes to infrastructure financing and construction in Africa as provided both by the UAE and China. By producing a detailed account of the drivers behind these disputes as well as the broader political outcomes they have generated, this study provides invaluable conceptual and empirical lessons on the contemporary meaning of SSC. In doing so, it helps readers garner a more acute understanding of the role played by Global South states and the private sector (SOEs) against the backdrop of SSC. Benjamin Barton is the author of Political Trust and the Politics of Security Engagement: China and the European Union in Africa (2017) and co-editor of China and the European Union in Africa: Partners or Competitors? (2011). His research interests centre around economic statecraft and local agency attached to the BRI. Barton is Associate Professor at the University of Nottingham Malaysia, where he convenes modules on Chinese foreign policy and on the geopolitics of the Indo-Pacific.
    Note: Introduction : SSC, the BRI and the power struggle over the Doraleh ecosystems , Unpacking, delineating and recalibrating “third wave” SSC , The multilevel politics of Djibouti’s maritime infrastructure , The DCT : the fractious origins of a geopolitically-sensitive port ecosystem , The maritime silk road effect in Djibouti , Reconciling “third wave” SSC with Emirati and Chinese infrastructure endeavours in Djibouti
    DOI: 10.1007/978-981-19-7439-7
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    The WIPO Internet Treaties at 25 : A Retrospective (2023)
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    Details
    ISBN: 9789811983900
    Language: English
    Pages: 1 Online-Ressource(XXII, 325 p. 1 illus.)
    Edition: 1st ed. 2023.
    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. ; Internet—Social aspects. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law). ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Mass media ; Internet ; Information technology
    Abstract: Chapter 1. Overview -- Chapter 2. The Making of the Internet Treaties -- Chapter 3. Making of DMCA (U.S. Implementation Legislation) -- Chapter 4. New Technologies Unleash Creative Destruction -- Chapter 5. The Making of EUCD and Its Transposition into National Laws of Member States -- Chapter 6. The Making of Canadian Implementation Legislation -- Chapter 7. Making of the Indian Implementation Legislation -- Chapter 8. The Romance of the Public Domain -- Chapter 9. Social Production and Distribution of Content -- Chapter 10. User Generated Content and Users’ Rights -- Chapter 11. New Intermediaries and Their Regulation -- Chapter 12. WIPO’s Policy Environment and Performance (1997-2021).
    Abstract: The book explores the WIPO journey so far and looks at how relevant the treaties are in contemporary world after 25 years of their existence. It revisits the WIPO Diplomatic Conference, narrates briefly how the Internet Treaties came into being, describes all the developments germane to the Internet Treaties over the last twenty-five years and examines at length how well these treaties withstood the creative gales of destruction having a bearing on the production, distribution and consumption of digital content. The retrospective consists of two parts. The first part looks back at the conference, its course of events, its negotiation dynamics, the doctrinal differences and sharply conflicting economic interests underlying the stands taken by the main parties to negotiations and the national and transnational interest groups that sought to influence the negotiation process and outcomes. The second part reflects on the outcomes and assesses with the wisdom of hindsight, how appropriate the outcomes were and how well they withstood the passage of time. This second aspect is the main focus of this book. The retrospective is limited to the digital agenda of DipCon; but for the digital agenda, the DipCon is convened so soon and the Internet Treaties concluded so fast. The book provides rich material for researchers studying the WIPO journey and also the practitioners by throwing light on discussions that led to a treaty that has in general withstood the trials of time. .
    DOI: 10.1007/978-981-19-8390-0
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    Netherlands Yearbook of International Law 2021 : A Greener International Law—International Legal Responses to the Global Environmental Crisis (2023)
    The Hague : T.M.C. Asser Press | The Hague : Imprint: T.M.C. Asser Press
    Details
    ISBN: 9789462655874
    Language: English
    Pages: 1 Online-Ressource(X, 347 p. 3 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Netherlands Yearbook of International Law 52
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; Environmental law, International. ; International criminal law.
    Abstract: Part I. The Greening Phenomenon in International Law -- Chapter 1. A Greener International Law: International Legal Responses to the Global Environmental Crisis -- Chapter 2. Remedies for Climate Change–A Decisive Push Towards Paris? -- Chapter 3. The Rights of Nature as a Legal Response to the Global Environmental Crisis? A Critical Review of International Law’s ‘Greening’ Agenda -- Chapter 4. Greening the Law of Environmental Protection in Armed Conflicts -- Chapter 5. From Anthropos to Oikos in International Criminal Law: Acritical-theoretical Exploration of Ecocide as an ‘Ecocentric’ Amendment to the Rome Statute -- Chapter 6. Greening International Investment Agreements -- Chapter 7. Climate Justice and The Greening of Investment Arbitration -- Chapter 8. The International Regulation and Coordination of Sustainable Finance -- Chapter 9. A Coalition of the Committed’: The Central Bank Supervisors Network for Greening the Financial System (NGFS) from a Perspective of Global Administrative Law -- Part II. Dutch Practice in International Law -- Chapter 10. Ziada vs Gantz and Eschel: A Civilian Claimant between Ship and Shore in The Netherlands -- Chapter 11. Reimagining the Energy Corporation: Milieudefensie and Others v Royal Dutch Shell Plc -- Chapter 12. Syrian War Crimes Trials in The Netherlands: Claiming Universal Jurisdiction over Terrorist Offences and the War Crime of Outrages upon Personal Dignity of the Dead -- Table of Cases -- Index.
    Abstract: This book engages with international legal responses to the global environmental crisis. Humanity faces a triple planetary crisis, consisting of the interlinked problems of climate change, depletion of biological diversity and pollution.The chapters in this volume of the Netherlands Yearbook of International Law address important questions of how and to what extent these environmental concerns have been integrated into international law, who or what drives these developments, and what all of this tells us about international law’s ability to tackle the challenges that a deteriorating environment brings for the future of life on Earth. The strength of the volume is that it brings together a wide range of perspectives on the ‘greening’ phenomenon in international law. It includes perspectives from international environmental law, human rights law, investment law, financial law, humanitarian law and criminal law. Moreover, it raises important questions regarding the validity of the predominant approach in international law to (the protection of) nature. By providing such a wide range of perspectives on international legal responses (or lack thereof) to the environmental crisis, the volume seeks to engage scholars and practitioners from a variety of disciplines. It invites readers to compare the state-of-the-art across disciplines and to reflect on ways to strengthen international law’s responses to the environmental crisis. Furthermore, as has become standard for the Netherlands Yearbook of International Law, the second part consists of a section on Dutch practice in international law. The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles in a varying thematic area of public international law. Chapter 3 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
    DOI: 10.1007/978-94-6265-587-4
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  • 89
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    A Chronicle of China’s Notary History (1902–1979) (2023)
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    Details
    ISBN: 9789819916856
    Language: English
    Pages: 1 Online-Ressource(XXXV, 516 p. 30 illus., 18 illus. in color.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Law ; Asia
    Abstract: Chapter 1 1902 -- Chapter 2 1903 -- Chapter 3 1904 -- Chapter 4 1907 -- Chapter 5 1910 -- Chapter 6 1911.
    Abstract: This book seeks to trace the notarial history of China from 1902 to 1979. While working on this trailblazing effort, the author taps into a rich variety of artifacts, especially the notarial documents, archived records, manuals and journals from private collection or originally issued by China’s judicial authorities during different periods. No similar book has been published so far. Many of these items are taken from old publications and notarial documents that the author purchased from grass-root vendors. The book complements the text with illustrations, and the descriptions of the same articles are consistent throughout narrative. Even more remarkable is that many rare notarial historical materials in Chinese and foreign languages are available for the first time. This book is a must-read for researchers and students need in their understanding of China’s judicial system or China’s history. It gives a complete introduction to the development and evolution of China’s notarial system, which has great reference value for those who study this subject.
    DOI: 10.1007/978-981-99-1685-6
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  • 90
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    Data protection without data protectionism : the right to protection of personal data and data transfers in EU law and international trade law (2023)
    Cham : Springer
    Details
    ISBN: 9783031198939
    Language: English
    Pages: 1 Online-Ressource (XVI, 429 Seiten)
    Series Statement: European yearbook of international economic law Volume 28
    Series Statement: EYIEL monographs - studies in European and international economic law
    Parallel Title: Erscheint auch als
    Dissertation note: Dissertation University of Zurich 2021
    Keywords: Information technology—Law and legislation. ; Mass media—Law and legislation. ; Commercial law. ; European Economic Community. ; International law. ; Trade regulation. ; Civil rights. ; European communities. ; Information technology ; Mass media ; Hochschulschrift
    Abstract: 1. Introduction -- Part One - European Data Protection Law -- 2 The Global Right to Data Protection -- 3. The Restrictive Effect of the Legal Mechanisms for Data Transfers in the European Union -- Part Two - International Trade Law -- 4. Restrictions on Data Transfers and the WTO -- 5. Restrictions on Data Transfers and Trade -- Part Three -- 6. Concluding Remarks: Data Protection without Data Protectionism.
    DOI: 10.1007/978-3-031-19893-9
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  • 91
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    Modernising European Legal Education (MELE) : innovative strategies to address urgent cross-cutting challenges (2023)
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    Details
    ISBN: 9783031408014
    Language: English
    Pages: 1 Online-Ressource (VIII, 303 Seite)
    Series Statement: European Union and its Neighbours in a Globalized World Volume 10
    Series Statement: European Union and its neighbours in a globalized world
    Parallel Title: Erscheint auch als Modernising European Legal Education (MELE)
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Teaching.
    Abstract: This open access book presents innovative strategies to address cross-cutting topics and foster transversal competences. The modernization of European legal education presents a compelling challenge that calls for enhanced interdisciplinary collaboration among academic disciplines and innovative teaching methods. The volume introduces venues towards education innovation and engages with complex and emerging topics such as datafication, climate change, gender, and the aftermath of the COVID-19 pandemic. The insights presented not only emphasize the importance of preserving traditional approaches to legal disciplines and passing them on to future generations, but also underscore the need to critically reassess and revolutionize existing structures. As our societies become more diverse and our understanding of legitimacy, justice, and values undergoes transformations, it is imperative to reconsider the role of traditional values while exploring promising alternative approaches.
    Note: Open Access
    DOI: 10.1007/978-3-031-40801-4
    URL: kostenfrei
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  • 92
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    East Asians in the League of Nations : Actors, Empires and Regions in Early Global Politics (2023)
    Singapore : Springer Nature Singapore | Singapore : Imprint: Palgrave Macmillan
    Details
    ISBN: 9789811970672
    Language: English
    Pages: 1 Online-Ressource(XIX, 346 p. 5 illus., 1 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: New Directions in East Asian History
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Asia—History. ; World history. ; International law. ; Imperialism. ; International organization. ; Asia
    Abstract: Chapter 1: Introduction (Christopher R. Hughes and Hatsue Shinohara) -- Part 1: The League and Empires -- Chapter 2: “Liberal internationalism” reconsidered: Liberal inter-imperialism and the League of Nations in Asia and the Pacific (Tomoko Akami) -- Chapter 3: The League of Nations’ Functional Works in the Years of Growing Nationalism (Harumi Goto-Shibata) -- Part 2: Globalism and Inter-Civilizationism -- Chapter 4: The activity and legacy of the Far East Bureau of the League of Nations: A key knot in connecting regional and international order (Kayo Takuma) -- Chapter 5: Japanese International Lawyers and the Codification of International Law in the League of Nations (Rikiya Takahashi) -- Chapter 6: Intellectual Entanglements between the League of Nations and East Asia: Modernism or Anti-Modernism? (Takashi Saikawa) -- Part 3: Member States -- Chapter 7: Attempting Neutrality: Siam’s Coping with the League of Nations’ Multilateralism (Teewin Suputtikun) -- Chapter 8: The Council of the League of Nations and Japan: A Challenge to Emerging International Norms (Hatsue Shinohara) -- Chapter 9: China’s Policies toward the Abyssinian Question, 1935-1938 (Li Chang) -- Part 4: The Case of Manchuria -- Chapter 10: Popular Newspapers in China and the League: A Case of the Lytton Commission (Lunhai Mu) -- Chapter 11: Aborted Ideas of an Internationally Administered Manchuria: The Background to the Lytton Report (Haruo Tohmatsu) -- Chapter 12: The Diplomatic construction of Chinese sovereignty During the Manchurian Crisis (Christopher R. Hughes) -- Chapter 13: Conclusion (Madeleine Herren).
    Abstract: This book looks at East Asian actors in the League of Nations to explore a pivotal moment in the early stage of the development of global international relations. It breaks new ground by drawing on extensive sources in East Asian languages to show how actors from the region played significant roles in shaping the emerging norms and practices that underpin the international system. The chapters cover cases from the three East Asian member states, namely China, Japan and Siam (Thailand) to address topics that involve the intersection of disciplinary fields, such as law and warfare, sovereignty and international organization, and public health and international co-operation. The research draws on new material that will be of interest to academic researchers and is presented in a style suitable for teaching at undergraduate and graduate levels, especially for courses that strive to achieve a global outlook and the decolonization of the curriculum. Christopher R. Hughes Professor Emeritus of International Relations at the LSE, where he served as Director of the Asia Research Centre from 2002 to 2005. He has published widely on Chinese foreign policy and the impact of culture, technology and power on the evolution of international society. Previous books include Taiwan and Chinese Nationalism: National Identity and Status in International Society (Routledge 1997/2014), China and the Internet: Politics of the Digital Leap Forward (ed. Wth G. Wacker) (Routledge 2003) and Chinese Nationalism in the Global Era (Routledge Curzon 2006). Hatsue Shinohara is a Professor at the Graduate School of Asia-Pacific Studies, Waseda University. She specializes in the history of international organization and international law. Her major publications include American International Lawyers in the Interwar Years: A Forgotten Crusade (Cambridge University Press, 2012) and the League of Nations (in Japanese) (2010), which was translated into Chinese and published in China (2020).
    DOI: 10.1007/978-981-19-7067-2
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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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  • 94
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    Judicial Governance and Democracy in Europe (2023)
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    Details
    ISBN: 9783031201905
    Language: English
    Pages: 1 Online-Ressource(XI, 91 p. 3 illus.)
    Edition: 1st ed. 2023.
    Series Statement: SpringerBriefs in Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law—Europe. ; Law—Philosophy. ; Law—History. ; Europe—Politics and government. ; International law. ; Political science. ; Law ; Europe ; Law ; Law
    Abstract: Chapter 1: Introduction. Democracy and judicial governance in Europe -- Chapter 2: The trade-offs of judicial governance -- Chapter 3: Modernization, democracy and judicial governance -- Chapter 4: Independent judicial councils and democratic quality: a set-theoretical approach -- Chapter 5: Conclusions and some policy reflections -- Appendix 1. Classification and justification of models of judicial governance -- Appendix 2. Database for replication of statistical analyses -- Appendix 3. QCA data matrix for replication of analyses.
    Abstract: Amid the growing debate about models of judicial governance and their relationship to democratic quality, this book offers a systematic and empirical study of this relationship. The book thereby contributes to filling in this gap for the European continent. Taking an interdisciplinary politics and law perspective, and combining empirical and theoretical considerations, the book addresses the important link between democracy and judicial governance. In particular, it provides for three interconnected contributions. First, the book provides for a comprehensive classification of European countries into different models of judicial governance. Second, the book analyses empirically the relationship between the design of judicial governance and the quality of democracy. Third, building on those findings, the book presents policy reflections for the reform and improvement of mechanisms for judicial governance in European countries. The book seeks to refine our knowledge about the relationship between judicial governance and democracy, making an important academic and social contribution. In an era in which many democracies backslide and deconsolidate, it assesses to what extent existing mechanisms for judicial governance have contributed to the stability and quality of democratic systems in which they are implemented. Furthermore, the book puts forward reflections to improve the role of organs for judicial governance in fostering the quality of democracy. Since the book introduces in an accessible form key concepts of Judicial Governance, it will be of interest for the general public as well as academics and students in the fields of Law and Political Science. The book also addresses policy makers, as based on our empirical knowledge about the interaction judicial governance and democracy it puts forward ideas for a design of judicial governance that is more capable of protecting democratic systems of government.
    Note: Open Access
    DOI: 10.1007/978-3-031-20190-5
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  • 95
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    The territory of Japan : its history and legal basis (2023)
    Singapore : Springer Nature Singapore
    Details
    ISBN: 9789819930135
    Language: English
    Pages: 1 Online-Ressource (XXI, 185 Seiten) , Karten
    Edition: 2nd edition
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Aeronautics—Law and legislation. ; Japan—History. ; Asia—History. ; International relations—History. ; Law of the sea. ; International law. ; International relations. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law). ; International relations ; Aeronautics ; Japan ; Asia
    Abstract: Chapter 1.Development of Japan’s Territory -- Chapter 2.The Northern Territories (Kunashiri Island, Etorofu Island, Habomai Islands, and Shikotan Island) -- Chapter 3.The Senkaku Islands -- Chapter 4. Takeshima -- Chapter 5. Territorial Sea and Exclusive Economic Zone -- Chapter 6. Exclusive Economic Zones between Japan and the Republic of Korea, and Japan and China -- Chapter 7.A Proposal for Stability and Coexistence in East Asia -- Chapter 8.Territorial Air Space and Air Defense Identification Zones.
    Abstract: This Open Access book carefully examines the legal and historical bases of the territory of Japan as a modern State from the Meiji period to 2002. A new preface summarizes key developments in the situation up through 2022. Japan’s current territory is stipulated by the Potsdam Declaration (1945) and the Treaty of Peace with Japan (1951); it includes the Northern Territories, the Senkaku Islands, and Takeshima. Japan has demanded the return of the Northern Territories, comprising the islands of Etorofu, Kunashiri, Shikotan and Habomai, which are occupied by Russia. China has claimed sovereignty over the Senkaku Islands, which are validly controlled by Japan; Japan has claimed sovereignty over Takeshima, which is occupied by the Republic of Korea. This book analyzes the current status of these territorial topics, drawing on historical documents and international legal precedent, and it suggests peaceful methods to address them. In discussing territorial land, sea, and air space, this work touches upon postwar concepts defining modern international law and relevant rules on these subjects—exclusive economic zones (EEZs), continental shelves, and air defense identification zones (ADIZs)—found in international treaties, such as the United Nations Convention on the Law of the Sea (UNCLOS), and related domestic laws. Kentaro Serita is Professor Emeritus of Kobe University, Japan.
    Note: Open Access
    DOI: 10.1007/978-981-99-3013-5
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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
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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
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    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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  • 99
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    The Making of the Civil Codes : A Twenty-First Century Perspective (2023)
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    Details
    ISBN: 9789811949937
    Language: English
    Pages: 1 Online-Ressource(XV, 412 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Ius Gentium: Comparative Perspectives on Law and Justice 104
    Series Statement: Ius Gentium
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als The making of the civil codes
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Civil law. ; Law. ; Civil law - Codification ; Civil law systems ; Aufsatzsammlung ; Bürgerliches Recht ; Kodifikation ; Rechtsvergleich
    Abstract: On Civil Codes: A Twenty First Century Perspective -- The Codifications at the Beginning of the 21 Century -- Civil Law in Spain is Plural, as are its National Civil Codes -- The Making of the Turkish Civil Code -- The Perpetual French Codification.
    Abstract: The book provides in-depth analysis of the new perspectives on codifications, and of the related reforms, that give recognition to new ideas, new needs, and new techniques. The contributions from several jurisdictions collected in this book provide a much needed evaluation of the current impact of codification on the law and are a first, essential reference for assessing the importance of civil law codifications in the contemporary world.
    DOI: 10.1007/978-981-19-4993-7
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  • 100
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    Negotiating Norms : The Right to Free, Prior, and Informed Consent in Liberia and Beyond (2023)
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    Details
    ISBN: 9783031459108
    Language: English
    Pages: 1 Online-Ressource(XII, 392 p. 5 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Interdisciplinary Studies in Human Rights 9
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Human rights. ; International law.
    Abstract: 1. Introduction -- 2. The Global Time-Space: FPIC in the Fields of Transnational Law -- 3. The National Time-Space: FPIC in Liberian Fields of Post-Conflict Law-Making -- 4. The Local Time-Space: FPIC in the Fields of Community Forestry -- 5. Conclusion: FPIC's Journeys.
    Abstract: The book explores the right to free, prior and informed consent (FPIC) – a highly controversial right. It is mainly discussed in the context of large-scale business projects on Indigenous territories but also with respect to the creation of protected areas and communities’ traditional resource rights. From a legal anthropological perspective, it attempts to disentangle the various coexisting understandings of FPIC and provide an explanation for the multiplicity of FPIC norms or – to put it in other words – its fragmentation. It examines the right- or stakeholders of FPIC, the scope of the consent requirement, the respect for self-determined decision-making, and the right to FPIC of women in different sociolegal fields. Moreover, it explores the impact of power relations, strategic alliances, and discourses within these fields and shows that the emerging FPIC norms are the result of norm negotiation processes. The fields that are examined include transnational law – more specifically, human rights, environmental, and development law -, the Liberian post-conflict forest and land legislation, and Liberian community forests as fields in which FPIC is operationalized. Liberia is quite unique in this respect. It is not only one of the few countries in Africa recognizing FPIC but has also begun implementing it. The book shows that based on the logic of a sociolegal field, legal identities are discursively created and determine the meaning of FPIC. Moreover, different actors can resort to different legalities shaping the emerging FPIC norm. .
    DOI: 10.1007/978-3-031-45910-8
    URL: lizenzpflichtig
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