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  • MPI Ethno. Forsch.  (156)
  • BVB
  • Cham : Imprint: Springer  (156)
  • International law.  (156)
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  • MPI Ethno. Forsch.  (156)
  • BVB
  • BSZ  (156)
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Language
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Keywords
Subjects(RVK)
  • 1
    Online Resource
    Online Resource
    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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  • 2
    Online Resource
    Online Resource
    Business Data Ethics : Emerging Models for Governing AI and Advanced Analytics (2024)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031214912
    Language: English
    Pages: 1 Online-Ressource(XVII, 101 p. 13 illus., 12 illus. in color.)
    Edition: 1st ed. 2024.
    Series Statement: SpringerBriefs in Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Information technology ; Mass media ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Artificial intelligence. ; Business ethics. ; Corporate governance.
    Abstract: 1. What is AI Ethics Management and Why Does it Matter? -- 2. AI Can Injure People and Damage Business Reputation -- 3. Why Companies Pursue AI Ethics Management -- 4. How to Draw Substantive Lines Between Ethical, and Unethical, Uses of AI -- 5. Management Structures and Processes for Achieving Responsible and Ethical AI -- 6. The Next Stage: AI for the Social Good -- 7. Conclusion.
    Abstract: This open access book explains how leading business organizations attempt to achieve the responsible and ethical use of artificial intelligence (AI) and other advanced information technologies. These technologies can produce tremendous insights and benefits. But they can also invade privacy, perpetuate bias, and otherwise injure people and society. To use these technologies successfully, organizations need to implement them responsibly and ethically. The question is: how to do this? Data ethics management, and this book, provide some answers. The authors interviewed and surveyed data ethics managers at leading companies. They asked why these experts see data ethics as important and how they seek to achieve it. This book conveys the results of that research on a concise, accessible way. Much of the existing writing on data and AI ethics focuses either on macro-level ethical principles, or on micro-level product design and tooling. The interviews showed that companies need a third component: data ethics management. This third element consists of the management structures, processes, training and substantive benchmarks that companies use to operationalize their high-level ethical principles and to guide and hold accountable their developers. Data ethics management is the connective tissue makes ethical principles real. It is the focus of this book. This book should be of use to organizations that wish to improve their own data ethics management efforts, legislators and policymakers who hope to build on existing management practices, scholars who study beyond compliance business behavior, and members of the public who want to understand better the threats that AI poses and how to reduce them.
    Note: Open Access
    DOI: 10.1007/978-3-031-21491-2
    URL: kostenfrei
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  • 3
    Online Resource
    Online Resource
    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
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law of the sea. ; International law. ; Aeronautics ; Private international law. ; Conflict of laws. ; Comparative law. ; Information technology ; Mass media
    Abstract: Introduction and Overview of the Book -- Abilities of UAS, Historical Expansion and Integration Challenges into Civil Aviation -- International Air Law Response to Challenges in UAS Regulation -- Legal, Policy and Institutional Framework For Regulation of UAS in the United States Of America (USA) -- Legal, Policy and Institutional Framework For Regulation of UAS in South Africa -- Legal, Policy and Institutional Framework For UAS in Kenya -- Synthesis of Outcomes Regarding Integration of UAS into Civil Aviation in the US, South Africa and Kenya -- Conclusion, Recommendations and Way Forward.
    Abstract: This book evaluates how the legal, institutional and policy frameworks for Unmanned Aircraft Systems (UAS) in the United States, South Africa and Kenya have addressed the current needs and challenges involved in these systems’ operation and integration into regulatory frameworks for civil aviation. It shows how the three states have developed their own constitutional frameworks, legislation, regulations, policies and strategic plans to address the challenges that emanate from integrating UAS into the civil aviation airspace. The book details the three countries’ integration experiences, investigating the extent to which existing international regulatory frameworks address the various concerns, and identifies the common thread that runs through UAS regulation, as well as each country’s unique issues and path to integration. Recognizing that the approach for integration of UAS into civil aviation needs to be gradual and pragmatic, the book recommends scaling up institutional capacity, coordination and funding, and intensifying regional efforts to redefine and support UAS integration.
    DOI: 10.1007/978-3-031-49927-2
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  • 4
    Online Resource
    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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  • 5
    Online Resource
    Online Resource
    Conservation of Contemporary Art : Bridging the Gap Between Theory and Practice (2024)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031423574
    Language: English
    Pages: 1 Online-Ressource(VIII, 401 p. 57 illus., 49 illus. in color.)
    Edition: 1st ed. 2024.
    Series Statement: Studies in Art, Heritage, Law and the Market 9
    Parallel Title: Erscheint auch als
    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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  • 6
    Online Resource
    Online Resource
    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
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Human rights. ; Civil rights. ; European communities.
    Abstract: Introduction -- The problem and its scale: Privacy invasions of Pakistani media -- The concept of the right to privacy -- Right to privacy and freedom of expression in the Constitution of Pakistan -- Reconciling the freedom of expression with the right to privacy: Protecting private life from media invasions under the ECHR -- Privacy protection in ECHR member states: Germany and the United Kingdom -- Recommendations: A privacy law for Pakistan.
    Abstract: This book focuses on devising a comprehensive protective mechanism for the right to privacy in Pakistan. It argues that the existing legal regime lacks an effective remedy for victims of privacy violations and emphasizes the need for comprehensive legislation to safeguard this crucial right. Pursuing a multidisciplinary approach, the book thoroughly explores the issue of media intrusions into people’s privacy through thematic media content analysis and highlights the significant impacts of these intrusions on victims’ lives. In the process, the book addresses various conceptual aspects, their relevance, and their implications for privacy-related disputes during adjudication. Recognizing that theoretical underpinnings alone may not be sufficient to create a legal regime “from scratch,” it explores the enforcement of the right to privacy under the European Convention on Human Rights (ECHR), as interpreted and enforced by the European Court of Human Rights (ECtHR). The book subsequently goes beyond exploring international law by analyzing the impact of media-and-privacy cases on privacy protection in two major member states: Germany (a civil law jurisdiction) and the United Kingdom (a common law jurisdiction). Drawing upon these conceptual and comparative legal deliberations and findings, the book provides concrete guidelines for a new privacy law in Pakistan.
    DOI: 10.1007/978-3-031-45575-9
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  • 7
    Online Resource
    Online Resource
    Are Legal Systems Converging or Diverging? : Lessons from Contemporary Crises (2024)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Associated volumes
    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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  • 8
    Online Resource
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    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
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Law ; Information technology ; Mass media ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law).
    Abstract: Transformations: An Introduction to this volume and reflections on uniform law conventions as public and private law -- Part One – European framework – the world we live in -- Six Very Strange Years -- Brave New World: Dispute resolution under the EU – UK Trade and Cooperation Agreement -- Brexit and Arbitration Agreements -- Transnational commercial litigation. Discussing the 2020 Model Rules and the 2019 Hague and 2018 Singapore Conventions -- Style and Form of Judgments in France : enter the Rapporteur public -- The Norwegian Concept of “Room for Manoeuvre”: A Nail in the EEA’s Coffin -- The Reach of Free Movement: The Right to Export Sickness Benefits Within the European Union and the European Economic Area -- Part Two– Transformations in public international law -- General Principles of Law in International Law and Common Law -- The Chorzow Factory Case and the Protection of Industrial Property under International Law -- Settlement of disputes by the International Court of Justice: twosouls in the Court’s breast -- A Developing Field of Activity: Reparation for Breaches of Human Rights in the Case Law of the International Court of Justice -- The jurisprudence of the International Court of Justice between utilitas publica and utilitas singulorum (1947-1962) -- The Factory of Chorzów case: a bridge between international law and private law -- Part Three – Transformations in private law – method and public policy -- Fundamental rights, freedoms and contract law. Comparing legal systems -- Poverty in the capitalistic legal order -- Hayek in Brussels. Uniform Private Law and neo-liberal orthodoxy -- Another Europe after the pandemic? Reflections on solidarity and the nature of private rights -- Ruling economic contractual relations: the predictability of pandemics and of their implications -- Part Four – Transformations in contract law -- The developing role of good faith and the emerging concept of a relational contract -- Trust and the (EU) Capital Market. Theory and Case Studieson a New Mesotes in Business Law -- The fiduciary entrustment contract -- Spunti di riflessione in tema di diligenza e autonomia privata nel diritto privato italiano -- La prudenza come paradigma conoscitivo nei sistemi di civil law: l’influsso sulla formazione del giurista -- Europe needs a true business law. What does that mean? -- Some Reflections on the Nature of Decentralized (Autonomous) Organizations -- Contract automation from telematic agreement to smart contracts -- Some considerations for research on the sale of movable goods -- The French Model and the Development of Authors’ Rights -- The control of contract power and standard terms in Italy and Canada: a comparative overview -- Part Five – Transformations in tort law -- Forty Years of travels in the province of the law of tort. A memoir -- Damages and Benefits: new rules for the Compensatio Lucri cum Damno doctrine -- A Flower Never Blossomed: The Overshadowed Silhouette of Privacy in the Realm of the English Law of Tort -- Artificialintelligence and liability: the strategy of the European Union -- Damages liability caused by robot and artificial intelligence: a question of safety -- Artificial Intelligence And Tort Liability -- Part Six – Transformations in EU law – tort, remedies and interventions -- The EU, the Member States and Damages Liability -- Supervisory liability for surveillance failure in the EU financial system -- EU Financial Regulation and Private Law: Towards a Holistic Approach -- The remedies of retail clients of investment firms in the light of the decisions of the Italian Financial Ombudsman -- Consumer protection extended to commonholds in the view of the Court of Justice of the European Union -- Financial resilience issues in agriculture -- Part Seven – Digitalised world – assets, privacy and party autonomy -- International Regulatory Competition in Crypto Finance and Comparative Discussions -- The role of the EU Court of Justice in relation to the European law on eCommerce and liability of Internet Service Providers -- Smart contracts in the financial sector: Fintech's prospects and risks -- Legal protection of the human personality and the emergence of digital identity. The case of Italy -- A Multifaceted Issue Called “Big Data”: Different views on Privacy, Consumer Protection and Free Trade in Search for a Synthesis -- Data and Territory. The impact of the “local” in the regulation of digital technologies and algorithmic decision-making -- Informed Consent in Italian Digitalized Insurance Contracts. From the Privacy Shield to Schrems II.
    Abstract: Eminent lawyers from academia, international judiciary and legal practice join up to honour Professor Mads Andenas KC (Hon). Contributions form a cutting edge volume across legal disciplines led by an advisory editorial committee including Prof. Guido Alpa, Prof. Carl Baudenbacher, Prof. Eirik Bjorge, Prof. Giuseppe Conte and Prof. Duncan Fairgrieve. The general private law of tort and delict is subject to a transformation where the traditional national framework is becoming gradually less relevant. Much of the modernisation of private law takes place not at the domestic level but at a European or international level such as in international commercial conventions or EU consumer protection legislation. Remedies in regulatory law are becoming ever more important. The role of the European Court of Justice in developing general principles of contract and tort is ever increasing. Tort liability is an important subject of international conventions with the case law of the International Court of Justice developing general principles of tort liability in public international law.
    DOI: 10.1007/978-3-031-28497-7
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  • 9
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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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  • 10
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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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  • 11
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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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  • 12
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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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  • 13
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    Making and Changing Law in Small Jurisdictions (2024)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031469435
    Language: English
    Pages: 1 Online-Ressource(VIII, 200 p. 1 illus.)
    Edition: 1st ed. 2024.
    Series Statement: The World of Small States 11
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Law ; Law
    Abstract: 1 Navigating Law-making and Law Reform in Small Jurisdictions -- Part I Case studies in law-making in small jurisdictions -- 2 A small state, a worldwide jurisdiction: Vatican City State and its legal system -- 3 Small states and constitutional reform: democracy in Malta -- 4 Drafting for effectiveness: Tuvalu's Climate Change Resilience Act 2019 -- Part II International influences and their impact on small jurisdictions -- 5 Mapping the UK's constitutional relationship with Britain's Overseas Territories in the human rights sphere -- 6 The Long Road to a Beneficial Ownership Regime in the Cayman Islands -- 7 Law Reform and Regulated Credit Reporting Systems in Commonwealth Small Island Developing States: a study of Jamaica -- Part III Global perspectives on law-making and law reform in small jurisdictions -- 8 The Challenges and Rewards of Law Drafting in Small States.
    Abstract: This book puts the spotlight on a different and neglected aspect of law drafting and reform: the question of size. Specifically, how does the size of a jurisdiction affect its ability to make and change its laws? Some of the challenges affecting small jurisdictions include: a lack of resources and paucity of policy/drafting capacity; the pressures and pull from sources outside the jurisdiction (e.g. international bodies or NGOs; larger states; treaty commitments); a vulnerability to domestic capture (e.g. criminal elements, big local businesses, strong domestic lobby groups); weak/bad governance (e.g. laws or institutions which themselves do not encourage or promote good governance, reflection and reform); the legacy of colonial legal systems and their interaction with indigenous or customary laws; and struggles to comply with constitutional norms such as accountability and transparency. Despite these difficulties small jurisdictions also have certain advantages when it comes to making and reforming law: they can be flexible and creative; they can legislate very quickly if the political will is there; and there is strong informal/formal accountability in a small jurisdiction. This edited collection explores law reform and law drafting in small jurisdictions through the themes of sovereignty; the impact of colonialism and legal plurality; the challenges of harmonising laws at regional and international levels; and constitutional reform. Of use to researchers and practitioners alike.
    DOI: 10.1007/978-3-031-46943-5
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  • 14
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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
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Environmental law, International. ; Soil science. ; International law. ; Human rights. ; Climatology. ; Environmental policy.
    Abstract: Part 1: the theme: sustainable soil management and climate mitigation and adaptation -- Sustainable Soil Management and Soil Carbon Sequestration -- The Climate Decision of the German Constitutional Court and its Implications on Soil Management -- Legislative Protection for the Soil Environment and Climate Change. Unsealing: Benefits, Potentials, Legal Provisions and Funding: the German Experience -- Land-use Implications of Carbon Dioxide Removal: An Emerging Legal Issue? -- "What place for contractual commitments in the protection of European agricultural soils? -- The example of carbon sequestration" -- Part 2: Recent international developments -- UNFCCC CoP26: Key Outcomes for Soil Management -- The mainstreaming agenda of the CBD and its value to protect and to enhance soil ecosystem services -- Part 3: Regional/national reports -- Soil protection law in Japan -- Soil-related laws in Thailand -- Effective governance for sustainable soil management at national level: Selected recommendations based on African and German soil law studies -- Part 4: Cross-cutting issues -- PFASs in soil and groundwater– comprehensive challenges and progress in regulation and management in Germany -- An African Legal, Cultural and Religious Perspective of Sustainable Soil Governance.
    Abstract: This open access book presents an important discussion on the interface between sustainable soil management and climate mitigation and adaptation. It investigates a variety of aspects in this context, such as the political and societal consequences for countries in the Global South, an assessment of the outcomes of the UNFCCC Conference of Parties held in Glasgow, appropriate legal instruments to promote desealing, regulatory concepts for negative emissions in soil and land use, the debate in Europe on carbon uptake in soils and the climate-related policy of the Convention on Biological Diversity. Lastly, it provides information on recent court rulings on climate mitigation in Germany and Australia and their relevance for sustainable soil management. This sixth volume of the International Yearbook of Soil Law and Policy is divided into four parts, the first of which deals with various aspects of the theme “Climate Mitigation and Adaptation and Sustainable Soil Management.” The second part covers recent international developments, the third presents regional and national reports, and the fourth discusses overarching issues. Given the range of key topics covered, the book offers an indispensable tool for all academics, legislators and policymakers working in this field. The “International Yearbook of Soil Law and Policy” series discusses central questions in law and politics with regard to the protection and sustainable management of soil and land – at the international, national, and regional level.
    Note: Open Access
    DOI: 10.1007/978-3-031-40609-6
    URL: kostenfrei
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  • 15
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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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  • 16
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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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  • 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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    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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  • 19
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    The Law of Third Sector Organizations in Europe : Foundations, Trends and Prospects (2023)
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    Details
    ISBN: 9783031417443
    Language: English
    Pages: 1 Online-Ressource(X, 364 p. 3 illus.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Law ; Commercial law. ; European Economic Community.
    Abstract: Part I National Perspectives on the Law of Third Sector Organizations -- The Third Sector in Belgium -- The Diversity of Third Sector Organizations in Denmark -- French Economie Sociale et Solidaire in the Middle of the Ford -- Law in Transition: Reforming the Legal Framework of the Third Sector in Germany -- Third Sector Organisations in Ireland: Assembling the Regulatory Jigsaw Pieces of an Evolving, if Fragmented, Sector -- The New Italian Code of the Third Sector. Essence and Principles of a Historic Legislative Reform -- The Legal Infrastructure of the Third Sector and the Social Economy in the Netherlands -- Third Sector in the Third Republic: An Overview of the Law and Practice in Poland -- The Legal Regime of the Social Economy Sector in Portugal -- Social Economy and Third Sector in Spanish Law. Convergences and divergences -- Part II European and Comparative Law of Third Sector Organizations -- Third Sector Organizations in a European and Comparative Legal Perspective -- The Taxation of Social Economy Entities in the Perspective of EU Law -- European Law of Third Sector Organizations from the US Standpoint.
    Abstract: This book presents and discusses the law of third sector organizations in a selected number of European Union countries and in a comparative perspective, with the aim of providing a common basis for further legal analyses or legislative advancements both at the national and supranational level. The book is divided into two parts. Chapters in Part I present the ways in which each national jurisdiction deals with the group of organizations identified by the authors as “third sector organizations”, regardless of the ways in which these organizations are denominated or are commonly known in each country or the place in which their regulation is found. Chapters in Part II share a synthesis and comparative approach and draw the lines for further developments of the research activity culminated in the book.
    DOI: 10.1007/978-3-031-41744-3
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  • 20
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    Model United Nations : A Practical Guide (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031135248
    Language: English
    Pages: 1 Online-Ressource(XX, 216 p. 23 illus., 20 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Springer Texts in Political Science and International Relations
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Diplomacy. ; International organization. ; International law. ; Teaching. ; Economic development. ; Communication in politics. ; Internationale Organisation ; Simulation ; Studium ; Lehrveranstaltung ; Politische Bildung ; Lehrbuch
    Abstract: Introduction to Model United Nations -- Model United Nations Conferences: Organisational Peculiarities -- Model United Nations Conferences: Roles and Responsibilities of Actors -- Model United Nations: (Didactic) Module Content -- Implementing a Model United Nations Program at your Institution -- Example of Model United Nations lecture schedule and some words on preparing lectures and engaging students successfully -- Model United Nations – beneficial/positive impact on students.
    Abstract: This textbook presents a detailed insight into the structures and processes of preparing students for Model United Nations (MUN) conferences and for attending Model United Nations conferences, subsequently. It serves as a handbook and practical guide for the implementation of MUN into courses and classes in educational institutions. Written by a Faculty Advisor, and offering additional insights from an experienced award-winning MUN delegate, the book provides a particularly exceptional insightful, and well-rounded approach. The author explains how a MUN course can be taught, presents exercises to prepare students for the conference, and discusses how the MUN delegation and trip to the conference can be organized. This comprehensive guide offers insights into a broad range of topics, including debates with peers, diplomacy to solve international crises, and learning about the system of the United Nations (UN) organization through simulation. Further, it covers the development of soft skills and communication at the conferences and building international friendships, while it additionally allows learning more about the UN Sustainable Development Goals (SDGs) in the process. With tips, tricks, and bonus material this book will serve as an anchor throughout the students' first MUN experience, as well as provide valuable help for more advanced participants. The book, therefore, is a must-read for both academic staff teaching MUN, as well as students attending MUN courses and planning to attend MUN conferences.
    DOI: 10.1007/978-3-031-13524-8
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  • 21
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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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  • 22
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    Unregulated Custody Transfer of Adopted Children (2023)
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    Details
    ISBN: 9783031375262
    Language: English
    Pages: 1 Online-Ressource(X, 174 p.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Domestic relations. ; Sociology. ; Social groups.
    Abstract: Chapter 1 Introduction to Adoption -- Chapter 2 Change a Life -- Chapter 3 A Mother Without A Baby -- Chapter 4 In Whose Best Interest? -- Chapter 5: How Much do We Miss When We See the Obvious? -- Chapter 6 Recommendations.
    Abstract: Did you know that once a week an adopted child is advertised to be given away on Internet? The book “Unregulated Custody Transfer of Adopted Children’ is a thought-provoking and an eye-opening book that uncovers the gray zone of adoption. The book talks about the often-overlooked issue of the terrifying reality of national and international adoption. Through legal analysis and accompanying story this book sheds light on the heart-wrenching reality of children who have been rehomed. It delves into the lives of adoptive families who find themselves overwhelmed and unable to care for their adopted children, leading to a black market of custody transfer where vulnerable children are given away with one click and with just one piece of paper to strangers. This book is a must-read for as it highlights the urgent need for increased regulation and oversight to protect the well-being of children in need of safe and loving homes. Particular attention is given to the international adoption and the countries such as Russia and Ukraine. The author has played close attention to the laws and regulations in the above mentioned countries by first hand translation and research, in order to give a deeper insights into the heartbreaking reality of unregulated custody transfer of adopted children. The book provides helpful insights for lawmakers, legal practitioners, scholars, child care professionals, international law scholars and students interested in human rights law, adoption law, and child protection.
    DOI: 10.1007/978-3-031-37526-2
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  • 23
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    Human Rights Dissemination in Central Asia : Human Rights Education and Capacity Building in the Post-Soviet Space (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031279720
    Language: English
    Pages: 1 Online-Ressource(VII, 133 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: SpringerBriefs in Political Science
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Asia—Politics and government. ; Human rights. ; International law. ; Asia
    Abstract: Chapter 1. Human Rights in Central Asia - Between Internationalization and Nation-Building (Hien) -- Chapter 2. Human Rights in Central Asia: Challenges and Perspectives (Sayapin) -- Chapter 3. Human Rights Education and Human Rights in Central Asia (Mihr) -- Chapter 4. Human Rights as a Concept of Public Law: Challenges for Central Asian Higher Education Systems (Atadjamov) -- Chapter 5. Transnational Higher Education in Central Asia: The Case of Kazakhstan (Varpahovskis) -- Chapter 6. Redesigning the Law Curriculum in Uzbekistan (Ismatov) -- Chapter 7. Inclusive Human Rights Education in Tajikistan (Husnidinzoda) -- Chapter 8. Awareness in Central Asian States of Discrimination Against Labor Migrants Abroad (Ysamanova) -- Chapter 9. Gender Equality and International Human Rights Law in Kyrgyzstan (Erisheva) -- Part I. Annex -- Chapter 10. Samarkand Declaration.
    Abstract: This open access book explores the field of human rights dissemination in Central Asia. Offering a comparative perspective on five post-Soviet Central Asian states—Kazakhstan, Kyrgyzstan, Uzbekistan, Turkmenistan, and Tajikistan, it examines compliance with international human rights standards in these countries. The contributions capture various aspects of human rights dissemination through educational programs, seminars, training, and empowerment programs at Central Asian universities, together with Central Asian NGOs/CSOs and international organizations. The book shows that a change of behavior among state and non-state actors in the region can only happen when both local and international actors, usually international donors, jointly take action to report, train, and empower people in human rights. This book is an invitation to anyone interested in the (troubled) nexus between international human rights norms and standards and their implementation on the local level, as well as in the effective empowerment of citizen in the region.
    Note: Open Access
    DOI: 10.1007/978-3-031-27972-0
    URL: kostenfrei
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  • 24
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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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    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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    Space Fostering African Societies : Developing the African Continent Through Space, Part 5 (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031367472
    Language: English
    Pages: 1 Online-Ressource(V, 110 p. 23 illus., 15 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Southern Space Studies
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law of the sea. ; International law. ; Aeronautics ; Solar system. ; Africa
    Abstract: Evaluating the Nigerian Space Policy vs the African Outer Space Strategy -- Africa’s Impact Cratering History and Meteorite Record: Implications for Planetary and Space Science studies on the Continent -- The Namibian Multi-Wavelength Observatory – Towards Sustained Astronomy in Namibia -- South Africa’s Role in Promoting Development in Africa through its Outer Space Activities -- Use of SAR Imagery for Oil Spill Detection and Mapping in Angola -- Preliminary design of a South African liquid rocket engine testing platform for academic applications.
    Abstract: This peer-reviewed book provides detailed insights into how space and its applications are, and can be used to support the development of the full range and diversity of African societies, as encapsulated in the African Union’s Agenda 2063. Following on from Part 1 to Part 4, which were highly acclaimed by the space community, it focuses on the role of space in supporting the UN Sustainable Development Goals in Africa, but covers an even more extensive array of relevant and timely topics addressing all facets of African development. It demonstrates that, while there have been significant achievements in recent years in terms of economic and social development, which have lifted many of Africa’s people out of poverty, there is still a great deal that needs to be done to fulfill the basic needs of Africa's citizens and afford them the dignity they deserve. To this end, space is already being employed in diverse fields of human endeavor to serve Africa’s goals for its future, but there is much room for further incorporation of space systems and data. Providing a comprehensive overview of the role space is playing in helping Africa achieve its developmental aspirations, the book will appeal to both students and professionals in fields such as space studies, international relations, governance, social, rural and technical development.
    DOI: 10.1007/978-3-031-36747-2
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    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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    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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    Power, State and Space : Conceptualizing, Measuring and Comparing Space Actors (2023)
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    Details
    ISBN: 9783031328718
    Language: English
    Pages: 1 Online-Ressource(XII, 225 p. 42 illus., 36 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Studies in Space Policy 35
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Aeronautics—Law and legislation. ; Outer space—Exploration. ; Law of the sea. ; International law. ; Aerospace engineering. ; Astronautics. ; Aeronautics ; Outer space
    Abstract: Introduction -- Conceptualising Space Actors: State And Power In Space -- Measuring Space Actors: A Methodological Framework -- Comparing Space Actors: An Empirical Assessment.
    Abstract: This book explains on what basis a nation can claim the status of space power, what are the criteria differentiating a space power from “lesser” space actors, and how their spacepower can be empirically measured and assessed. To this end, it sets forth a comprehensive multidisciplinary framework to enable a dynamic comparison of space actors and of the pathways that lead them in and out of the space powers’ club. Drawing upon a critical review of the existing literature, it conceptualises spacepower as a form of state power based on the complex interplay between the two defining dimensions of stateness, namely the well-studied dimension of capacity and the often neglected yet exceedingly important dimension of autonomy. The book demonstrates that only actors possessing high levels of both autonomy and capacity qualify as space powers. Different levels of either capacity or autonomy produce other types of space actors, including skilled spacefarers, self-reliant spacefarers, primed spacefarers, and emerging space actors. This innovative conceptual framework is complemented by an in-depth comparative assessment that collects and processes a large amount of hard-to-find data on the most active global space actors and aggregates multiple indicators into a compound, non-hierarchical index of space power visualised in the form of a matrix.
    DOI: 10.1007/978-3-031-32871-8
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    Small States and Big Powers : Portugal and Iceland’s Foreign Relations (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031423451
    Language: English
    Pages: 1 Online-Ressource(X, 165 p. 2 illus., 1 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: The World of Small States 10
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International relations. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Kleinstaat ; Internationale Politik ; Internationales politisches System ; Position ; Internationale Organisation ; Mitwirkung ; Mitgliedsstaaten ; Shelter Theory ; Portugal ; Island
    Abstract: 1. Portugal and Iceland: Foreign policy constructed by smallness? -- 2. Portugal, the European Union and Shelter Theory -- 3. A Reluctant European: Iceland and European integration -- 4. Portugal and NATO: enduring alliance or necessary shelter? -- 5. The Small State and the Superpower: Iceland’s Relations with the United States -- 6. Iceland´s Relations with the Nordic States -- 7. Portugal’s contemporary relations with Africa: a limited shelter? -- 8. Sino-Icelandic Relations -- 9. The many shades of shelter: Portugal and Iceland´s quest for political, economic and societal shelter.
    Abstract: Foreign policy is one of the most complex policies of every state, and Portugal and Iceland are no exception. The “Small States and Big Powers: Portugal and Iceland’s Foreign Relations” book analyses the importance of relations with big powers or regional and international organisations from a shelter theory perspective, detailing the degree of political, economic and societal shelter that they have provided to Portugal and to Iceland over time. Despite having followed distinct paths, Portugal and Iceland have some important similarities in their foreign policy, namely in relation to the European and the Atlantic dimensions and their participation in regional organisations. The book examines their decisions to join or not to join regional organisations, and both countries’ bilateral relations with other important parts of the world, namely Africa, the Nordic states and China. This book compares the foreign policies of Portugal and Iceland considering their commonly identified status as small states and place them within the shelter theory framework, and its findings indicate that both countries need to balance their international relations with shelter provided by different actors. Their size and political and economic capabilities matter in their bilateral and multilateral relations. It is therefore in both countries’ interest to maintain strong cooperation not only with big powers, but also regional and international organisations, depending on their field of action, in order to flourish politically, economically and socially.
    DOI: 10.1007/978-3-031-42345-1
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    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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    A Regulatory Framework for the Art Market? : Authenticity, Forgeries and the Role of Art Experts (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031187438
    Language: English
    Pages: 1 Online-Ressource(XIII, 315 p.)
    Edition: 1st ed. 2023.
    Series Statement: Studies in Art, Heritage, Law and the Market 7
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als Bolz, Anna A regulatory framework for the art market?
    Keywords: Law—Philosophy. ; Law—History. ; Art—History. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Criminal law. ; Archaeology. ; Cultural property. ; Art ; Law ; Law
    Abstract: Setting the Scene: Approach and Methodology -- Peculiarities of the Art Market -- Fraud, Forgery and Authentication -- Remedies: Regulation and New Initiatives -- Conclusions and Recommendations.
    Abstract: This book addresses practical issues in connoisseurship and authentication, as well as the legal implications that arise when an artwork’s authenticity is challenged. In addition, the standards and processes of authentication are critically examined and the legal complications which can inhibit the expression of expert opinions are discussed. The notion of authenticity has always commanded the attention of art market participants and the general art-minded public alike. Coinciding with this, forgery is often considered to be the world’s most glamorous crime, packed with detective stories that are usually astonishing and often bizarre. The research includes findings by economists, sociologists, art historians, lawyers, academics and practitioners, all of which yield insights into the mechanics and peculiarities of the art business and explain why it works so differently from other markets. However, this book will be of interest not only to academics, but to everyone interested in questions of authenticity, forgery and connoisseurship. At the same time, one of its main aims is to advocate best practices in the art market and to stress the importance of cooperation among all disciplines with a stake in it. The results are intended to offer guidance to art market stakeholders, legal practitioners and art historians alike, while also promoting mutual understanding and cooperation.
    DOI: 10.1007/978-3-031-18743-8
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    Gain-based Remedies for Breach of Contract : A Comparative Analysis of English and Polish Law (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031254529
    Language: English
    Pages: 1 Online-Ressource(VI, 167 p. 1 illus.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Contracts. ; Common law. ; Civil law. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law).
    Abstract: 1. Introduction and Methodology -- 2. Gain-based Remedies for Breach of Contract in General -- 3. Finding Gain-based Remedies under the Compensatory Principles -- 4. Finding Gain-Based Remedies under Restitutionary Principles -- 5. Summary and Conclusions -- 6. Bibliography. .
    Abstract: This book focuses on an emerging problem in English contract law: what should be done when a party has been unjustly enriched as the result of a breach of contract but there is no measurable loss suffered by said party? Two rulings are at the heart of the book: Wrotham Park Estate v Parkside Homes and Attorney-General v Blake. These two cases can be said to have established gain-based remedies in English contract law. However, the principles that underpin these remedies are not entirely clear and are subject to debate. This book analyses these principles through the lens of compensatory and restitutionary approaches. Moreover, it applies a comparative analysis of these approaches through the lens of the civil law jurisdiction in Poland. Since the term ‘compensation’ is not a universal concept, the book distinguishes between two rationales in the compensatory analysis. The first, reparative compensation, is defined as a form of monetary recompense for loss or damage actually suffered. The second, substitutive compensation, represents a monetary equivalent to a right that a person has been deprived of or denied. Both rationales require the application of a broad notion of loss in order to make gain-based remedies workable in both English and Polish law. In contrast, ‘restitution’ states that a person cannot be permitted to profit from their own wrongdoing. Based on this principle, the book argues that gain-based remedies could be applied under Polish law through the rules of unjust enrichment. However, in order to do so, a broader understanding of the subtraction prerequisite (the enrichment being at the aggrieved party’s expense) would have to be adopted. The book concludes that unjust enrichment is a more natural way of implementing gain-based remedies in civil law jurisdictions.
    DOI: 10.1007/978-3-031-25452-9
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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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    Art Crime in Context (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031140846
    Language: English
    Pages: 1 Online-Ressource(VI, 228 p. 142 illus., 139 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Studies in Art, Heritage, Law and the Market 6
    Parallel Title: Erscheint auch als Art crime in context
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Criminal law. ; Criminology. ; Cultural property. ; Archaeology. ; Organized crime. ; Aufsatzsammlung ; Kunst ; Kulturgut ; Kunstdiebstahl ; Kunstfälschung ; Schmuggel
    Abstract: Introduction -- Assay-ssination: Reflections on the Cost of Jewellery and Gem Crime -- Design crime in context: Mass-manufactured design, design-as-art, and Chandigarh’s modernist furniture -- The Evolution of the Belgian Art and Antiques Unit -- Fossil trafficking, fraud, and fakery -- Illicit Excavations and Trade in Antiquities -- New Security Challenges at Museums and Historic Sites: The Case of Spain -- Revisiting the Looting of Site Q through Lidar: A Case Study of Illicit Digging in La Corona, Guatemala -- Securing Borders and Restraining the Illegal Movement of Cultural Property to, from, and within, the Island of Ireland -- Stealing Heritage in Canada -- The Theft of Your Soulmate: Motivations for the Theft of Rare Violins -- UNESCO Emergency Response “First-Aid” Heritage Interventions in Syria during Armed Conflict -- Yellow Journalism: Neutralisation techniques, media validation, and the Rothko vandal.
    Abstract: This book brings together empirical and theoretical case-study research on art and heritage crime. Drawn from a diverse group of researchers and professionals, the work presented explores contemporary conceptualisations of art crime within broader contexts. In this volume, we see ‘art’ in its usual forms for art crime scholarship: in paintings and antiquities. However, we also see art in fossils and in violins, chairs and jewellery, holes in the ground and even in the institutions meant to protect any, or all, of the above. And where there is art, there is crime. Chapters in this volume, alternatively, zoom in on specific objects, on specific locations, and on specific institutions, considering how each interact with the various conceptions of crime that exist in those contexts. This volume challenges the boundaries of what we understand as “art and heritage crimes” and displays that both art, and criminality related to art, is creative and unpredictable.
    DOI: 10.1007/978-3-031-14084-6
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    European Yearbook of International Economic Law 2022 (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031285325
    Language: English
    Pages: 1 Online-Ressource(XII, 581 p.)
    Edition: 1st ed. 2023.
    Series Statement: European Yearbook of International Economic Law 13
    Parallel Title: Erscheint auch als
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    Keywords: International law. ; Trade regulation. ; Commercial law. ; European Economic Community. ; International economic relations. ; Environmental Law.
    Abstract: Editorial -- PART I – Climate Change & Liability -- Climate Change Challenges Constitutional Law: Contextualising the German Federal Constitutional Courts Climate Jurisprudence within Climate Constitutionalism -- Trans-Nationally Determined Contributions for climate justice: Resolving a Paris Agreement’s contradiction that is working against developing states -- The Green Climate Fund, Climate Change and Corporate Due Diligence: What Role for the Private Facility Sector? -- Market Access Conditionality and Border Carbon Adjustments -- Removing Barriers to Climate Change Litigation: The Progressive Erosion of Central Banks’ Immunity -- The WTO Panel Report on US-Safeguard Measure on PV Products: A Decisive Victory for the Fight Against Climate Change? -- The Innovative Trade and Climate Action-Linkage in the EU-UK Trade and Cooperation Agreement – A Template for the EU’s New Approach to Green Trade Agreements -- The Investment Treaty Regime and the Clean Energy Transition -- Making the Energy Charter Treaty Climate-Friendly: An (Almost) Impossible Leap -- Making Finance Flows Consistent with the Aims of the Paris Agreement – Roles, Obligations, and Limitations of the EU Banking Sector and Its Regulatory and Supervisory Institutions -- The Double Materiality Principle (Article 19a NFRD) as Proposed by the Corporate Sustainability Reporting Directive – An Effective Concept to Tackle Green Washing? -- Assessing the Climate of ‘Shareholder based Climate Change Litigation’ in the Global South -- From Unilateral Border Carbon Adjustments to Cooperation in Climate Clubs: Rethinking Exclusion in Light of Trade and Climate Law Constraints -- Environmental and Sustainability Aspects in EU Competition Law – Towards a “More Economic & Ecological Approach” under Article 101 TFEU? -- Climate-Related Individual Rights Under EU Secondary Law and Limitations to Their Material Scope -- Reducing GHG Emissions in a Constitutional Democracy – When EU Civil Courts adjust the EU Emission Trading System -- The Proposed EU Regulation on Trade in Forest-Risk Commodities (FRCs): A First Assessment -- PART II – Current Challenges, Development and Events in European and International Economic Law -- Seven Years Inside the Trade Defence Machinery Room – How Political is the European Commission?.
    Abstract: Volume 13 of the EYIEL focuses on “Climate Change and Liability”. The volume starts with a distinguished essay about the decision of the German Constitutional Court on the Climate Change Act in a European and international context. The following contributions consider different aspects of climate change in international economic law.
    DOI: 10.1007/978-3-031-28532-5
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  • 37
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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
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    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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  • 38
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    State and Enterprise : Legal Issues in the Global Market (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031104732
    Language: English
    Pages: 1 Online-Ressource(VI, 423 p. 23 illus., 22 illus. in color.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
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    Keywords: International law. ; Trade regulation. ; Law and economics. ; Private international law. ; Conflict of laws. ; Comparative law.
    Abstract: General Introduction. State and Enterprise in the Global Market by Maria Rosaria Mauro and Federico Pernazza -- Part I – State versus Enterprise: The national security clauses in international economic agreements: a loophole for States to escape their obligations? by Saverio Di Benedetto -- The US Regulation of Foreign Direct Investments by Andrea Guaccero -- Golden Powers in Strategic Sectors: A European Perspective by Gianluca Scarchillo -- The PRC Regulation of Foreign Direct Investment by Enrico Toti -- Part II – State as Enterprise/Enterprise as State: Management of Public Economic Entities: Fair, Accountable and Controlled by Guy Horsmans and Guillaume Horsmans -- The Role of State-Owned Enterprises in the Economic Transnational Relations by Federico Pernazza -- The Emergence of Sovereign Wealth Funds as New ‘Foreign Investors’: Problems and Perspectives by Maria Rosaria Mauro -- Sustainable Procurement: The Active Role of the State in Building a Sustainable and Inclusive Economic Growth by Barbara De Donno and Livia Ventura -- Part III – Enterprise v. State: The Relationship between a Host State and a Foreign Corporate Investor. A Few Remarks under International and EU Law by Pia Acconci -- Antitrust Law in Digital Markets by Gianluca Contaldi -- Clip Their Wings! Developments in the “Fight” Against Vulture Funds by Domenico Pauciulo -- When the Protection of Private Investors Prevails on the Interest of the Host State (or almost so): The Perenco v. Ecuador Case by Martina Di Lollo -- Part IV – State and Enterprise in State Capitalist Economies: Emerging Rules on Fair Trade and Reform of State-owned Enterprises in China by Qingjiang Kong -- White Stains of State Support Measures for Small and Medium-Sized Businesses in Russia by Kseniya Tyurenkova -- Reflections on Foreign Investment and the New Subjects on the Cuban Economy by Freddy Andrés Hung Gil -- Part V – Conclusion: Final Remarks by Diego Corapi.
    Abstract: This book addresses the regulation of the State/Enterprise relationship in the framework of international economic context. It analyzes this relationship from the discrete perspectives of conflict, cooperation, and integration in contributions by authors representing a diverse range of legal cultures and political backgrounds. The topic is investigated following three approaches: • State versus Enterprise (the State which bans, restricts, or regulates the activities of Enterprises, both domestic and foreign); • Enterprise versus State (the Enterprises, main actors of commercial, industrial or financial initiatives, which may directly or indirectly affect the legal and economic structure of the State); • State as Enterprise and Enterprise as State (public Enterprises under political control that pursue geopolitical goals, and Enterprises that rely on the political, financial, and strategic support of the State for their business expansion). Furthermore, the volume includes a special focus on the relationship State/Enterprise in non-capitalist economies (China, Russia, and Cuba). .
    DOI: 10.1007/978-3-031-10473-2
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  • 39
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    Covid-19 and Insurance (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031137532
    Language: English
    Pages: 1 Online-Ressource(XIII, 343 p. 2 illus.)
    Edition: 1st ed. 2023.
    Series Statement: AIDA Europe Research Series on Insurance Law and Regulation 7
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
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    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Commercial law. ; European Economic Community. ; Civil rights. ; European communities. ; Medical laws and legislation. ; Public health.
    Abstract: .-Insurance Developments in the Light of the Occurrence of the COVID-19 Pandemic.-Understanding Parametric Insurance: A Potential Tool to Help Manage Pandemic -- Business Interruption Insurance and COVID-19: A Critical Analysis of the Jurisprudence and the Response of the Spanish Insurance Sector -- COVID-19 and Business Interruption Coverage in the U.S.: an Example of Judicial Regulation -- American Exceptionalism: The COVID-19 Insurance Experience -- Business as (Un-) Usual. The Evolution of German Insurance Law and Especially Insurance Supervisory Law in the Time of COVID-19 -- Impact of COVID-19 on the Latin American Insurance and Reinsurance Market -- COVID-19 Treatment Refusal: Medical Liability Insurance in Greece in light of the Oviedo Convention -- The Influence of COVID-19 on Life insurance. Polish Market Perspective -- Impact of COVID-19 on Travel and Health Insurance -- The Impact of the COVID-19 Pandemic on the Sports Industry and Sports Insurance. Case of Novak Djokovic and Australian Open Tennis Tournament 2022 -- Directors & Officers Insurance and COVID-19: Future Exclusions with Retroactive Application.
    Abstract: This book offers a novel study on the impact of the Covid-19 pandemic on insurance from an international and comparative perspective. It assesses how insurance has to adapt to a new landscape, the effects of which will last over time and cut across all areas of the field. To avoid physical contact, digitalisation has accelerated dramatically, affecting insurance in all its phases: risk selection, underwriting, pricing and claims settlement. However, the effects of the Covid-19 pandemic go far beyond that. The extent to which a claim caused directly or indirectly by the virus is or is not covered by a given policy has been the subject of debate in many insurance branches. The most litigated cases worldwide are those that concern damages resulting from business interruption due to restrictions enforced by the authorities in virtually every country. This book analyses the rulings (for and against the insured) that have already been handed down by courts in various jurisdictions (for example in the US, Latin America, Spain and Germany), in order to provide guidance to the parties in future lawsuits and also to guide the courts’ own responses. This analysis extends to the measures that governments have taken in relation to insurance during the pandemic, as well as the changes that insurers have introduced in their general conditions to exclude coverage for the pandemic. This response is unsatisfactory, as the big question is how pandemic-related risks can be covered if private insurers simply refuse to do so. Solutions based on risk sharing with public entities or the use of contractual modalities such as parametric insurance are among those outlined by the authors. The book was written by experts from academia and lawyers specialising in this field, and written for all those interested in the field of insurance: lawyers, judges, academics and legal professionals.
    DOI: 10.1007/978-3-031-13753-2
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  • 40
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    Constitutional Framework of European Labour Law in Italy, France, Germany, Portugal and Spain (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031457173
    Language: English
    Pages: 1 Online-Ressource(XI, 153 p.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
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    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Social legislation.
    Abstract: 1.Introduction -- 2.Constitutionalisation of Labour Law -- 3.Horizontal application of fundamental rights -- 4.Collective Labour Law -- 5.Individual Labour Law.
    Abstract: The challenges that labour law currently faces are well known. The emergence of new forms of work and the growing importance of technology in the age of the Fourth Industrial Revolution are important tests of the resilience of this field of law and its function: regulating the labour market. Therefore, it is becoming increasingly important to examine the fundamentals of labour law, especially how subordinate labour is addressed in various countries’ constitutions, in order to focus the analysis of the new phenomena affecting labour relations on their fundamental frameworks. In this context, this book puts forward an overarching framework that reflects how the Italian, German, French, Portuguese, and Spanish constitutions view labour in terms of both collective and individual relations – particularly the right to collective bargaining, the right to strikes and lock-outs, job security, and the right to remuneration – without losing sight of each Constitution's historical and political context. The aim of this book is therefore to provide an overview of the labour law frameworks in the constitutions of these legal systems and to show, by means of practical examples, how the law concretely implements them. Accordingly, it provides notes on the legal treatment of the topics analysed, serving as a practical guide for the study of these matters in the respective jurisdictions. This book will be of interest to all students and scholars of labour law looking for an overview of the topics covered in all five jurisdictions.
    DOI: 10.1007/978-3-031-45717-3
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  • 41
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    Religious Pluralism and Law in Contemporary Brazil (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031419812
    Language: English
    Pages: 1 Online-Ressource(IX, 231 p.)
    Edition: 1st ed. 2023.
    Series Statement: Law and Religion in a Global Context 4
    Parallel Title: Erscheint auch als
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    Keywords: Human rights. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law.
    Abstract: Introduction: Religious Pluralism and Law in Contemporary Brazil -- Part I Pluralism: minority rights, religious freedom and secularism -- Religion and Laicity in Dispute: Two Categories Under Construction in Brazil’s legal Debate on Religious Education in Public Schools -- Evangelical jurists and human rights in Brazil: a case study of the National Association of Evangelical Jurists (ANAJURE) -- Formalizing religious intolerance in police records: a picture of a (de)construction problem -- Evangelicals Against the Criminalization of Homophobia: The “Christian Majority" and the Dispute Over Public Morality -- “It is not solved just by writing it down on paper”: patrimonialization policies and the religious use of ayahuasca as a Brazilian intangible cultural heritage -- Part II Human Rights as Language -- Controversies in Brazil’s Supreme Court over when human life begins -- Quilombola communities and the right to land ownership: notes on a legal controversy in the Supreme Federal Court -- Human rights and their policy-visibility in producing a public Islam in Brazil -- Human rights and works of the imagination: an ethnography of the first ordained transgender reverend in Latin America.
    Abstract: This book represents a unique contribution to understanding the interactions between law and religion in contemporary Brazil. It analyzes how the regulation of religions according to the classical notion of secularism has become a source of tensions since the 1990s. Against this background, the respective chapters demonstrate, on the basis of various case studies, how the constitutional principle of pluralism, introduced by the 1988 federal constitution after a military dictatorship, has been addressed by new political actors, such as religious leaders, parliamentarians, influencers, state representatives, and activists. In particular, the chapters demonstrate how the mobilization of legal language, notably the language of human rights, has become fundamental to developing and consolidating new political agendas concerning secularism, tolerance, freedom of expression, gender and sexuality, family, and cultural heritage. In the authors’ approach, human rights assume a central role in social disputes as a language in which actors constitute themselves as rights subjects, form activist networks, and pursue their goals by expressing themselves in public. Given its focus and scope, the book will be of interest to all scholars seeking to understand the relationships between diversity and the regulation of religious practices in plural societies, where the classical notion of secularism continues to show its limitations.
    DOI: 10.1007/978-3-031-41981-2
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  • 42
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    Human Rights Protection and Ius Puniendi : Perspectives from Central East Europe and Latin American Countries (2023)
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    Details
    ISBN: 9783031412530
    Language: English
    Pages: 1 Online-Ressource(XIII, 148 p. 7 illus., 6 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: European Union and its Neighbours in a Globalized World 11
    Parallel Title: Erscheint auch als
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    Keywords: Human rights. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Civil rights. ; European communities.
    Abstract: Introduction -- Human rights in the context of post-conviction preventive detention in Poland -- Execution of a prison sentence. International standards - the local perspective -- Rehabilitation vs. Retribution/Repression: An Introduction to Systemic Contradictions in the Czech Penitentiary System -- Restorative vs punitive approach. Eight fundamental principles of juvenile delinquency prevention -- Human rights in Chilean prisons: advances, setbacks and challenges for prison reform -- Crisis of the penitentiary system in Peru in light of the fight against drugs -- Prisons in Argentina and challenges of human rights -- Penitentiary system and community justice in Mexico -- Conclusions.
    Abstract: This book examines human rights and penitentiary law in Central Eastern European and Latin American countries from a comparative perspective. How are penitentiary systems and human rights currently being transformed in both regions? This question guides contributors hailing from both Central Eastern Europe and Latin America, filling the gaps at both the international and national level. The book compares Central Eastern European countries with Latin American countries, shedding new light on similarities and differences alike. The main themes of this book are the analysis of penitentiary systems in different countries and a general analysis of criminal and criminological issues. The respective chapters examine how penitentiary laws are changing within different contexts and regulatory regimes. The book seeks to cross boundaries to understand new divisions, fragmentations, and forms of authoritarianism in today’s world, more specifically in Poland, North Macedonia, Chile, Argentina, Peru and Mexico.
    DOI: 10.1007/978-3-031-41253-0
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  • 43
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    Environmental Counterclaims in Investment Arbitration : Deconstructing the Requirements of Jurisdiction, Connection and Cause of Action (2023)
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    Details
    ISBN: 9783031463914
    Language: English
    Pages: 1 Online-Ressource(XIII, 319 p. 2 illus., 1 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: EYIEL Monographs - Studies in European and International Economic Law 34
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    Keywords: Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law). ; International law. ; Trade regulation. ; Environmental law, International.
    Abstract: Introduction -- The Contextualisation of Environmental Counterclaims – A Comparative Perspective -- Jurisdiction over Environmental Counterclaims – The Puzzle of Consent -- The Assessment of the Connection Requirement for Environmental Counterclaims -- Searching a Cause of Action for Environmental Counterclaims -- Conclusions.
    Abstract: This book critically analyses the availability of environmental counterclaims in investment arbitration presented by the respondent host state against the claimant investor. It starts from the premise that the conflicting relation between investment law and environmental protection cannot always be avoided. Yet, the instrument of environmental counterclaims in investment arbitration might alleviate such relation. Throughout its chapters, this book addresses the questions about the societal and practical relevance of seeking redress for environmental damage in investment arbitration, the functioning of such instrument both in contract-based and treaty-based investment arbitration, the suitability of arbitral tribunals to rule upon environmental issues, and the kind of environmental damages that could be redressed. Most importantly, by deconstructing the requirements of jurisdiction, connection between main claim and counterclaim, and cause of action, this book provides the tools for the re-conceptualisation of the instrument of counterclaims with the hope of harnessing its utility to achieve appropriate redress for environmental damages caused by foreign investors.
    DOI: 10.1007/978-3-031-46391-4
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  • 44
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    The Parthenon Marbles and International Law (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031263576
    Language: English
    Pages: 1 Online-Ressource(XVIII, 311 p. 5 illus. in color.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
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    Keywords: Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law). ; International law. ; Cultural property.
    Abstract: Introduction -- Part One: The Facts -- The Parthenon -- Elgin and the Marbles -- The Acquisition of the Marbles by the UK Government -- Greek Demands for Return -- The British Museum and the Marbles -- Part Two: Access to Dispute Settlement -- What Method of Dispute Settlement? -- Issues of Jurisdiction and Admissibility -- Part Three: The Law Applicable to the Substance of the Dispute -- Treaty Law -- Customary International Law -- Part Four: Time Future -- Conclusion: Homecoming -- Annex.
    Abstract: The Parthenon marbles case is the most famous international cultural heritage dispute concerning repatriation of looted antiquities, the Parthenon marbles in the British Museum’s ‘Elgin Collection’. The case has polarised observers ever since Elgin had the marbles hacked out of the ancient temple at the turn of the 19th century in Ottoman-occupied Athens. In 1816, a debt-stricken Elgin sold the marbles to the British government, which subsequently entrusted them to the British Museum, where they have remained since then. Much ink has been spilled on the Parthenon marbles. The ethical and cultural merits of their repatriation have been fiercely debated for years. But what has generally not been considered are the legal merits of their return in light of contemporary international law. This book is the first in legal scholarship to provide an international law perspective of the cause célèbre of international cultural heritage disputes and, in doing so, to clarify the new customary international law on the return of cultural property unlawfully removed from its original context. The book is a unique reference work on the legal case for the return of the Parthenon marbles and the new normative framework for the protection of cultural heritage. This is a book that must be read with attention by all parties to this debate; and it is my hope and belief that it will accelerate the process by which an art-loving and philhellenic Britain finds a consensual way to return to its ancient ally a collection of broken and decontextualised fragments which illuminate a moment two and a half millennia ago when the city that pioneered democracy created a monument of transcendent beauty which embodied the values that inspire us still. Andrew Wallace-Hadrill, Emeritus Professor and Director of Research, Faculty of Classics, University of Cambridge Catharine Titi, a brilliant Greek academic lawyer based in Paris, has written a superb, entirely fresh account of the seemingly interminable ‘Elgin Marbles’ controversy. Cutting through the swathes of ideological obfuscation, she patiently and incontrovertibly demonstrates just how shaky in international law is the UK’s case not alone for retention but even for the original possession let alone ownership of the Sculptures held in the British Museum. Paul Cartledge, AG Leventis Professor of Greek Culture emeritus, University of Cambridge.
    DOI: 10.1007/978-3-031-26357-6
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  • 45
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    Western Constitutionalism : History, Institutions, Comparative Law (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031408724
    Language: English
    Pages: 1 Online-Ressource(XI, 323 p.)
    Edition: 3rd ed. 2023.
    Parallel Title: Erscheint auch als
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    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Constitutional law. ; Political science.
    Abstract: The Forge of Constitutionalism -- Achievements: Constitutionalism in the Age of the Modern Revolutions -- The Different Paths of Western Constitutional Law in the 19th Century -- Constitutionalism in the Age of Democratization -- Framing Constitutional Democracy: The Anglo-American Experience -- Framing Constitutional Democracy: The European Experience -- The European Constitutional Space: The European Convention on Human Rights and the European Union -- The Worldwide Expansion of Constitutional Democracy.
    Abstract: This book explores the theoretical origins, historical foundation, political meaning, and legal development of western constitutionalism, as well as the structure and transformation of constitutional law in the Western World. Introducing the historical background of western constitutional traditions, it links this rich, conceptual framework with the legal arrangements of states’ constitutions and the current trends of the internationalization of constitutional law. Serving as a comprehensive introduction to constitutional studies, this book provides detailed information on the design of legal systems, while addressing the main critical, theoretical issues raised by constitutionalism in western democracies and in the global landscape. This new, third edition covers a broader scope, reflecting recent political and legal transformations, and is enriched in terms of didactic instruments for university students.
    DOI: 10.1007/978-3-031-40872-4
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  • 46
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    Soil Law and Governance in India (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031323607
    Language: English
    Pages: 1 Online-Ressource(XIV, 211 p. 3 illus., 2 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Regional Perspectives
    Parallel Title: Erscheint auch als
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    Keywords: Environmental law, International. ; Soil science. ; Environmental Law. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Ecology .
    Abstract: I. GLOBAL FRAMEWORK -- Land-Soil Sustainability and India’s International Obligations -- II. SOIL DEGRADATION IN INDIA -- Soil Degradation in India: Challenge and Response -- Combating Soil Degradation: Policy Relevant Perspectives -- III. EXISTING LEGAL FRAMEWORK -- Soil Protection through Watershed Approaches: A Legal Perspective -- Agriculture Policy, Law and Institutions: Relevance for Soil Degradation -- Forest Policy, Law and Institutions: Relevance for Soil Degradation -- Role of Women in Sustainable Soil Management: Some Legal Issues -- Role of the Community in Sustainable Soil Management: A Legal Perspective -- IV. PERSPECTIVES -- Land Use Planning as a Necessity -- Soil Protection through Watershed Development: A Grassroots Perspective.
    Abstract: This curated book addresses, in the scholarly realm, the problems of soil degradation and provides some practical solutions for them to save soil life. It comprises ten specially invited chapters that address the global soil framework, soil challenges in India, existing policy, law and institutional framework as well as other perspectives. Soil is our biological capital. The soil health is critical for survival of the humans (and other life forms) since almost 95% of our food comes from it. It also has significant potential as a sink for carbon through sequestering. Excessive and inappropriate land use leads to various forms of land degradation that becomes contributing factor for hunger, migration and even wars. There are several multilateral environmental agreements (MEAs) including UN Convention to Combat Desertification (UNCCD) that hold relevance for addressing the global soil problematique. The UNCCD Strategic Framework (2018-2030) has declared desertification/land degradation and drought (DLDD) as “challenges of a global dimension”. As a result, sustainable soil management (SSM) has emerged as an important goal for attaining Sustainable Development Goals 2030 (SDGs 2030). In the backdrop of these globally ordained processes, India appears to be seriously pursuing the Land Degradation Neutrality (LDN) target within the framework of the UNCCD. As a corollary, India has set an ambitious goal of halting any further land degradation by 2030 and rehabilitate at least 30 million hectares of degraded wasteland, forest land and agricultural land. This ideational effort by eminent legal scholars, soil scientists and practitioners aim to promote concerted teaching and research in the field of soil law and governance in the University Faculties of Law, National Law Schools, Institutions of Eminence and other legal and scientific bodies. The ‘seeds sown’ in the soil of knowledge through this effort will, hopefully, provide an impetus for more in-depth research concerning soil law and governance in India and beyond.
    DOI: 10.1007/978-3-031-32360-7
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  • 47
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    Financial Inclusion and Digital Transformation Regulatory Practices in Selected SADC Countries : South Africa, Namibia, Botswana and Zimbabwe (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031238635
    Language: English
    Pages: 1 Online-Ressource(XII, 374 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Ius Gentium: Comparative Perspectives on Law and Justice 106
    Parallel Title: Erscheint auch als
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    Parallel Title: Erscheint auch als
    Keywords: Finance—Law and legislation. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Commercial law. ; Finance
    Abstract: Financial Inclusion as an Enabler of United Nations Sustainable Development Goals in the 21ST Century: An Introduction -- Towards an International Financial Inclusion Strategy, Institutional Frameworks and Enforcement: Setting Regulatory Benchmarks for the SADC Countries -- Facilitating Financial Inclusion Through the Development of a Decentralised Cryptocurrencies’ Regulatory Regime in South Africa, Zimbabwe and Botswana -- The Role of Corporate Directorship in Financial Inclusion within Selected SADC Countries -- Financial Inclusion and Persons Living with Disabilities in Zambia: Reality versus Rhetoric -- The Prospects and Challenges for Mobile Money Regulation and the Promotion of Financial Inclusion in Zimbabwe -- Land Reform and Financial Inclusion Challenges in South Africa -- Exploring Digital Financial Inclusion Strategies for Urban and Rural Communities in Botswana, Namibia, South Africa and Zimbabwe -- A ‘Social Justice’ Movement in the Banking Industry? Banking, Competition and Financial Inclusion in South Africa with Insights from Zimbabwe -- Intra-African Trade and the AFCFTA: A Law and Economics Perspective -- Retirement Funding and Financial Inclusion in South Africa: A Contrary Policy Approach -- Mobile Fin-Tech Ecosystem Shaping Financial Inclusion in Zimbabwean Banking and Financial Services Markets -- Financial Inclusion Challenges and Prospects during the COVID-19 Pandemic: Insights from Botswana, Namibia, South Africa and Zimbabwe -- Financial Inclusion and the Small-Scale Fisheries Sector in Namibia: A Contemporary Legal Perspective -- Barriers to Integrating Financial Inclusion for Coastal Small-Scale Fishermen into Namibian Fisheries Policies and Regulatory Frameworks -- Policy and Regulatory Frameworks for Financial Inclusion in South Africa, Botswana, Namibia and Zimbabwe.
    Abstract: This book investigates the regulation and promotion of financial inclusion and provides a comparative analysis of the regulation, promotion and enforcement of the relevant laws in the SADC (in particular, South Africa, Namibia, Botswana and Zimbabwe), as well as the challenges of financial inclusion. In turn, it evaluates financial inclusion in the context of specific challenges faced by unbanked and underbanked customers, who are easy targets for cyber criminals because they tend to have lower levels of digital literacy. The book presents novel discussions that identify the challenges and flaws associated with the enforcement of financial inclusion laws and related measures intended to promote financial inclusion in the SADC region. This is primarily done in order to reveal the current strengths and weaknesses of financial inclusion laws in relation to certain aspects of the companies, securities and financial markets in the region. For example, there is no common financial inclusion instrument/law that is effectively and uniformly applied throughout the SADC. This has impeded the enforcement authorities’ efforts to effectively combat financial exclusion across the region. The book is likely the most comprehensive study to date on the regulation and promotion of financial inclusion in the SADC region and fills a major gap in SADC and African legal jurisprudence. As such, it offers a valuable asset for policymakers, attorneys, bankers, securities (share) holders, and other market participants who deal with financial inclusion, as well as undergraduate and graduate students interested in the topic.
    DOI: 10.1007/978-3-031-23863-5
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    The Right to Research in Africa : Exploring the Copyright and Human Rights Interface (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031332821
    Language: English
    Pages: 1 Online-Ressource(XVI, 106 p.)
    Edition: 1st ed. 2023.
    Series Statement: SpringerBriefs in Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Information technology—Law and legislation. ; Mass media—Law and legislation. ; Africa—Politics and government. ; Human rights. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Information technology ; Mass media ; Africa
    Abstract: The Right to Research in Africa: An Overview of the Context and Issues for Consideration -- Research and the Copyright Challenge to Access to Information in Africa -- Distilling the Right to Research from International and Regional Human Rights Frameworks -- Sampling the Right to Research in National Constitutions and Bills of Rights in Africa -- The Right to Research: Is it Necessary and Justifiable in the African Context?.
    Abstract: This book formulates a human right to research in Africa based on an in-depth examination of the available international and regional human rights instruments as well as those relevant to the national contexts of African countries. The imbalances in the African copyright ecosystem regarding access to information for research and education became painfully apparent during the COVID-19 pandemic. African libraries and knowledge curators found themselves ill-equipped to perform their role of enabling access to information. As teaching, learning and research are increasingly done on digital platforms, learners and researchers continue to grapple with the challenges of accessing materials owing largely to the protection of these resources under copyright law. Access to information, which is needed in order to exercise the right to science and culture, faces a significant challenge posed by the exercising of exclusive rights by copyright owners without a legal mechanism that properly balances copyright from a human rights perspective. To achieve such a balance, there is an urgent need to revise the African copyright system from the perspective of human rights law. Can it be done by establishing a human right to research? In view of the existing broad freedom of expression, and the right to science and culture, education, and property in global, national and regional human rights regimes, is a specific right to research in Africa necessary and justifiable? If so, what should its minimum core components be? Are there international and national regimes already in place that could support the formulation of a human right to research in Africa? This book offers a valuable resource for law- and policymakers in the fields of copyright and human rights, judges, lawyers, public interest groups, researchers and students, librarians and authors, as well as the general public.
    DOI: 10.1007/978-3-031-33282-1
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  • 49
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    Antitrust in Data Driven Markets & Legal Framework for Influencers, Native Advertising and Control over the Use of AI in Marketing (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031074226
    Language: English
    Pages: 1 Online-Ressource(XVII, 457 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: LIDC Contributions on Antitrust Law, Intellectual Property and Unfair Competition
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Information technology—Law and legislation. ; Mass media—Law and legislation. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Artificial intelligence. ; Telemarketing. ; Internet marketing. ; Big data. ; Trade regulation. ; Mass media ; Information technology
    Abstract: Part I: Antitrust in Data Driven Markets -- International Report -- Australia -- Austria -- Belgium -- France -- Germany -- Hungary -- Norway -- Switzerland -- United Kingdom -- Part II: Legal Framework for Influencers, Native Advertising and Control over the use of AI in Marketing -- International Report -- Austria -- Brazil -- Germany -- Hungary.
    Abstract: This book gathers contributions from a broad range of jurisdictions, written by practitioners and academics alike, and offers an unparalleled comparative view of key issues in competition law, intellectual property and unfair competition law, with a specific focus on the use of personal data. The first part focuses on the role of competition law in shaping the digital economy. It discusses the use of personal data, the market power of platforms, the assessment of free services, and more broadly the responsibility of dominant companies in the smooth functioning of the digital economy. In turn, the second part sheds light on how the conduct of influencers, native advertising and the use of AI for marketing purposes can be controlled by the law, focusing on the use of personal data and the impact of behavioral advertising on consumers. In this regard, the book brings together the current legal responses across a number of European and other countries, all summarized and elaborated on in the form of two international reports. The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.
    DOI: 10.1007/978-3-031-07422-6
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  • 50
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    Trade Secrets Legal Protection : From a Comparative Analysis of US and EU Law to a New Model of Understanding (2023)
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    Details
    ISBN: 9783031267864
    Language: English
    Pages: 1 Online-Ressource(XXI, 501 p. 6 illus., 2 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Munich Studies on Innovation and Competition 19
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Information technology—Law and legislation. ; Mass media—Law and legislation. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Commercial law. ; Mass media ; Information technology
    Abstract: Part I: Trade Secrets Legal Protection in the US and in the UE: AnAarea of Law in Search of Coherence -- Introduction to Part 1 -- Premise – Intellectual Property and Unfair Competition: Two Regulatory Paradigms With Different Purposes and Apparatus -- Trade Secrets Subject Matter: A Broad and Blurred International Consensus -- Trade Secrets Legal Apprehension: An Uncertain Normative Framework -- Part II: Redefining Trade Secrets Law by Differentiating Between Two Different Legal Objects: The Secret Sphere and the Secret Pieces of Information -- Introduction to Part 2 -- Premise – The Absence of Clear Theoretical Foundations -- The Legal Protection of Undertaking's Secret Sphere as a Necessity For The Functioning of the Market Economy -- The Legal Apprehension of Secret Pieces of Information as Immaterial Goods Regulation -- Conclusion – The Distinction between the Secret Sphere and Secret Pieces of Information: The Need of a New Conceptual Model for Trade Secrets Law -- Part 3 - Conclusion -- General Conclusion -- Part 4 Summaries -- German Summary -- French Summary -- Bibliography.
    Abstract: Despite the economic relevance of trade secrets, their legal protection is not based on a robust theoretical corpus, and a large uncertainty remains regarding how they should be legally apprehended. The present book investigates the foundations of their legal protection by assessing its justifications and aims to define how this legal apprehension should be organized. The book starts with a comparative analysis of the US and the EU legal frameworks. It demonstrates the parentship existing between the two systems of protection and highlights that the incremental structuring of trade secrets protection has led to legal systems lacking broad-based conceptual foundations. In both legal orders, trade secrets rely on blurred protection, formally anchored in unfair competition, the strength of which, however, comes closer to that offered by intellectual property law. In this convoluted architecture, the judiciary is required to play a decisive role, especially at the enforcement stage. However, the absence of clarity concerning the telos of trade secrets protection leads to legal uncertainty, potentially incoherent enforcement, and, all in all, to inefficient outcomes from a welfare perspective. The book then explores a theoretical framework based on a distinction between two legal objects: the undertakings’ secret sphere and secret pieces of information. Securing the undertakings’ secret sphere appears as a condition for the competition process to happen in an economy working under structural uncertainty. It requires objective regulations enforced by public authorities. On the other hand, the legal apprehension of secret pieces of information should be considered as falling within the realm of immaterial goods regulation aiming to solve the deficit of marketability of this type of good. This might call – after conducting a careful policy trade-off – for the establishment of relative (i.e. inter partes) subjective rights.
    DOI: 10.1007/978-3-031-26786-4
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    Artificial Intelligence and Machine Learning Powered Public Service Delivery in Estonia : Opportunities and Legal Challenges (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031196676
    Language: English
    Pages: 1 Online-Ressource(XXI, 237 p.)
    Edition: 1st ed. 2023.
    Series Statement: Data Science, Machine Intelligence, and Law 2
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
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    Keywords: Information technology—Law and legislation. ; Mass media—Law and legislation. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Artificial intelligence. ; Administrative law. ; Information technology ; Mass media
    Abstract: 1. Introduction -- 2. The Promise and Perils of AI and ML in Public Administration -- 3.The Regulatory Framework in Overview -- 4. Privacy Issues: Processing Personal Data, Monitoring, and Profiling Citizens -- 5. Delegation of Administrative Powers to AI Systems -- 6. Due Process, Fair Trial, Transparency, and Explainability -- 7. Fairness and Equal Treatment -- 8. Safety and Security -- 9. Accountability and Liability -- 10. Intellectual Property Rights and Data Ownership -- 11. Final Conclusions and Recommendations.
    Abstract: This book gives a comprehensive overview of the state of Artificial Intelligence (AI), especially machine learning (ML) applications in public service delivery in Estonia, discussing the manifold ethical and legal issues that arise under both European and Estonian law. Final conclusions and recommendations set out and analyze various policy options for the public sector, taking into account recent developments at the European level – such as the AIA proposal – as well as the experience of countries that have issued principles and guidelines or even laws for the use of ML in the public sector. “For two reasons, this study is relevant not only for an audience which is interested in Estonian administrative law. First, the authors base their legal analysis primarily on EU law and provide a state of the art-analysis of the relevant secondary legislation. This makes the book a reference text for the European debate on public sector AI governance. Second, this study is part of a larger research project in which four specific use cases of public sector AI have been developed and tested. The practical insights gained in these projects have provided the authors with an excellent understanding of the opportunities and risks of the technology, which distinguishes this legal analysis from similar enterprises.” Excerpt from the foreword by Professor Thomas Wischmeyer (University of Bielefeld) .
    DOI: 10.1007/978-3-031-19667-6
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    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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    Regional Approaches to the Energy Transition : A Multidisciplinary Perspective (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031193583
    Language: English
    Pages: 1 Online-Ressource(X, 315 p. 1 illus.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
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    Keywords: Law—Europe. ; International law. ; Environmental law, International. ; Renewable energy sources. ; Economics. ; Power resources. ; Energy policy. ; Law
    Abstract: The European Union and Renewable Energy Policies -- A Few Words on the Energy-related Considerations -- The Environment in Contemporary Constitutionalism -- The Italian Energy Transition in a Human Rights Perspective -- Beyond the Energy Transition and Towards a Just Transition -- Wind of Change: A Scandinavian Perspective on Energy Transition and the ‘Greenification’ of the Oil and Gas Sector -- Green Deal and Regionalisation -- Energy Auction in the European Union with Specific Reference to Member State Practice in Germany and France -- The Energy Transition and the Use of EU Funds in the Spanish and Italian Legal Systems -- State and Market in China’s Coal-to-Gas Transition -- Tendencies in Regulatory Framework of Renewable Energy in Russia -- Energy Ttransition and Latin-American Countries: example Cuba: Looking for Interconnections with Food Sovereignty -- Is there a Regional Approach to the Energy Transition in Sub-Saharan Africa? -- Ineluctable Transnationalism, and the Regional Approach to the Energy Transition -- From Coal to Climate Change: An Australian Perspective on the Energy Transition -- A Comparative Analysis of Electricity Access Initiatives in Sub-Saharan Africa.
    Abstract: The book"Regional Approaches to the Energy Transition", discusses the key challenges the energy transition is facing at the European and International level. It is an edited collection gathering contributions from the experts in the field bringing together internationally renowned scholars, researchers, EU officials to address the current trends in the energy transition and its dilemmas. The book places the energy transition in a wide interdisciplinary context. It looks at energy policies, legal framework, regional strategies and the difficulties in their implementation. It argues for a regional approach to the energy transition, questioning at the same time the strategies and measures put forward for its realisation. The subject matter is topical, considering recent themes that occupy global and European political agendas. In a nutshell, the volume offers insights into regional regulations, public policies and local practices on the use of clean energy. It looks first at the EU commitment and its initiatives providing some examples from the Member States. Furthermore, it offers a comparative perspective and discusses the different approaches to the energy transition from Latin America, China, Africa and Australia. It covers a wide range of topics such as the EU renewable energy policies, Green Deal and regionalisation, energy auctions in the EU, environment in contemporary constitutionalism, Human Rights considerations, the Scandinavian perspective, practical examples from Italy and Spain. Moreover, it also considers the global context, looking at State and Market in China's coal-to-gas transition, tendencies of legal regulation in the sphere of renewable energy in Russia, the energy transition in Latin-American countries, regional approach to the energy transition and electricity access initiatives in Sub-Saharan Africa, and transnationalism and the regional approach to the energy transition in Australia. The systematisation that this book offers and the exchange of good practices and experiences are useful tools for the key players to seriously engage with a just and sustainable energy transition. The proposed book is a reference and study material for academics and students, but also for the policy makers, officials and practitioners dealing with the energy transition. It provides some answers, potential solutions and alternatives to the main problems that the energy sector is facing worldwide.
    DOI: 10.1007/978-3-031-19358-3
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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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    Transnational Securities Regulation : How it Works, Who Shapes it (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031180637
    Language: English
    Pages: 1 Online-Ressource(XVII, 507 p.)
    Edition: 1st ed. 2023.
    Series Statement: LCF Studies in Commercial and Financial Law 3
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
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    Keywords: Law—Europe. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Trade regulation. ; Law
    Abstract: Introduction -- PART I Transnational Securities Regulation: How it Works -- IOSCO: Evolution, Nature, and Governance -- IOSCO in the International Financial Architecture -- Standard-Making, Accountability, and Legitimacy -- Combined Techniques for the Implementation of Securities Standards -- A Mechanism for the Coordination of Cross-border Enforcement -- PART II Transnational Securities Regulation: Who Shapes it -- The Involvement of Regulatory Powers in IOSCO -- Horizontal Standards: Harmonizing Principles and Conflicts of Securities Regulation -- Vertical Standards Addressed to Public Authorities -- Vertical Standards Addressed to Private Parties -- Vertical Standards Set in Concert with Other Institutions -- PART III Conclusions -- Perspectives Around Transnational Securities Regulation.
    Abstract: The book provides an analysis of the emergence, evolution, and transformation of transnational securities regulation and of the influences from and the interactions between global regulatory powers in the field. Combining insights from law and political science, the work employs a two-tier complementary "on-the-books" and "in-action” approach. The more classical "on-the-books" approach draws on scholarship in United States and European Union securities regulation; transnational regulation and global administrative law; regime complexity; global governance studies; and the regulatory production of the International Organisation of Securities Commissions (IOSCO). The law in-action approach leverages the author’s experience as Compliance senior professional in a multinational financial institution as well as research interviews with senior IOSCO staff. The author’s findings enable the reader to develop an original understanding of IOSCO, its standards, and its unique place in the transnational regulatory arena. They also challenge the doxa that the US are the only driving regulatory power in the securities area when in fact, other regulatory powers are emerging – for the time being, the EU. The balance has shifted and regulatory compromises are achieved at different points in the rule making process.
    DOI: 10.1007/978-3-031-18063-7
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    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
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    Keywords: Information technology—Law and legislation. ; Mass media—Law and legislation. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; 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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    Space Fostering Latin American Societies : Developing the Latin American Continent Through Space, Part 4 (2023)
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    Details
    ISBN: 9783031206757
    Language: English
    Pages: 1 Online-Ressource(VI, 193 p. 76 illus., 64 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Southern Space Studies
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Aeronautics—Law and legislation. ; Outer space—Exploration. ; Latin America—Economic conditions. ; Law of the sea. ; International law. ; Astronautics. ; Outer space ; Aeronautics ; Latin America
    Abstract: Space as a Tool for Development in Brazil: A Law and Development Perspective -- Honduras in Space So Far: A Central American Approach -- Democracy Through Connectivity: How Satellite Telecommunication Can Bridge the Digital Divide in Latin America -- Social Sustainability: A Challenge for the Supply Chain of the Mexican Space Sector -- Bolivian CanSat Contest: Promoting Space Science and Technology -- Dynamic Computational Analysis of a Cubesat Structure to Test a New Material for a Space-Radiation Protection Shield -- Lessons Learned on the Thermal Analysis of a Cubesat Using the Finite Element Method -- K’oto Project a Cubesat Design: Methodology and Development. .
    Abstract: This peer-reviewed book presents a comprehensive overview of the role space is playing in enabling Latin America to fulfil its developmental aspirations. Following on from the highly acclaimed Parts 1 to 3, it explains how space and its applications can be used to support the development of the full range and diversity of Latin America societies, while being driven by Latin American goals. The Latin American space sector is currently undergoing a phase of rapid and dynamic expansion, with new actors entering the field and with space applications increasingly being used to support the continent’s social, economic, and political development. All across Latin America, attention is shifting to space as a fundamental part of the continental development agenda, and the creation of a Latin American space agency is evidence of this. Additionally, while in recent years, significant advances in economic and social development have lifted many of Latin America’s people out of poverty, there is still much that needs to be done to fulfil the basic needs of the population and to afford them the dignity they deserve. To this end, space is already being employed in diverse fields of human endeavour to serve Latin America’s goals for its future, but there is still a need for further incorporation of space systems and data. This book will appeal to researchers, professionals and students in fields such as space studies, international relations, governance, and social and rural development.
    DOI: 10.1007/978-3-031-20675-7
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  • 58
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    Restrictions of EU Competition Law in the Digital Age : The Meaning of 'Effects' in a Digital Economy (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031313394
    Language: English
    Pages: 1 Online-Ressource(XVII, 224 p. 3 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Studies in European Economic Law and Regulation 25
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Information technology—Law and legislation. ; Mass media—Law and legislation. ; Commercial law. ; European Economic Community. ; International law. ; Trade regulation. ; Information technology ; Mass media
    Abstract: Chapter 1 -- Introduction. Chapter 2 -- Competition Law, Economics and the 'More Economic Approach' – the Necessity of a Broader Perspective. Chapter 3 -- Effects and Article 101 TFEU. Chapter 4 -- Effects and Article 102 TFEU. Chapter 5 -- Particularities of the Digital Economy. Chapter 6 -- Competition Cases in the Digital Economy. Chapter 7 -- Conclusions.
    Abstract: This book offers an in-depth legal analysis concerning the notion of restrictions of competition, be it by object restrictions according to Article 101 TFEU or prima facie abusive practices treated according to the form-based approach under Article 102 TFEU. Although extensive research has been conducted on the notion of object infringements of competition, there is no systematic review of this topic covering both competition provisions, namely Articles 101 and 102 TFEU. This book fills that gap by providing an extensive analysis of the relevant case law, while also covering new phenomena stemming from the digital revolution and its impact on the functioning of traditional markets. In this regard, particular attention is paid to the concept of prima facie infringements and the analysis necessary for their successful establishment. Object restrictions and object abuses are not infringements per se in the sense that they can be established in the abstract and without consideration of the actual legal and economic context (context analysis) within which a measure is implemented. Hence, the indispensable context analysis is informed by the potential economic effects of a given measure. Examining the changes regarding the economic reality and how markets work in the digital economy, this book makes a valuable contribution to the current debate about whether our competition law toolkit is fit and proper to deal with the challenges posed by digitalization. The author argues that while there is a coherent framework covering both Treaty competition provisions as regards object restrictions of competition, the increased use of an actual effect analysis and thus the concept of a restriction of competition by effect represents an underestimated (and underused) weapon for combating measures that are ambivalent from a competition law perspective as regards their (anticompetitive or non-detrimental) nature in a digital economy.
    DOI: 10.1007/978-3-031-31339-4
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  • 59
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    Diversity of Enforcement Titles in the EU (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031471087
    Language: English
    Pages: 1 Online-Ressource(XII, 401 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Ius Gentium: Comparative Perspectives on Law and Justice 111
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Law
    Abstract: Part I: General Considerations and Classification of Enforcement Titles -- Enforcement Titles under Brussels I bis Regulation from National to EU Frameworks -- Enforcement titles in the EU: Common Core After All? -- Part II: Judgment -- Types of Judgments According to Different Criteria -- Is a Judgment Always a Judgment? A Dutch-Belgian Comparative Perspective -- Comparative View on the Divergence of Structure and Substance of Judgements -- Comparative Issues Concerning the Determination of Interest -- Part III: Effects of Judgments -- Effects of Judgments in Cross-Border Perspective -- Searching for Res Judicata at the Edges of National Procedural Autonomy -- The Effects of Judgments and Court Settlements in Cross-border Collective Redress and the Brussels I bis Regulation: Houston, We Have a Problem!.-Enforceability and Enforcement Appeals - Continental Law -- Pendency Rules -- Related Actions -- Provisional Measures with a Cross-Border Element: Their Issuance, Co-existence, Recognition, and Enforcement -- Part IV: Court Settlements and Authentic Instruments -- The European Dimension of Court Settlements: Open Issues and Regulatory Needs -- Authentic Instruments -- Part V: Other Cross-Border Considerations -- Due Process and Cross-Border Enforcement in Lithuania and Portugal -- Recognition and Enforcement of EU Enforcement Titles in Albania as ‘3rd Country’ and Vice-Versa.
    Abstract: This book examines the diversity of enforcement titles in cross-border debt collection, focusing on the types, structure, contents and effects of enforcement titles. It offers a comprehensive overview of judgments, court settlements and authentic instruments from a variety of EU Member States. It primarily employs the comparative legal method to draw conclusions on commonalities and differences, as well as prospects for future approximation of laws. The premise of the research is rooted in the finding that national authorities of EU Member States continue to treat enforcement titles from other Member States with reservations and mistrust despite being committed to the principle of mutual trust. The book identifies the issues of mistrust stemming from the diversity of enforcement titles. The research is based on a rich database of national reports compiled during the course of several large-scale EU Justice Projects. Divided into five parts, the book offers first some general considerations and presents attempts at a systemisation of enforcement titles. The following parts are then devoted to more specialised approaches toward the different types of enforcement titles. However, the connecting line between all parts of the book are the considerations of cross-border enforcement in the EU (and in a limited manner with third States). Herein, research also addresses critical factors regarding the free movement of judgments in the EU, including those of lis pendens and related actions. This book provides a valuable contribution to the Theory of European Civil Procedure. Since it is based on a comparative approach and employs both empirical and doctrinal viewpoints, it should also greatly benefit practitioners involved in cross-border dispute resolution. Overall, the findings should be of interest to a broad audience, including policymakers, judges, practitioners and scholars.
    DOI: 10.1007/978-3-031-47108-7
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  • 60
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    Gender Perspectives in Private Law (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031140921
    Language: English
    Pages: 1 Online-Ressource(XX, 242 p.)
    Edition: 1st ed. 2023.
    Series Statement: Gender Perspectives in Law 4
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law—Europe. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Identity politics. ; Sex. ; Law
    Abstract: Gender Issues in Private International Law -- The Reproduction of Gender Difference and Heteronormativity in Family Law -- Family Matters: Gender, Community and Personal Laws in India -- Compensation for Damages Suffered by Women Performing Unpaid Domestic Work -- The Best Interests of the Child and Gender Perspective -- Gender Perspective of Development of Labour Law -- Leading or Breeding; Looking Ahead – Gender Segregation in the Labour Market and the Equal Distribution of Family Responsibilities -- Legal Approaches to Protection Against Gender-Based Violence and Harassment at Work with a Particular Focus on the Situation in the Republic of North Macedonia -- Digital Work and Gender Equality -- Gender Discrimination: Procedural Issues Between Procedural Autonomy, EU Provisions and Effectiveness of Judicial Protection -- Gender Perspectives in Mediation.
    Abstract: This book discusses prominent and controversial gender-related issues across the fields of family law, tort law, labour law, civil procedure law, ADR and private international law. An important critical assumption made by the authors is that the gender equality perspective has been largely neglected in several branches of private law, since scholars researching the intersection between gender and legal studies are mostly focused on public law and human rights law. In light of that, the book contributes not only to the deconstruction of gender-blind private law, but also to the development of a gender-competent analysis of the key branches of private law, starting with private international law. Gender perspective in family law is analyzed on the basis of gendered and heteronormative operations of family law with reference to the formation of legally recognized relationships, the establishment of legal parenthood, the division of marital property after a divorce, and the arrangements for post-separation parenting. Also, regulation of family matters in Indian society and the gender equality perspective from the principle of the child’s best interest are considered. As far as tort law is concerned, the book addresses compensation for damages suffered by women performing unpaid household work. Further, it contains papers dedicated to the following labour law issues: the genesis of labor law and its capacity to contribute either to worsening gender inequality in the world of work or to promoting gender equality; gender segregation in the labour market and its connection to family-friendly policies in the European Union; sexual harassment at work; and the impact of work digitalization on gender-related labour law issues. Lastly, the authors analyze gender equality in civil procedural law, as well as in mediation as a tool for encouraging the peaceful settlement of disputes. The book is intended to improve awareness of the wide range of private law issues that are important for understanding the ways in which gender inequality shapes everyday experiences, while also presenting critical considerations of the key private law instruments for achieving gender equality.
    DOI: 10.1007/978-3-031-14092-1
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  • 61
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    Self-Determination and Secession : In Between the Law, Theory and Practice (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031343223
    Language: English
    Pages: 1 Online-Ressource(IX, 277 p.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law—Philosophy. ; Law—History. ; International law. ; Human rights. ; Law ; Law
    Abstract: Introduction -- PART I SELF-DETERMINATION OF PEOPLES -- Phases and developments of the concept of the self- determination of the peoples -- The right holders of self-determination -- Practicing the right to self-determination.-Ways and modalities for realization of the self – determination -- PART II SECESSION -- The phenomenon of secession -- The dynamics of secession -- The legitimacy of the secession claims -- The emergence of a secessionist entity -- PART THREE: INTERNAL SELF-DETERMINATION -- The internal aspect of the right to self-determination -- The social base for realization of internal self-determination -- Tools and forms for the realization of internal self-determination -- Systems of power sharing -- Part IV CONCLUSIONS -- Self – determination revisited.
    Abstract: This book offers a comprehensive summary of extant international law scholarship on the topics of self-determination and secession and positions the concepts among present-day theory and relevant practice, illustrated through various ongoing cases and historical examples. The right to self-determination is among the least understood rights within international law. Theoretical dilemmas – as to whether there is a link between self-determination and secession – are nothing new. In essence, self-determination is a much broader concept than secession and obtaining independent statehood. Unilateral secession is not prohibited by international law, but neither is it per se welcomed or accepted in practice. Beyond the context of decolonization, secession claims have long been viewed with disapproval in international law, and lawyers have been extremely skeptical about the issue. Although this is still the case, there are also new trends and opportunities to explore situations in which secession can be accepted, legitimized, or even legally permissible. The yardstick for this is the diplomatic response to secessionism and the growing involvement of the international community in mediation and conflict resolution. Though finding solutions can be difficult, within the existing frame, the ongoing tension between the duty of every society to recognize pluralism and diversity on the one hand, and the inherent desire of every culture – whether majority, minority or indigenous – to protect its values and ensure conformity on the other, must be resolved. The practices and modalities that envisage the internal dimension of the right to self-determination as a right that is exercised within the state borders can offer such opportunities. The appropriate role of the state and the international community is to serve as mediators between competing forces and to set parameters that can transform destructive conflicts into productive political models.
    DOI: 10.1007/978-3-031-34322-3
    URL: lizenzpflichtig
    URL: Cover
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  • 62
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    UNESCO, Cultural Heritage and Conflict in Yemen, Syria and Iraq (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031196751
    Language: English
    Pages: 1 Online-Ressource(XV, 269 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Studies in Art, Heritage, Law and the Market 8
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law—Philosophy. ; Law—History. ; Humanitarian law. ; International law. ; Cultural property. ; Human rights. ; Peace. ; Law ; Law
    Abstract: Chapter 1: Where Conflict and Culture Connect -- Chapter 2: UNESCO’s Legal Obligation and Capability to Protect Cultural Heritage during Armed Conflict -- Chapter 3: The State Heritage Institutions of Yemen, Syria and Iraq -- Chapter 4: The Impact of Conflict on UNESCO’s Engagement with Yemen, Syria and Iraq -- Chapter 5: UNESCO’s Emergency Response “First-Aid” to Cultural Heritage Sites -- Chapter 6: UNESCO’s Reconstruction of Cultural Heritage Sites -- Chapter 7: Conclusions -- References -- Appendices.
    Abstract: This book aims to determine UNESCO's capability to facilitate heritage protection measures pre-conflict, emergency response measures during conflict and reconstruction efforts post-conflict. The book employs document analysis to ascertain UNESCO's legal obligations when it comes to facilitating cultural heritage protection in its Member States' territories in the condition of armed conflict, while drawing comparisons with the reality of the organisation's presence and involvement in Yemen, Syria and Iraq. This study maps shifts in UNESCO's level of communication with each country's respective government and civil authorities; allocation of financial, human and material resources; and implementation of heritage safeguarding and reconstruction initiatives. Both quantitative and qualitative data shows UNESCO to exhibit great inequity in engagement, at times, closing communications entirely with Syria, due to the political standpoints of other UNESCO Member States. This political gridlock is often shown to result in the organisation overstating its ability to safeguard or restore heritage, with promises not being followed up with action. Since 2015, UNESCO has expressed a stronger intent to be a key player in heritage protection during armed conflict, however as long as cultural heritage protection is not considered a humanitarian concern, UNESCO will not be able to circumvent much of the political and bureaucratic barriers facing intergovernmental organisations during conflict, which prevent emergency action from being implemented. In order to ensure heritage safeguarding is permitted during periods of significant unrest, regardless of political discord, it is crucial that UNESCO promote a people-centred approach to its cultural heritage protection initiatives. This book evidences that focusing on livelihoods and meaningful and practical connections between populations and their local heritage to be UNESCO's optimal methodological approach for justifying cultural heritage protection as a humanitarian necessity. The book's readership includes academics, researchers, and practitioners in the fields of political science, law and heritage studies.
    DOI: 10.1007/978-3-031-19675-1
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    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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    Mediating Sovereign Debt Disputes (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031467875
    Language: English
    Pages: 1 Online-Ressource(XI, 182 p.)
    Edition: 1st ed. 2023.
    Series Statement: EYIEL Monographs - Studies in European and International Economic Law 35
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law). ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; International economic relations.
    Abstract: Chapter 1. Introduction -- Chapter 2. Historical And Legal Framework -- Chapter 3. Mediation -- Chapter 4. Mediating Sovereign Debt Disputes -- Chapter 5. Conclusion.
    Abstract: This book provides a fresh perspective on resolving sovereign debt disputes within the investor-state mediation framework. In response to the limitations of traditional approaches to adjudicating public debt issues and the resulting gaps in international law concerning sovereign defaults, creditors have increasingly turned to investor-state treaty arbitrations to recover unpaid debts. However, this shift has raised numerous criticisms and concerns. Accordingly, this book explores the uncharted territory of utilizing mediation as a means to settle sovereign debt claims. It sheds light on the distinctive characteristics of mediation as a process, setting it apart from judicial litigation and private arbitration, and emphasizing the unique outcomes it can generate. The central argument of this book is that mediation should be seriously considered as a viable option for resolving sovereign debt disputes. Not only does it offer a more cost-effective and expeditious approach, but it also has the potential to facilitate economic recovery and sustain continued investment.
    DOI: 10.1007/978-3-031-46787-5
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    Quo vadis Commercial Contract? : Reflections on Sustainability, Ethics and Technology in the Emerging Law and Practice of Global Commerce (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031141058
    Language: English
    Pages: 1 Online-Ressource(XVII, 314 p. 142 illus.)
    Edition: 1st ed. 2023.
    Series Statement: LCF Studies in Commercial and Financial Law 1
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als Quo vadis commercial contract?
    RVK:
    PR 2353
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Trade regulation. ; Commercial law.
    Abstract: Preface -- Supply chain laws update – Ethics in global commerce through contract and regulation. An introduction -- Part 1: Law and technology -- The role of the Court of Justice of the European Union on the interpretation of platform operators and business users contracts -- Freedom to contract and democracy in the age of blockchain and smart contract -- Part 2: sustainability in commercial contracts -- Eco-reasonableness. Possibilities of incorporating green principles into general private law Clauses -- Right to cure – the odd one out? The CISG's remedial scheme and the circular economy -- From “green bond principles” to “green bond clauses”: mitigating greenwashing through contract law -- Part 3 : Supervening events and contractual ethics -- The Consequences of Brexit for Regulatory Competition and the Approximation of Commercial Law -- A new approach to contracts breached by COVID-19 -- Hong Kong Insurance Industry in Response to COVID-19 -- Uniformity or Diversity of the Concept of Good Faith under the CISG and UAE Law -- The Erosion of Contractual Freedom in Commercial Contracts. A Belgian case-study -- Inequality of Bargaining Power and Arbitration: The Tale of Uber.
    Abstract: This proceedings volume combines chapters derived from papers presented at the 4th and 5th Annual Conferences on the Future of the Commercial Contract in Scholarship and Law Reform. This ongoing research project brings together scholars from all over the world at an annual international conference in London. The book focusses on technology in commercial contract law as well as on sustainability in commercial contracts. The latter theme was inspired by the United Nations' climate conference that was to take place in Glasgow in the United Kingdom that same year. The book combines topical current issues in commercial contract law and practice organized in three parts. The first part contains contributions to the area of law and technology. The second part of the book expands on aspects of sustainability understood as environmental reasonableness in the context of commercial contracts. The third part includes several chapters on the topics of supervening events and contractual ethics. This book is therefore part of a coherent line of contributions to the furthering of modern contract theory. The choice of topics is closely following current issues of legal policy and contract practice.
    DOI: 10.1007/978-3-031-14105-8
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    Judicial Responses to Climate Change in the Global South : A Jurisdictional and Thematic Review (2023)
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    Details
    ISBN: 9783031461422
    Language: English
    Pages: 1 Online-Ressource(XII, 200 p. 6 illus., 5 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Living Signs of Law 2
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Environmental law, International. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Law ; Law ; Climatology.
    Abstract: Introduction -- Part I Jurisdictional -- The Future of Climate Litigation in Brazil -- Struggle for Eco-Constitutionalism: The Role of the Constitutional Court in Realising the Right to a Good and Healthy Environment in Indonesia -- Part II Thematic -- Rearranging the Geopolitics of Climate Change due to Climate and Carbon Coloniality -- Environmental Justice: From the Bifocal Lens of Restorative Justice and the Feminist Approach -- The Mitu-Bell Case as a Legal North in the Progressive Realisation of Economic, Social, and Cultural Rights at a Time of Climate Friction and Land usage Practices in Kenya -- The Intersectionality of the Patriarchal Nature of the Exercise for the Formation of a National Register of Citizens (NRC) and the Elusiveness of Climate Justice -- Part III Extra-Jurisdictional Impact -- A Comparative Study on Critical Legal Issues in Korea and EU Countries on Climate Change Litigations: Based on Social Network Analysis (SNA) -- Recent Climate Change Cases in France and Germany through the Lens of Feminist Legal Methods -- Summary and Conclusion.
    Abstract: This book explores how judiciaries in different parts of the world are responding to climate change and how climate change intersects with the law. It offers feminist approaches to the judicial responses to climate change in the Global South, providing both jurisdictional and thematic reviews. Climate change is one of the most pressing global issues facing humankind, and is currently reshaping geopolitics, governance, law, and international relations around the world. The book’s originality lies in its endeavour to highlight judicial perspectives on climate change from prominent female researchers who have been working on this subject professionally and/or academically, bringing both regional and international views to the subject. The main objective is to give a new meaning to the study of climate change by bringing together the most recent aspects, including climate litigation, eco-constitutionalism and the environmental rule of law, climate and environmental justice, climate geopolitics and climate governance. The book will be of interest to students, academics, and scholars of climate law and environmental law around the world.
    DOI: 10.1007/978-3-031-46142-2
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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
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    The Right not to Be Subjected to Enforced Disappearance : Concept, Content and Scope (2023)
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    Details
    ISBN: 9783031367311
    Language: English
    Pages: 1 Online-Ressource(XVII, 210 p.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Human rights. ; Humanitarian law. ; International law. ; Peace. ; Law ; Law
    Abstract: Introduction – The Concept of Enforced Disappearance -- The Content of Enforced Disappearance -- The Scope of the Right Not to Be Subjected to Enforced Disappearance -- The Scope of Truth and Reparation -- Conclusions.
    Abstract: This book offers a distinctive approach to the right not to be subjected to enforced disappearance. Over the last decade, the entry into force of the UN Convention for the Protection of All Persons from Enforced Disappearance has brought to the forefront of legal discussion the need to effectively address the practice of disappearance. Yet, there are still obstacles to combatting it, which are in part due to a limited understanding of the right’s underlying concept, content and scope. This book examines the phenomenon and definition of enforced disappearance and sheds new light on the right against disappearance. Presenting a doctrinal appraisal of the norm’s legal value, it suggests that the right against enforced disappearance holds a customary value, while also arguing that it has since attained a jus cogens status. Lastly, it examines in detail the rights to truth and reparation and how regional and national courts have interpreted these norms. It assesses the UN Convention’s dynamics and considers whether the lack of a right against disappearance embedded in regional human rights systems affects individuals’ protection. The book provides an overview of key jurisprudence on disappearances, making it of benefit to both practitioners and theorists of international law.
    DOI: 10.1007/978-3-031-36731-1
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  • 69
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    Investment Screening and WTO Law : The Example of the EU Screening Regulation (2023)
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    Details
    ISBN: 9783031467240
    Language: English
    Pages: 1 Online-Ressource(VI, 73 p.)
    Edition: 1st ed. 2023.
    Series Statement: SpringerBriefs in Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; Trade regulation. ; Commercial law. ; European Economic Community.
    Abstract: Introduction -- Political and Economic Reasons for Investment Screening -- Investment Screening in the EU -- WTO Disciplines Relevant for Investment Screening -- The Example of EU Investment Screening as a “Test Case” under WTO Law -- Summary of Conclusions.
    Abstract: In recent years, there has been a worldwide intensification in the use of investment screening mechanisms. This surge is connected with political re-orientations, the rise of new economic powers, and security concerns. Despite the considerable effects that investment screening may have on international investment and trade, there is hardly any literature examining the consequences to be drawn from relevant WTO rules for investment screening. However, the importance of WTO law for such instruments is substantial not least due to the broad scopes of application of the GATT and GATS agreements. The risk that screening activities could be challenged before the WTO is underlined by pertinent panel reports. This book in particular uses the 2019 EU Screening Regulation as an example for illustrating the relevance that WTO law has for investment screening. It concludes that in the light of relevant WTO rulings screening activities undertaken for public order and security reasons may face considerable hurdles not least in the general exceptions and security exceptions of the GATT and the GATS.
    DOI: 10.1007/978-3-031-46724-0
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  • 70
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    Local Governance in Multi-Layered Systems : A Comparative Legal Study in the Federal-Local Connection (2023)
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    Details
    ISBN: 9783031417924
    Language: English
    Pages: 1 Online-Ressource(XI, 488 p. 13 illus., 12 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Ius Gentium: Comparative Perspectives on Law and Justice 108
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Public law . ; Political planning.
    Abstract: Comparing and Contrasting Local Government in Multi-Layered Systems -- Part I - The Federal-local Connection in Mature Federations -- The US Local Government Organisation: Origins, Development, and Federal Implications -- Local Governments in the Canadian Federal System – Institutions, Jurisdiction and Cooperation -- Local Governance in the Swiss Federal System. Comparative and Alternative Approaches to the Traditional Paradigm -- Local Governments in Germany between Growing Challenges and Precarious Budgets -- Local Government in Australia: Constitutionally Subordinate, but Vibrant and Fundamental -- Local Governance in Austria: Diversity in Homogeneity -- Part II - The Federal-Local Connection in Devolutionary Federations -- The Municipal Regime in Argentina -- The Municipality in the Mexican Federal System -- Local Governance in Belgium: A Taste of ‘Institutional Lasagna’ Belgian Style -- Local Governance in Brazil: The Unresolved Contradiction between Claims to Autonomy and Centripetal Trends -- The System of Local Government in Italy: A Stress-Test to Traditional Paradigms? -- Local Autonomy in Spain: Between Autonomic Jurisdictions and the Central Level of Government -- Local Government in the United Kingdom -- Federalism, Local Government, and Transition to Authoritarianism in Russia -- ‘Everything is Bridgeable’ in a Post-Conflict Situation? The Situation of Local Government in Bosnia and Herzegovina -- Part III - Postcolonial Reinventions of the Federal-Local Connection -- The Federal-Local Connection: The South African Case -- Autonomy of Local Government in Ethiopia -- Local Governments, Federalism, and the Governance of Public Health in India -- Reconceptualising the Federal-Local Connection. Postcolonial Reinventions. Nigeria -- The Legal Framework of Centre-Local Connections in Malaysia. Beyond the Postcolonial Narrative: Legacy or Reinvention? -- Revisiting Taxonomies: Local Governance Beyond Western Federal Systems.
    Abstract: The book provides a comprehensive analysis of local government in federations. It fills the gap in current legal research and positions local government in federal studies through the lenses of comparative law, adopting a more nuanced approach to local government. The book considers the shortcomings between the black-letter constitution and its operational rules. Whether (and how) the regime of local government is implemented is more relevant than its formal-but-ineffective recognition. The comparative survey discloses the variety local institutions take in different federal contexts. Divided into three parts, the book comprises chapters investigating local government in systems that, to various degrees, have been examined and classified as federal. Scholars throughout the world have examined the federal-local connection in aggregative federations, (the USA, Canada, Switzerland, Germany, Australia, and Austria), devolutionary ones (Belgium, Bosnia Herzegovina, Italy, Spain, the UK, Argentina, Brazil, Mexico, and the Russian Federation), as well as in federations beyond the West, where federalism-as-a-colonial-legacy has undergone a process of reinvention affecting the federal-local connection (South Africa, Ethiopia, India, Nigeria, Comoros, Democratic Republic of Congo, Nepal, Palau, Federated States of Micronesia; St. Kitts and Nevis; United Arab Emirates; and Pakistan).
    DOI: 10.1007/978-3-031-41792-4
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  • 71
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    Environmental Law Before the Courts : A US-EU Narrative (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031415272
    Language: English
    Pages: 1 Online-Ressource(X, 342 p.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Environmental law, International. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Law ; Constitutional law. ; Human rights. ; Climatology.
    Abstract: NY State Courts -- How the U.S. courts have interpreted the relevance of the U.S. Constitution to environmental law -- The ECHR’s doctrine of legal standing in the era of modern environmental human rights -- Courts, the Environment, and the Irish Constitution -- The legal dimension of the environment in the European legal history -- The role of ECJ -- Administrative Courts and the Environment -- Judicial protection and the climate in the EU legal order in the context of Aarhus Convention -- Biodiversity Law before the Courts -- Climate change : what to ask to Courts” [cover the French administrative law cases "Affaire du Siècle" and "Grande Synthe" with very different approach (damage compensation vs action from State)] -- How German judges decide environmental cases -- Environmental law in the U.S. legal system -- EPA and the evolution of environmental administrative law -- The contribution of the courts to the interpretation of the WTO Government Procurement Agreement – a European Perspective -- The concept of the public interest in environmental law -- The courts as change agents in the evolution of environmental law -- Arbitrating climate change before Investor – State dispute settlement tribunal -- Climate litigation in the Italian legal order -- The Relationship between Criminal Courts and regulatory authorities in the Italian environmental law.
    Abstract: This book sheds light on the latest trends in environmental law by analyzing some of the main sectors of law, including administrative law, constitutional law, EU law, US Law, and human rights law. It explores the evolution of these sectors before courts and tribunals from a US-EU perspective and from the perspectives of some of the foremost academics and justices from the major jurisdictions. Supranational and national courts, both in Europe and in the US, have delivered significant environmental judgements in recent years. The corresponding case law reflects how, in many jurisdictions, environmental and climate litigation continues to expand exponentially as a tool to strengthen environmental protection, whether by pushing national governments to be more ambitious or by enforcing existing statutes and regulations. Courts, particularly after the Paris Agreement, are increasingly seeking their own role as an important player in multilevel environmental governance. Courts in both the US and EU are at the forefront of this process and their role in shaping environmental rule of law will be fundamental in the near future.
    DOI: 10.1007/978-3-031-41527-2
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  • 72
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    Of Risks and Normative Responses : Unleashing the Potential of Disaster Risk Reduction in Relation to Natural Hazards (2023)
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    Details
    ISBN: 9783031411045
    Language: English
    Pages: 1 Online-Ressource(XV, 246 p. 4 illus.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
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    Keywords: Environmental law, International. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Natural disasters.
    Abstract: 1 Introduction -- 2 The Ability to Reduce a Natural Hazard’s Impact and its Perception -- 3 The International Obligations in the Context of Natural Hazards -- 4 The Limitation to Disaster Risk Reduction by Fundamental Rights -- 5 The ‘Better Argument’ in Legitimate Risk Governance -- 6 Conclusion.
    Abstract: Disaster losses in the context of natural hazards continue to rise, despite a growing understanding of disaster risks and measures to reduce them. One obstacle to enhancing private and public disaster risk reduction is the influence of the distorted risk perception of laypeople. The book argues for the necessity of public regulations and explores means to mitigate the consequences of such distorted risk perception through legal measures and adjustments to political decision-making in Council of Europe member states, while respecting the value of autonomy and democratic principles. In terms of collective decision-making, the book advocates for the implementation of deliberative fora in the democratic decision-making process to mitigate the influence of distorted risk perception associated with natural hazards. Additionally, the book discusses a range of disaster risk reducing measures that member states may lawfully implement to protect individuals and communities from the consequences of distorted risk perceptions related to common natural hazards. To underscore the merits of strengthening disaster risk reduction from the bottom-up, this book demonstrates how fundamental rights and democratic values impede attempts to increase DRR from the top-down, even in cases where people's risk perceptions are distorted. In doing so, the book addresses the issue of disaster risk reduction in a novel way by exposing how legal and political barriers to disaster loss reduction can be overcome by giving higher priority to mitigating distorted risk perceptions.
    DOI: 10.1007/978-3-031-41104-5
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  • 73
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    Greening Trade Remedies : Environmental Considerations in the Law and Practice of WTO Trade Remedies (2023)
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    Details
    ISBN: 9783031381720
    Language: English
    Pages: 1 Online-Ressource(XVII, 221 p. 6 illus., 1 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: EYIEL Monographs - Studies in European and International Economic Law 31
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
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    Keywords: International law. ; Trade regulation. ; Environmental Law. ; Environmental policy. ; International trade.
    Abstract: Introduction -- A Role for Trade Remedies in Greening International Trade? -- WTO Rules for Greening Trade Remedies -- The Use of Trade Remedies on Green Goods -- Low Environmental Standards and the ASCM Rules -- Low Environmental Standards and the ADA Rules -- Low Environmental Standards and the SGA Rules -- Environmental Injury and Trade Remedy Rules -- Concluding Remarks.
    Abstract: This book explores the role of trade remedies in liberalising environmental trade and discouraging environmentally harmful trade. As trade remedies can pose a significant obstacle to environmental trade, this book outlines how trade negotiators can implement restrictions on the application of trade remedies on environmental goods. It also assesses whether and how investigating authorities can account for differences in environmental protection standards in trade remedy investigations and considers what a possible 'trade remedy' for environmental harm might look like. Although the book concludes that trade remedies will remain a trade instrument primarily driven by economic and competitiveness concerns, it demonstrates how environmental considerations can guide trade remedy policy, how investigating authorities can properly account for the environmental costs of production, and how the limited policy space available in the WTO Agreements on Trade Remedies can be used to pursue green policy goals.
    DOI: 10.1007/978-3-031-38172-0
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  • 74
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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
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    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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  • 75
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    Rule of Law and the Challenges Posed by the Pandemic : Contributions to the World Law Congress 2021 in Barranquilla (2023)
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    Details
    ISBN: 9783031398049
    Language: English
    Pages: 1 Online-Ressource(X, 269 p. 1 illus.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
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    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Constitutional law. ; Human rights.
    Abstract: Introduction -- PART I: The Rule of Law – General reflections -- Estado de Derecho y Democracia -- The Rule of Law and Democracy in Latin America -- Rule of Law, Democracy and the digital sector -- Preconditions to avoid constitutional crisis: some reflections on appointment procedure of constitutional justices -- Rule of law as a universal “value” -- Rule of Law Concept and its Development by the EU Constitutional Justice -- PART II: Rule of Law and Pandemic -- The Main Trends in Constitutional Jurisprudence Developed by Constitutional Courts during the COVID-19 Pandemic -- Emergencia y Jurisdicción Constitucional -- Common courts' right to constitutional review in the face of the threat to the rule of law – the case of Poland -- Pandemic and the Rule of Law -- The emergency in Estonia, fundamental rights and the rule of law -- Limitations of civil rights during a period of introduction of extraordinary measures in Poland vis-à-vis the pandemic caused by the SARS-CoV-2 virus -- Limiting fundamental rights by governmental regulations – An illiberal response to the COVID-19 pandemic in Poland -- Constitutional Restrictions of Human Rights under the State of Emergency -- Health State of Emergency and Management of the Pandemic – The Italian Experience -- The Covid 19 pandemic and Italian constitutional law. Some reflections on the sources of law -- Estado de Derecho y Restricción de Derechos Fundamentales durante la Pandemia en Brasil: La Actuación del Supremo Tribunal -- Protecting the Rule of Law: Once again about the Legitimacy and Competences of the Constitutional Courts -- El Constitucionalismo ante la pandemia del Covid-19 en el Perú -- Rule of Law and the Pandemic – The Experience of the Republic of Moldova -- Estado de Derecho y lesiones de los Derechos Fundamentales en el estado de alarma o emergencia por el COVID-19 -- PART III: Conclusion -- Concluding Remarks.
    Abstract: The rule of law represents the heart of constitutionalism. Public power can only be legitimately exercised if it is based on and complies with the law. The Constitution and its fundamental values – human dignity, freedom and equality – are the ultimate sources of orientation for the rule of law. Domestic rule of law is complemented by its external dimension, the duty to respect international law and, for EU member states, supranational law. For the World Jurist Association, the realization of the Rule of Law has been the central concern since its founding more than 60 years ago. Its biennial world congresses, which bring together leading figures from politics, the judiciary and academia under the presidency of Javier Cremades, focus on the universal importance of the rule of law, which experts from numerous countries discuss on the basis of current problem areas. At the 2021 World Law Congress in Barranquilla, Colombia, one central topic was the tension between combating pandemics and the rule of law. The contributions gathered here examine how this challenge was met in political-legal practice, and the role of constitutional jurisdiction in the process. They analyze and evaluate the legal situation in numerous countries in Europe and Latin America. In addition, they reflect on fundamental issues, such as the concept of the rule of law, its relationship to democracy, its universal character and its implementation via jurisprudence.
    DOI: 10.1007/978-3-031-39804-9
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    The Regulation of Automated and Autonomous Transport (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031323560
    Language: English
    Pages: 1 Online-Ressource(IX, 423 p. 1 illus.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
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    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Criminal law. ; Civil law. ; Information technology ; Mass media ; Control engineering. ; Robotics. ; Automation. ; Transportation engineering. ; Traffic engineering.
    Abstract: Part 1: Drones – aviation/aerial automated autonomous transportation systems -- Introduction -- “Drones: The New Delivery Men? A South African and UK perspective.” -- Unmanned Air Transports: the use of drones and legal issues arising thereof -- The Civil Unmanned Aerial Vehicle (UAV) Law of China: A Comparative Study of the mainland, Hong Kong, and Macao of China -- Part 2: Ships – Maritime automated / autonomous transportation systems -- The Intersection Between Law and Technology in Maritime Law -- Salvage and Autonomous Maritime Navigation -- Uncharted Legal Waters: “The Applicability of the Law on Seaworthiness & Good seamanship to Autonomous vessels.” -- Reforming the Law of the Sea for the Future of Automated Shipping -- Part 3: Road Vehicles – Road automated / autonomous transportation systems -- Automated Vehicles, Liability and Insurance -- Legal and Ethical Aspects of Autonomous Vehicles -- Cyber Risks: Social, Functional and Ethical Dimensions -- Road Traffic Law and Application to Automated Vehicles.
    Abstract: This book discusses various legal aspects of automated and autonomous transport. The regulation of automated and autonomous transport encompasses legislation on automated cars, ships, vessels, and drones. Questions surrounding this novel area of the law, which has attracted major worldwide interest and publicity, are likely to dominate our societies and everyday life in the years ahead. One major challenge addressed in this book is remedying the regulatory fragmentation that can be observed around the globe concerning legislation on automated and autonomous transportation systems. Written and edited by respected experts in the field, including academics and practitioners alike, this book seeks to fill an important gap in the literature. Given its focus and scope, the book will be of considerable interest to practitioners, academics, and policymakers, judges, students and secondary audiences, including engineers, sociologists, naval architects, all those involved in the automated industry, and people working in AI.
    DOI: 10.1007/978-3-031-32356-0
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    Environmental Public Interest Litigation in China (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031265266
    Language: English
    Pages: 1 Online-Ressource(XV, 404 p. 8 illus., 7 illus. in color.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Environmental law, International. ; Environmental Law. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Human rights. ; Environmental policy. ; Environmental management.
    Abstract: Part I EPIL in China: Historical Development and Theoretical Foundations -- Environmental Public Interest Litigation in China - An Overview -- Historical Development of Environmental Public Interest Litigation (EPIL) in China -- Defining Public Interest under the Environmental Public Interest Litigation System -- From Compensation to Prevention: Expanding the Function of EPIL in China -- The Standing to Sue of NGOs in Environmental Public Interest Litigation in China: A Doctrinal Analysis of Laws and Cases -- Environmental Public Interest Litigation and the Application of Civil Code -- Part II Substantive and Procedural Issues about EPIL In China -- Procuratorates at the Crossroad: Performance, Controversies and Prospects of Procuratorial EPIL in China -- Litigation for Ecological and Environmental Damage Compensation in China: EPIL with Typical Chinese Characteristics -- The Role of NGOs in China’s Environmental Public Interest Litigation -- Regulating through Litigation: Regulatory Functions of NGO-Led Civil Environmental Public Interest Litigation in China -- From Advocators to Rule Makers: Exploring the Role of Chinese Lawyers in Environmental Law Making and Public Interest Litigation -- Three-dimensional Model of Expertise-input for EPIL in China -- Judicial Application of Ecological Remediation Liability in EPIL: A Commentary to the Guiding Cases, Gazettes Cases and Model Cases of the SPC in China -- Looking Backwards, Looking Forwards: Environmental Public Interest Litigation in Soil Pollution Law -- Part III Reform the EPIL System in China: Problems and Solutions -- The Erroneous Setting of the Essential Attribute of Environmental Public Interest Liability in China -- From the Ternary Model to the Binary Model - On the Reconstruction of Litigation Systems for Environmental Public Interest -- Drawbacks in the System Design of the Environmental Public Interest Litigation and Ways for Improvement.
    Abstract: This book offers readers an accessible and broad-ranging guide to Environmental Public Interest Litigation (EPIL), which has burgeoned in China over the past decade. The aim of this book is to provide a systematic review of Chinese experiences with EPIL in environmental matters, both with a view to gauging its success to date and well as discussing some more critical aspects. To this end, the book systematically examines the establishment and development of EPIL in China's legal, social, and political contexts. It examines particularly the significant role and functions of EPIL in China's environmental governance, and the far-reaching impacts on Chinese civil society and governments. It also offers readers an insiders' perspective in terms of procedural and substantive issues with respect to EPIL, by reviewing the institutional designs, theoretical underpinnings and specific mechanisms, the roles of various participants and stakeholders involved in this legal process. At the same time, it studies leading EPIL cases raised from environmental pollution, natural resource damage and ecological damage, and the effectiveness of environmental adjudication that sustains EPIL as a new form of judicial instrument. This book is written to remedy the gap between Chinese and English literature in this area of law. The analysis of these issues, through a historic and comparative perspective, reveals the strengths and weaknesses of the current legal regime and serves as a basis for recommendations for bringing about more effective EPIL in China.
    DOI: 10.1007/978-3-031-26526-6
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    Asian Yearbook of International Economic Law 2023 (2023)
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    Details
    ISBN: 9783031310508
    Language: English
    Pages: 1 Online-Ressource(VIII, 230 p.)
    Edition: 1st ed. 2023.
    Series Statement: Asian Yearbook of International Economic Law 2023
    Parallel Title: Erscheint auch als
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    Keywords: International law. ; Trade regulation. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law). ; Asia ; International relations.
    Abstract: Difficult Times in Investment Relations between China and Germany: The Cases of Siltronic/GlobalWafers and COSCO/HHLA -- China’s Dilemma in Renewing its Belt and Road Initiative -- Conflicts over Industrial and Trade Policy: Europe between China and the United States -- Investment Screening in India -- National Security Exceptions in the New Generation Investment Treaties -- Future Unready: Does the WTO need to bolster its Security Exceptions?.-Environmental Regulation and International Investment Law in South Asia -- Balancing Substantive Fairness and Procedural Efficiency: An Analysis of the ISDS Appeal Mechanism under the Rules of Beijing International Arbitration Center -- IPEF, CPTPP and RCEP – The State of Play in ASEAN -- Potential Economic Collaboration Models for the South China Sea Natural Resources -- ASEAN Political Security Community and the Ukraine War, the State of ASEAN Centrality -- Tashkent International Arbitration Centre at the Chamber of Commerce and Industry of Uzbekistan: Taking Stock on its Fourth Anniversary -- Uzbekistan Investment law and policy: challenges and opportunities -- Henry Gao and Weihuan Zhou, Between Market Economy and State Capitalism China's State-Owned Enterprises and the World Trading System, Cambridge University Press, 2022, ISBN: 978-1-108-90879-5 -- Sergio Puig, At the Margins of Globalization: Indigenous Peoples and International Economic Law, Cambridge University Press, 2021, ISBN: 978-1-108-49764-0.
    Abstract: The Asian Yearbook of International Economic Law (AYIEL) 2023 addresses the rapidly evolving field of international economic law with a special focus on Asia and the Pacific. This region has long been and remains a major engine of the world economy; at the same time, it is characterized by a host of economies with varying developmental levels, economic policies and legal jurisdictions. The AYIEL 2023 therefore focuses on international economic law, especially on security and industrial policy.
    DOI: 10.1007/978-3-031-31050-8
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    Weaponising Investments : Volume I (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031414756
    Language: English
    Pages: 1 Online-Ressource(XXVIII, 237 p.)
    Edition: 1st ed. 2023.
    Series Statement: Springer Studies in Law & Geoeconomics 1
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; Trade regulation. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law). ; Law ; International economic relations.
    Abstract: Balancing Risks: Investment Screening Mechanisms, Essential Security Definitions, and Standards of Evidence -- The Evolving Landscape of Sovereign Wealth Funds in a Changing World Economy: How Resilient are the Santiago Principles? -- Much Ado about Nothing?: State-Owned Enterprises under Foreign Investment Control in the European Union -- Protection or Protectionism? Assessing the EU’s New Investment Screening Measures Against State-Driven Foreign Investment Risks -- The Concept of Security: Brief Genealogy of an Ambiguous Symbol -- Screening FDI In The EU: A Cornerstone of an Economic Security Agenda -- The National Securitization of Foreign Direct Investment: A Strategic Futures Paradigm -- Economic Perspectives on FDI and Investment Screening -- From Principal Openness Towards Reciprocity: Reorienting the Normative Foundation of the EU Investment Screening Practice in Light of Geoeconomic Competition -- Inward FDI Regulation in the UK: Closing the “Open Door”? -- The EU Foreign Subsidies Regulation: The Final Piece of the Regulatory Puzzle to Ensure Competitive Neutrality in Cross-Border M&A? -- Fair Play? The Politics of Evaluating Foreign Subsidies in the European Union.
    Abstract: This highly topical volume presents pioneering research for the purpose of developing a common analytical foundation and framework for the emerging interdisciplinary research field of investment control. Long considered as exceptional measures, restrictions on inward foreign direct investments (FDI) have become ever more common and accepted. This book presents different perspectives on how decision-makers go about the tasks of assessing risks and threats to national security that may be posed by FDI and then balancing those risks and threats against economic interests of parties concerned and society at large.
    DOI: 10.1007/978-3-031-41475-6
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    Fragmentation of International Trade Law Reassessed : Analyzing the Role of PTA-DSMs Based on Their Adjudication of General Exception Clauses (2023)
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    Details
    ISBN: 9783031406010
    Language: English
    Pages: 1 Online-Ressource(XVIII, 357 p. 21 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: EYIEL Monographs - Studies in European and International Economic Law 32
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; Trade regulation. ; International economic relations.
    Abstract: 1. Introduction -- 2 Fragmentation of International Trade Law due to the activity of PTA-DSMs. -3. Revisiting methodological shortcomings for assessing the role of PTA-DSMs for the fragmentation of international trade law -- 4. Developing the Ramifications for the Analysis on the Contribution of Active PTA-DSMs to the Diversity in the Regulation of International Trade -- 5. Putting the revisited methodology to practice -- 6. Results on PTA-DSMs’ role for the fragmentation of international trade law -- 7. General conclusion.8. Annex -- 9. Bibliography.
    Abstract: This book provides innovative and empirically based insights into the ongoing debate on the fragmentation of international trade law. It offers the reader a much-needed doctrinal overview of the different approaches to the issue of fragmentation and reveals their inherent methodological advantages and limitations. On this basis, the book then approaches the issue of fragmentation from an empirical standpoint by applying a novel dataset on Preferential Trade Agreements’ Dispute Settlement Mechanisms (PTA-DSMs), which have been used to adjudicate general exception clauses within the context of the individual PTA Members’ obligation to liberalize trade in goods. Although the results remain limited to the single issue of PTA-DSM adjudication for liberalization of trade in goods, they are indicative of key misconceptions regarding the fragmentation of ITL. As the findings confirm, the PTA-DSMs assessed have ultimately come to equivalent decisions, taking into consideration their overall use, the nature of the legal commitments embedded in the respective PTAs, and the economic wellbeing of the respective PTA partners. The book reveals the influence of specific PTA-DSMs on other PTA-DSMs and thereby paves the way for legal unification, rather than fragmentation.
    DOI: 10.1007/978-3-031-40601-0
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  • 81
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    Organized Crime as Institutional Cluster : Transition from Traditional to Informational Model in Ukraine (2023)
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    Details
    ISBN: 9783031395321
    Language: English
    Pages: 1 Online-Ressource(VIII, 151 p. 8 illus., 5 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: SpringerBriefs in Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Criminal law. ; Organized crime.
    Abstract: Chapter 1. Introduction -- Chapter 2. Basic Approaches to Organized Crime Conceptualization -- Chapter 3. The Concept of Organized Crime as Institutional Cluster -- Chapter 4. The Models of Organized Crime in Ukraine in Transition -- Chapter 5. Contemporary Hybrid Model and Organized Crime Cluster -- Chapter 6. Enemy at the Gate. The Impact of Russian War in Ukraine -- Chapter 7. Conclusion.
    Abstract: From the perspective of institutionalism and theories of clusters, this book provides a concept of organized crime as an institutional cluster in contrast to the concept of multiple offences, associated with organized criminal groups or/and criminal organizations. The book offers shifts in the methodology of organized crime analysis and extrapolates the tools of cluster modelling – successfully approbated in the social and economic sciences as a method for the organization of spatially localized systems – to the criminological field. Such an approach gives a fresh view of organized crime essence and contributes to the deeper and more sophisticated understanding of organized crime modus operandi, as well as its influence on the social landscape. Organized crime in today’s world is increasingly moving from rigidly structured entities to decentralization with unclear, blurred edges and a hybrid structure, which is dictated by the rationality of adapting to social change, including the emergence of new widespread demands for illegal goods and services, new ways to evade social control, the prevalence of poly-criminal activities, the involvement in general digitalization, and so on. Specifically, the study is focused on the evolution of organized crime models in Ukraine considering the socioeconomic, political, and ideological background. Organized crime in Ukraine has gone through numerous transitions, encompassing professionally or traditionally organized criminal groups (the so-called community of ‘thieves in law’), functional racketeering groups, businessmen who accumulated their initial capital through the shadow economy, bureaucratically constructed groups from former official vertically powerful ruling circles, networks of personal or professional connections of the Soviet special services, oligarchic-clan pyramidal structures and amorphous delocalized cyber entities. This book also gives a broad picture of contemporary criminal clusters in Ukraine and an assessment of a full-scale war’s impact. Russia’s invasion on 24 February 2022 and massive hostilities provoked a turbulent situation for organized crime, resulting in the breaking of former criminal ties and the degradation of certain criminal and corrupt practices. At the same time, the war and the martial law regime created opportunities for organized crime in Ukraine to develop new illegal markets and relocate existing ones.
    DOI: 10.1007/978-3-031-39532-1
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    WTO Security Exceptions in Practice and Scholarship : Curtailing “Trump Cards” through Proportionality (2023)
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    Details
    ISBN: 9783031367021
    Language: English
    Pages: 1 Online-Ressource(VIII, 70 p.)
    Edition: 1st ed. 2023.
    Series Statement: SpringerBriefs in Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; Trade regulation. ; Security, International.
    Abstract: 1 Introduction -- 2 (Geo-)Political Background: From Interdependence to “Permanent Exceptionalism”? -- 3 The Security Exceptions in the GATT and TRIPS as Interpreted and Applied -- 4 Methodological Aspects: Curtailing “Trump Cards” through Good Faith and Proportionality? -- 5 Concluding Remarks.
    Abstract: This book offers an in-depth analysis of the WTO security exceptions and relevant rulings by WTO dispute settlement panels. The WTO security exceptions are commonly regarded as the "box of Pandora" of the WTO system, since WTO Member States can invoke them in order to justify trade restrictions violating WTO law which they consider necessary for their essential security interests. The Members of the WTO and the GATT 1947 have hesitated for decades to rely on these security exceptions. In recent years, however, these clauses have been invoked for the first time in high-profile disputes involving Russia and Ukraine, Saudi Arabia and Qatar, as well as the US, China, the EU and other nations. This has been regarded as the turn of an era in view of the risk that the security exceptions could be instrumentalized to undermine the WTO and the international economic governance system more generally. This study therefore thoroughly analyses the WTO panel reports issued in these landmark cases. It also explains the geopolitical relevance of the increasing invocation of security clauses and argues that the legally and methodologically sound application of the WTO security exceptions, which have often been regarded as “self-judging” provisions, requires a proportionality analysis encompassing tests of the suitability and necessity of the trade measures to be justified under these truly exceptional clauses.
    DOI: 10.1007/978-3-031-36702-1
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    Promotion of Green Electricity in Germany and Turkey : A Comparison with Reference to the WTO and EU Law (2023)
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    Details
    ISBN: 9783031447600
    Language: English
    Pages: 1 Online-Ressource(X, 207 p. 5 illus.)
    Edition: 1st ed. 2023.
    Series Statement: EYIEL Monographs - Studies in European and International Economic Law 33
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; Trade regulation. ; Private international law. ; Conflict of laws. ; Comparative law. ; Energy policy.
    Abstract: 1 Introduction -- 2 Scope, Terminology and Methodology -- 3. Economic and Political Aspects of Green Electricity Promotion -- 4 Theoretical Issues of Green Electricity Promotion -- 5 Green Electricity Promotion Schemes -- 6. Green Electricity Promotion in Germany -- 7 Green Electricity Promotion in Turkey -- 8 Comparison of Models and Proposals -- 9 Conclusion.
    Abstract: The global energy economy is undergoing a profound transformation, yielding several pivotal objectives. Foremost among these is mitigating greenhouse gas emissions and toxic pollutants. Another essential goal involves promoting more sustainable economies, thereby curbing material consumption and reducing our reliance on resource extraction. Further priorities include fostering energy security and economic resilience by reducing dependence on external energy sources. All these aims overlap in one common policy: accelerating the renewable energy capacity deployment. Complementing this paradigm shift is the complete electrification of economic activities and households, resulting in the need to incentivize green electricity generation. In this context, this book undertakes a comprehensive exploration of the regulatory framework underpinning the advancement of green electricity. After reviewing the political and economic dimensions, it offers an exhaustive analysis of ongoing developments in four legal domains: The WTO, EU, Germany, and Turkey. Furthermore, the book presents a legal analysis of the intricate interplay between the WTO and EU law coupled with the German and Turkish models. It focuses on the most topical and relevant issues, including the effect of the ongoing energy crisis on state aid for green electricity in the EU; WTO case law on local content requirement components of the promotion schemes; the intricate legal, economic, and political challenges that accompany Germany’s Energiewende and its phasing out of coal and nuclear energy; and Turkey’s regulatory endeavors to bolster its energy self-sufficiency strategy. Following a thorough examination encompassing theoretical, regulatory, and comparative aspects, the book moves beyond the applicable legal framework to make concrete proposals on the future design of green electricity promotion in Germany and Turkey so as to facilitate a rapid but socially equitable energy transition by incentivizing economic efficiency.
    DOI: 10.1007/978-3-031-44760-0
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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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    Vaccine Law and Policy (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031369896
    Language: English
    Pages: 1 Online-Ressource(XIII, 230 p. 5 illus., 4 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Law for Professionals
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Medical laws and legislation. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Political planning.
    Abstract: 1. Introduction: Vaccine Basics, Balance of Interests, and the Legal Framework -- Part I: Vaccine Regulation and Monitoring -- 2. Regulation and Testing of Vaccines -- 3. Postmarket Vaccine Safety -- 4. Vaccines and Intellectual Property -- 5. Vaccine Injury Compensation in the United States -- 6. Immunization Information Systems -- 7. Vaccine Regulation in Global Comparison -- Part II: Equity and Vaccines -- 8. Funding Vaccinations in the United States -- 9. Vaccine Equity -- 10. Vaccine Access in Global Comparison -- Part III: Individual Decision Making and Vaccines -- 11. Informed Consent -- 12. Adolescent Consent -- 13. Tort Liability for Failure to Vaccinate -- Part IV: Vaccine Mandates -- 14. Introduction to Vaccines Mandates in the United States -- 15. School Vaccine Mandates and Exemptions -- 16. Workplace Vaccine Mandates -- 17. Federal Vaccine Mandates -- 18. Vaccine Mandates in Global Comparison -- 19. Vaccine Passports for Travel -- Part V: Special Contexts -- 20. Military Vaccinations -- 21. Vaccine Policy in Emergency Situations -- 22. Regulating Vaccine Misinformation Online -- Part VI: Policy -- 23. Vaccine Incentives and Health Insurance Surcharges -- 24. Vaccine Advocacy, Politics, and Anti-vaccine Movements.
    Abstract: Vaccine Law and Policy is the first book on vaccine law and policy written specifically for the general public or an educated lay audience without legal background. It offers comprehensive but accessible coverage of key aspects of vaccine law and policy, from product development and intellectual property protections, to regulation, public mandates, and vaccine injury claims. The COVID-19 pandemic sparked a growing interest in learning more about vaccine law and policy, as vaccine development, access, safety and requirements became relevant to hundreds of millions of people worldwide. This book covers United States law in most detail, but the developments and trends described have parallels in many countries, and the United States model and its actions influence others. Some of the most widely used vaccines against COVID-19 - mRNA vaccines – were developed in the United States, and choices made in the United States impact other countries. United States law currently has so much to say about vaccines. From the federal mandate President Biden enacted requiring federal employees to be vaccinated against COVID-19, to the growing number of private employers requiring vaccines to return to work, vaccine law has become a prevalent topic in everyday life. But there is little writing about the legal aspects of vaccines directed at the general public or an educated lay audience without a legal background. Vaccine Law and Policy will not only be invaluable to professionals implementing vaccine law and policy, but also to regulators, public health officials, and scientific researchers. Vaccine Law and Policy covers the wide range of laws and policies that impact the field. These include, among others, regulatory oversight by the FDA, one of the most influential bodies in drug and vaccines regulation worldwide, enforcement, and regulation of the research and development of vaccines; vaccine mandates for children and in the workplace, and medical, religious, and philosophical exemptions to them; patent law and other intellectual property protections such as trademark, trade secret, unfair competition, and copyright law; compensation for vaccine injuries under the National Vaccine Injury Compensation Program (NVICP) and other avenues of liability; safety monitoring; access to vaccines, their promotion, and issues related to funding and costs. The book will also discuss issues related to anti-vaccine movements and vaccine advocacy.
    DOI: 10.1007/978-3-031-36989-6
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    Legal Aspects of the Recovery of Areas Degraded by Mining in the International Seabed (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031124921
    Language: English
    Pages: 1 Online-Ressource(XIV, 112 p.)
    Edition: 1st ed. 2023.
    Series Statement: SpringerBriefs in Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law of the sea. ; International law. ; Aeronautics ; Environmental law, International. ; Environmental management.
    Abstract: 1. Introduction -- 2. About the Area -- 3. Recovery of Degraded Area -- 4. On the Apparent Material Antinomy between Compliance with Mining Obligations in the Area and Mining Exploitation Rights and Commitments -- 5. Conclusions.
    Abstract: This book offers an innovative approach to the recovery of areas degraded by international seabed mining, one that considers the feasibility of a standard that would allow mining in these areas in apparent antinomy with their other potential present and future uses. The book begins by identifying and explaining the legal norms that allow mining in these areas and the rights and obligations in mining exploitation concomitant to other uses of them, based on an analysis of mining operations’ duty of Recovery of Degraded Areas. It reveals an antinomy in international law, namely the compatibility of degraded areas and their various present and future uses with the mining of the international seabed. The freedom to mine these areas could destroy the least impacted biome on the planet and undermine the international law system represented by the Cultural Heritage of Mankind and the Third United Nations Convention on the Law of the Sea (“UNCLOS III”). Recovery of Degraded Areas is an obligation in mining and, as such, requires structural changes in the reading of UNCLOS III; recognizing international roles other than those related to sovereignty; projecting the law into the future; and rereading it in light of international environmental law and its instruments.
    DOI: 10.1007/978-3-031-12492-1
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    International Economic Law : New Approaches and Issues (2023)
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    Details
    ISBN: 9783031419966
    Language: English
    Pages: 1 Online-Ressource(XVIII, 351 p.)
    Edition: 1st ed. 2023.
    Series Statement: Special Issue
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; Trade regulation. ; International economic relations.
    Abstract: Part I: New Approaches to International Economic Law -- The Depoliticization of Investment Disputes – How Deep Does the “Rabbit Hole” Go -- The OECD Good Regulatory Practices toolbox and Brazil's reform through transnational lenses -- The Role of Multilateral Institutions in the Perpetuation of Climate Breakdown and Vulnerability -- A TWAIL Approach to Reforming the International Investment Regime -- Part II: Technology and Innovation in International Economic Law -- 3D Printing, Valuation, and Service Inputs: Looking to the Future Rather Than the Past to Design Rules of Origin for Advanced Manufactured Products -- Challenges and Possibilities for Classifying Digital Cultural Products in the WTO: A Case Study of Video Games -- E-Commerce Provisions in Regional Trade Agreements and what they mean for African MSMEs -- Part III: Public Policy and International Economic Law -- Pursuing geo-political interests through investment policies: undesirable and (un)feasible -- The Anti-Coercion Instrument: Is the EU renouncing its ‘Multilateralist’ DNA? -- The Principle of Autonomy of EU Law in the Context of Investor-State Dispute Settlement: A Public Policy Norm? -- MFN Dilemma in India’s DTAAs Post-Concentrix Ruling: A Ticking Time Bomb -- Part IV: Trade Regulation -- Energy Transit under GATT Article V and Energy Transit Dispute Resolution at the WTO -- EU Imported Biodiversity Loss – the Gaps and Overlaps Between Trade Impact and Provisions on Biodiversity in EU Free Trade Agreements -- Multilateral and Bilateral Trade Agreements at the Service of ‘Common Interest.
    Abstract: This volume considers novel emerging issues in international economic law, as well as new methodological approaches to more familiar topics. It brings together a diverse range of contributors from five continents, who share invaluable perspectives on a wide range of issues in international economic governance. In doing so, this volume delves deeply into some of the most challenging emerging areas in international economic law, approaching them from an interdisciplinary perspective that brings together legal, economic, and political analysis. Intended for academics and practitioners at all stages of their careers, many of the areas considered in this volume are either entirely new or are being revisited after periods of dormancy. It is our hope that these contributions will yield fresh insights into these new and “classic” areas of IEL. We consider diversity and inclusivity foundational values in IEL. The wealth of ideas showcased in this volume present us with an opportunity to appreciate different facets of originality and rigour in legal academic writing, further highlighting the range of methodological and stylistic preferences of emerging legal scholars in IEL. In June 2022, forty emerging international economic law scholars were selected to present their papers at PEPA/SIEL, where they received feedback from senior members of the SIEL community and beyond. The discussions were lively, stimulating and enriching, leading the editors of this volume to propose putting a selection of the papers into a published book.
    DOI: 10.1007/978-3-031-41996-6
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    Legal Issues of International Law from a Gender Perspective (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031134593
    Language: English
    Pages: 1 Online-Ressource(XVIII, 224 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Gender Perspectives in Law 3
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; Human rights. ; Identity politics.
    Abstract: The Fight against Discrimination on the Grounds of Sex, Sexual Orientation and Gender Identity in the External Relations of the European Union -- Feminist Justice and the European Court of Human Rights -- Female Reproduction and Sexuality: The Impact of Gender Stereotypes on Women’s Rights in International Jurisprudence -- Workplace Discrimination Towards LGBTQ Employees and Employee Candidates in the Job Market: A European Approach to the Workplace Discrimination Towards LGBTQ -- A Gender-Sensitive Reading of the Obligation to Prevent War Crimes under the Law of Armed Conflict -- The Recognition of Refugee Women in International Law -- Screening International Environmental Law through Gender Lenses – Already Gender-Sensitive, still not Gender-Responsive? -- Putting Women’s Rights to Work: The Participation of Women on Company Boards as a Human Rights Law Issue -- Promoting Gender Equality in International Trade Agreements: Pioneering or Pipe dream? -- Standing Alone but Standing Tall: A Female Perspective of International Law from the Interwar Yugoslavia.
    Abstract: This book offers a new perspective on international law, which was, for centuries, male-dominant and gender-blind. However, this gender blindness has led to many injustices, the failure to recognize certain rights, and to impunity for serious crimes. The book examines the development of gender perspectives in various branches of international law, while also discussing and explaining certain universal standards. However, particular attention is paid to the European human rights system. Accordingly, the book provides detailed explanations of the EU’s external policies in relation to sex, sexual orientation, and gender identity. Also, there is a special focus on the relevant jurisprudence of the European Court of Human Rights in relation to gender and sexual orientation, female reproduction, and sexuality. The authors explain not only the importance of an adequate legal framework for combating gender inequality but also the detrimental effects of deeply rooted gender stereotypes and prejudices. Subsequently, the development of particular branches is presented, such as a gender-sensitive approach to the prevention of war crimes, gender perspectives in refugee law, and the evolution of gender-sensitive environmental law. In addition, the problematic situation of discrimination in the workplace is addressed from various perspectives. Many discussions, especially among EU member states, are reserved for the issue of women’s participation in managerial boards, while the growing awareness of gender equality in international trade agreements represents another interesting topic. Lastly, the book offers a historical perspective on the development of international law in the interwar period, with a particular focus on the situation in Yugoslavia. The book critically reconsiders the dominant molds of legal knowledge and presents innovative gender-sensitive and gender-competent insights on a variety of issues in international law, in order to introduce readers to new research topics relevant to gender equality and to stimulate the development of an international legal and institutional framework for achieving greater gender equality in practice. The collection of essays presented here will be of interest to all those working in the field of international law, as well as students and academics looking to broaden and deepen their research on a range of issues in international law from gender perspectives.
    DOI: 10.1007/978-3-031-13459-3
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    Competition Law in Switzerland : Law and Practice in a European Context (2023)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031451171
    Language: English
    Pages: 1 Online-Ressource(XXI, 278 p.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Law ; Commercial law. ; Information technology ; Mass media
    Abstract: Chapter 1. Enactment, Scope of Application, and Enforcement of the Cartel Act -- Chapter 2. Agreements -- Chapter 3. Horizontal Agreements -- Chapter 4. Distribution Agreements and Vertical Restraints -- Chapter 5. Abusive Conduct by Dominant Undertakings and Undertakings with Relative Market Power -- Chapter 6. Merger Control -- Chapter 7. Sanctions, Leniency and Amicable Settlements.
    Abstract: This is the first comprehensive English-language overview of competition law enforcement in Switzerland since the introduction of direct sanctions in 2004. It discusses the key issues facing practitioners: horizontal and vertical agreements (with a particular emphasis on distribution agreements), abuse of dominance, and the newly introduced provisions on relative market power and merger control. It also provides an overview of the key procedural provisions, leniency and amicable settlements, and fines. The book subsequently analyses the main differences between Swiss and EU competition law and explains why, to what extent, and how companies should conduct a separate analysis under Swiss law. It offers a comprehensive overview and accessible analysis, based on in-depth research of case law, for practitioners and in-house counsels who need to ensure compliance with competition law on a Swiss, European or international basis. It is also a valuable guide for all practitioners, academics and students interested in understanding Swiss competition law. Enforcement of competition law in Switzerland has intensified and is becoming increasingly important for global companies selling in Switzerland. Moreover, the fines have increased over the last twenty years, and many foreign companies have had to pay substantial fines in recent years. Lastly, the Swiss Federal Supreme Court has now extended the extraterritorial application of Swiss competition law to foreign companies where sales to Switzerland are possible.
    DOI: 10.1007/978-3-031-45117-1
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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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  • 91
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    Access to medicines and vaccines : implementing flexibilities under intellectual property law (2022)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783030831141
    Language: English
    Pages: 1 Online-Ressource (X, 369 Seiten) , Diagramme
    Series Statement: Springer eBook Collection
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Mass media. ; Law. ; Medicine. ; Trade. ; Health economics. ; International law. ; Mass media—Law and legislation. ; Medicine—Research. ; Biology—Research. ; Information technology—Law and legislation. ; Trade regulation. ; Medical economics.
    Abstract: Interpreting the flexibilities under the TRIPS agreement -- Intellectual Property Exhaustion and Parallel Imports of Pharmaceuticals: A Comparative and Critical Review -- Compulsory license and government use -- Access to genome editing technologies -- Bolar exception -- Patent oppositions in India -- Protection of clinical test data -- Courts and Pharmaceutical Patents -- Robust Patent Examination or Deep Harmonization? Cooperation and Work Sharing between Patent Offices -- IPRs, Competition Law and excessive pricing of medicines -- The impact of TRIPS plus rules -- Patent Linkages and its Impact on Access to Medicines.
    DOI: 10.1007/978-3-030-83114-1
    URL: kostenfrei
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  • 92
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    Space Fostering African Societies : Developing the African Continent Through Space, Part 4 (2022)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031125119
    Language: English
    Pages: 1 Online-Ressource(V, 134 p. 23 illus., 21 illus. in color.)
    Edition: 1st ed. 2022.
    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—Law and legislation. ; International economic relations. ; International relations.
    Abstract: Angola Space Strategy -- Estimating Agricultural and Forest Lands for Improved Post COVID-19 Crop Production Using Open Remote Sensing -- Water Erosion Assessment using Rusle Model in Jendouba Governatorate -- Towards Sustainability and Stability: Espousing the Benefits of Space-based Solar Power Systems in Africa -- History of Space Law and South Africa’s Space Law -- Space Activities in Africa -- Development of a South African Liquid Rocket Engine Testing Platform for Academic Applications.
    Abstract: This peer-reviewed book provides detailed insights into how space and its applications are, and can be used to support the development of the full range and diversity of African societies, as encapsulated in the African Union’s Agenda 2063. Following on from Part 1 to Part 3, which was highly acclaimed by the space community, it focuses on the role of space in supporting the UN Sustainable Development Goals in Africa, but covers an even more extensive array of relevant and timely topics addressing all facets of African development. It demonstrates that, while there have been significant achievements in recent years in terms of economic and social development, which have lifted many of Africa’s people out of poverty, there is still a great deal that needs to be done to fulfill the basic needs of Africa's citizens and afford them the dignity they deserve. To this end, space is already being employed in diverse fields of human endeavor to serve Africa’s goals for its future, but there is much room for further incorporation of space systems and data. Providing a comprehensive overview of the role space is playing in helping Africa achieve its developmental aspirations, the book will appeal to both students and professionals in fields such as space studies, international relations, governance, social, rural and technical development.
    DOI: 10.1007/978-3-031-12511-9
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  • 93
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    Covid-19 and capitalism : success and failure of the legal methods for dealing with a pandemic (2022)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783030929015
    Language: English
    Pages: 1 Online-Ressource (xxiii, 1092 Seiten) , Diagramme, Illustrationen
    Edition: 1st ed. 2022
    Series Statement: Economic and financial law & policy – shifting insights & values 7
    Series Statement: Springer eBook Collection
    Series Statement: Economic and financial law & policy - shifting insights & values
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Law—Philosophy. ; Law—History. ; Law and the social sciences. ; Law—Europe. ; COVID-19 ; Ursache ; Einflussgröße ; Interesse ; Wirkung ; Auswirkung ; Gesundheitswesen ; Soziales Feld ; Erde
    Abstract: This open access book provides a comprehensive analysis of the socioeconomic determinants of Covid-19. From the end of 2019 until presently, the world has been ravaged by the Covid-19 pandemic. Although the cause of this is (obviously) a virus, the extent to which this virus spread, and therefore the number of infections and deaths, was largely determined by socio-economic factors. From this, it follows that the course of the pandemic varies greatly from one country to another. This observation applies both to countries’ resilience to such a pandemic (which is mainly rooted in the period preceding the outbreak of the virus) and to the way in which countries have reacted to the virus (including the political choices on how to respond). Meanwhile, research has made it clear that the nature of this response (e.g., elimination policy, mitigation policy, and proceeding herd immunity) was, on the one hand, strongly determined by political and ideological factors and, on the other hand, was highly influential in the factors of success or failure in combating the pandemic. The book focuses on the situation in a number of Western regions (notably the USA, the UK, and the EU and its Member States). The author addresses the reasons why in many Western countries both pandemic prevention and response policies to Covid-19 have failed. The book concludes with recommendations concerning the rearrangement of the socio-economic order that could increase the resilience of (Western) societies against such pandemics.
    Note: Open Access , Tabellen, Literaturverzeichnisse, Literaturhinweise , Origin and causes of Covid-19 , Initial (state) response to Covid-19 , Monetary response to and financial implications of Covid-19 , Fiscal policy and state aids , General healthcare , Covid-19 and the sector of the long-term nursing homes , Covid-19’s impact on labour , Covid-19 and schools , Covid-19 vaccines and medicines , Covid-19 and Inequality , Final conclusions
    DOI: 10.1007/978-3-030-92901-5
    URL: kostenfrei
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  • 94
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    Legal Implications of Territorial Secession in Spain (2022)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031046094
    Language: English
    Pages: 1 Online-Ressource(XII, 437 p.)
    Edition: 1st ed. 2022.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; Private international law. ; Conflict of laws. ; Comparative law.
    Abstract: The absence of any basis for secession in the right of self-determination of peoples and in the serious violations of human rights -- Secession through constitutional reform? A comparative study -- The right to self-determination: an interpretation from Spain -- Debate on International Law as a foundation for independence: Catalonia -- The formation of the State in the international legal order. Proceedings for secessionist entities -- The role of recognition in access to statehood and the obligation not to recognize a secessionist entity as a state -- Secession and succession in respect of boundary treaties and boundary regimes with regard to Spain and the neighbouring States -- Borderlands of Spain in Andorra, Olivença, Ceuta, Melilla and Gibraltar -- There is no right to succession in the membership of International Organizations as a result of secession -- Succession of States in Respect of Treaties on Human Rights -- Secession, international responsibility and human rights -- The notion of exception in the Spanish Constitution of 1978: Theory and practice.
    Abstract: The book deals with the secession/separation of territorial entities and the legal consequences that derive from it both for the parent state and for the seceded/separated entity or the entity that intends to secede/separate. This subject is approached from the triple perspective of international law, comparative law, and Spanish law. International law, because it is this legal system which contains the general legal framework within which this issue must be dealt with. Thus, for example, the legal basis of the right to self-determination, the constituent elements of the state, the recognition of states and governments, succession in the matter of treaties, succession in membership of International Organisations, etc. Moreover, international law is also the reference invoked by secessionist/independentist political projects within states in an attempt to provide a legal basis for the legality of their claim. Comparative law, in order to find out not only how most state constitutions deal with secession or independence of their territories, but also the jurisprudence handed down by national courts on the matter (USA, Canada, Italy, France, Spain, among others). And finally, Spanish Law, because the perspective chosen to address the object of study is from the perspective of Spain.
    DOI: 10.1007/978-3-031-04609-4
    URL: lizenzpflichtig
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  • 95
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    Sovereign Immunity Under Pressure : Norms, Values and Interests (2022)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783030877064
    Language: English
    Pages: 1 Online-Ressource(IX, 484 p.)
    Edition: 1st ed. 2022.
    Series Statement: Springer eBook Collection
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als Sovereign immunity under pressure
    Keywords: International law. ; International relations. ; Sovereign Immunity ; Sovereign States ; Restrictive Immunity ; International Customary Law ; State Immunity ; Weak State Immunity Regime ; Strong State Immunity Regime ; ICC Trust Fund for Victims ; United Nations Convention on Jurisdictional Immunities of State ; Immunities in International Law
    Abstract: Introduction -- Part I Sovereign Immunity from Comparative Perspective: Weak v. Strong Immunity Regimes -- Customary International Law and the U.S. Approach to Foreign Sovereign Immunity -- Sovereign Immunity from a Comparative Perspective: The Case of Germany -- The New 2015 Russian Law on Jurisdictional Immunities of Foreign States: If You Want Peace, Prepare for War? -- Sovereign Immunity: Perspectives from Sub-Saharan Africa -- State Immunity Regimes in Latin America -- How Absolute is the Absolute State Immunity? Towards Judicialization of State Immunity in China -- The Law of State Immunity and The Role of International Courts: Looking for The Guiding Star -- Part II International Customary Law of Sovereign Immunity, Human Righ.-ts and Counter-terrorism -- Can Human Rights Overcome State Immunity? Critical Assessment of The Role of Domestic Courts in The Customary Law Creating Process -- Shrinking of Jurisdictional Immunities and Victims’ Rights: From Separation To Sinergy -- Assessing State Immunity Through the Lenses of The European Court of Human Rights: Embassy Employment Disputes as Test Bench for Restricted Immunity -- Terrorism Exception to State Immunities – an Emerging Customary Norm of International Law? -- The United States Hegemony and Reshaping the Norms of State Immunity for International Crimes -- Part III Sovereign Immunity of States and Their Financial Obligations -- Cross-Influences in Public and Private International Law: On The (New?) EU Interpretation of Heads of Jurisdiction Over The (Traditional?) Understandings of Acta Iure Imperii -- Sovereign Debt and Immunity -- Foreign Central Banks and Immunity from Execution: Too Sovereign To Be Sued? -- Expanding Immunity from Execution Through the Backdoor: The French Example -- Conclusion.
    Abstract: This book offers a critical analysis of current challenges and developments of the State immunity regime through three dimensions: it looks at State immunity from a comparative perspective; it discusses the major trends relating to the interplay between State immunity and the protection of human rights as well as counter-terrorism; and it examines the relationship between State immunity and the financial obligations of States. Part I, Sovereign Immunity from a Comparative Perspective: Weak v. Strong Immunity Regimes, deals with the diversity of existing regimes of State immunity at the national level. This part aims to explore different approaches of particular states to sovereign immunity and their general attitude to international law, and attempts to understand why some States favour a weaker State immunity regime by multiplying exceptions or interpreting them broadly, while others continuously support a stronger one and sometimes rely on the doctrine of absolute immunity. Part II, International Customary Law of Sovereign Immunity, Human Rights and Counter-Terrorism, highlights how human rights and counter-terrorism have shaped the law and practice of sovereign immunity. This part specifically discusses the role of national legislators and judges in the development of international law, emerging conflicts between national constitutional norms and the rules of international law concerning State immunity and human rights, and possible ways of their reconciliation. Part III, Sovereign Immunity of States and their Financial Obligations, contributes to on-going debates related to the mixed and complex nature of States’ financial obligations. In this part, authors elaborate on perceptions of the underlying public-private law divide, cross influences in public and private international law and their consequences for State immunity, as well as recent trends relating to immunity from execution.
    DOI: 10.1007/978-3-030-87706-4
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  • 96
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    Legal Aspects of Cruises (2022)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783030830908
    Language: English
    Pages: 1 Online-Ressource(VI, 381 p.)
    Edition: 1st ed. 2022.
    Series Statement: Ius Comparatum - Global Studies in Comparative Law 56
    Series Statement: Springer eBook Collection
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Law of the sea. ; Aeronautics—Law and legislation. ; Tourism.
    Abstract: Part I General Report -- Legal Aspects of Cruises – General Report -- Part II National Reports – Europe -- Belgium: Legal Aspects of cruises from a Belgian perspective -- Bulgarie : Aspects légaux des croisières en Bulgarie -- Germany: Legal Aspects of Cruises from a German Perspective -- Poland : Legal Aspects of Cruises in Poland -- Romania: Legal Aspects of Cruises in Romania -- Spain: Legal Aspects of Cruises in Spain -- Part III. National Reports – North and South America -- Argentina: Legal Aspects of Cruises in Argentina -- Brazil: Legal Aspects of Cruises in Brazil -- USA: U.S. Perspective on the Legal Aspects of Cruises -- Uruguay: Legal Aspects of Cruises in Uruguay -- Part IV. National Reports – Asia and Euro-Asia -- Japan: Legal Aspects of Cruises in Japan -- Turkey: Legal Aspects of Cruises in Turkey -- Annex: Questionnaire on Legal Aspects of Cruises – Questionnaire sur les aspects légaux des croisières.
    Abstract: This book presents a comparative study on various issues regarding legal aspects of cruises – mainly, the importance of the cruise business, the impact of cruise tourism, general and specific rules applicable to cruises, liability issues, cruise passengers as consumers, package travel, labor rules for cruise workers, relevant rules on ports (e.g. on taxes, costs and rates charged to cruises in different ports), rules on the environmental impact of cruises, jurisdiction, arbitration, and choice of law in cruise contracts, and general conditions used by companies offering cruise services – in order to identify the current sources of law on these matters and determine whether or not they are appropriate and sufficient. Combining a general report with individual national reports, the book offers not only a general overview, but also the perspectives of selected jurisdictions in the Americas, Europe and Asia, namely: Argentina, Belgium, Bulgaria, Germany, Japan, Poland, Romania, Spain, Turkey, the United States, and Uruguay.
    DOI: 10.1007/978-3-030-83090-8
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  • 97
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    Trends and Challenges in International Law : Selected Issues in Human Rights, Cultural Heritage, Environment and Sea (2022)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783030943875
    Language: English
    Pages: 1 Online-Ressource(VII, 332 p. 10 illus.)
    Edition: 1st ed. 2022.
    Series Statement: Springer eBook Collection
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als Trends and Challenges in international law
    Keywords: Law of the sea. ; International law. ; Aeronautics—Law and legislation. ; Human rights. ; Environmental law, International. ; Cultural property.
    Abstract: Introduction -- Part I. Human Rights Law -- International Human Rights Law and Transboundary Environmental Harm: Trends and Challenges -- What Does a State Secure Make? Interpreting National Security in the Light of International Human Rights Law -- Starvation and Humanitarian Assistance in Time of Armed Conflicts -- Part II. Cultural Heritage Law -- Underwater Cultural Heritage and Salvage Law -- Lights and Shadows of the EU Regulation 2019/880 on the Introduction and the Import of Cultural Goods -- Part III. Environmental Law.-0 The Breach of the Obligation to Prevent Environmental Harm and the Law of State Responsibility. Revisiting the Issue Against the Test of Judicial Application -- Legal Personality for Nature: From National to International Law -- Climate Change and Intercommunal Conflicts in West Africa: A New Challenge for the UN System of Collective Security or Much Ado about Nothing? -- Law of The Sea -- On the Nature of the Law of the Sea -- The Last Frontier: Trends and Challenges related to the Delineation of the Outer Limits of the Continental Shelf Beyond 200 Nautical Miles -- Conclusions.
    Abstract: Over the last century, international law has sought to keep pace with sweeping changes that have revolutionised the international community. It has done so in various ways: by developing new fields, adopting new legal instruments, and including new actors and entities in the international fora. Human rights law and environmental law have emerged to address essential issues raised by civil society. Treaties, judgments and soft law instruments have attempted to fill the gaps in regulation. International organisations, corporations, civil society organisations and individuals have all worked to make and enforce, also by judicial means, legal rules. But is all this sufficient? In an effort to answer this question, the chapters of this volume explore selected emerging issues in the fields of human rights, the environment, cultural heritage and law of the sea. Can state responsibility help to protect the environment? Can protecting human rights be reconciled with national security? Can the UN Security Council address climate change? Is law of the sea still fit for purpose? And how can we balance human rights and the environment, or cultural heritage and law of the sea? The international scholars and experienced practitioners who have contributed to this volume discuss these and other key questions. Given its scope, the book will appeal to researchers and scholars of international law, as well as those specialising in human rights law, environmental law, cultural heritage law, and law of the sea. .
    DOI: 10.1007/978-3-030-94387-5
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  • 98
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    Repatriation of Sacred Indigenous Cultural Heritage and the Law : Lessons from the United States and Canada (2022)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783030890476
    Language: English
    Pages: 1 Online-Ressource(XXI, 515 p. 9 illus.)
    Edition: 1st ed. 2022.
    Series Statement: Studies in Art, Heritage, Law and the Market 3
    Series Statement: Springer eBook Collection
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; Private international law. ; Conflict of laws. ; Comparative law. ; Human rights. ; Cultural property. ; Archaeology.
    Abstract: 1. Introduction -- 2. Repatriation of Sacred Indigenous Heritage under International Human Rights Law -- 3. Repatriation of Sacred Indigenous Heritage under International Cultural Heritage Law -- 4. Repatriation of Sacred Indigenous Heritage in U.S. Law -- 5. Evaluation of Repatriation in U.S. Law -- 6. Indigenous Sacred Heritage on the National Level: Federal Canadian Law & Canadian Museums -- 7. Repatriation of Sacred Indigenous Cultural Heritage under Provincial Law - Alberta and British Columbia -- 8. Evaluating the Position of Indigenous Indigenous Sacred Cultural Heritage in Canadian Law -- 9. Repatriation Models -- 10. Summary, Conclusions and Recommendations.
    Abstract: This book examines the ways in which law can be used to structure the return of indigenous sacred cultural heritage to indigenous communities, referred to as repatriation in this volume. In particular, it aims at developing legal structures that align repatriation with contemporary international human rights standards. To do so, it gathers the most valuable lessons learned from different repatriation laws and frameworks adopted in the United States and Canada. In both countries, very different ways of approaching repatriation have been used for several decades, highlighting the context-dependent nature of repatriation. The volume is divided into four parts, looking first at international law, then at the national legal landscape in the United States, followed by Canada, before the different repatriation models are evaluated against the backdrop of human rights law standards. Emphasis is placed not only on repatriation-specific legislation but also on the legal context in which it was developed and operates. In turn, the fourth part develops various models on the basis of these experiences that can be aligned with contemporary indigenous and cultural rights. The book ends by considering the models’ suitability for international repatriation and the lessons that can be learned from them. The primary audience includes those addressing the legal hurdles to repatriation, be they researchers, policymakers, communities, or museums.
    DOI: 10.1007/978-3-030-89047-6
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  • 99
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    Political, economic and legal effects of artificial intelligence : governance, digital economy and society (2022)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783030947361
    Language: English
    Pages: 1 Online-Ressource (ix, 523 Seiten)
    Edition: 1st ed. 2022
    Series Statement: Contributions to political science
    Series Statement: Springer eBook collection
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Comparative government. ; Artificial intelligence. ; Public administration. ; International law. ; Elections. ; Technological innovations. ; Künstliche Intelligenz ; Wirkung ; Auswirkung ; Governance ; Politik ; Recht ; Gesetz ; Erde
    Abstract: This book presents a comprehensive analysis of the alterations and problems caused by new technologies in all fields of politics. It further examines the impact of artificial intelligence (AI) on the nexus between politics, economics, and law. The book raises and answers several important questions: What is the role of AI in politics? Are people prepared for the challenges presented by technical developments? How will Al affect future politics and human society? How can politics and law deal with Al's disruptive technologies? What impact will AI and technology have on law? How can efficient cooperation between human beings and AI be shaped? Can artificial intelligence automate public decision-making? Topics discussed in the book include, but are not limited to digital governance, public administration, digital economy, corruption, democracy and voting, legal singularity, separation of power, constitutional rights, GDPR in politics, AI personhood, digital politics, cyberspace sovereignty, cyberspace transactions, and human rights. This book is a must-read for scholars and students of political science, law, and economics, as well as policy-makers and practitioners, interested in a better understanding of political, legal, and economic aspects and issues of AI.
    Note: Literaturverzeichnisse, Literaturhinweise , Introduction , Theoretical background of AI & governance , Digital economy & politics , AI and demarcation of the rule of law , Politics versus law , Politics supersedes the rule of law , International law, politics & the rule of law , Cyberspace governance & politics , Politics and technology , AI & politics , AI, digital politics & GDPR , Conclusions
    DOI: 10.1007/978-3-030-94736-1
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  • 100
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    The European Arrest Warrant and EU Citizenship : EU Citizenship in Relation to Foreseeability Problems in the Surrender Procedure (2022)
    Cham : Springer International Publishing | Cham : Imprint: Springer
    Details
    ISBN: 9783031075902
    Language: English
    Pages: 1 Online-Ressource(XI, 408 p.)
    Edition: 1st ed. 2022.
    Series Statement: Springer eBook Collection
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als Graat, Joske The European arrest warrant and EU citizenship
    Keywords: Law—Europe. ; Civil rights. ; European communities. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Human rights. ; Europe—Politics and government.
    Abstract: Introduction -- Setting the scene -- The legality principle: its link to the EAW, jurisdiction and forum choices -- The FDEAW: safeguards against unforeseeable jurisdiction claims and the risk of arbitrary forum decisions? -- The Dutch legal order: the views on the two complications and their link to the EAW -- The German legal order: the views on the two complications and their link to the EAW -- The legal order of England and Wales: the views on the two complications and their link to the EAW -- The syntheses: to what extent is a triangular link between the EAW, the legality principle and the risk of unforeseeable jurisdiction claims and arbitrary forum choices recognised on the EU and national level? -- The intergovernmental perspective: an explanation for the state-focused interpretation of the legality principle and lack of attention for the problems with which EU citizens can be confronted -- Does the intergovernmental shoe still fit? The rise of an alternative perspective: transnational cooperation in a shared legal order -- A transnational legality principle and its possible effect on the EAW -- EU citizenship as a vehicle towards a transnational legality principle: two possible narratives -- Conclusions and recommendations.
    Abstract: This book offers an in-depth analysis of the relationship between EU citizenship, the European arrest warrant (EAW), and the legality principle. It focuses on the role of the EAW in relation to two foreseeability problems with which EU citizens – especially those who exercise free movement rights – could be confronted. These problems concern the foreseeability of specific national criminal laws at the time of the offense on the one hand and forum decisions on the other. The first part of the book addresses the extent to which these foreseeability problems and the role of the EAW therein are viewed as legality problems at the EU level and in three national legal orders (the Netherlands, Germany, and England and Wales). In turn, the second part of the book critically examines the current scope and content of the legality principle in light of the EU’s objective to offer its citizens an Area of Freedom, Security and Justice (AFSJ) in which both safety and free movement are guaranteed. As EU citizens often encounter foreseeability problems when exercising their free movement rights, it is argued that they should be protected by a transnational framework of fundamental rights. The book subsequently makes recommendations for a transnational interpretation of the legality principle, one which fits the normative context of the AFSJ as described in Article 3(2) TEU. On the basis of the evolution of EU citizenship over time, the book also develops two EU citizenship narratives and explains how they could contribute to transnational fundamental rights protection and a solution to foreseeability problems. With regard to arriving at concrete solutions, the book offers recommendations for EU legislation that could adequately remedy foreseeability problems and the role of the EAW therein.
    DOI: 10.1007/978-3-031-07590-2
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