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A big cat overthrows the Indian state and establishes a reign of terror over the residents of a Himalayan town. A welfare legislation aimed at providing employment and commanding a huge budget becomes'unimplementable'in a region bedeviled by high levels of poverty and unemployment. Paper Tiger provides a lively ethnographic account of how such seemingly bizarre scenarios come to be in contemporary India. Based on eighteen months of intensive fieldwork, this book presents a unique explanation for why and how progressive laws can do what they do and not, ever-so-often, what they are supposed to do. It reveals the double-edged effects of the reforms that have been ushered in by the post-liberalization Indian state, particularly the effort to render itself more transparent and accountable. Through a meticulous detailing of everyday bureaucratic life on the Himalayan borderland, Paper Tiger makes an argument for shifting the very frames of thought through which we apprehend the workings of the developmental Indian state.

This book delves into the intricacies of digital assets. With the increasing reliance on crypto and the potential adoption of digital currencies by central banks, our monetary system is at a critical point. The importance of taking the next step has become even more stringent, as evidenced by this systematic scientific reconstruction.Divided into five concentric parts, the book starts with a historical, technical and financial introduction to digital assets. It then explores the changing role of central banking and monetary economics in the upcoming era. Finally, it focuses on the broad legal issues arising from the new digital landscape, not shying away from exploring forward-thinking solutions and policies for the future.With the contributions of prominent international experts in the field, this collection supplies a transdisciplinary analysis based on the belief that complex phenomena can only be handled by complex solutions. This groundbreaking work aims to be more than just an academic treatise; it is a must-read for students, scholars, financial professionals, and all those who want to understand the emerging digital currency reality that many have yet to fully recognise.

Published in 1998, current themes in housing are explored in this collection of papers. The gamut of issues surrounding participation, such as tenant participation or decision-making participation, together with the forces leading to exclusion, such as in relation to ethnic minorities, are examined. The book will be relevant to all those in the housing movement together with those working in related disciplines.

Au 30 juin 2020, la RD Congo célébrait ses 60 ans d'accession à l'indépendance. À l'occasion, l'Université Catholique du Congo et l'Université Protestante au Congo ont organisé pour la première fois de leur histoire, sous leur label conjoint, un premier colloque interdisciplinaire autour du « Développement et Renaissance de la RD Congo : Perspectives politiques, économiques et socioculturelles ». Les Actes du colloque sont d'une riche et d'une rare contribution pluridisciplinaire de la part d'intellectuels congolais ayant non seulement revisité des sentiers battus, mais ayant surtout débattu d'un Congo de l'avenir sur le volet socioculturel…

EU Private Law and the CISG examines selected EU directives in the field of private law and their effects on the national private law systems of several EU Member States and discusses certain specific concepts of the United Nations Convention on Contracts for the International Sale of Goods (CISG) in light of the CISG's recent fortieth anniversary. The most prominent influence of EU law on national private law systems is in the area of the law of obligations, thus the book focuses on several EU private law directives that cover the issues belonging to contract and tort law, as interpreted in the case law of the Court of Justice of the EU. EU private law concepts need to be interpreted autonomously and uniformly rather than through the lens of national private law systems. The same is true for the CISG which has not only been one of the most successful instruments of the international trade law unification but had also influenced both the EU private law and domestic laws. In Part I, focused on the EU private law and its effects for national laws, chapters examine the recent Digital Content and Services Directive and its likely impact on the contract law of the UK and Ireland, the role aggressive commercial practices play in EU banking and credit legislation, the applicability of the EU private international law rules to collective redress, the unfair contract terms regime of the Late Payment Directive and its transposition into Croatian law, the implementation of the Commercial Agency Directive in Denmark, Estonia and Germany, and disgorgement of profits as remedy provided in the Trade Secrets Directive. In Part II, dealing with selected CISG issues, chapters discuss the autonomous interpretation of CISG's concept of sale by auction and its notion of intellectual property, as well as the CISG's principle of freedom of form and the possibility for reservations with the effect of its exclusion.The book will be of interest to legal scholars in the field of EU private law and international trade law, as well as to the students, practitioners, members of law reform bodies, and civil servants in Europe, and beyond.

Das Testament stellte den wohl wichtigsten Rechtsakt im Leben eines römischen Bürgers dar. Diese zentrale Bedeutung des Testaments für die antike römische Gesellschaft ist nicht nur aufgrund der literarischen Überlieferung erschließbar, sondern wird vor allem auch durch die eindrucksvolle Masse an Rechtstexten zu diesem Thema belegt. Das kunstvolle Regelungsgeflecht, welches gewährleisten sollte, dass der «letzte Wille» Wirksamkeit erlangte, sowie die Frage, wie die Grundsätze des Testamentsrechts praktischen Niederschlag in den überlieferten Dokumenten fand, war Gegenstand einer internationalen Tagung im November 2020. Die Schriftfassungen der Beiträge von führenden Experten aus Deutschland, Italien, Ungarn und der Schweiz sind im vorliegenden Band versammelt.

Les transformations profondes envisagées par le président de la République Emmanuel Macron dans les trois projets de lois constitutionnelle, organique et ordinaire des 9 et 23 mai 2018 se concentrent principalement sur les collectivités territoriales et sur quatre institutions avec pour objectifs : le renforcement du rôle du Conseil supérieur de la magistrature, la suppression de la Cour de justice de la République, la rénovation du Conseil économique social et environnemental, et surtout la reviviscence du Parlement. Ces réformes n'ont pas encore été parachevées en raison du retard accusé à les élaborer et des péripéties telles que l'affaire dite « Benalla » ou la crise des « Gilets jaunes ». Mais quand bien même ces projets seraient modifiés ou abandonnés, l'histoire de la Ve République a montré que des mesures constitutionnelles pouvaient resurgir des années plus tard.

Constitution, une des notions les plus mobilisées de la science du droit public. Fruit mûr de riches échanges scientifiques sur la forme et les modalités de la fabrique des Constitutions ou de l'« ingénierie » constitutionnelle, des débats sur les institutions et les valeurs constitutionnelles, des discussions nourries sur le sens, les fonctions et les finalités de la Constitution dans nos différents Etats, cet ouvrage intéressera non seulement les étudiants, les chercheurs et les enseignants, mais aussi les responsables et les esprits avertis qui pourraient se demander à haute voix : pourquoi se pencher à nouveau, et ce, pendant trois jours d'échanges scientifiques, sur la notion de Constitution?

Der Band zur gleichnamigen 9. Tagung im Nordkolleg Rendsburg. Hitler als Opernliebhaber, Gangsta-Rap und Strafrecht, ein psychoanalytischer Blick auf den antiken Atriden-Mythos, Charles Dickens als Analytiker der englischen Justiz: Die Vorträge bieten eine inspirierende Mischung aus tiefgründiger Analyse und geistvoller Unterhaltung. Und ein profilierter Strafrechtsprofessor präsentiert sich als Autor spannungsgeladener Literatur.

Die Schaffung, Zuordnung und Verwertung von IP-Rechten ist eine der interessantesten Herausforderungen, wenn es um die Steuerplanung geht. Einer Bandbreite attraktiver Gestaltungsmöglichkeiten stehen nicht unerhebliche Risiken und die politische Forderung nach einer verantwortungsvollen Steueroptimierung gegenüber. Vor dem Hintergrund sich konkretisierender BEPS-Maßnahmen fokussieren die Teilnehmer der 4. WCL Frankfurter Tax-Gespräche in diesem Band vor allem die Auswirkungen verschiedener Strategien.Die Herausgeber Prof. Wolfgang W. Kraft Ph.D ist als Founder für die strategische Ausrichtung, die Internationalisierung, strategische Partnerschaften und Allianzen, Programmatik, das Management und Kommunikation sowie die Mitgliederbetreuung des WCLF verantwortlich. Rechtsanwalt und Steuerberater Dr. Andreas Striegel, LL.M. (Miami,) betreut insbesondere mittelständische Mandanten bei rechtlichen und steuerlichen Fragen der nationalen und internationalen Gestaltungen, Akquisitionen und Desinvestitionen sowie Kooperationen und Finanzierungsgestaltungen.

Como uma coleção de folhas de papel, este livro reúne, em cadernos, diferentes olhares, experiências e estudos sobre a pena de morte, sob a perspectiva do Direito e da Literatura. Assim, esses textos são resultados do entrelaçamento de pensamentos e de inquietações de autores-colaboradores, em diferentes espaços e realidades, com o propósito de concitar o leitor à reflexão acerca da pena morte e sua relação com os crimes de guerra, com a biopolítica, com a temporalidade sui generis do condenado, com a banalidade do mal, com o imaginário da opinião pública e também como é encarada dentro do Sistema Interamericano de Direitos Humanos. São evocados tanto casos célebres reais, que mobilizaram a opinião pública no Brasil e no mundo, quanto casos ficcionais — de Victor Hugo e Herman Melville a Leonardo Sciascia e Norio Nagayama —, em um sensível diálogo entre a literatura e o direito à vida. Esperamos, a partir dos textos que integram esta coletânea, estimular um debate cada vez mais necessário.

Ohne Schuld und Sühne, Belohnung und Strafe, ohne Verbrechen und Leidenschaft, Opfer und Täter kam die Literatur nie aus und die Literatur der Romantik ist wie die Zeit davor und danach durchzogen von Rechtsfällen. Im Zuge der Aufklärung wuchs das Interesse an Rechtsfällen sowie am Verbrecher und seinen Beweggründen. Doch wandelten sich das Rechtssystem und die Rechtsauffassung im Zeitalter der Romantik entscheidend. Vor allem durch die ‚Begründung der Historischen Rechtsschule‘ erhielt die Rechtswissenschaft eine neue Grundlage; der Code civil galt als Verletzung des nationalen Rechtsbewusstseins: „der eigentliche Sitz des Rechts [sei] das gemeinsame Bewußtseyn des Volkes', glaubte Savigny. Die Beiträge der Rechtshistoriker und Literaturwissenschaftler gehen den Fragen von Recht und Gerechtigkeit, Verbrechen und Strafe in rechtshistorischen Werken, in Literatur, Ästhetik und Sprache, aber auch in der Rechtspraxis nach: Die historische Rechtsschule, besonders Grimm, Puchta und Savigny, der Bedeutungswandel von Rechtswörtern, Achim von Arnim, Clemens und Bettina, Bonaventura, E.T.A. Hoffmann, die Grimmschen Märchen, A.W. Schlegels Shakespeare-Übersetzungen, Kleist, Eichendorff und Tieck sind die exemplarisch verhandelten Themen.

This open access volume of LIDC contributions focuses on how competition and intellectual property laws incorporate sustainability objectives. Businesses are increasingly embracing sustainability objectives, driven by the international community. Although competition and intellectual property law are certainly not the only tools for addressing sustainability issues, they can play a role in moving toward a more sustainable society.Sustainability has gained prominence in competition law in all jurisdictions covered in this volume. The contributions focus on classic questions such as whether sustainability agreements restrict competition and, if so, to what extent businesses can be exempted on efficiency grounds. The papers also raise a number of questions, in particular concerning the treatment of non-market efficiencies. The soft law and case law produced by competition authorities are examined, and the leadership role of some competition authorities in the field – from advocacy to policy papers and sustainability guidelines – is highlighted. The authors call for more individual guidance to provide enhanced transparency and clarity to industry, advisors and society at large on sustainability issues, with guidelines or sustainability-related block exemptions providing even greater legal certainty.With regard to intellectual property, the contributions examine various important issues, such as the need for intellectual property rights to remain technology-neutral, ways to promote the use of sustainable technologies and incentives for licensing, and ways to promote the dissemination of sustainable technologies, including compulsory licensing, cross-licensing, open source or FRAND licensing, and replacing the destruction of counterfeit goods with recycling. The papers also discuss greenwashing and how it can be addressed through revisions to trademarks and related rights.

This is a complete and comprehensive guide for applicants sitting the National Admissions Test for Law (LNAT) examination. As a one-stop solution to performing well in the LNAT, this guide comes with tips, strategies, full practice papers, and answers with detailed explanations.Compiled by a team of LNAT mentors, consultants, and coaches with input from admissions officers, this book offers the most comprehensive and accurate practice papers available. The papers were vetted by Oxford and Cambridge graduates with personal experience of the examination, and are set to a standard of difficulty that is on a par with the actual LNAT. This provides students with a thorough and accurate simulation of the questions they will face.The Complete LNAT Guide: An Expert Guide to Success is an essential book for all applicants preparing to sit the LNAT examination.

Slaves were property of their dominus, objects rather than persons, without rights: These are some components of our basic knowledge about Roman slavery. But Roman slavery was more diverse than we might assume from the standard wording about servile legal status. Numerous inscriptions as well as literary and legal sources reveal clear differences in the social structure of Roman slavery. There were numerous groups and professions who shared the status of being unfree while inhabiting very different worlds. The papers in this volume pose the question of whether and how legal texts reflected such social differences within the Roman servile community. Did the legal system reinscribe social differences, and if so, in what shape? Were exceptions created only in individual cases, or did the legal system generate privileges for particular groups of slaves? Did it reinforce and even promote social differentiation? All papers probe neuralgic points that are apt to challenge the homogeneous image of Roman slave law. They show that this law was a good deal more colourful than historical research has so far assumed. The authors'primary concern is to make this legal diversity accessible to historical scholarship.

This book raises awareness about gender perspective in political and legal theories and historical analysis. The impacts of feminist political and legal theories, as well as critical legal studies, have been embedded in all the papers in different ways and degrees. Differences among feminist political and legal ideas are visible in the different approaches. The ongoing issue of defining gender, for example, is a recurring theme in the texts. Some papers question the binary basis of the gender issue and the notion of gender as such, while others start from the binary dichotomy and attempt to expand the consideration towards a multi-dimensional understanding of gender identities. The main focus is on a feminist reconsideration of all relevant fields of legal knowledge. The primary aim is to demystify the seemingly neutral character of legal norms and legal knowledge and highlight the power relations at different layers, beginning with male and female legal subjects of Western heredity (in terms of culture, ethnicity, and race), then moving on to different needs and power relations among female persons of different races and classes, and finally addressing differentiating gender relations and identities beyond the framework of the women-men binary codification, i.e., also taking into consideration the multiple options of intersex, transgender, queering, etc. Taking seriously the issue of the “maleness” of political and legal theories is indeed a challenging and relevant endeavor for legal scholars. The male bias is present not only throughout history but also in the present, given that our “universal” categories of political and legal thought are still overburdened by unequal power relations. It is also important to open our minds and knowledge production for a gender-sensitive and gender-competent intersectional approach, which would also include various queer-, race- and class-based considerations. These tasks should be of interest not only tocritical legal scholars but also all those belonging to mainstream legal and political thought.

This book presents a collection of high-quality research works and professional perspectives arising from the call for papers of the Privacy Symposium 2022; an international conference aimed towards the promotion of international dialogue, cooperation and knowledge sharing on data protection regulations, compliance and emerging technologies. Gathering legal and technology expertise, this publication provides cutting-edge perspectives on the convergence of international data protection regulations, as well as data protection compliance of emerging technologies, such as: Artificial Intelligence, e-health, blockchain, edge computing, Internet of things, V2X and Smart Grids. It includes selected papers from the Privacy Symposium conference 2022 (PSC 2022) call for papers, encompassing relevant topics, including: international law and comparative law in data protection cross-border data transfers emerging technologies and data protection compliance data protection by design technologic solutions for data protection compliance data protection good practices across industries and verticals cybersecurity and data protection assessment and certification of data protection compliance, and data subject rights implementation This publication includes papers authored by academics and professionals involved on various areas of data protection, technical, legal and compliance services.Chapter 8 and 10 are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com

This third volume of the Balkan Yearbook of European and International Law (BYEIL) is devoted in particular to the specific legal challenges faced by Southeast European countries in the area of intellectual property law. The authors discuss a range of topics in Serbian and Bosnian and Herzegovinian copyright law, trademark and patent law, the relevance of which extends beyond their national borders. The papers included in the permanent sections on European law and international law explore contemporary challenges in public and private law. These challenges concern various legal fields, including consumer law, commercial law, corporate and criminal law, and the corresponding papers tackle a number of fundamental theoretical issues, while also highlighting the latest developments in legal practice.

This open access book presents recent research and hot topics in the field of real estate science in Japan. It features carefully selected English translations of peer-reviewed papers and excellent articles published in the Japanese Journal of Real Estate Sciences, as well as papers presented at the Japan Association of Real Estate Sciences (JARES) annual conference. The topics covered include market analyses of vacant houses, policies for reuse of vacant houses, property tax policy, issues of land for which the owners are unknown, disaster and real estate values, the siting optimization plan and its influence on real estate, big data and ICT technology for the real estate business, and public real estate management.Real estate science in Japan has developed in step with international research in the fields of law and economics, regional science, civil engineering, environmental science, architectonics, and related areas. At the same time, it has evolvedinto a unique discipline that focuses on policy-oriented practical science with arguments for the reform of outdated laws, regulations, and traditional customs. Asian countries are currently growing rapidly and are catching up with developing countries. The lessons learned and know-how accumulated by JARES is helpful for practitioners and policymakers not only in Japan, but also in other Asian countries.

Examination Thesis from the year 2017 in the subject Law - Miscellaneous, grade: 15, LMU Munich (Juristische Fakultät), course: Schwerpunktseminar - Internationale Schiedsgerichtsbarkeit, language: English, abstract: This paper deals with the question whether there are limits to the competence of arbitral tribunals to decide on the arbitrators'fees. The paper begins with an outline of the principle, that no one shall be judged in his own affairs in order to demonstrate the problematic nature of the issue. The examination of the scope of competence and its limits will follow the two phases during which its relevance becomes apparent: First, the tribunal's right to remuneration and the scope of its competence to determine such at the stage of the arbitral proceeding. Second, restrictions and limits set by national courts during recognition and enforcement of the award will be addressed. The recent landmark decision by the German Federal Supreme Court shall be evaluated also in light of international case law. A judge or arbitrator would automatically be disqualified from hearing a case in which he or she has a financial or non-pecuniary interest. Statements like this can be found in almost every paper addressing the requirements of an impartial arbitral tribunal or court. If an arbitrator has a financial interest in the victory of a party of the proceeding, it is undisputed that he or she is not capable to decide over the dispute. This gives rise to the question, why courts and legal scholars are hesitant to apply this principle of impartiality to the arbitrators'competence to decide upon its own fees and costs. Certainly, the issue has its own characteristics such as the parties'voluntary submission to arbitration and the special contractual relationship between parties and arbitrators. But how shall the centuries-old principle of nemo iudex in causa sua apply, when an arbitral tribunal decides upon the arbitrators'fee? Under this doctrine no one may act as judge in his own affairs. It is a key rule of natural justice and an essential part of the right to a fair trial as set forth in Art. 6 (1) of the European Convention on Human Rights. It is this paper's objective to analyse and discuss the limits of the arbitral tribunal's competence to judge on its own remuneration.

This volume of Eurasian Studies in Business and Economics includes selected papers from the 25th Business and Economics Society (EBES) Conference, held in Berlin, Germany, in May 2018. While the theoretical and empirical papers presented cover diverse areas of economics and finance from different geographic regions, the main focus is on the latest research in the economics of innovation, investment and risk management together with regional studies. The book also includes studies on law and regulation themes such as economic offences by women, formation of contracts via the internet and public tender for residents of communes.

Bachelor Thesis from the year 2017 in the subject Law - Miscellaneous, grade: B, Moi University (Annex School of Law), course: Bachelor of Laws (Honours), language: English, abstract: This legal research paper investigates the management of intergovernmental disputes in the Kenyan devolved system since 2013 when the first governments took power under the new Constitution of Kenya, 2010. The constitutional, legal and institutional framework for managing intergovernmental disputes in the Kenyan devolved system is examined. The process of management of intergovernmental disputes effectively for the realization of the objects of devolution in Kenya is accessed. South African jurisprudence on the management of intergovernmental disputes is used because it provides instructive lessons on interpreting the Kenyan constitutional provisions on the management of intergovernmental disputes. The result of this study is that the process of management of intergovernmental disputes in the Kenyan devolved system is a three-tier process. The starting point in the management of intergovernmental disputes is to prevent, minimize and avoid such disputes through intergovernmental relations and cooperative government. Secondly, where avoidance fails, intergovernmental disputes are formally declared and the governments are obligated to resolve such disputes through Alternative Dispute Resolution (ADR) mechanisms so as not to strain their relationships, amongst other reasons. Lastly, the governments are allowed to access the courts as the last resort after all reasonable efforts to resolve such disputes through ADR mechanisms have completely failed. The jurisprudence emerging from the Kenyan courts has been useful in this research. South African jurisprudence on the management of intergovernmental disputes has also been useful on providing instructive lessons on how the Kenyan constitutional provisions on the management of intergovernmental disputes can be interpreted. This legal research paper concludes that purposive interpretation of the constitutional provisions dealing with the management of intergovernmental disputes must be adopted. This is because one of the ways through which the objects of devolution can be achieved in the Kenyan devolved system is through the efficient management of intergovernmental disputes.

The Fourth Industrial Revolution has the potential to raise global income levels and improve the quality of life for populations around the world. Technology development of AI, self-driving, big data, the Internet of things, and many digital revolutions have changed how people interact with each other. Therefore, developing a comprehensive and globally shared view of how technology is affecting our lives and reshaping our social, cultural, and human environments is essential. There has never been a time of more significant promise, or one of greater potential peril. Today's decision-makers, however, are too often trapped in traditional, linear thinking, or too absorbed by the multiple crises demanding their attention, to think strategically about the forces of disruption and innovation shaping our future.The main goal of the conference was to provide an outlet for papers discussing the importance and impact of industrial revolution 4.0 to influence social aspect in human life. The proceedings consist of papers covering issues on psychology, law, communication studies, culture, religion, and literature. The proceedings will provide the latest research and constitute a concise but timely medium for the dissemination.The Proceedings of the 1st International Conference on Social Sciences Series (SOSCIS 2019) will be invaluable to professionals and academics in psychology, law, communication studies, culture, religion, and literature.

The proliferation of data-driven criminal justice operations creates millions of criminal records each year in the United States. Documenting everything from a police stop to a prison sentence, these records take on a digital life of their own as they are collected by law enforcement and courts, posted on government websites, re-posted on social media, online news and mugshot galleries, and bought and sold by data brokers. The result is'digital punishment,'where mere suspicion or a brush with the law can have lasting consequences. In Digital Punishment, Sarah Esther Lageson unpacks criminal recordkeeping in the digital age, as busy and overburdened criminal justice agencies turned to technological solutions offered by IT companies over the last two decades. These operations produce a mountain of data, including the names, photographs, and home addresses of people arrested or charged with a crime, transforming millions of paper records into a digital commodity. Regardless of factual or legal guilt, these records rapidly multiply across the private sector background checking and personal data industries. Emboldened by public records laws designed for paper-based systems, criminal record data has become an extremely valuable resource for employers, landlords, and communities to monitor criminal behavior and assess other people. But while transparency laws were originally designed to allow governmental watchdogging, digital punishment has redirected our gaze toward one another. Hundreds of interviews detailed in this book reveal the consequences of digital punishment, as people purposefully opt out of society to cope with privacy and due process violations. As criminal histories impact nearly every aspect of private and civic life, the collateral consequences of even the most minor records are much more than barriers to employment and housing. For the criminal record-holder, the messy entanglement of government bureaucracy is nothing compared to the jurisdiction-less haze of the internet. Drawing on empirical data, interviews, and review of case law, this book powerfully demonstrates that addressing digital punishment will require a direct acknowledgement of privacy and dignity in the context of public accusation, and a reckoning of how rehabilitation can actually occur in a society that never forgets.

This book presents selected papers from the 23rd Eurasia Business and Economics Society (EBES) Conference, held in Madrid, Spain. While the theoretical and empirical papers presented cover diverse areas of economics and finance in different geographic regions, the main focus is on the latest research concerning international trade, public economics, and regional studies. The book also includes studies on the economics of innovation, inequality and tourism.

The two sections of this volume present theoretical developments and practical applicative papers respectively. Theoretical papers cover topics such as intercultural pragmatics, evolutionism, argumentation theory, pragmatics and law, the semantics/pragmatics debate, slurs, and more. The applied papers focus on topics such as pragmatic disorders, mapping places of origin, stance-taking, societal pragmatics, and cultural linguistics. This is the second volume of invited papers that were presented at the inaugural Pragmasofia conference in Palermo in 2016, and like its predecessor presents papers by well-known philosophers, linguists, and a semiotician. The papers present a wide variety of perspectives independent from any one school of thought.

This work contains the papers of the thirteenth Conference on “Antitrust between EU Law and national law”, held in Treviso on May 24 and 25, 2018 under the patronage of the European Lawyers Union – Union des Avocats Européens (UAE), the Associazione Italiana per la Tutela della Concorrenza - the Italian section of the Ligue Internationale du Droit de la Concurrence (LIDC)-, the Associazione Italiana Giuristi di Impresa (AIGI), the European Company Lawyers Association (ECLA), and the Associazione Antitrust Italiana (AAI).Some of the papers have been extensively reviewed and updated by the authors prior to publication.The contributions contained in this volume are the result of an in-depth analysis and study of the most salient issues arising from the application of antitrust rules, carried out by experienced and high-ranking professionals, in-house lawyers, academics and EU/national and international institutional representatives who attended the Conference.They deal with extremely topical issues, lying at the heart of current antitrust debate. Some of the most contemporary topics include those related to private antitrust enforcement after the implementation of Directive 2014/104/EU, and to the interplay between antitrust and intellectual property rights.Ample consideration is also given to recent developments in the field of new technologies and the related antitrust issues, as well as to the relations between consumer protection and antitrust. • • • Questo volume contiene gli atti del XIII Convegno sul tema “Antitrust fra Diritto Nazionale e Diritto dell'Unione Europea”, tenutosi a Treviso il 24 e 25 maggio 2018 con il patrocinio dell'Unione degli Avvocati Europei (UAE), dell'Associazione Italiana per la Tutela della Concorrenza - sezione italiana della Ligue Internationale du Droit de la Concurrence (LIDC) -, dell'Associazione Italiana dei Giuristi di Impresa (AIGI), della European Company Lawyers Association (AEJE-ECLA) e dell'Associazione Antitrust Italiana (AAI). Alcuni contributi sono stati sostanzialmente rivisti ed aggiornati dagli autori prima della pubblicazione. Gli articoli contenuti nel presente volume sono il frutto del prezioso lavoro di studio e approfondimento delle più interessanti tematiche correlate all'applicazione del diritto antitrust, svolto da qualificati esponenti del mondo professionale, imprenditoriale, accademico ed istituzionale, intervenuti al Convegno. I contributi pubblicati affrontano temi di estrema rilevanza, che rappr sentano il cuore delle problematiche antitrust oggi maggiormente dibattute, tra le quali spiccano, per attualità, quelle connesse al private enforcement ed al risarcimento dei danni in seguito dell'attuazione della Direttiva 2014/104/UE, nonché alle interazioni tra diritto antitrust e diritti di proprietà intellettuale. Ampio spazio è inoltre dedicato alle tematiche concernenti le nuove tecnologie e la loro rilevanza dal punto di vista antitrust, nonché ai rapporti tra tutela del consumatore e diritto antitrust.

New Technologies, Artificial Intelligence and Shipping Law in the 21st Century consists of edited versions of the papers delivered at the Institute of International Shipping and Trade Law's 14th International Colloquium at Swansea Law School in September 2018. Written by a combination of top academics and highly experienced legal practitioners, these papers have been carefully co-ordinated to give the reader a first-class insight into the issues surrounding new technology and shipping.The book is set out in three parts: Part I offers a detailed and critical analysis of issues that are emerging, and those that are likely to emerge, from the use of advanced computer technology, particularly at the contracting process and in the context of issuing trading documents. Part 2 focusses on artificial intelligence and discusses the contemporary issues that will emerge once autonomous ships and similar crafts are put to use in the world's oceans. As well as this, the legal impact of ports utilising artificial intelligence and computer technology will also be considered. Part 3 analyses how the increasing use of legal technology is changing insurance underwriting and shipping litigation. An invaluable guide to the recent technological advances in shipping, this book is vital reading for both professional and academic readers.

This monograph presents new ideas in nomic truth approximation. It features original and revised papers from a (formal) philosopher of science who has studied the concept for more than 35 years.Over the course of time, the author's initial ideas evolved. He discovered a way to generalize his first theory of nomic truth approximation, viz. by dropping an unnecessarily strong assumption. In particular, he first believed to have to assume that theories were maximally specific in the sense that they did not only exclude certain conceptual possibilities, but also that all non-excluded possibilities were in fact claimed to be nomically possible.Now, he argues that the exclusion claim alone, or for that matter the inclusion claim alone, is sufficient to motivate the formal definition of being closer to the nomic truth. The papers collected here detail this generalized view of nomic truthlikeness or verisimilitude.Besides this, the book presents, in adapted form, the relation with several other topics, such as, domain revision, aesthetic progress, abduction, inference to the best explanation, pragmatic aspects, probabilistic methods, belief revision and epistemological positions, notably constructive realism.Overall, the volume presents profound insight into nomic truth approximation. This idea seeks to determine how one theory can be closer to, or more similar to, the truth about what is nomically, e.g. physically, chemically, biologically, possible than another theory. As a result, it represents the ultimate goal of theory oriented empirical science.Theo Kuipers is the author of Studies in Inductive Probability and Rational Expectation (1978), From Instrumentalism to Constructive Realism (2000) and Structures in Science (2001). He is the volume-editor of the Handbook on General Philosophy of Science (2007).In 2005 there appeared two volumes of Essays in Debate with Theo Kuipers, entitled Confirmation, Empirical Progress, and Truth Approximation and Cognitive Structures in Scientific Inquiry.

Published in 1998. This collection of papers, written by leading lawyers and sociologists in the UK, focuses on the relationships between gender and the law in the context of three areas of law: family law, criminal law and equal rights. The papers argue that gender roles within society affect the legal rights of individuals and impact on procedures they go through to enforce their rights or to gain redress for wrongs done to them. By failing to recognize the social and economic situations in which men and women are placed, the law perpetuates inequalities in their positions. Where attempts are made to ensure equality between the sexes, the result is often the exact opposite, because the legal system treats individuals as equals operating in a vacuum, ignoring the argument that equal treatment does not necessarily mean the same treatment, but can mean different treatment to ensure equality of result. Topics include: ¢ Disputes in the area of parental child custody rights ¢ The rights of surviving spouses to their deceased partner's estate ¢ Theories for violent behaviour in women as contrasted with men ¢ Gender bias in criminal sentencing ¢ The role of European law in promoting sex equality in the work place ¢ Pornography and free speech ¢ Homosexuality as a civil right of citizenship

This book offers a comprehensive investigation of privacy in the modern world. It collects 16 papers that look at this essential topic from many facets, from the personal to the technological, from the philosophical to the legal. The contributors examine such issues as the value of privacy protection, the violation of spreading personal falsehoods, the digital rights of children, an individual's right to be forgotten from internet search engines, and more.The organization of the volume helps provide a nuanced understanding of this often controversial topic. Coverage starts with key concepts before moving on to explore personal information privacy and the impact of new technologies. Next, the papers consider privacy in different contexts. These include work, sex, family, crime, and religion. This structure enables greater engagement with the difficult questions about privacy. Readers will gain deep insight into the core concepts of privacy as well as its application to everyday life. This interdisciplinary volume brings together an international team of scholars. They provide a broad combination of expertise in law, philosophy, and political science. Overall, this thought-provoking examination will appeal to interested readers in both academia and practice.

This title was first published in 2003. The essays in this collection are written by academics and practitioners who look at some of the key aspects of family law. Papers include one from Lord Justice Ward, who gave the first judgement in the Court of Appeal on the case of the conjoined twins from Malta, another from Judge Pearl who has been responsible for training the judiciary on the impact of the Human Rights Act on family law, while Dr C. Ball contributes a paper on aspects of the 1989 Children Act. Parent and child contact across borders is dealt with in a paper by William Duncan, who is Deputy Director General of the Hague Conference. Other topics include medical evidence in child cases, pre-nuptial agreements and the re-establishing of contact after divorce.

First published in 1997, this volume constitutes a collection of new papers by more than 20 United Kingdom and International experts on general and specific issues relating to the reform of all aspects of property law. Topics covered include the language of property law and the dangers of reform, the role of the Law Commission and the workings of Parliamentary procedures, registration of title to land, landlord and tenant, land pollution, mortgages, sale of goods, the Hague Convention on trusts, together with general comparative papers and papers dealing with specific issues of property law reform affecting Hong Kong, Ireland, Scotland and South Africa. The volume arises out of the successful conference'The Reform of Property Law'hosted by the Centre for Property Law at The University of Reading in 1996.

This book consists of edited versions of the papers delivered at the Institute of International Shipping and Trade Law's 12th International Colloquium at Swansea Law School in September 2016. Featuring a team of contributors at the top of their profession, both in practice and academia, these papers have been carefully co-ordinated so as to ensure to give the reader a first class insight into the issues surrounding charterparties. The book is set out in three parts. -Part I offers a detailed and critical analysis of issues of contemporary importance concerning time charters. -Part 2 carries out a similar analysis with regard to voyage charterparties. -Part 3 deliberates issues common to both type of charterparties. Offering critical analysis of contemporary legal issues on charterparty contracts, this book considers recent legal and practical developments and is therefore essential reading for both professional and academic readers with an interest in charterparties.

Maritime Liabilities in a Global and Regional Context consists of edited versions of the papers delivered at the Institute of International Shipping and Trade Law's 13th International Colloquium at Swansea Law School in September 2017. Written by a combination of top academics and highly-experienced legal practitioners, these papers have been carefully co-ordinated to give the reader a first-class insight into the issues surrounding maritime liabilities. The book is set out in two parts:- Part I offers a detailed and critical analysis of issues of contemporary importance concerning maritime liabilities- Part 2 discusses contemporary issues concerning the enforcement of maritime liabilities. An invaluable guide to recent legal and practical developments in maritime liabilities, this book is vital reading for both professional and academic readers.

First published in 1999, this is the first of two books based on papers given at the conference organised by the Centre for Property Law at Reading in March 1998 under the title ‘Contemporary Issues in Property Law'. Speakers represented jurisdictions from around the world. Their subjects ranged from the theoretical and jurisprudential to the severely practical. No one who attended the conference – or subsequently reads the papers in this and the following book, Property Law: Current Issues and Debates – can believe in the picture of property law as archetypical, dry as dust, black letter, law. Questions of human rights, changes in social structures, technological developments are all shown to have their impact on property law, calling for careful analysis of the present law and practical proposals for reforms to reflect new developments.

This book addresses the key issues, challenges and implications arising out of changes in the copyright law and corresponding judicial responses. Using concrete examples, the book does not assume any prior knowledge of copyright law, but brings together leading intellectual property researchers to consider the significant role of copyright law in shaping the needs of the modern digital world. It provides an insight into two distinct arenas: copyright and digital media. The exponential increase in the ability to multiply and disseminate information by digital means has sparked numerous conflicts pertaining to copyright – and in turn has prompted lawmakers to expand the scope of copyright protection in the digital age. Bearing in mind the new questions that the advent of the digital age has raised on the role and function of copyright, the book presents a collection of papers largely covering new frontiers and changing horizons especially in this area. The contributions intensively address core issues including the exhaustion principle, copyright and digital media, liability of hosting service providers, the originality requirement, accessibility to published works for the visually disabled, criminalization of copyright infringement, and software protection under copyright law, among others. Consisting of 14 papers, this book will be equally interesting to researchers, policymakers, practitioners and lawmakers, especially those active in the field of Intellectual Property Rights (IPR).

This book consists of edited versions of the papers delivered at the Institute of International Shipping and Trade Law's 11th International Colloquium, held at Swansea Law School in September 2015. Featuring a team of contributors at the top of their profession, both in practice and academia, these papers have been carefully co-ordinated so as to ensure to give the reader a first class insight into the issues surrounding international sale and carriage contracts. The book is set out in three parts: Part I offers a detailed and critical analysis on emerging issues and unresolved questions in international sales and the carriage contracts affected to facilitate such sales. Part II critically and thoroughly analyses the legal issues that often arise in the context of security over goods, letters of credit and similar documents. Part III is dedicated to a critical and up-to-date discussion on matters concerning cargo insurance in this context. With its breadth of coverage and high-quality analysis, this book is vital reading for both professional and academic readers with an interest in international trade and carriage of goods.

Shveta Dhaliwal teaches at the Rajiv Gandhi National University of Law, Punjab, Patiala, India. Her areas of specialisation are geopolitics, regional human rights systems, comparative political thought and international relations. She has published more than 40 research papers and presented over 150 papers in international and national conferences. She has an authored and three edited books to her credit. She is member of the Indian Political Science Association and the Indian Society of International Law and South Asian Foundation.

The main challenges within international human rights law are generally thought to be in the fields of transitional justice, non-state actors, terrorism, development, poverty and environmental degradation. This volume of articles not only covers these mainstream challenges but also a wider and more systematic range, including justiciability of social and economic rights, extraterritoriality, health care and investment arbitration. The key literature selected for this collection includes articles that have appeared in mainstream journals and books from leading publishers as well as papers that have appeared in lesser known journals, hard to find books and UN documents. Some of these are classic essays whilst others are more recent additions that reflect the current state of the debate. The papers are put into context by a specially commissioned introduction by the volume editor. This volume is an invaluable resource for human rights lawyers in search of the key literature in fields outside their own specialization as well as for students, researchers and lecturers seeking an overview of the challenges in human rights law.

This paper makes a contribution to research on the European anti-money laundering law by analyzing the manner in which the anti-money laundering legal regime in Europe. Such regulations are not implemented with the same rigor throughout the entire European Union and that this anti-money laundering mechanism is only as strong as its implementation in the weakest Member State. It also discusses the fines imposed the governmental authorities on the banks and financial institutions for their failure to apply the anti-money laundering rules and directives and concludes that as presently implemented such fines are not having the intended effects, but resulting in the affected institutions creating reserves to pay for such fines as if it were another cost of doing business. Lastly, the paper recommends measures which the EU can use to strengthen the anti-money laundering mechanism such as increasing substantially the fines imposed on banks and financial institutions which fail to implement the regulations.

Cyberhate is defined as racist, discriminatory, negationist and violent statements made on social network platforms, text platforms, comment pages, and more. The Handbook on Cyber Hate, the Modern Cyber Evil, includes twenty-seven chapters from scholars representing over fifteen countries from the Global North and the Global South demonstrating a range of multi-faceted perspectives. While providing such a focus, these papers will also operate with a constantly evolving conceptualization of contemporary societies and their modern cyber-evil. Indeed, modern cyber-evil is a global concern and is primarily based on human minds and activities, and on deviant uses of modern technologies, which may differ ideologically, historically and culturally on the global map of modern legal systems. This plurality of perspectives, which poses a challenge to our future, is a strength of this handbook that offers a variety of foundations, legal perspectives, and popular developments in an effort to suggest measures to combat this modern cyber-evil infecting communications around the world. Editors Anne Wagner and Sarah Marusek offer a unique collection of chapters involving the theoretical foundations, legal perspectives, and societal perspectives from popular culture of modern cyber evil in order to address and combat racism on the basis of alleged race, skin color, nationality, descent and national or ethnic origin, etc.; discrimination/xenophobia on the basis of sex, gender, sexual orientation, religious or philosophical beliefs, health status, physical characteristics, etc.; hatred; violence; e-predation; and e-victimization. Advance Praise for “Handbook on Cyber Hate – The Modern Cyber Evil” “In'Handbook on Cyber Hate – The Modern Cyber Evil', editors Anne Wagner and Sarah Marusek have masterfully created a much-needed resource for understanding the complex and ever-changing landscape of online hate and cyberbullying. This comprehensive handbook delves deep into the murky waters of cyberevil, offering insightful semiotic and transdisciplinary perspectives from a wide range of international scholars. Each chapter deftly navigates the theoretical, legal, and societal dimensions of cyberhate, shedding light on the complex interplay between technology, law, and culture. The book's exploration of cyber hate is not just academic, but a call to action. It encourages readers, denizens of the digital semiosphere, to recognize and combat the insidious nature of online hate, equipping them with knowledge and strategies for creating a safer digital world. Covering topics from the study of benign exhibitionism, the boundaries between speech and action in cyberhate, legal intricacies of that speech, trolling in social media and hegemonic masculinity, to the cinematic portrayal of cyberbullying and the malicious use of memes: this handbook is a beacon of hope and guidelines in our increasingly digital society. What sets this handbook apart is its holistic approach. It not only identifies problems, but in many cases inspires solutions, fostering a culture of responsible digital citizenship and empathy. This is not just a book, but a road map for creating a more inclusive and compassionate online community. As we face the challenges of the digital age,'Handbook on Cyber Hate – The Modern Cyber Evil'is an indispensable handbook for researchers, educators, policy makers and all who seek to understand and combat the complexities of cyber hate. This is a must-read for shaping a more respectful and empathetic digital world.” Kristian Bankov, Professor of Semiotics, New Bulgarian University “In the present time of great confusion caused by the blurring of the lines of distinction between the real and virtual worlds, between artificial and human forms of intelligence and even between good and bad technologies representative for expressions of

This book seeks to explore the potential and actual value of parliamentary debates as a source of legislative justification. Drawing on a sample of recent Spanish legislation, the papers collected here analyse (critically) the rationale of several laws or legislative measures as it can be reconstructed from the respective parliamentary discussions. All issues covered have given rise to intense political, legal and social controversy: they range from the combat against gender violence, the legal status of bullfighting, the protection of crime victims and the so-called ‘push-backs'at the border, to the regulation of euthanasia, the minimum living income, underage girls'access to abortion, and joint child custody. The volume is organised into two main parts. The first group of case studies adopt a legisprudential perspective and examine parliamentary deliberations in the light of the theory and methodology of legislative justification; the contributions in the second part followapproaches that fall outside – but are largely compatible with –legisprudence, and deal with aspects such as the rhetorical strategies employed by MPs when debating bills, and the role of elected legislators as constitutional interpreters.

With the Brexit referendum more than 50% of the British population voted in favour of the UK leaving the EU. Since that event, much speculation has been about Brexit impact on the global economy, also affecting the insurance market. Existing papers and literature indicate potential significant Brexit implications on the structure of the European insurance market due to the loss of the European Passport, the European Solvency II supervisory regime, as well as on stock prices of insurance companies based in the EU and UK, but so far there is no holistic view on this topic. The dissertation aims to bring together the fragmentary information on Brexit implications for the European insurance market, develop methodological approaches further, conduct new analyses, and reflect a holistic picture of the impact of Brexit on the European insurance market, focusing on the structure of the European insurance market, stock market reactions and the Solvency II supervisory regime.

This book presents a comprehensive review of the Chinese and European responses to the abuse of market dominance, with a focus on the impact of antitrust institutional dynamics on enforcement decisions.It uses the methods of functional comparison and case analysis to investigate how theories of harm relating to specific types of abuse differ within and across competition law regimes due to institutional dynamics. The Chinese and EU competition law regimes serve as excellent examples for this investigation because they have similar substantive laws on paper but vastly different institutional settings. The book examines—first individually and then comparatively—how the distinct institutional dynamics in the Chinese and EU regimes shape the development of theories of harm.This volume will appeal to competition law scholars, students, and practitioners seeking a more nuanced understanding of how competition law works in the EU and China. It will also interest scholars trying to approach the Chinese legal system from an engaging rather than alienating standpoint.

Disserted is a groundbreaking, comprehensive book that guides LL.B students on how to craft a first-class dissertation. It tackles head-on the triple crisis faced by law students in developing nations - a crisis of doubting, thinking, and writing This crisis manifests itself in the form of poorly written dissertations.This is the first book to show how to practically assemble a dissertation from the perspective of decoloniality. This makes Disserted uniquely suited to students from the Global South, considering that decoloniality empowers them to overcome the triple crisis. Indeed, its originality in presenting practical advice and decolonial theory sets this book apart from the handful of guides on LL.B dissertations. Existing resources and manuals are filled with generalities and lack in practicality.Written in student-friendly prose, its 23 chapters cover a wide range of topics. including research proposals, topic selection, purpose and problem statements. literature reviews, digital tools and models powered by artificial intelligence (AI), the basics of legal prompt engineering, plagiarism, grammar, and research methods. Each chapter offers secrets and deep insights, drawing from the author's extensive experience in supervising LL.B dissertations and research papers, notably in Southern Africa and India.Though primarily targeting LL.B students, Disserted also serves as an essential companion and indispensable resource for supervisors, law professors, jurists, and anyone interested in unraveling the complexities of writing dissertations. Overall, Disserted underscores the importance of structured dissertation writing coupled with a decolonized research approach that subverts dominant perspectives, exposes the role of Al and technology in entrenching the coloniality of knowledge, and fosters a broader understanding of law.

Written by leading authors in the field, this clear and highly accessible volume provides full coverage of the topics commonly found in the contract law syllabus, alongside up-to-date illustrative case examples and stimulating commentary.Composed of approximately one-quarter authors'commentaries and three-quarters cases and materials, including academics'articles and extracts from books and Law Commission papers, this book takes account of a variety of theoretical perspectives, including economic, relational and empirical conceptions of the law.This book facilitates the development of personal study skills and encourages readers to engage with the leading academic commentaries in the area. Features to support your learning include: chapter introductions to highlight the salient features under discussion and signpost topics to guide readers through this comprehensive text; additional reading listed at the end of each chapter to assist further study and independent research; clear and attractive text design that differentiates between the authors'commentaries and the materials; a companion website that provides skills materials and self-assessment tasks to help further your learning. The range of material covered, straightforward style and targeted updates to this fifth edition make Text, Cases and Materials on Contract Law a comprehensive and invaluable resource for all undergraduate and postgraduate students of contract law.

This volume contains papers presented at the conference'The Role of the Judiciary in the Protection of Human Rights', held in Cairo, December 1996 under the auspices of the Supreme Constitutional Court of Egypt and the British Council.

This is an open access book.The Faculty of Law (FOL), Multimedia University will hold the 3rd International Conference on Law and Digitalization 2023 (ICLD23) on 26-28 July 2023 (Virtual Conference). ICLD23 will be part of the bigger Digital Future Congress (DIFCON 2023) comprising of various other conferences of multidisciplinary academic interests. The aim of ICLD23 is to provide a platform for both local and international academics, practitioners, policymakers, researchers and students to meet, share ideas and knowledge in law and digitalization through paper presentation. It also aims to encourage academic linkages between the academicians and the researchers from the legal fraternity. It also promotes future co-operations among the intellectuals from various fields and disciplines.

O documento que ratificou a constituição da maior democracia do mundo! Escrito por Alexander Hamilton, James Madison e John Jay, Os Artigos Federalistas (The Federalist Papers) são compostos por 85 ensaios, resultantes de reuniões que ocorreram na Filadélfia em 1787, e tratam de posicionamentos teóricos sobre as questões e deveres coletivos, individuais, sociais, econômicos e culturais – preocupações estruturantes no nascimento daquele país. Embora escritos há mais de dois séculos, esses ensaios atemporais se transformaram num clássico da ciência política, e até hoje são considerados insuperáveis em amplitude e profundidade sobre quaisquer outros produzidos posteriormente. Revisitar estas ideias parece muito necessário no mundo contemporâneo, quando o Estado, em inúmeros países, começa a avançar sobre os direitos individuais dos cidadãos.