Mark Fenwick – författare

Prior to European arrival in New Zealand, fishing was a significant component of M?ori subsistence. The abundant fish stocks provided a rich and readily available resource, with methods of procuring fish based on careful observations of generations of fishers. Supplemented by shellfish and birds, the fish stocks were sufficient to provide adequate food supplies, except when seasonal periods of adverse weather prevented harvesting.M?ori fished efficiently and sustainably utilizing nets (some over a mile long), traps, pots, spears, and lures, as well as hooks made of wood, bone, shell or stone that were as effective as any modern steel hook. The surplus catch was prepared and stored for later consumption.In the late 1700s, European sealers and whalers traded with M?ori, often using metal tools as barter. The superiority of metal for working implements soon became apparent to M?ori, who rapidly discarded their traditional tools. By the late 19th century these tools were less evident; however, artefacts were being made by both M?ori and Europeans to meet the demand from tourists and collectors.Changes in M?ori lifestyles associated with the increasing availability of European agricultural cultivars and domestic animals, as well as urbanization, led to a decline in M?ori fishing activity. Another impact of colonization was the loss of indigenous knowledge (m?tauranga) surrounding fish-hook design and use. Present-day interpretation of traditional tools including the rotating M?ori fishhook design has influenced the custom of wearing hei matau (stylized fish-hooks) as personal adornment.

In response to cartel formation, competition lawyers and policymakers in nine Asian jurisdictions have experimented with leniency programmes. This mechanism allows firms to come forward with information in relation to their illegal cartel participation in return for a reduction of or immunity from a sanction. The experimentation plays out across three different dimensions: the revision of early adopted leniency programmes, the introduction of newly written leniency programmes, and the decision - deliberate or otherwise - not to create a leniency programme. This volume is the first to analyse the empirical evidence across a number of countries to determine how effective these measures have been, and how they have been amended in response to problems encountered. In this volume, local experts from key Asian jurisdictions, together with international experts, offer an introduction to this fast-developing field, and explore the theoretical, international and regulatory contexts of leniency programmes.

The emergence of digital platforms and the new application economy are transforming healthcare and creating new opportunities and risks for all stakeholders in the medical ecosystem. Many of these developments rely heavily on data and AI algorithms to prevent, diagnose, treat, and monitor diseases and other health conditions. A broad range of medical, ethical and legal knowledge is now required to navigate this highly complex and fast-changing space. This collection brings together scholars from medicine and law, but also ethics, management, philosophy, and computer science, to examine current and future technological, policy and regulatory issues. In particular, the book addresses the challenge of integrating data protection and privacy concerns into the design of emerging healthcare products and services. With a number of comparative case studies, the book offers a high-level, global, and interdisciplinary perspective on the normative and policy dilemmas raised by the proliferation of information technologies in a healthcare context.

The emergence of digital platforms and the new application economy are transforming healthcare and creating new opportunities and risks for all stakeholders in the medical ecosystem. Many of these developments rely heavily on data and AI algorithms to prevent, diagnose, treat, and monitor diseases and other health conditions. A broad range of medical, ethical and legal knowledge is now required to navigate this highly complex and fast-changing space. This collection brings together scholars from medicine and law, but also ethics, management, philosophy, and computer science, to examine current and future technological, policy and regulatory issues. In particular, the book addresses the challenge of integrating data protection and privacy concerns into the design of emerging healthcare products and services. With a number of comparative case studies, the book offers a high-level, global, and interdisciplinary perspective on the normative and policy dilemmas raised by the proliferation of information technologies in a healthcare context.

The principle of legal certainty is of fundamental importance for law and society: it has been vital in stabilising normative expectations and in providing a framework for social interaction, as well as defining the scope of individual freedom and political power. Even though it has not always been fully realised, legal certainty has also functioned as a normative ideal that has structured legal debates, both at the national and transnational level.This book presents research from a range of substantive areas regarding the meaning, possibility and desirability of legal certainty in the context of a rapidly changing global society. It aims to address these issues by bringing together scholars from various jurisdictions in order to examine changes in the shifting meaning of legal certainty in a comparative and transnational context. In particular, the book explores some of the tensions that now exist between the conventional expectation of legal certainty and the various challenges associated with regulating highly complex, late modern economies and societies. The book will be of interest to lawyers concerned with understanding the transformation of core rule of law values in the context of contemporary social change, as well as to political scientists and social theorists.

This book provides an accessible introduction to selected new issues in transnational law, and connects them to existing theoretical debates on transnational business regulation. More specifically, (i) it introduces the argument about the evolving character of contemporary international business regulation; (ii) it provides an overview of some of the main fields of law that are currently important for firms that operate across borders; and (iii) it sets out an interpretive framework for making sense of disparate developments occurring across a number of jurisdictions, among which are the form of regulation and style of enforcement, issues of legal certainty, and behavioural aspects of regulation. The selected topics are indicative of some key issues confronting businesses looking to operate across national borders, as well as policy makers seeking to introduce and enforce meaningful regulatory standards in an increasingly global society. Topics include: consumer law; product liability; warranty law and obsolescence; collective redress; alternative dispute resolution; corporate wrongdoing; corporate governance; and e-commerce.This timely work offers a novel perspective on transnational business law and examines a range of legal issues that preoccupy companies operating transnationally. This book is intended not only for law students looking for an introduction, overview or commentary on the contemporary state of international business law, but also for anyone looking for an introduction to the regulation of business in a global, inter-connected economy.

The principle of legal certainty is of fundamental importance for law and society: it has been vital in stabilising normative expectations and in providing a framework for social interaction, as well as defining the scope of individual freedom and political power. Even though it has not always been fully realised, legal certainty has also functioned as a normative ideal that has structured legal debates, both at the national and transnational level.This book presents research from a range of substantive areas regarding the meaning, possibility and desirability of legal certainty in the context of a rapidly changing global society. It aims to address these issues by bringing together scholars from various jurisdictions in order to examine changes in the shifting meaning of legal certainty in a comparative and transnational context. In particular, the book explores some of the tensions that now exist between the conventional expectation of legal certainty and the various challenges associated with regulating highly complex, late modern economies and societies. The book will be of interest to lawyers concerned with understanding the transformation of core rule of law values in the context of contemporary social change, as well as to political scientists and social theorists.

This book brings together a series of contributions by leading scholars and practitioners to examine the main features of smart contracts, as well as the response of key stakeholders in technology, business, government and the law. It explores how this new technology interfaces with the goals and content of contract law, introducing and evaluating several mechanisms to improve the ‘observability’ and reduce the costs of verifying contractual obligations and performance. It also outlines various ‘design patterns’ that ensure that end users are protected from themselves, prevent cognitive accidents, and translate expectations and values into more user-oriented agreements.Furthermore, the chapters map the new risks associated with smart contracts, particularly for consumers, and consider how they might be alleviated. The book also discusses the challenge of integrating data protection and privacy concerns into the design of these agreements and the broad range of legal knowledge and skills required. The case for using smart contracts goes beyond ‘contracts’ narrowly defined, and they are increasingly used to disrupt traditional models of business organisation. The book discusses so-called decentralised autonomous organisations and decentralised finance as illustrations of this trend.This book is designed for those interested in looking to deepen their understanding of this game-changing new legal technology.

This book brings together a series of contributions by leading scholars and practitioners to examine the main features of smart contracts, as well as the response of key stakeholders in technology, business, government and the law. It explores how this new technology interfaces with the goals and content of contract law, introducing and evaluating several mechanisms to improve the ‘observability’ and reduce the costs of verifying contractual obligations and performance. It also outlines various ‘design patterns’ that ensure that end users are protected from themselves, prevent cognitive accidents, and translate expectations and values into more user-oriented agreements.Furthermore, the chapters map the new risks associated with smart contracts, particularly for consumers, and consider how they might be alleviated. The book also discusses the challenge of integrating data protection and privacy concerns into the design of these agreements and the broad range of legal knowledge and skills required. The case for using smart contracts goes beyond ‘contracts’ narrowly defined, and they are increasingly used to disrupt traditional models of business organisation. The book discusses so-called decentralised autonomous organisations and decentralised finance as illustrations of this trend.This book is designed for those interested in looking to deepen their understanding of this game-changing new legal technology.

This Research Handbook inspires a new vision of contracts, with practical illustrations of how they should be designed, rather than just drafted. The contributors offer a proactive approach, merged with innovative design, to show how contracts can be both user-friendly and legally functional. This ground-breaking work goes beyond the initial drafting and formation of contracts to cover implementation and integration with business infrastructure – including digital processes. Drawing on a multi-disciplinary perspective, it highlights all aspects of the contract lifecycle, using both theoretical and practical scenarios. As well as improved design and communication, the Handbook takes a creative view of the role of emerging technologies, including AI, and how they can increase contract functionality and visualisation. The goals are simplification, clarity about rights and obligations, and the prevention of unnecessary legal problems. Providing an up-to-date analysis of current trends in contract design thinking and practice, this Handbook will be an excellent resource for contract and legal professionals, scholars and practitioners. Entrepreneurs, procurement and sales managers, information designers and technologists will also find the forward-thinking, human-centred approach in this book illuminating and informative.

This book brings together a unique range of case studies focusing on networks in the context of business regulation. The case studies form the basis for an interdisciplinary dialogue on the meaning, value and the limits of the 'network concept' as a tool for understanding and critically evaluating the emergent transnational legal order.

This book brings together a unique range of case studies focusing on networks in the context of business regulation. The case studies form the basis for an interdisciplinary dialogue on the meaning, value and the limits of the 'network concept' as a tool for understanding and critically evaluating the emergent transnational legal order.

This book brings together a number of contributions examining how changes associated with economic globalization have contributed to the creation of new pressures on, and expectations of, those fields of law connected to the regulation of cross-border commercial transactions.

This book brings together a number of contributions examining how changes associated with economic globalization have contributed to the creation of new pressures on, and expectations of, those fields of law connected to the regulation of cross-border commercial transactions.

Thisbook addresses issues concerning the shifting contemporary meaning of legalcertainty. The book focuses on exploring the emerging tensions that existbetween the demand for legal certainty and the challenges of regulatingcomplex, late modern societies. The book is divided into two parts: the firstpart focusing on debates around legal certainty at the national level, with aprimary emphasis on criminal law; and the second part focusing on debates atthe transnational level, with a primary emphasis on the regulation oftransnational commercial transactions.Inthe context of legal modernity, the principle of legal certainty—the idea thatthe law must be sufficiently clear to provide those subject to legal norms withthe means to regulate their own conduct and to protect against the arbitraryuse of public power—has operated as a foundational rule of law value. Eventhough it has not always been fully realized, legal certainty has functioned asa core value and aspiration that has structured normative debates throughoutpolitical modernity, both at a national and international level.Inrecent decades, however, legal certainty has come under increasing pressurefrom a number of competing demands that are made of contemporary law, inparticular the demand that the law be more flexible and responsive to a socialenvironment characterized by rapid social and technological change. Theexpectation that the law operates in new transnational contexts and regulatesevery widening sphere of social life has created a new degree of uncertainty,and this change raises difficult questions regarding both the possibility anddesirability of legal certainty.This book compiles,  in one edited volume, research from a range ofsubstantive areas of civil and criminal law that shares a common interest inunderstanding the multi-layered challenges of defining legal certainty in alate modern society. The book will be of interest both to lawyers interested inunderstanding the transformation of core rule of law values in the context ofcontemporary social change and to political scientists and social theorists.

The first part of the book discusses some of the shortcomings that have prompted legislators to carry out reforms with regard to privacy, data protection, and data security.

Thisbook addresses issues concerning the shifting contemporary meaning of legalcertainty. The book focuses on exploring the emerging tensions that existbetween the demand for legal certainty and the challenges of regulatingcomplex, late modern societies. The book is divided into two parts: the firstpart focusing on debates around legal certainty at the national level, with aprimary emphasis on criminal law; and the second part focusing on debates atthe transnational level, with a primary emphasis on the regulation oftransnational commercial transactions.Inthe context of legal modernity, the principle of legal certainty—the idea thatthe law must be sufficiently clear to provide those subject to legal norms withthe means to regulate their own conduct and to protect against the arbitraryuse of public power—has operated as a foundational rule of law value. Eventhough it has not always been fully realized, legal certainty has functioned asa core value and aspiration that has structured normative debates throughoutpolitical modernity, both at a national and international level.Inrecent decades, however, legal certainty has come under increasing pressurefrom a number of competing demands that are made of contemporary law, inparticular the demand that the law be more flexible and responsive to a socialenvironment characterized by rapid social and technological change. Theexpectation that the law operates in new transnational contexts and regulatesevery widening sphere of social life has created a new degree of uncertainty,and this change raises difficult questions regarding both the possibility anddesirability of legal certainty.This book compiles,  in one edited volume, research from a range ofsubstantive areas of civil and criminal law that shares a common interest inunderstanding the multi-layered challenges of defining legal certainty in alate modern society. The book will be of interest both to lawyers interested inunderstanding the transformation of core rule of law values in the context ofcontemporary social change and to political scientists and social theorists.

Artificial intelligence and related technologies are changing both the law and the legal profession.

The first part of the book discusses some of the shortcomings that have prompted legislators to carry out reforms with regard to privacy, data protection, and data security.

There is a broad consensus amongst law firms and in-house legal departments that next generation “Legal Tech” – particularly in the form of Blockchain-based technologies and Smart Contracts – will have a profound impact on the future operations of all legal service providers. Legal Tech startups are already revolutionizing the legal industry by increasing the speed and efficiency of traditional legal services or replacing them altogether with new technologies. This on-going process of disruption within the legal profession offers significant opportunities for all business. However, it also poses a number of challenges for practitioners, trade associations, technology vendors, and regulators who often struggle to keep up with the technologies, resulting in a widening regulatory “gap.” Many uncertainties remain regarding the scope, direction, and effects of these new technologies and their integration with existing practices and legacy systems. Adding to the challenges is the growing need for easy-to-use contracting solutions, on the one hand, and for protecting the users of such solutions, on the other. To respond to the challenges and to provide better legal communications, systems, and services Legal Tech scholars and practitioners have found allies in the emerging field of Legal Design. This collection brings together leading scholars and practitioners working on these issues from diverse jurisdictions. The aim is to introduce Blockchain and Smart Contract technologies, and to examine their on-going impact on the legal profession, business and regulators.

This book focuses on Fintech regulation in Asian, situating local developments in broader economic, regulatory and technological contexts.

This book focuses on Fintech regulation in Asian, situating local developments in broader economic, regulatory and technological contexts.

This book argues that large corporations need to implement governance practices and processes that make them better innovators and that the challenge is to identify organizational principles and practices that provide the best chance of delivering innovative products to create a meaningful consumer experience.

This book argues that large corporations need to implement governance practices and processes that make them better innovators and that the challenge is to identify organizational principles and practices that provide the best chance of delivering innovative products to create a meaningful consumer experience.

In an age of digital globalization, navigating the complex landscape of international health data transfers presents significant challenges. This anthology delves into the intricate matrix of regulations, policies, and technologies that govern the transnational flow of health data and provides a comprehensive analysis of the legal frameworks across multiple jurisdictions.This volume sheds light on a range of topics, spanning the multifaceted data transfer mechanisms anchored in the General Data Protection Regulation to the landmark Schrems II court decision that resulted in the invalidation of the Privacy Shield, giving rise to the new Standard Contractual Clauses and the EU-US Data Privacy Framework. These seminal events triggered reforms not just in Europe and the US but have had far-reaching effects on global policy frameworks.In light of these developments, the book explores the contemporary regulatory shift spanning countries from the Global North and Global South. This comprehensive exploration encompasses a diverse array of nations, from the European Union, United Kingdom, United States, Japan, South Korea and Taiwan, to China, Australia, Nigeria, Colombia and India. With insights from leading experts and enriched by global case studies, this collection offers a holistic view of the evolving dynamics in international health data transfers. The book provides an indispensable resource for policymakers, legal scholars, healthcare professionals, and technology enthusiasts traversing the intersection of law, ethics, and global health data in the 21st century.

Data sharing – broadly defined as the exchange of health-related data among multiple controllers and processors – has gained increased relevance in the health sciences over recent years as the need and demand for collaboration has increased. This includes data obtained through healthcare provisions, clinical trials, observational studies, public health surveillance programs, and other data collection methods. The practice of data sharing presents several notable challenges, however. Compliance with a complex and dynamic regulatory framework is essential, with the General Data Protection Regulation being a prominent example in a European context. Recent regulatory developments related to clinical trial transparency, trade secrecy, data access, AI training data, and health data spaces further contribute to the difficulties. Simultaneously, government initiatives often encourage scientists to embrace principles of “open data” and “open innovation.”The variety of regulations in this domain has the potential to impede widespread data sharing and hinder innovation. This edited volume, therefore, compiles comparative case studies authored by leading scholars from diverse disciplines and jurisdictions. The book aims to outline the legal complexities of data sharing. By examining real-world scenarios from diverse disciplines and a global perspective, it explores the normative, policy, and ethical dilemmas that surround data sharing in the health sciences today.Chapter Patient Perspectives on Data Sharing, Chapter Supplementary Measures and Appropriate Safeguards for International Transfers of Health Data after Schrems II are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.