Matthias C. Kettemann - Böcker

There is order on the internet, but how has this order emerged and what challenges will threaten and shape its future? This study shows how a legitimate order of norms has emerged online, through both national and international legal systems. It establishes the emergence of a normative order of the internet, an order which explains and justifies processes of online rule and regulation. This order integrates norms at three different levels (regional, national, international), of two types (privately and publicly authored), and of different character (from ius cogens to technical standards). Matthias C. Kettemann assesses their internal coherence, their consonance with other order norms and their consistency with the order's finality. The normative order of the internet is based on and produces a liquefied system characterized by self-learning normativity. In light of the importance of the socio-communicative online space, this is a book for anyone interested in understanding the contemporary development of the internet.This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is offered as a free PDF download from OUP and selected open access locations.

The concept of human security is a new approach to security that focuses on the individual human being and provides policy alternatives to the traditional state-centred view, which considers the state to be the only and ultimate referent of security. Formally introduced into the United Nations system in 1994 the concept’s intellectual roots draw from international humanitarian law, human rights and human development, and since its introduction human security has been progressively integrated into the international security discourse. Mainstreaming Human Security: Policies, Problems, Potential paints a comprehensive picture of the relevance of the concept of human security in practice in a time of changing security paradigms and a challenging international environment. This volume looks at the practical implications of mainstreaming human security. It focuses on the potential, problems and policies of human security in peace operations and crisis management operations of the United Nations and of the European Union. Topics addressed by the contributors include mainstreaming human rights and human security in peace and crisis management in general and the role of human security in the EU’s Common Security and Defence Policy, security sector reform, restorative responses to human rights violations by peacemakers, human security in Serbia and in African peace operations as well as proposals for human security training. The contributions to the book focus equally on mainstreaming human security in the UN and in the EU context. The global issues discussed and conclusions drawn are of relevance for the future of security addressed by peace and crisis management operations all over the world.

The concept of human security is a new approach to security that focuses on the individual human being and provides policy alternatives to the traditional state-centred view, which considers the state to be the only and ultimate referent of security. Formally introduced into the United Nations system in 1994 the concept’s intellectual roots draw from international humanitarian law, human rights and human development, and since its introduction human security has been progressively integrated into the international security discourse. Mainstreaming Human Security: Policies, Problems, Potential paints a comprehensive picture of the relevance of the concept of human security in practice in a time of changing security paradigms and a challenging international environment. This volume looks at the practical implications of mainstreaming human security. It focuses on the potential, problems and policies of human security in peace operations and crisis management operations of the United Nations and of the European Union. Topics addressed by the contributors include mainstreaming human rights and human security in peace and crisis management in general and the role of human security in the EU’s Common Security and Defence Policy, security sector reform, restorative responses to human rights violations by peacemakers, human security in Serbia and in African peace operations as well as proposals for human security training. The contributions to the book focus equally on mainstreaming human security in the UN and in the EU context. The global issues discussed and conclusions drawn are of relevance for the future of security addressed by peace and crisis management operations all over the world.

The Internet is not an unchartered territory. On the Internet, norms matter. They interact, regulate, are contested and legitimated by multiple actors. But are they diverse and unstructured, or are they part of a recognizable order? And if the latter, what does this order look like?This collected volume explores these key questions while providing new perspectives on the role of law in times of digitality. The book compares six different areas of law that have been particularly exposed to global digitality, namely laws regulating consumer contracts, data protection, the media, financial markets, criminal activity and intellectual property law. By comparing how these very different areas of law have evolved with regard to cross-border online situations, the book considers whether cyberlaw is little more than "the law of the horse", or whether the law of global digitality is indeed special and, if so, what its characteristics across various areas of law are. The book brings together legal academics with expertise in how law has both reacted to and shaped cross-border, global Internet communication and their contributions consider whether it is possible to identify a particular mediality of law in the digital age.Examining whether a global law of digitality has truly emerged, this book will appeal to academics, students and practitioners of law examining the future of the law of digitality as it intersects with traditional categories of law.

The Internet is not an unchartered territory. On the Internet, norms matter. They interact, regulate, are contested and legitimated by multiple actors. But are they diverse and unstructured, or are they part of a recognizable order? And if the latter, what does this order look like?This collected volume explores these key questions while providing new perspectives on the role of law in times of digitality. The book compares six different areas of law that have been particularly exposed to global digitality, namely laws regulating consumer contracts, data protection, the media, financial markets, criminal activity and intellectual property law. By comparing how these very different areas of law have evolved with regard to cross-border online situations, the book considers whether cyberlaw is little more than "the law of the horse", or whether the law of global digitality is indeed special and, if so, what its characteristics across various areas of law are. The book brings together legal academics with expertise in how law has both reacted to and shaped cross-border, global Internet communication and their contributions consider whether it is possible to identify a particular mediality of law in the digital age.Examining whether a global law of digitality has truly emerged, this book will appeal to academics, students and practitioners of law examining the future of the law of digitality as it intersects with traditional categories of law.

Bringing together perspectives from academia and practice, this second edition Research Handbook provides fresh insights into debates surrounding digital technology and how to respect and protect human rights in an increasingly digital world.Adopting an interdisciplinary approach, expert contributors cover the issues posed by the management of key internet resources, the governance of its architecture and the role of different stakeholders. The legitimacy of rule making and enforcement, and the exercise of international public authority over users are also key themes. New and revised contributions expand on digital copyright, the impact of digital cultural sovereignty on cultural heritage, the geopolitical influence of social media platforms such as TikTok, and cutting-edge cybercrime regulations. Chapters have been updated to detail events and regulatory changes that illustrate the impact of state cybersecurity measures on personal freedoms.This Research Handbook is a vital read for researchers and students in law, human rights, international politics and technology studies. Policymakers seeking an understanding of human rights in technology will also find this book a highly useful resource.

This open access book explains why a democratic reckoning will start when European societies win the fight against COVID-19.Have democracies successfully mastered the challenges of the pandemic? How has the coronavirus impacted democratic principles, processes and values? At the heels of the worst public health crisis in living memory, this book shines an unforgiving light on the side-lining of parliaments, the ruling by governmental decrees and the disenfranchisement of the people in the name of fighting COVID-19.Pandemocracy in Europe situates the dramatic impact of COVID-19, and the fight against the virus, on Europe’s democracies. Throughout its 17 contributions the book sets the theoretical stage and answers the democratic questions engaged by health emergencies. Seven national case studies – UK, Germany, Italy, Sweden, Hungary, Switzerland, and France – show, each time with a pronounced focus on a particular element of democracy, how different states reacted to the pandemic. The book also shifts the analytical gaze beyond the nation state towards international settings, looking at the effects on the European Union and considering the impact on populist movements. Bridging disciplines and uniting a stellar cast of scholars on democracy, rule of law and constitutionalism, the book provides contours and nuances to a year of debates in political science, international relations and law on the impact of the virus on democracies. In times of uncertainty, Pandemocracy in Europe provides analysis and answers to the democratic challenges of the coronavirus.The ebook editions of this book are available under a CC BY-NC-ND 4.0 licence on www.bloomsburycollections.com.

This open access book explains why a democratic reckoning will start when European societies win the fight against COVID-19.Have democracies successfully mastered the challenges of the pandemic? How has the coronavirus impacted democratic principles, processes and values? At the heels of the worst public health crisis in living memory, this book shines an unforgiving light on the side-lining of parliaments, the ruling by governmental decrees and the disenfranchisement of the people in the name of fighting COVID-19.Pandemocracy in Europe situates the dramatic impact of COVID-19, and the fight against the virus, on Europe’s democracies. Throughout its 17 contributions the book sets the theoretical stage and answers the democratic questions engaged by health emergencies. Seven national case studies – UK, Germany, Italy, Sweden, Hungary, Switzerland, and France – show, each time with a pronounced focus on a particular element of democracy, how different states reacted to the pandemic. The book also shifts the analytical gaze beyond the nation state towards international settings, looking at the effects on the European Union and considering the impact on populist movements. Bridging disciplines and uniting a stellar cast of scholars on democracy, rule of law and constitutionalism, the book provides contours and nuances to a year of debates in political science, international relations and law on the impact of the virus on democracies. In times of uncertainty, Pandemocracy in Europe provides analysis and answers to the democratic challenges of the coronavirus.The ebook editions of this book are available under a CC BY-NC-ND 4.0 licence on www.bloomsburycollections.com.

2015 saw a world in turmoil. The crisis in Syria and the fate of thousands of refugees on Europe's borders and in Europe's streets made 2015 a year in which human rights mattered more than ever. Across 31 contributions by 44 authors in five sections, the European Yearbook on Human Rights 2016 explains and contextualizes key developments in human rights in the past year.Edited jointly by representatives of four major European human rights research, teaching and training institutions, the Yearbook 2016 provides much-needed analysis of the human rights challenges the world is faced with. It covers comprehensively the three main organizations charged with securing human rights in Europe (EU, Council of Europe and OSCE) and remains, in its 8th edition, essential reading for anyone interested in human rights in Europe and the world.

In a digitally connected world, the question of how to respect, protect and fulfil human rights has become unavoidable. Uniting research from scholars and practitioners, this contemporary Handbook offers new insights into well-established debates surrounding digital technologies by framing them in terms of human rights.An international group of expert contributors explore the issues posed by the management of key Internet resources, the governance of its architecture, the role of different stakeholders, the legitimacy of rule-making and rule-enforcement, and the exercise of international public authority over users. Highly interdisciplinary, the Handbook draws on law, political science, and international relations, as well as computer science and science and technology studies in order to engage with human rights aspects of the digitally connected world. The chapters examine in depth current topics relating to human rights and security, internet access, surveillance, automation, trade, and freedom of expression.This comprehensive and engaging Handbook will be vital reading for both researchers and students in law, human rights, international politics, international relations and technology studies. Policy-makers seeking an understanding of the state of human rights in technology will also find this book a highly useful resource. Contributors include: W. Benedek, D. Bigo, D. Brodowski, G. Contissa, P. de Hert, M. Dunn Cavelty, T. Engelhardt, B. Farrand, M I. Franklin, M.I. Ganesh, M. Graham, S. Horth, L. Jasmontaite, R.F. Jørgensen, C. Kavanagh, M.C. Kettemann, D. Korff, G. Lansdown, E. Light, S. Livingstone, A. Millikan, J.A. Obar, G. Sartor, G. Sobliye, A. Third, M. Tuszynski, K. Vieth, B. Wagner, T. Wetzling, M. Zalnieriute

Der Anspruch der digitalen Welt besteht darin uns zu verbinden. Auch das Recht, insbesondere das internationale Recht, gilt als Mittel, gemeinsame Interessen zu verfolgen und diese dann zu verwirklichen. Beide Ansätze stehen in der Kritik: Die digitale Welt fragmentiert, Staaten bauen digitale Mauern auf, und das Recht löst sein Versprechen, Ordnung und Zusammenhalt im digitalen Zeitalter zu schaffen, nur unvollständig ein. Vor diesem Hintergrund dokumentiert dieser Band die Beiträge zum 1. Österreichischen Digitalrechtstag. Expertinnen und Experten aus Theorie und Praxis analysieren, ob wir neue Rechte für eine digitalere, globalisiertere Welt benötigen, in der klassische Machtinstrumente und Grenzen sowie staatliche Zugriffsmöglichkeiten zunehmend an Bedeutung verlieren und neue Akteure (Digitalunternehmen) und Machtinstrumente (algorithmische Systeme) aufs Parkett treten. Sie zeigen auf, wie das Recht auch in Zeiten des digitalen Wandels der Aufgabe gerecht wird, Menschenrechte, Rechtstaatlichkeit und Demokratie zu sichern.

Normative orders emerge and pollinate everywhere. Whether it be with Kant or among conservatives, posts on the internet, in environmental discourses, or in our raising of our children: Norms populate and spread. This book explains how norms are created, why they are adopted, how they can be legitimated, and how they are contested and disappear. Combining twelve contributions from a diverse range of disciplines, the book unites, for the first time, younger scholars from the Research Centre “Normative Orders” at the University of Frankfurt. Even as certainties are questioned, norms are shown to play a central and vital role in regulating our behavior and understandings. Together, these norms form normative orders, with and through which political authority and the distribution of rights and goods are legitimized, in criminal law, educational systems, the territorial state, the discourse on progress, and in the Anthropocene. As Navigating Normative Orders shows, these norms control our personal and political lives in ways we may not even realize.