Ius Comparatum - Böcker

This book offers a wide comparative overview of the legal measures enacted by countries throughout the world to react to the unprecedented public health emergency caused by the COVID-19 pandemic. The volume gathers the General Reports and selected National Reports presented at the 2022 General Congress of the International Academy of Comparative Law. While the National Reports focus on single countries, the General Report provides a comparative analysis of observed trends and main legal issues. In doing so, it draws some guidelines on how to improve responses to potential forthcoming emergencies characterized by a global reach, as COVID-19 was.

Expert contributors to this volume offer a comprehensive exploration of the UCP 600's impact on international trade finance law, examining the dynamic interplay between soft law and legal harmonization in 28 jurisdictions across all continents. With a rich array of case studies and insightful analysis, this book provides a nuanced interpretation of how soft law shapes global commerce. Its diverse perspectives and practical insights make it essential reading for practitioners and scholars seeking a deeper understanding of the real-world implications of soft law in trade.

On the internet, music, films and TV shows are now just a few clicks away, readily available for listening or viewing. While piracy websites and file-sharing software initially disrupted the entertainment economy, the streaming technology has since been embraced by new operators, from Spotify to Netflix, providing an unprecedented abundance of cultural content. Copyright laws around the world have addressed the many issues brought about by streaming services, whether lawful or not, ranging from copyright enforcement, artists’ remuneration to liability of video-sharing platforms and cultural diversity. This book presents an extensive comparative analysis of legislative and judiciary efforts to adapt to this technological and cultural revolution.

Localisation in private international law of torts is a notoriously difficult question. How do you localize financial or moral damage? What about latent damage? Should damage in the context of cyber-torts be localized differently? The great variety of tortious actions gives rise to endless difficulties ranging from banal situations involving material damage to climate change. Trying to find suitable solutions requires answering many difficult questions, such as the very definition of damage within the meaning of private international law rules, the influence of various considerations such as foreseeability, protection of the claimant, and the remedy sought. The contributions in this volume address these questions and more from the perspectives of 17 different countries, from Austria to Venezuela.

The development of autonomous vehicles requires all the countries of the world to adapt their respective legal systems. The scale and complexity of the task is daunting. The law is called upon to enable and even encourage the advent of this revolution, while guaranteeing a fair allocation of the resulting risks and ensuring public safety. What's more, the law must rise to this challenge at a time when it is impossible to predict in the medium term the speed at which autonomous vehicles will enter circulation, or even their degree of autonomy.Adapting civil liability law appears to be the key to success. Faced with the peculiarities of autonomous vehicles, many concepts on which current liability regimes are based will need rethinking. For instance, the complex manufacturing of driving systems multiplies the number of potential liable parties, and the "black box" effect associated with the operation of learning AI increases the burden of proof in the event of a failure.

Extraterritoriality is often understood as an exceptional, sometimes even illegitimate, form of state lawmaking—yet it is pervasive in contemporary practice. Countries around the world rely on extraterritorial regulation to protect local markets, in areas including competition law and data privacy. It is also recognized as a useful strategy to promote international human rights, and to address shared challenges as diverse as transnational crime, tax base erosion, and climate change. The normalization of extraterritoriality as a legal technique, however, has by no means resolved longstanding debates about its place in the international legal order. Containing in-depth studies of fifteen legal systems, this volume provides a critical comparative perspective on those debates.

The financial burden of litigation continues to be the single most important consideration for parties in determining whether to fight their case in court. The financial burden of embarking on civil litigation can influence litigation strategy and determine who has, and who is denied, access to justice. This edition provides a comprehensive study of the financial obstacles of access to justice in civil litigation. It draws on the contributions of eighteen jurisdictions to examine what impact the commitment to access to justice has made regarding access to civil litigation.

The modern world is faced with the challenge of feeding an exponentially growing population, multiplied by the increasingly perceptible changes in climate, the effects of which vary according to socio-economic, geographical and ecological conditions. Climate change has been both a manifestation and an effect of the development of the biosphere, which has influenced the evolution of our civilization. It is necessary to postulate an intensification of research on the integration of environmental and climate change adaptation issues in legal and agricultural regulation. The planned research will provide opportunity to verify the hypothesis that the regulation of environmental conditions for agriculture is evolving from specific solutions, protecting the availability of basic natural resources for agricultural production, to a more systemic approach in which agricultural inputs are treated as part of the biosphere and climate change-adapted agriculture must meet the growing food needs of a growing world population.

Did you ever wonder whether cryptocurrencies are allowed in Egypt? Or which rights token holders have in case of an insolvency under US law? Or what is the tax treatment of Bitcoin in France? This is the first book to address these questions and others in a comprehensive manner. Twenty-six reporters describe the rules of their national laws as applying to the new phenomena, from regulatory to private law, including conflict of laws. The findings are then summarised by two experts. The wide array of information provided in this book will help the reader navigate the global labyrinth of blockchain laws.