SpringerBriefs in Law - Böcker
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112 produkter
112 produkter
493 kr
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The idea of the Good Life – of what constitutes human thriving, is, implicitly, the foundation and justification of the law. The law exists to hold societies together; to hold in tension the rights of individuals as against individuals, the rights of individuals as against various types of non-humans such as corporations (and vice versa), and the rights of individuals individuals as against the state (and vice versa). In democratic states, laws inhibit some freedoms in the name of greater, or more desirable freedoms. The only justification for law is surely that it tends to promote human thriving.But what is the Good Life? What does it mean to live a thriving life? There has been no want of discussion, at least since the great Athenians. But surprisingly, since human thriving is its sole raison d’etre, the law has been slow to contribute to the conversation.This book aims to start and facilitate this conversation.It aims to:-make lawyers ask: ‘What is the law for?’, and conclude that it is to maximise human thriving-make lawyers ask: ‘But what does human thriving mean?’-make judges and advocates ask: ‘How can a judgment about the best interests of a patient be satisfactory unless its basis is made clear?’
Sporting Nationality in the Context of European Union Law
Seeking a Balance between Sporting Bodies’ Interests and Athletes’ Rights
Häftad, Engelska, 2019
493 kr
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This book strikes a balance between international sporting governing bodies’ interests and values enshrined in rules regarding sporting nationality on one hand, and athletes’ rights under EU law on the other.
Vertical Integration and Regulation
An Analysis of Vertical Unbundling from a Competition Law and Competition Economics Perspective
Häftad, Engelska, 2019
493 kr
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This book investigates under which circumstances vertical unbundling can lead to a more efficient market result. The assessment is based on an interdisciplinary approach combining law and economics. Drawing on the assessment, circumstances are subsequently presented under which unbundling might become necessary. Additionally, less severe means of regulatory intervention are suggested in order to protect competition. Given its scope, the book is chiefly intended for scholars and practitioners in the field of economic policy and regulation law; in addition, it will give interested members of the public a unique opportunity to learn about the underlying rationales of regulation law and regulation economics.
201 kr
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This open access book shows the factors linking information flow, social intelligence, rights management and modelling with epistemic democracy, offering licensed linked data along with information about the rights involved.
Small Satellites and Sustainable Development - Solutions in International Space Law
Häftad, Engelska, 2019
541 kr
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This book analyses the ability of existing international law to address common vulnerabilities in connection with the recent emergence of small satellites, and how finding consensus in this context can pave the way to the sustainable development of space.
493 kr
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This book provides an essential overview of trade between Brazil and China, analyzes the regulatory framework for Brazil’s foodstuff exportation and China’s foodstuff importation, and identifies the main products, market shares, barriers to market access, and e-commerce strategies.
Collective Actions in Europe
A Comparative, Economic and Transsystemic Analysis
Häftad, Engelska, 2019
201 kr
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This open access book offers an analytical presentation of how Europe has created its own version of collective actions. In the last three decades, Europe has seen a remarkable proliferation of collective action legislation, making class actions the most successful export product of the American legal scholarship. While its spread has been surrounded by distrust and suspiciousness, today more than half of the EU Member States have introduced collective actions for damages and from those who did, more than half chose, to some extent, the opt-out system.This book demonstrates why collective actions have been felt needed from the perspective of access to justice and effectiveness of law, the European debate and the deep layers of the European reaction and resistance, revealing how the Copernican turn of class actions questions the fundamentals of the European thinking about market and public interest. Using a transsystemic presentation of the European national models, it analyzes the way collective actions were accommodated with the European regulatory environment, the novel and peculiar regulatory questions they had to address and how and why they work differently on this side of the Atlantic.
299 kr
Skickas inom 5-8 vardagar
At the same time, artificial intelligence, deep learning, machine learning, cognitive computing, blockchain, virtual reality and augmented reality, belong to the fields most likely to affect law and, in particular, administrative law.
National Security Exceptions in International Trade and Investment Agreements
Justiciability and Standards of Review
Häftad, Engelska, 2020
590 kr
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This book provides a comprehensive analysis of national security exceptions in international trade and investment agreements.
493 kr
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This book highlights how conversion via communication is one of the most important issues in legal thinking. But a jurist will not solely master specific social behaviors or become the manager of large-scale political fields of law as a legal scientist.
298 kr
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This book assesses the consequences of Brexit for the control of illicit trade in tobacco products in the UK and EU. trade and fiscal measures) and enforcement frameworks in the UK and suggests possible post-Brexit scenarios in control of tobacco illicit trade.
Procedural Safeguards for Suspects and Accused Persons in Criminal Proceedings
Good Practices Throughout the European Union
Häftad, Engelska, 2020
541 kr
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Adopting a practical perspective, this book provides a comprehensive analysis of the Directives adopted by the European Union concerning the rights of and safeguards for suspected and accused persons in criminal proceedings.It is the result of a collaboration between scholars and legal practitioners, and the first work of its kind to examine all relevant rights and safeguards in a single volume. The book offers readers panoramic, functional and in-depth insights into the EU legal framework and related European case law, and highlights the main issues and gaps identified by the authors in legal practice. In addition, it provides recommendations, guidelines and effective solutions applicable to criminal proceedings.
536 kr
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Increasingly, the need to understand the root causes of the dimensions of internal displacement and the dimensions in which this displacement manifests have become a pertinent rhetoric in the discussion on internal displacement.
641 kr
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It surveys a number of domains, including criminal law, tort law, contract law, family law, and medical law (particularly the realm of moral enhancement technologies) asking for each: (a) Does the existing law seek to promote personal morality?
590 kr
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Further, it highlights issues of energy justice, a growing and an emergent topic which is also at the core of the energy law principles and the key drivers of why new energy law is formulated.The textaims to outline the principles and central logic behind energy law.
639 kr
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This book provides a comprehensive analysis and explanation of the legal regime with regard to deep sea mining.
Doctoral Degree Programs in Law
An International and Comparative Study of the English-Speaking World
Häftad, Engelska, 2021
590 kr
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The book goes on to examine the concept of a higher doctorate in law as a possible means of strengthening the concept of a law doctorate in legal academia.This book was written against the backdrop of the recently adopted Global Convention on the Recognition of Qualifications concerning higher education.
590 kr
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This book offers a comparative review of the ultra vires doctrine in corporate law.
Legal Aspects of the Recovery of Areas Degraded by Mining in the International Seabed
Häftad, Engelska, 2023
493 kr
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This book offers an innovative approach to the recovery of areas degraded by international seabed mining, one that considers the feasibility of a standard that would allow mining in these areas in apparent antinomy with their other potential present and future uses.The book begins by identifying and explaining the legal norms that allow mining in these areas and the rights and obligations in mining exploitation concomitant to other uses of them, based on an analysis of mining operations’ duty of Recovery of Degraded Areas. It reveals an antinomy in international law, namely the compatibility of degraded areas and their various present and future uses with the mining of the international seabed.The freedom to mine these areas could destroy the least impacted biome on the planet and undermine the international law system represented by the Cultural Heritage of Mankind and the Third United Nations Convention on the Law of the Sea (“UNCLOS III”). Recovery of Degraded Areas is an obligation in mining and, as such, requires structural changes in the reading of UNCLOS III; recognizing international roles other than those related to sovereignty; projecting the law into the future; and rereading it in light of international environmental law and its instruments.
Legal Protection Insurance and Legal Technology
The Legal Framework for Offering Legal Technology with a Particular Focus on the German Market
Häftad, Engelska, 2022
444 kr
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This book addresses the legal protection insurance market and continues the collection and analysis of data carried out by Legal Protection International aisbl (at the time, the International Association of Legal Protection Insurance) in recent years.
242 kr
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It approaches the question whether animals can and should have human rights through a comprehensive review of contemporary human rights philosophy, discussing both naturalistic and political justifications of human and animal rights.
493 kr
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It is now vital that the astronomical community – whose skill-set does not generally involve leading regulatory strategies – engage with those who can support its leadership in exerting a renewed influence.
298 kr
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This is an Open Access book. Amid the growing debate about models of judicial governance and their relationship to democratic quality, this book offers a systematic and empirical study of this relationship.
334 kr
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This open access book explains how leading business organizations attempt to achieve the responsible and ethical use of artificial intelligence (AI) and other advanced information technologies.
493 kr
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This work provides an overview of the EU’s legal framework on the use of its trade defence instruments, in particular measures under the Trade Barriers Regulation, the Basic Anti-Dumping Regulation and the Basic-Anti Subsidy Regulation.
493 kr
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This book formulates a human right to research in Africa based on an in-depth examination of the available international and regional human rights instruments as well as those relevant to the national contexts of African countries. The imbalances in the African copyright ecosystem regarding access to information for research and education became painfully apparent during the COVID-19 pandemic. African libraries and knowledge curators found themselves ill-equipped to perform their role of enabling access to information. As teaching, learning and research are increasingly done on digital platforms, learners and researchers continue to grapple with the challenges of accessing materials owing largely to the protection of these resources under copyright law. Access to information, which is needed in order to exercise the right to science and culture, faces a significant challenge posed by the exercising of exclusive rights by copyright owners without a legal mechanism that properly balances copyright from a human rights perspective.To achieve such a balance, there is an urgent need to revise the African copyright system from the perspective of human rights law. Can it be done by establishing a human right to research? In view of the existing broad freedom of expression, and the right to science and culture, education, and property in global, national and regional human rights regimes, is a specific right to research in Africa necessary and justifiable? If so, what should its minimum core components be? Are there international and national regimes already in place that could support the formulation of a human right to research in Africa?This book offers a valuable resource for law- and policymakers in the fields of copyright and human rights, judges, lawyers, public interest groups, researchers and students, librarians and authors, as well as the general public.
WTO Security Exceptions in Practice and Scholarship
Curtailing “Trump Cards” through Proportionality
Häftad, Engelska, 2023
444 kr
Skickas inom 7-10 vardagar
This book offers an in-depth analysis of the WTO security exceptions and relevant rulings by WTO dispute settlement panels.
Organized Crime as Institutional Cluster
Transition from Traditional to Informational Model in Ukraine
Häftad, Engelska, 2023
444 kr
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From the perspective of institutionalism and theories of clusters, this book provides a concept of organized crime as an institutional cluster in contrast to the concept of multiple offences, associated with organized criminal groups or/and criminal organizations.
Risk of Discrimination in the Digital Market
From the Digital Services Act to the Future
Häftad, Engelska, 2023
541 kr
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The book starts with an analysis of what is new in the Digital Services Act.
Rereading Identity Deception in the UK Sexual Offences Act 2003
Incorporating Personal Traits and Attributes
Häftad, Engelska, 2023
493 kr
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Does the Sexual Offences Act (SOA) 2003 provide for consent to be vitiated in all the circumstances we think it should? Can, and should, section 76(2)(b) (the impersonation provision) be read to include a different class of identity deceptions? How should the concept of personal identity be understood in this context?While the concept has had some airing in the courts, and the distinction between identity and attributes of the person softened, the law on rape still fails to give proper effect to identity deception and leaves many questions unanswered. This book offers a novel take on the problem of sexual deception. Through meticulous interrogation of the meaning and normative implications of the concept of personal identity, it challenges the law’s restrictive approach and argues that qualitative identity is, like numerical identity, normatively important. This book provides a comprehensive and nuanced analysis of the philosophical, theoretical, and psychological experimental literature on personal identity, marshalling relevant insights to support a broader reading of the impersonation provision. The argumentative thrust of the book is an extended equivalence thesis, which links numerical with qualitative identity. In this task, it engages in capacious exploration of different kinds of impersonation, at each juncture leading the reader to a more permissive understanding. Guided by the principle of consistency, the central thesis is that certain deceptions about personal traits should be unlawful based on existing prohibitions with which there is equivalence. A central contribution of the book is the articulation of a theoretical framework to support a richer understanding of identity, giving due attention to its qualitative aspects. This new framework is applied at stage three of the equivalence thesis to explain the relationship between individual traits and identity change. By implication, a potentially wide scope of consent-vitiating deceptions is endorsed. This presents a challenge to those who would defend more stringent limits. The book thus invites further discussion on the implications of this approach for the law on rape and indicates areas for further research and attention.