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Books > Law > Laws of other jurisdictions & general law > Civil law (general works)
This book examines the interconnections between artificial
intelligence, data governance and private law rules with a
comparative focus on selected jurisdictions in the Asia-Pacific
region. The chapters discuss the myriad challenges of translating
and adapting theory, doctrines and concepts to practice in the
Asia-Pacific region given their differing circumstances, challenges
and national interests. The contributors are legal experts from the
UK, Israel, Korea, and Singapore with extensive academic and
practical experience. The essays in this collection cover a wide
range of topics, including data protection and governance, data
trusts, information fiduciaries, medical AI, the regulation of
autonomous vehicles, the use of blockchain technology in land
administration, the regulation of digital assets and contract
formation issues arising from AI applications. The book will be of
interest to members of the judiciary, policy makers and academics
who specialise in AI, data governance and/or private law or who
work at the intersection of these three areas, as well as legal
technologists and practising lawyers in the Asia-Pacific, the UK
and the US.
Contract law is increasingly used to serve regulatory purposes
considered beyond the reach of private law. This Handbook explores
a range of modern practices that are not typically treated in
standard expositions of this area. By exploring these phenomena, it
reveals the changing role of regulatory private law in a globalised
legal world - one where distinctions between public and private
law, hard law and soft law, and rule making and contracting have
become increasingly blurred. Contributors explore key examples
drawing on an extensive range of private law. The book pays close
attention to the use of codes of conduct to coordinate and steer
behaviour in business-to-business and business-to-consumer
relationships, concerning health and safety, environment, and
employment conditions. It also examines the formation of
contractual `networks', such as franchises, to regulate multi-party
trade relationships, and the application of contracts and contract
law to secure business and consumer compliance with public
standards. With its global reach and detailed research, this
Handbook will appeal to academics exploring the potential of new
law making methods and practitioners looking to gain insight into
emerging approaches to private law. Contributors include: A.
Beckers, R. Brownsword, R.R. Condon, D. Leczykiewicz, M. Mataija,
M.-C. Menting, H.-W. Micklitz, C. Mitchell, M. Namyslowska, E.T.T.
Tai, R. van Gestel, P. Verbruggen
The Dispute resolution digest 2012 is the product of 7 years of
continuous research by Tokiso into the labour dispute settlement
system of South Africa. The intention of the Digest is to give a
dispassionate account, based on statistical examination, of whether
the dispute mechanisms of the Labour Relations Act are functioning
effectively. The Digest considers types of labour disputes,
settlements, trends in remedies and awards, and compliance with
these awards. The disputes and awards are separated into their
sub-categories of type, sector and forum with some interesting
findings. Strikes, the most extreme form of labour action by
employees, are analysed by the number of strikes, effects of
strikes and the factors that trigger strikes.
This book brings together leading scholars and practitioners, to
explore contemporary challenges in the field of European private
law, identify problems, and propose solutions. The first section
reassesses the existing theoretical framework and traditional legal
scholarship on which European private law has developed. The book
then goes on to examine important and practical topics of
geo-blocking and standardisation in the context of recent
legislative developments and the CJEU case law. The third section
assesses the challenging subject of adequate regulation of online
platforms and sharing economy that has been continuously addressed
in the recent years by European private law. A fourth section deals
with the regulatory challenges brought by an increasing development
of artificial intelligence and blockchain technology and the
question of liability. The final section examines recent European
legislative developments in the area of digital goods and digital
content and identifies potential future policy directions in which
the European private law may develop in the future.
As part of the European integration, an ambitious programme of
harmonisation of European private law is taking place. This new
edition in the Swedish Studies in European Law series, the work of
both legal scholars and politicians, aims to create a modern
codification in the tradition of the great continental
codifications such as the BGB and the Code Civil. A significant
step towards this development was taken in 2009 with the creation
of the Draft Common Frame of Reference which contains model rules
for a large part of central private law. The process raises a
number of questions. What are the advantages and disadvantages of
such an intensive process of harmonisation? Are there lessons to be
learnt from the Europeanisation of private law through history? Are
there any further steps which have been taken in order to create a
European private law? What is the future of European private law?
These crucial questions were discussed at a conference in
Stockholm, sponsored by the Swedish Network of European Legal
Studies. This important volume includes the answers offered by
leading scholars in the field.
A systematic and historical treatment of the civil and criminal
procedure of Cicero's time. At the same time, the author examines
the legal difficulties and contradictions found in Cicero's
writings on procedure. With a subject index and index to passages
found in Cicero's works. Of value to the student of Roman Law,
ciminal and military procedure and law, and the history of European
courts.
This book documents and evaluates the growing consumer revolution
against digital copyright law, and makes a unique theoretical
contribution to the debate surrounding this issue. With a focus on
recent US copyright law, the book charts the consumer rebellion
against the Sonny Bono Copyright Term Extension Act 1998 (US) and
the Digital Millennium Copyright Act 1998 (US). The author explores
the significance of key judicial rulings and considers legal
controversies over new technologies, such as the iPod, TiVo, Sony
Playstation II, Google Book Search, and peer-to-peer networks. The
book also highlights cultural developments, such as the emergence
of digital sampling and mash-ups, the construction of the BBC
Creative Archive, and the evolution of the Creative Commons.
Digital Copyright and the Consumer Revolution will be of prime
interest to academics, law students and lawyers interested in the
ramifications of copyright law, as well as policymakers given its
focus upon recent legislative developments and reform proposals.
The book will also appeal to librarians, information managers,
creative artists, consumers, technology developers, and other users
of copyright material.
In recent years collective litigation procedures have spread across
the globe, accompanied by hot controversy and normative debate. Yet
virtually nothing is known about how these procedures operate in
practice. Based on extensive documentary and interview research,
this volume presents the results of the first comparative
investigation of class actions and group litigation 'in action'.
Produced by a multinational team of legal scholars, this book spans
research from ten different countries in the Americas, Europe, Asia
and the Middle East, including common law and civil law
jurisdictions. The contributors conclude that to understand how
class actions work in practice, one needs to know the cultural
factors that shape claiming, the financial arrangements that enable
or impede litigation, and how political actors react when mass
claims erupt. Substantive law and procedural rules matter, but
culture, economics and politics matter at least as much. This book
will be of interest to students and scholars of law, business and
politics. It will also be of use to public policy makers looking to
respond to mass claims; financial analysts looking to understanding
the potential impact of new legal instruments; and global lawyers
who litigate transnationally. Contributors: A. Barroilhet, C.
Cameron, N. Creutzfeldt, M.A. Gomez, A. Halfmeier, D.R. Hensler, C.
Hodges, K.-C. Huang, J. Kalajdzic, A. Klement, B. Stier, E.
Thornburg, I. Tzankova, S. Voet
'A clear, accurate and extraordinary concise guide to the major
doctrines of private law and current thought about what they mean.
- James Gordley, Tulane University School of Law Elgar Advanced
Introductions are stimulating and thoughtful introductions to major
fields in the social sciences and law, expertly written by the
world's leading scholars. In this Advanced Introduction, one of the
world's leading private law scholars takes the reader on an
intellectual journey through the different facets and dimensions of
the field, from the family home to Kuta Beach and from Thomas
Piketty to Nina Hagen. This concise book provides an accessible and
fresh introduction to private law, presenting the topic as a
unified whole of which the main branches - on contract, tort,
property, family and inheritance - are governed by conflicts
between individual autonomy and countervailing principles. The book
stands out as a unique account of how private law allows
individuals to optimally flourish in matters of economy, work,
leisure, family and life in general. Key features include: -
succinct yet engaging and highly informative overview of private
law, aimed at an audience of specialists and non-specialists alike
- written in a clear and engaging style - ample attention to the
policy choices behind the rules - examples from a wide range of
jurisdictions in both Europe, the UK and the US - places private
law in its larger economic and societal context - addresses the
potential and the limits of private law in dealing with global
societal challenges, such as economic inequality, the fair use of
resources and protecting future generations - considers how the
field could develop in the future. Engaging and wide-ranging, this
is an excellent introduction for students and academics new to the
field and allows practitioners to quickly master the core
principles behind private law.
The protection of the investment made in collecting, verifying or
presenting database contents is still not harmonised
internationally. Some laws over-protect database contents, whilst
others under-protect them. This book examines and compares several
methods available for the protection of investment in database
creation - namely, intellectual property, unfair competition,
contract and technological protection measures - in order to find
an adequate type and level of protection. To this effect, the
author uses criteria based on a combination of the economics of
information goods, the human rights to intellectual property and to
information, and the public interest, proposing a model that can be
adopted at international and national levels. The Legal Protection
of Databases will be of interest to intellectual property lawyers,
competition lawyers, as well as general commercial lawyers because
of the breadth of laws reviewed. It will also appeal to
practitioners, policymakers, economists and students.
This book (hardcover) is part of the TREDITION CLASSICS. It
contains classical literature works from over two thousand years.
Most of these titles have been out of print and off the bookstore
shelves for decades. The book series is intended to preserve the
cultural legacy and to promote the timeless works of classical
literature. Readers of a TREDITION CLASSICS book support the
mission to save many of the amazing works of world literature from
oblivion. With this series, tredition intends to make thousands of
international literature classics available in printed format again
- worldwide.
This book discusses environmental crime and individual wrongdoing.
It uses the theory of convenience throughout to examine financial
motives, attractive opportunities, and personal willingness to
explain deviant behavior. This book focusses primarily on the case
study of the Island of Tjome in Norway, an attractive resort where
building permits were repeatedly granted to rich people in a
protected zone along the shoreline. This book investigates how
these crimes were detected and investigated by police over a few
years with the help of whistleblowers. It discusses the interplay
between the potentially corrupt public officials, professionals
like architects and attorneys, and rich individuals, as an
interesting and challenging arena for law enforcement. It covers
attorneys' defense strategies, evaluates private internal policing,
and provides insights for those investigating individuals involved
in environmental crime. It also examines the Vest Tank toxic waste
dumping case and the resulting explosion where unusually both the
chairperson and the chief executive were successfully sentenced to
prison because of environmental crime, unlike many other
environmental crime cases where individuals avoid prison. The case
studies are drawn from Norway to supplement more well-known case
studies from the USA.
Over the last few decades, intellectual property law has assumed an
increasingly vital role in the expansion of the internet and the
rapid pace of technological innovation. Intellectual property law
has therefore grown into one of the world's biggest and
fastest-growing fields of law. As the relative value of
intellectual property increases in the global economy, the
development of intellectual property rights in Asia has been
nothing less than dramatic in the last couple of years. Spurred by
the TRIPS Agreement, most Asian countries have completely
overhauled their intellectual property systems. This formal
adaptation of intellectual property law to international standards
in now followed by a period in which Asia is re-conceptualizing the
way that it is thinks about intellectual property law, its
administration, and enforcement. Thus, Asia is emerging as a potent
force in reshaping the global intellectual property landscape.
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