Defamation and privacy are now two central issues in media law. While defamation law has long posed concerns for media publications, the emergence of privacy as a legal challenge has been relatively recent in many common law jurisdictions outside the US. A number of jurisdictions have seen recent defamation and privacy law reforms, which have often drawn on, or reacted against, developments elsewhere. This timely book examines topical issues in defamation and privacy law focused on media, journalism and contemporary communication. Aimed at a wide legal audience, it brings together leading and emerging analysts of media law to address current and proposed reforms and the impact of changes in communication environments, and to re-examine basic principles such as harm and free speech. This book will be of interest to all those working on commonwealth or US law, as well as comparative scholars from wider jurisdictions.

The effectiveness of property rights - and the rule of law more broadly - is often depicted as depending primarily on rulers' 'supply' of legal institutions. Yet the crucial importance of private sector 'demand' for law is frequently overlooked. This book develops a novel framework that unpacks the demand for law in Russia, building on an original enterprise survey as well as extensive interviews with lawyers, firms, and private security agencies. By tracing the evolution of firms' reliance on violence, corruption, and law over the two decades following the Soviet Union's collapse, the book clarifies why firms in various contexts may turn to law for property rights protection, even if legal institutions remain ineffective or corrupt. The author's detailed demand-side analysis of property rights draws attention to the extensive role that law plays in the Russian business world, contrary to frequent depictions of Russia as lawless.

When data from all aspects of our lives can be relevant to our health - from our habits at the grocery store and our Google searches to our FitBit data and our medical records - can we really differentiate between big data and health big data? Will health big data be used for good, such as to improve drug safety, or ill, as in insurance discrimination? Will it disrupt health care (and the health care system) as we know it? Will it be possible to protect our health privacy? What barriers will there be to collecting and utilizing health big data? What role should law play, and what ethical concerns may arise? This timely, groundbreaking volume explores these questions and more from a variety of perspectives, examining how law promotes or discourages the use of big data in the health care sphere, and also what we can learn from other sectors.

Risk management, risk controlling, internal audits, compliance, corporate organization: this book aims to provide an integrated presentation of the concept of risk by bringing together practical knowledge from all of these sub-areas, illustrating their interactions, and demonstrating meaningful correlations. It is written by practitioners for practitioners.

What happens when a corporate subsidiary or network company is unable to pay personal injury victims in full? This book sets out to tackle the 'insolvent entity problem', especially as it arises in cases of mass wrongdoing such as those involving asbestos exposure and defective pharmaceuticals. After discussing the nature of corporate groups and networks from the perspectives of business history, organisation studies, and social theory, the book assesses a range of rules and proposed rules for extending liability for personal injuries beyond insolvent entities. New proposals are put forward for an exception to the rule of limited liability and for the development of a flexible new tort based on conspiracy that encompasses not only control-based relationships but also horizontal coordination between companies. The book concludes with a general discussion of lessons learned from debates about extended liability and provides guidelines for the development of new liability rules.

This volume explores how societies are addressing challenging questions about the relationship between expression, traditional and societal values, and the transformations introduced by new information communications technologies. It seeks to identify alternative approaches to the role of speech and expression in the organization of societies as well as efforts to shape the broader global information society. How have different societies or communities drawn on the ideas of philosophers, religious leaders or politicians, both historical and contemporary, that addressed questions of speech, government, order or freedoms and applied them, with particular attention to applications in the digital age? The essays include a wide variety of cultural and geographic contexts to identify different modes of thinking. The goal is to both unpack the 'normative' internet and free expression debate and to deepen understanding about why certain internet policies and models are being pursued in very different local or national contexts as well as on a global level.

Why and in what ways have lawyers been importing economic theories into a legal environment, and how has this shaped scholarly research, judicial and legislative work? Since the financial crisis, corporate or capital markets law has been the focus of attention by academia and media. Formal modelling has been used to describe how capital markets work and, later, has been criticised for its abstract assumptions. Empirical legal studies and regulatory impact assessments offered different ways forward. This book presents a new approach to the risks and benefits of interdisciplinary policy work. The benefits economic theory brings for reliable and tested lawmaking are contrasted with important challenges including the significant differences of research methodology, leading to misunderstandings and problems of efficient implementation of economic theory's findings into the legal world. Katja Langenbucher's innovative research scrutinises the potential of economic theory to European legislators faced with a lack of democratic accountability.

The effectiveness of property rights - and the rule of law more broadly - is often depicted as depending primarily on rulers' 'supply' of legal institutions. Yet the crucial importance of private sector 'demand' for law is frequently overlooked. This book develops a novel framework that unpacks the demand for law in Russia, building on an original enterprise survey as well as extensive interviews with lawyers, firms, and private security agencies. By tracing the evolution of firms' reliance on violence, corruption, and law over the two decades following the Soviet Union's collapse, the book clarifies why firms in various contexts may turn to law for property rights protection, even if legal institutions remain ineffective or corrupt. The author's detailed demand-side analysis of property rights draws attention to the extensive role that law plays in the Russian business world, contrary to frequent depictions of Russia as lawless.

Private companies exert considerable control over the flow of information on the internet. Whether users are finding information with a search engine, communicating on a social networking site or accessing the internet through an ISP, access to participation can be blocked, channelled, edited or personalised. Such gatekeepers are powerful forces in facilitating or hindering freedom of expression online. This is problematic for a human rights system which has historically treated human rights as a government responsibility, and this is compounded by the largely light-touch regulatory approach to the internet in the West. Regulating Speech in Cyberspace explores how these gatekeepers operate at the intersection of three fields of study: regulation (more broadly, law), corporate social responsibility and human rights. It proposes an alternative corporate governance model for speech regulation, one that acts as a template for the increasingly common use of non-state-based models of governance for human rights.

Drafting and Negotiating Commercial Contracts is for anyone who needs to understand, negotiate or draft commercial contracts. The book includes: - A guide to the common legal issues in negotiating and drafting contracts - An explanation of the structure and content of a commercial contract - Good and bad practice in drafting (and in using clear, modern English) - The meaning and use of commonly-used words, phrases and legal jargon - The formalities for creating and signing contracts - Guidance on the interpretation of contracts - Steps to take, and what to check for in a contract to eliminate errors (including lists of what to check for in different situations) - Practical measures to protect documents from unwanted alteration, to remove metadata and sensitive information and to secure documents - Drafting and legal issues when contracting with consumers It examines questions such as: - How do I draft my contract clearly? - What will happen if my contract is interpreted by the English court? - Where do I find key English legislation on the enforceability of contracts? - When will I be out of time for suing for breach of contract? - Why are liability clauses so full of legal jargon? - Who should the parties be, and who is authorised to sign? Fully updated to take account of important court decisions regarding the interpretation of contracts and changes in consumer legislation, the 5th edition also includes: - New chapter on termination of contracts - New material on administering of existing contracts and modern methods of executing documents (eg DocuSign) - New and updated examples of contract drafting techniques - Additional definitions of legal terms used in contracts It is essential reading for commercial lawyers, contract managers, and others who have to draft, negotiate or advise on contracts.

In the last few years, the cryptocurrency bitcoin has repeatedly made worldwide headlines with its fluctuations in value and the uncertainty regarding the legal framework under which it operates. While bitcoin has swiftly become the foremost example of a virtual currency, it is by no means the only one. In-game currencies and currencies used as part of a loyalty scheme are examples as of other forms of virtual currencies. Moreover, new forms of virtual currency used mainly for investment purposes - derived from cryptocurrencies such as bitcoin - are rapidly gaining hold. This book focuses on the legal aspects of virtual currencies from the perspective of financial and economic law. It establishes a typology of virtual currencies and assesses whether they can be considered as money. The author analyzes whether the EU legal frameworks on electronic money, payment services, anti-money laundering, and markets in financial instruments can be applied to virtual currencies. A functional comparison is made to the US, where more regulatory initiative has been identified. The book concludes by answering the question of whether - and how - virtual currencies should be regulated within the EU.

This book presents a framework to reconceptualize internet governance and better manage cyber attacks. It examines the potential of polycentric regulation to increase accountability through bottom-up action. It also provides a synthesis of the current state of cybersecurity research, bringing features of cyber attacks to light and comparing and contrasting the threat to all relevant stakeholders. Throughout the book, cybersecurity is treated holistically, covering issues in law, science, economics and politics. This interdisciplinary approach is an exemplar of how strategies from different disciplines as well as the private and public sectors may cross-pollinate to enhance cybersecurity. Case studies and examples illustrate what is at stake and identify best practices. The book discusses technical issues of Internet governance and cybersecurity while presenting the material in an informal, straightforward manner. The book is designed to inform readers about the interplay of Internet governance and cybersecurity and the potential of polycentric regulation to help foster cyber peace.

This book is the leading reference on Indonesian private international law in English. The chapters systematically cover the whole of Indonesian private international law including commercial matters, family law, succession, cross-border insolvency, intellectual property, competition (antitrust), and environmental disputes. The chapters do not merely cover the traditional conflict of law areas of jurisdiction, applicable law (choice of law), and enforcement. The chapters also look into conflict of law questions arising in arbitration and assess Indonesian involvement in the harmonisation of private international law globally and regionally within ASEAN. Similarly to the other volumes in the Studies in Private International Law - Asia series, this book presents the Indonesian conflict of laws through a combination of common and civil law analytical techniques and perspectives, providing readers worldwide with a more profound and comprehensive understanding of the subject.

Intellectual property is a vital part of the global economy, accounting for about half of the GDP in countries like the United States. Innovation, competition, economic growth and jobs can all be helped or hurt by different approaches to this key asset class, where seemingly slight changes in the rules of the game can have remarkable impact. This book brings together diverse perspectives from the fields of law, economics, business and political science to explore the ways varying approaches to intellectual property can positively and negatively impact our economy and society. Employing approaches that are both theoretically rigorous and grounded in the real world, Perspectives on Commercializing Innovation is well suited for practising lawyers, managers, lawmakers and analysts, as well as academics conducting research or teaching in a range of courses in law schools, business schools and economics departments, at either the undergraduate or graduate level.

For over 40 years Professor Sir Roy Goode QC has been involved in the preparation of international instruments, working with the International Institute for the Unification of Private Law, the Hague Conference of Private International Law and the International Chamber of Commerce. The essays selected for this volume, written over the course of Sir Roy's career, offer a unique insight into the development of transnational commercial law, combining close theoretical study with an understanding of the practical relevance and application of the principles under discussion. Encompassing a range of topics, such as the processes and products of international harmonisation, comparative law and the conflict of laws, and placing a particular emphasis on the policies and problems of harmonisation, these essays were ground-breaking at the time of their publication and are still widely referenced to this day. Authorial commentary on the essays, provided through introductions to each section of the book, helps the reader to trace how the law has developed since, and often as a result of, the publication of each paper.

Key Facts has been specifically written for students studying Law. It is the essential revision tool for a broad range of law courses from A Level to degree level. Consumer Law is also relevant to courses for Trading Standards Officers and many Business Studies courses.The series is written and edited by an expert team of authors whose experience means they know exactly what is required in a revision aid. They include examiners, barristers and lecturers who have brought their expertise and knowledge to the series to make it user-friendly and accessible.Chapters include: The character of consumer contracts / Consumer protection in contract law / Contracts for sale of goods / Unsolicited goods / Distance selling / Contracts to provide services / Protection under the law of tort / Exemption clauses and unfair terms in consumer contracts / The Consumer Protection Act 1987 / Criminal Law as a means of consumer protection / Consumer finance / Trade Descriptions Act 1968 / Misleading proce indications / Regulating advertising / Insurance / Holidays / Food.

This comparison of EU and WTO approaches to common trade-liberalisation challenges brings together eighteen authors from Europe and America. Together they explore fundamental legal issues, such as the role of general principles of law, the role of the judiciary in the development of law, the effect of the principle of non-discrimination and the elimination of non-discriminatory barriers to trade. The contributions also examine the most recent developments in trade law across a full range of trade issues, including TBT and SPS, services, intellectual property, customs rules, safeguards, anti-dumping and government procurement. Adopting a comparative perspective throughout, this volume sheds light on today's trade law and suggests paths forward for each system through the perennial tensions between open, non-discriminatory trade and strongly held national values and objectives.

South African shipping law is a rich amalgam of English common law and Roman-Dutch civilian principles. Its provenance was profoundly influenced first by Dutch dominance over the seas and world trade during the 17th and 18th centuries, and then by the might of the English commercial empire of the 19th and 20th centuries.

Today's South African shipping lawyer continues to draw on both systems, supplemented by innovative developments, especially in admiralty practice.

The second edition of Shipping Law & Admiralty Jurisdiction in South Africa follows ten years after its first publication. The book aims to cover all aspects of admiralty jurisdiction and practice, and general shipping law, in one volume.

This book is the first to examine intermediaries in a holistic and systematic manner. The classical model of face-to-face contracting between two individuals is no longer dominant. Instead, deals frequently involve a number of parties, often acting through intermediaries. As a result, it is important to understand the role and power of intermediaries. Intermediaries tend to be considered within discrete silos of the law. But by focussing upon a particular, narrow area of law, lessons are not learned from analogous situations. This book takes a broader approach, and looks across the traditional boundaries of private law in order to gain a proper assessment of the role played by intermediaries. A wide range of jurisdictions and topical issues are discussed in order to illuminate the role intermediaries play in commercial law. For example, the continued growth of electronic commerce requires consideration of the role of websites and other platforms as intermediaries. And developments in artificial intelligence raise the prospect of intermediaries being non-human actors. All these issues are subject to rigorous analysis by the expert contributors to this book.

The development of civil aviation in the early 20th century presented a range of new legal and regulatory challenges concerning the rights of an aircraft from one state to enter the aerial territory of another. International flights threatened the territorial integrity of nation states and prompted politicians to draw up new aerial legislation and regulations to govern this new form of aerial movement. Whereas some states advocated free and open access to airspace and unrestricted aerial movement, other nations pursued a more protectionist stance based on regulation and reciprocal access arrangements. Technological developments in aircraft design and performance, combined with changing global political relations and the introduction of new forms of economic regulation have all fundamentally affected the development of air transport. This Volume explores carefully selected aspects of aviation law and regulation and examines the implications of changing regulatory intervention on the form and function of civil aviation worldwide.

This book presents a novel framework to reconceptualize Internet governance and better manage cyber attacks. Specifically, it makes an original contribution by examining the potential of polycentric regulation to increase accountability through bottom-up action. It also provides a synthesis of the current state of cybersecurity research, bringing features of the cloak and dagger world of cyber attacks to light and comparing and contrasting the cyber threat to all relevant stakeholders. Throughout the book, cybersecurity is treated holistically, covering outstanding issues in law, science, economics, and politics. This interdisciplinary approach is an exemplar of how strategies from different disciplines as well as the private and public sectors may cross-pollinate to enhance cybersecurity. Case studies and examples illustrate what is at stake and identify best practices. The book discusses technical issues of Internet governance and cybersecurity while presenting the material in an informal, straightforward manner. The book is designed to inform readers about the interplay of Internet governance and cybersecurity and the potential of polycentric regulation to help foster cyber peace.

This book provides a unique comparative and global analysis of the regulation of disclosure in financial (securities) markets. It is written by two authors who represent both the new world (Australia) and the old world (Germany). The authors present their research in the global business context, with legal and regulatory perspectives including some references from Africa, Asia, the Middle East and South America. After every "boom" and "bust", legislators pass new disclosure legislation, often in a heated environment fuelled by politics and the media. Little regard is paid to existing regulation or the lessons learned from earlier regulation. The result is the continuing enactment of redundant and overlapping disclosure laws. Since financial markets are often described as markets for information, the failure to ensure disclosure is at the heart of financial services regulation. This book argues that the solution to the failure of disclosure is a brief, easily understood, principles-based, plain English safety-net amendment to statute law such as "you must keep the financial market fully informed", a measure that would support effective mandatory continuous disclosure of information to financial markets. This book examines the reasons for disclosure regulation, and how the efficient operation of financial markets is dependent on disclosure. It examines the adequacy of common law and civil law concerning broker/client disclosure, and concludes that industry licensing in itself fails to keep the market informed. While recognizing the failures of securities commissions to achieve good disclosure in financial markets, it confirms the effectiveness of coregulation of disclosure by a commission with the support of the financial markets (such as the stock exchange). Coregulation builds on financial market self-regulation, and is best described in the words of one-time SEC Chairman William O. Douglas, who, in the 1930s, described it as a shotgun behind the door.

In the light of the financial crisis, it has become clear that the globalisation of financial markets has not been matched by the globalisation of legal certainty relating to financial transactions. The ability to give security influences not only the cost of credit but also, in some cases, whether credit will be available at all. Increasing the availability and lowering the cost of credit can make an important contribution to international and domestic economic development. Assessing the international challenges posed by inefficient secured credit laws, this book explores how these can be overcome to facilitate credit through legal reforms. Leading authorities in the field address the key issues surrounding the availability of credit, the role of banks in economic development and financial crises, UNCITRAL's legislative efforts, and international organisations and financial institutions and their involvement in the reform of secured transactions law.