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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law
Does the competitive process constitute an autonomous societal value, or is it a means for achieving more reliable and measurable goals such as welfare, growth, integration, and innovation? This insightful book addresses this question from philosophical, legal and economic perspectives and demonstrates exactly why the competitive process is a value independent from other legitimate antitrust goals. Oles Andriychuk consolidates the normative theories surrounding freedom, market and competition by assessing their effective use within the matrix of EU competition policy. He outlines the broader context of the phenomenon of competition such as its pivotal role in the electoral system and its implications for free speech, and then goes on to investigate its relationship with the proponents of various antitrust-related goals. Further to this, some relevant solutions to persistent regulatory problems of antitrust are discussed. Timely and thought provoking, this book will be of interest to both students and scholars of European competition law, as well as those who are curious about its philosophical foundations. Offering deep insights into the nature of the competitive process, it will also appeal to judges and politicians weighing up antitrust goals.
This timely book presents a detailed analysis of the role of law and regulation in the utilisation of Artificial Intelligence (AI) in the media sector. As well as contributing to the wider discussion on law and AI, the book also digs deeper by exploring pressing issues at the intersections of AI, media, and the law. Chapters critically re-examine various rights and responsibilities from the perspectives of incentives for accountable utilisation of AI in the industry. Featuring chapters from leading scholars in the field, Artificial Intelligence and the Media provides a timely and in-depth research-based contribution to complex themes - especially at the interface of new technology (including AI) with media and regulation. Analysing both legislative and ethical solutions, chapters explore what "AI" and "accountability" mean in terms of media practices, principles, and power relations, as well as how to address the AI revolution with informed law and policy in order to incentivise accountable utilisation of AI and to reduce negative societal impacts. Offering ideas for further research in the area, this book is key reading for academics and researchers in the fields of information and media law, regulation, and technology law. It may also interest media law practitioners, with research-based guidance for everyday practices and tools to prepare for future developments in the area.
In the minds of some, complying with the U.S. Foreign Corrupt Practices Act and related laws is easy: 'you just don't bribe.' The reality, as sophisticated professionals should know, is not so simple. This book is for professionals across various disciplines who can assist in risk management and want to learn strategies for minimizing risk under aggressively enforced bribery laws. Written by a leading expert with real-world practice experience, this book elevates knowledge and skills through a comprehensive analysis of all legal authority and other relevant sources of information. It also guides readers through various components of compliance best practices from the fundamentals of conducting a risk assessment, to effectively communicating compliance expectations, to implementing and overseeing compliance strategies. With a focus on active learning, this book allows readers to assess their acquired knowledge through various issue-spotting scenarios and skills exercises and thereby gain confidence in their specific job functions. Anyone seeking an informed and comprehensive understanding of the modern era of enforcement of bribery laws and related risk management strategies will find this book to be a valuable resource including in-house compliance personnel, FCPA and related practitioners, board of director members and executive officers.
This comprehensive book on the European energy transition has been written by more than 40 European leading energy- and climate experts. It reflects on the latest policy developments, as such as the Clean Energy for All Europeans Package, the Green Deal and the Climate Law. The energy transition is Europe's flagship projects. It needs to provide sound answers to the climate and sustainability-, security of supply- and competitiveness imperatives. The energy transition corresponds to a large scale economic and cultural change. It encompasses sector coupling- linking up sectors that have ignored each other previously, like mobility and power. What is the meaning of digitalization, and how to face cyber-security risks? Can Europe deliver a 50-55% decrease in Greenhouse Gas Emissions, as is the agenda of the new von der Leyen Commission? This 2nd edition is not only updated, but also augmented with three new chapters : the first focusses on a European cross border carbon adjustment proposal (by Genevieve Pons, Pascal Lamy and Pierre Leturcq). This mechanism is a center piece in the European Green Deal and as such debated intensively. Two other chapters present the value-add and next steps for European network codes and guidelines (Alexander Dusolt, Leonardo Meeus). The book analyses the factors driving change: where are we on climate and sustainability, competitiveness and market, and security of supply? It presents the actors: what genesis of and what contemporary institutions for European energy policy, how is energy addressed by the national and by the European; what about the active customer paradigm and the many startups and business models changing, as well as NGOs? It investigates sectors: power, gas, mobility and the powerful push from digitalization.
This book identifies and examines the legal challenges facing the shipping industry and ship management today. It first addresses flag state rules and private international law as organisational tools of the shipowner for establishing the applicable legal framework in an age of increasing regulatory activity and extraterritorial effect of legislation. It then focuses on sustainability requirements and the liability of shipping companies managing supply chains and ships as waste. The third section considers challenges stemming from times of financial crisis and deals with the cross-border impact of shipping insolvencies, the UNCITRAL Model Law, and the approaches of different jurisdictions. Finally, the fourth section concerns digitalisation and automation, including delivery on the basis of digital release codes, bills of lading based on blockchain technology, the use of web portals and data sharing, and particular aspects of the law relating to autonomous ships, notably in marine insurance and carriage of goods. The book will be a useful resource for academics and practising lawyers working in shipping and maritime law.
This topical book offers an in-depth analysis of the recent implementation of the Public Procurement Directive, based on the experiences of 12 Member States including France, Germany, Italy, Poland, Spain and the United Kingdom. The contributions from first-class public procurement law experts offer an informed and comparative analysis of the recent implementation of the Public Procurement Directive, as well as focussing on so-called gold-plating (overimplementation) and issues where the legality of the implemented legislation is questionable. Vitally, the chapters also consider national preparatory works as a legal source and their interesting role in the implementation of the Directive including its Preamble. Attention is also given to the implementation of some of the most important novelties in the Directive such as the exclusion grounds, the competitive procedure with negotiation and contract changes. Modernising Public Procurement will be important reading for practitioners and civil servants involved in the implementation of public procurement law. Academics, researchers, politicians, judges and members of complaints boards in the field of public procurement law will also find this book a stimulating read. Contributors include: R. Agren, P. Bogdanowicz, M. Burgi, R. Caranta, M. Comba, D. Dragos, P. Ferk, K. Harginen, F. Lichere, B. Neamtu, S. Richetto, A. Sanchez Graells, M.A. Simovart, A. Sundstrand, S. Treumer, P. Valcarcel Fernandez, D. Wolff
Commercial Uses of Space and Space Tourism combines the perspectives of academics, policy makers and major industry players around three central themes: the international legal challenges posed by the dramatic changes to the spacefaring landscape; the corresponding legal and regulatory responses to these challenges at the national level; and topical questions of global space governance. Chapters cover emerging activities in commercial spacefaring, including space tourism and space transportation, and identify the regulatory issues that may arise in the absence of a clear boundary between airspace and outer space. By taking a pragmatic, inductive approach, the book aims to breathe new life into the discussion of the air?space boundary, while informing readers about the many exciting recent developments in commercial spacefaring. This book will appeal to lecturers, academics and students in space law and air law, as well as policy makers and industry practitioners involved in the regulation of orbital and suborbital commercial spaceflight, both manned and unmanned. Contributors include: P. De Man, M. Gold, A. Harrington, C. Hearsey, T. Herman, A. Kerrest, J.-B. Marciacq, J.-F. Mayence, W. Munters, D.P. Murray, K. Nyman-Metcalf, L.J. Smith, A. Soucek, J. Stubbs, S. Wood, J. Wouters
Inquisitive and diverse, this innovative Research Handbook explores the ways in which human rights apply to people at work, through national constitutional provisions, judicial decisions and the application of rights expressed in supranational instruments. Analysing why certain human rights are deemed fundamental and how they apply in the context of work, this expansive Research Handbook highlights the gulf between the ideal applications of these rights universally, and the increasing reality in the new economy that these are rarely enforceable for employees in alternative forms of employment. Established and emerging scholars provide perspectives from countries across all continents, identifying issues of prominence in their area of the globe. Probing workers' rights and business obligations, the Research Handbook on Labour, Business and Human Rights Law will be imperative reading for scholars and students working within the fields of labour law, human rights, and business ethics. This timely Research Handbook will also appeal to lawyers, trade union officials and government affairs staff, broadening their understanding of the laws and obligations impacting their positions.
This book analyses the founding years of consumer law and consumer policy in Europe. It combines two dimensions: the making of national consumer law and the making of European consumer law, and how both are intertwined. The chapters on Germany, Italy, the Nordic countries and the United Kingdom serve to explain the economic and the political background which led to different legal and policy approaches in the then old Member States from the 1960s onwards. The chapter on Poland adds a different layer, the one of a former socialist country with its own consumer law and how joining the EU affected consumer law at the national level. The making of European consumer law started in the 1970s rather cautiously, but gradually the European Commission took an ever stronger position in promoting not only European consumer law but also in supporting the building of the European Consumer Organisation (BEUC), the umbrella organisation of the national consumer bodies. The book unites the early protagonists who were involved in the making of consumer law in Europe: Guido Alpa, Ludwig Kramer, Ewa Letowska, Hans-W Micklitz, Klaus Tonner, Iain Ramsay, and Thomas Wilhelmsson, supported by the younger generation Aneta Wiewiorowska Domagalska, Mateusz Grochowski, and Koen Docter, who reconstructs the history of BEUC. Niklas Olsen and Thomas Roethe analyse the construction of this policy field from a historical and sociological perspective. This book offers a unique opportunity to understand a legal and political field, that of consumer law and policy, which plays a fundamental role in our contemporary societies.
Policing Sex in the Sunflower State: The Story of the Kansas State Industrial Farm for Women is the history of how, over a span of two decades, the state of Kansas detained over 5,000 women for no other crime than having a venereal disease. In 1917, the Kansas legislature passed Chapter 205, a law that gave the state Board of Health broad powers to quarantine people for disease. State authorities quickly began enforcing Chapter 205 to control the spread of venereal disease among soldiers preparing to fight in World War I. Though Chapter 205 was officially gender-neutral, it was primarily enforced against women; this gendered enforcement became even more dramatic as Chapter 205 transitioned from a wartime emergency measure to a peacetime public health strategy. Women were quarantined alongside regular female prisoners at the Kansas State Industrial Farm for Women (the Farm). Women detained under Chapter 205 constituted 71 percent of the total inmate population between 1918 and 1942. Their confinement at the Farm was indefinite, with doctors and superintendents deciding when they were physically and morally cured enough to reenter society; in practice, women detained under Chapter 205 spent an average of four months at the Farm. While at the Farm, inmates received treatment for their diseases and were subjected to a plan of moral reform that focused on the value of hard work and the inculcation of middle-class norms for proper feminine behavior. Nicole Perry's research reveals fresh insights into histories of women, sexuality, and programs of public health and social control. Underlying each of these are the prevailing ideas and practices of respectability, in some cases culturally encoded, in others legislated, enforced, and institutionalized. Perry recovers the voices of the different groups of women involved with the Farm: the activist women who lobbied to create the Farm, the professional women who worked there, and the incarcerated women whose bodies came under the control of the state. Policing Sex in the Sunflower State offers an incisive and timely critique of a failed public health policy that was based on perceptions of gender, race, class, and respectability rather than a reasoned response to the social problem at hand.
Applying a comparative analysis on law and practices, combined with extensive data, this book considers the legal consequences for public servants who make unauthorised disclosures of official information and the protections available for whistleblowers. The author provides an in-depth treatment of the law of unauthorised disclosures in the UK to explore the protections available and discusses the theoretical and legal justifications for the making of disclosures, as well as the arguments for maintaining official secrecy. The book discusses the legal consequences of leaking information and a full assessment of the authorised alternatives, providing recommendations for reform throughout. This book will be of interest to academics working on whistleblowing, as well as their students. The various recommendations provided in the book will be of use to whistleblowing NGOs, policymakers and Members of Parliament.
This book focuses on the building of a crypto economy as an alternative economic space and discusses how the crypto economy should be governed. The crypto economy is examined in its productive and financialised aspects, in order to distil the need for governance in this economic space. The author argues that it is imperative for regulatory policy to develop the economic governance of the blockchain-based business model, in order to facilitate economic mobilisation and wealth creation. The regulatory framework should cater for a new and unique enterprise organisational law and the fund-raising and financing of blockchain-based development projects. Such a regulatory framework is crucially enabling in nature and consistent with the tenets of regulatory capitalism. Further, the book acknowledges the rising importance of private monetary orders in the crypto economy and native payment systems that do not rely on conventional institutions for value transfer. A regulatory blueprint is proposed for governing such monetary orders as 'commons' governance. The rise of Decentralised Finance and other financial innovations in the crypto economy are also discussed, and the book suggests a framework for regulatory consideration in this dynamic landscape in order to meet a balance of public interest objectives and private interests. By setting out a reform agenda in relation to economic and financial governance in the crypto economy, this forward-looking work argues for the extension of 'regulatory capitalism' to this perceived 'wild west' of an alternative economic space. It advances the message that an innovative regulatory agenda is needed to account for the economically disruptive and technologically transformative developments brought about by the crypto economy.
Policy Issues in Genetically Modified Crops: A Global Perspective contains both theoretical and empirical evidence of a broad range of aspects of GM crop policies throughout the world. Emphasizing world agriculture production and ethics of GM crops, the book balances insights into the various discussions around the use of GM crops including soil health, effects on animals, environmental sustainability impact, and ethical issues. The book presents aspects of GM crop policies and prevailing controversies throughout the world, in 5 sections containing 23 chapters. Beginning with the discussion of the policies related to GM crops, the book dives deep into issues related to food insecurity, agricultural sustainability, food safety, and environmental risks. Section 5 also captures the recent advances in agricultural biotechnology encompassing research trends, the nano-biotech approach to plant genetic engineering, and other transformation techniques in crop development. The contributors of the book represent different backgrounds, providing a holistic overview of diverse approaches and perspectives. Policy Issues in Genetically Modified Crops: A Global Perspective is a valuable resource for researchers in agricultural policy and economics, agricultural biotechnology, soil science, genetic engineering, ethics, environmental management, sustainable development, and NGOs.
Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business, and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This succinct Advanced Introduction delivers insights into the pressing technological, political, and legal challenges of cybersecurity. Exploring cybersecurity threats on both a national and global scale, it provides guidance on how countries use domestic and international law to counter crime, terrorism, espionage, and armed conflict in cyberspace. Key features: Centres cybersecurity law within the internet as a technology, cyberspace as a political and governance space, and transformations in international relations over the past twenty years Tracks how the development of policies on responding to different cyber threats, improving cyber defences, and increasing cyber deterrence affects the use and effectiveness of cybersecurity law Analyses whether the ongoing evolution of cyber threats changes, or should change, how countries apply domestic and international law to counter cybersecurity challenges concerning crime, terrorism, espionage, and armed conflict This Advanced Introduction is an invaluable resource for researchers and students of law, public policy, and international relations focusing on how digital technologies, the internet, and cyberspace affect world affairs. It also serves as an accessible entry point for government, corporate, and NGO staff concerned with cybersecurity law.
This introductory-level textbook provides a clear and concise overview of commercial law for undergraduate law students. Covering all the key areas of law that may be included in a commercial law module, including agency, sale of goods, bailments, carriage of goods, commercial financing, and conflict of laws, it also introduces relevant elements of related fields such as banking and insolvency law and touches on emerging issues such as cryptocurrencies. Key Features: Accessible and conversational prose A tight focus on core knowledge with manageable levels of detail Important concepts, cases and legislation are highlighted for ease of reference Student-friendly layout with key lessons and learning objectives clearly identified Principles of Commercial Law is perfectly suited to law students studying undergraduate commercial law modules in their second or third years. It will also be beneficial as an accessible introductory text on higher level courses for students who are newer to the topic.
The centrality of natural resources to global economic growth has placed the debate over their ownership and control at the forefront of legal, territorial and political disputes. Combining both legal and policy expertise with academic and practitioner perspectives this book considers the dimensions of natural resource governance at a time when disputes over their use grow more acute. Focusing on the law, regulation and governance of natural resources, this timely work examines in detail the conflicts and contradictions arising at the intersection between international economic law, sustainable development and other areas of international law, most notably human rights law and environmental law. Exploring the views of different stakeholder groups in the natural resources sectors, key chapters consider whether their differing interests and concerns are adequately addressed under national and international law. This book will appeal to scholars of law, political science and development studies. It will also benefit policy practitioners and advocacy specialists in development NGOs, research institutes and international organisations. Contributors include: S. Adelman, J.P. Bohoslavsky, C. Buggenhoudt, L. Cotula, D. Davitti, J. Faundez, J. Justo, L. Martin, J. McEldowney, S. McEldowney, C. Ochoa, D. Ong, M. Picq, F. Smith, C. Tan, J. Van Alstine, E. Wilson
'Andreas Raspotnik's book is a well-written history of the European Union's struggle for recognition in the Arctic; a struggle underpinned by attempts to define what the Circumpolar North means for the EU. Raspotnik adopts the lens of critical geopolitics, which proves very productive in terms of capturing the character of the EU-Arctic nexus. The Union is revealed as a reluctant geopolitical actor, as inherent EU drive to be present in a neighboring region interplays with the lack of genuine interest.' - Timo Koivurova, University of Lapland, Finland 'In spite of an interpretation that the European Union is 'no geopolitical actor' from the critical approach, the Union clearly impacts (Arctic) geopolitics in the fields of climate and environmental policies, fisheries and science, and benefits from the high geopolitical stability of the Arctic. This book is an informative study and in-depth analysis on European geopolitical agency in a distinct spatiotemporal context, the early-21st century's Arctic, and the EU's process to (re)construct European legitimacy there. Next step is to analyze, if the EU tries to influence the discourse on how to use (govern) the land and waters, as well as resources, of the Arctic.' - Lassi Heininen, University of Lapland, Finland The Arctic is a region that has seen exponential growth as a space of geopolitical interest over the past decade. This insightful book is the first to analyse the European Union?s Arctic policy endeavours of the early 21st Century from a critical geopolitical perspective. Exploring the EU?s decade-long undertaking to construct legitimacy in the Arctic between 2008 and 2017, Andreas Raspotnik investigates whether the EU can figure prominently in the Artic region as an international actor. This book presents the EU?s interest in the Arctic as a fascinating test case for how the EU aims to assert its policies and values in a neighbouring region. By providing an in-depth analysis of the EU?s process to establish legitimacy and credibility in the Arctic, Andreas Raspotnik sheds light on the debate regarding whether or not the EU can be perceived as a geopolitical actor. This contemporary and intriguing book will appeal to scholars and students of international relations, European studies, geography, and Arctic studies, as well as those on courses relating to international organizations and global/regional politics. It will also be of interest to the broader public with an interest in the challenges and opportunities of the Arctic region.
Bio-Economy and Agri-Production: Concepts and Evidence bridges the knowledge gap between sustainability and bio-economy aspects of agri-production. It complements traditional perspectives of agri-production with advanced engineering, information and communication technologies recently applied in agri-business. Including knowledgebased agriculture and reflecting sustainability and circular economy principles, the book presents a holistic view of sustainable bio-economy, contributing to the development of integrated agricultural systems. As technology advances, agricultural production management practices are now being called upon to address the need for sustainability in the bio-economy. Bio-Economy and Agri-Production: Concepts and Evidence presents information to broaden the awareness and promotion of practices and technology to reduce the use of inputs, protect health and environment and improve resource-use efficiency. Topics that are addressed include circular economy in agri-business, lifecycle thinking, lean management, agri-chains, green production, and waste management. Bio-Economy and Agri-Production: Concepts and Evidence is a valuable reference for professionals, consultants, and policy making stakeholders in biosystems engineering and agricultural industries
Data not only represent an integral part of the identity of a person, they also represent, together with other essentials, an integral part of the identity of a state. Keeping control over such data is equally important for both an individual and for a state to retain their sovereign existence. This thought-provoking book elaborates on the assumption that information privacy is, in its essence, comparable to information sovereignty. This seemingly rudimentary observation serves as the basis for an analysis of various information instruments in domestic and international law. Information Sovereignty combines a philosophical and methodological analysis of the phenomena of information, sovereignty and privacy. Providing insights into previously unexplored parallels between information privacy and information sovereignty, it examines cross-border discovery, cybersecurity and cyber-defence operations, and legal regimes for cross-border data transfers, encompassing practical discussions from a fresh perspective. In addition, it offers an accessible overview of complex theoretical matters in the domain of Internet legal theory and international law and, crucially, a method to resolve situations where informational domains of individuals and/or states collide. This pioneering state-of the-art assessment of information law and legal theory is a vital resource for students, academics, policy-makers and practitioners alike, seeking a guide to the phenomena of information, sovereignty and privacy.
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