This book examines the risks to freedom of expression, particularly in relation to the internet, as a result of regulation introduced in response to terrorist threats. The work explores the challenges of maintaining security in the fight against traditional terrorism while protecting fundamental freedoms, particularly online freedom of expression. The topics discussed include the clash between freedom of speech and national security; the multijurisdictional nature of the internet and the implications for national sovereignty and transnational legal structures; how to determine legitimate and illegitimate association online; and the implications for privacy and data protection. The book presents a theoretical analysis combined with empirical research to demonstrate the difficulty of combatting internet use by terror organizations or individuals and the range of remedies that might be drawn from national and international law. The work will be essential reading for students, researchers and policy makers in the areas of Constitutional law; Criminal Law, European and International law, Information and Technology law and Security Studies.

Exploring potential scenarios of artificial intelligence regulation which prevent automated reality harming individual human rights or social values, this book reviews current debates surrounding AI regulation in the context of the emerging risks and accountabilities. Considering varying regulatory methodologies, it focuses mostly on EU's regulation in light of the comprehensive policy making process taking place at the supranational level. Taking an ethics and humancentric approach towards artificial intelligence as the bedrock of future laws in this field, it analyses the relations between fundamental rights impacted by the development of artificial intelligence and ethical standards governing it. It contains a detailed and critical analysis of the EU's Ethic Guidelines for Trustworthy AI, pointing at its practical applicability by the interested parties. Attempting to identify the most transparent and efficient regulatory tools that can assure social trust towards AI technologies, the book provides an overview of horizontal and sectoral regulatory approaches, as well as legally binding measures stemming from industries' self-regulations and internal policies.

Why cities often cope better than nations with today's lightning-fast changes.The British Empire declined decades ago, but London remains one of the world's preeminent centers of finance, commerce, and political discourse. London is just one of the global cities assuming greater importance in the post-cold war world even as many national governments struggle to meet the needs of their citizens. Global Political Cities shows how and why cities are re-asserting their historic role at the forefront of international economic and political life. The book focuses on fifteen major cities across Europe, Asia, and the United States, including New York, London, Tokyo, Brussels, Seoul, Geneva, and Hong Kong, not to mention Beijing and Washington, D.C. In addition to highlighting the achievements of high-profile mayors, the book chronicles the growing influence of think tanks, mass media, and other global agenda setters, in their local urban political settings. It also shows how these cities serve in the Internet age as the global stage for grassroots appeals and protests of international significance. Global Political Cities shows why cities cope much better than nations with many global problems and how their strengths can help transform both nations and the broader world in future. The book offers important insights for students of both international and comparative political economy; diplomats and other government officials; executives of businesses with global reach; and general readers interested in how the world is changing around them.

The book poses the fundamental question of what objectivity means in practical legal discourse and what is its role. By applying critical discourse analysis to the applications of the term "objectivity" in judicial discourse - based on cases from Poland - the book identifies a rich taxonomy of objectivity's uses that judges make of the concept of objectivity. The main results are that objectivity has a special meaning in the legal discourse based on legal authority, and that a case can be made for a stronger interconnection between objectivity and intersubjectivity. These results challenge the theoretical foundations of the debate on objectivity in the legal discourse and open new perspectives for the justification of this concept in modern societies.

This is the first book-length treatment of both the non-positive- and the positive-liberty strands of the republican revival in political and constitutional theory. The republican revival, pursued especially over the last few decades, has presented republicanism as an exciting alternative to the dominant tradition of liberalism. The book provides a sharply different interpretation of liberty from that found in the republican revival, and it argues that this different interpretation is not only historically more faithful to some prominent writers identified with the republican tradition, but is also normatively more attractive. The normative advantages are revealed through discussion of some central concerns relating to democracy and constitutionalism, including the justification for democracy and the interpretation of constitutional rights. The book also looks beyond republican liberty by drawing on the republican device of sortition (selection by lot). It proposes the use of large juries to decide bill-of-rights matters. This novel proposal indicates how democracy might be reconciled with constitutional review based on a bill of rights. Republicanism is not pitted against liberalism: the favoured values and institutions fit with liberal commitments.

Natural Law Today: The Present State of the Perennial Philosophy explains and defends various aspects of traditional natural law ethical theory, which is rooted in a broad understanding of human nature. Some of the issues touched upon include the relation of natural law to speculative reason and human ends (teleology), the relationship between natural law and natural theology, the so-called naturalistic fallacy (deriving "ought" from "is"), and the scope of natural knowledge of the precepts of the natural law, as well as possible limits on it. It also takes up certain historical and contemporary questions, such as the various stances of Protestant thinkers toward natural law, the place of natural law in contemporary U.S. legal thought, and the relationship between natural law and liberal political thought more generally. It brings together a number of the leading exponents of a more traditional or classical form of natural law thought, who claim to root their arguments within the broader philosophy of Thomas Aquinas more deeply than other major representatives of the natural law tradition today.

This book critically explores the legal tools, concepts, principles and instruments, as well as cross-cutting issues, that comprise the field of international environmental law. Commencing with foundational elements, progressing on to discrete sub-fields, then exploring regional cooperative approaches, cross-cutting issues and finally emerging challenges for international environmental law, it features chapters by leading experts in the field of international environmental law, drawn from a range of countries in order to put forward a truly global approach to the subject. The book is split into five parts: * The foundations of international environmental law covering the principles of international environmental law, standards and voluntary commitments, sustainable development, issues of public participation and environmental rights and compliance, state responsibility, liability and dispute settlement. * The key instruments and governance arrangements across the most critical areas of international environmental law: biodiversity, wildlife, freshwater, forestry and soils, fisheries, marine pollution, chemicals and waste, air and atmospheric pollution and climate change. * Crucial developments in seven distinct regions of the world: Africa, Europe, North America, Latin America, South East Asia, the polar regions and small island states. * Cross-cutting issues and multidisciplinary developments, drawing from multiple other fields of law and beyond to address human rights and Indigenous rights, war and armed conflict, trade, financing, investment, criminology, technology and energy. * Contemporary challenges and the emerging international environmental law regimes which address these: the changing climate, forced migration, marine plastic debris and future directions in international environmental law. Containing chapters on the most critical developments in environmental law in recent years, this comprehensive and authoritative book makes for an essential reference work for students, scholars and practitioners working in the field.

The Political Economy of International Commodity Cartels examines how international commodity cartels in the 1930s were impacted not only by commercial rivalry, but also by international trade political and diplomatic concerns. This work presents the rise and decline of the European Timber Exporters' Convention (ETEC) and analyses how firms navigated through the cartel game under increasing international competition, pressures from the national governments, and the interventionist endeavours of the League of Nations. Cartels are often associated with, in the standard economic interpretation, business collusion. However, in using vast archive sources and historical methodology, the chapters in this book shed light onto how international relations shaped cartels. The rise of British protectionism, the emergence of the Soviet Union as an industrial power, and the economic rapprochement of the League of Nations in the early 1930s created a wave of political and diplomatic challenges in the timber trading countries and affected cartelisation. Timber firms in the biggest producer countries-Finland and Sweden-were uninterested in international cartel collaboration, but under pressure joined the ETEC nevertheless. This book makes a strong contribution to the fields of business history and cartel studies. It is an essential read for economic historians interested in how political pressure shaped international cartels and how cartels became avenues of diplomacy.

Air Transport and Regional Development Methodologies is one of three interconnected books related to a four-year European Cooperation in Science and Technology (COST) Action established in 2015. The action, called Air Transport and Regional Development (ATARD), aimed to promote a better understanding of how the air transport-related problems of core regions and remote regions should be addressed to enhance both economic competitiveness and social cohesion in Europe. This book discusses key methodological approaches to assessing air transport and regional development, outlining their respective strengths and weaknesses. These include input- output analysis, cost benefit analysis, computable general equilibrium models, data envelopment analysis, stochastic frontier analysis, discrete choice models and game theory. Air Transport and Regional Development Methodologies aims at becoming a major reference source on the topic, drawing from experienced researchers in the field, covering the diverse experience and knowledge of the members of the COST Action. The book will be of interest to several large groups. First, it will serve as an authoritative and comprehensive reference for academics, researchers and consultants. Second, it will advise policy- makers and government organizations at European, national and regional levels. Third, it presents invaluable insights to transport companies such as airports and airline operators. Along with the other two books (Air Transport and Regional Development Policies and Air Transport and Regional Development Case Studies), it fills a much-needed gap in the literature.

Carefully structured and supported with a wealth of examples, Elise Muir provides a clear, concise introduction to the EU legal order. Drawing upon her years of teaching experience, Muir outlines the history of the EU, its key actors, modes of action and its daily relevance. Offering students and instructors an up-to-date textbook, Muir pays attention to the latest developments, including the impacts of Brexit and the Covid-19 crisis. Written for students from a range of disciplines and levels of study, this book explains how the EU legal order works. Muir illuminates the complex and technical areas of EU institutional law through explanatory illustrations, schemes, and textboxes. With this engaging and accessible resource, students will be well-equipped to understand the fundamentals and functioning of the EU legal order.

The main task of this book is to deliver an in-depth analysis of the idea of the state in the reflection of Robert von Mohl (1799-1875). This German liberal scholar and politician developed comprehensive theory of the state, which combined both absolutist and liberal trendencies. In the book, Von Mohl's political philosophy is depicted against the backdrop of the sociopolitical situation of German states in the nineteenth century.The main focus of the book is one of von Mohl's most important intelectual achievements, namely - the concept of Rechstaat. In conclusion, the author draws similarities between various von Mohl's ideas and the situation of contemporary legal institutions in Germany and Poland.

This book analyzes the specifics of corporate governance of China's State Owned Enterprises (SOEs) and their assessment under EU merger control, which is reflected in the EU Commission's screening of the notified economic concentrations. Guided by the going global policy and the Belt and Road Initiative, Chinese SOEs have expanded their global presence considerably. Driven by the need to acquire cutting edge technologies and other industrial policy considerations, Chinese SOEs have engaged in a series of corporate acquisitions in Europe. The main objective of this book is to demonstrate the conceptual and regulatory challenges of applying traditional merger assessment tools in cases involving Chinese SOEs due to the specifics in their corporate governance and the regulatory framework under which they operate in China. The book also explores the connection between the challenges experienced by the merger control regimes in the EU and the recent introduction of the EU foreign direct investment screening framework followed by a proposal concerning foreign subsidies. The book will be a useful guide for academics and researchers in the fields of law, international relations, political science, and political economy; legal practitioners dealing with cross-border mergers and acquisitions; national competition authorities and other public bodies carrying out merger control; policy makers, government officials, and diplomats in China and the EU engaged in bilateral economic relations.

The Financial Crisis was a cross-sector crisis that fundamentally affected modern society. Regulation, as a concept, was both blamed for allowing the crisis to happen, but also tasked with developing and implementing solutions in the wake of the crash. In this book, a number of specialists from a range of fields have contributed their insights into the effect of the Financial Crisis upon the regulatory frameworks affecting their fields, how regulators have responded to the Crisis, and then what this may mean for the future of regulation within those industries. These analyses are joined by a picture of past financial crises - which reveals interesting patterns - and then analyses of architectural regulatory models that were fundamentally affected by the Crisis. The book aims to allow sector specialists the freedom to share their insights so that, potentially, a broader picture can be identified. Providing an interesting and thought-provoking account of this societally impactful era, this book will help the reader develop a more informed understanding of the potential future of financial regulation. The book will be of value to researchers, students, advanced level students, regulators, and policymakers.

The growth of data-collecting goods and services, such as ehealth and mhealth apps, smart watches, mobile fitness and dieting apps, electronic skin and ingestible tech, combined with recent technological developments such as increased capacity of data storage, artificial intelligence and smart algorithms, has spawned a big data revolution that has reshaped how we understand and approach health data. Recently the COVID-19 pandemic has foregrounded a variety of data privacy issues. The collection, storage, sharing and analysis of health- related data raises major legal and ethical questions relating to privacy, data protection, profiling, discrimination, surveillance, personal autonomy and dignity. This book examines health privacy questions in light of the General Data Protection Regulation (GDPR) and the general data privacy legal framework of the European Union (EU). The GDPR is a complex and evolving body of law that aims to deal with several technological and societal health data privacy problems, while safeguarding public health interests and addressing its internal gaps and uncertainties. The book answers a diverse range of questions including: What role can the GDPR play in regulating health surveillance and big (health) data analytics? Can it catch up with internet-age developments? Are the solutions to the challenges posed by big health data to be found in the law? Does the GDPR provide adequate tools and mechanisms to ensure public health objectives and the effective protection of privacy? How does the GDPR deal with data that concern children's health and academic research? By analysing a number of diverse questions concerning big health data under the GDPR from various perspectives, this book will appeal to those interested in privacy, data protection, big data, health sciences, information technology, the GDPR, EU and human rights law.

This volume examines the relationship between Christian legal theory and the fields of private law. Recent years have seen a resurgence of interest in private law theory, and this book contributes to that discussion by drawing on the historical, theological, and philosophical resources of the Christian tradition. The book begins with an introduction from the editors that lays out the understanding of "private law" and what distinguishes private law topics from other fields of law. This section includes two survey chapters on natural law and biblical sources. The remaining sections of the book move sequentially through the fields of property, contracts, and torts. Several chapters focus on historical sources and show the ways in which the evolution of legal doctrine in areas of private law has been heavily influenced by Christian thinkers. Other chapters draw out more contemporary and public policy-related implications for private law. While this book is focused on the relationship of Christianity to private law, it will be of broad interest to those who might not share that faith perspective. In particular, legal historians and philosophers of law will find much of interest in the original scholarship in this volume. The book will be attractive to teachers of law, political science, and theology. It will be of special interest to the many law faculty in property, contracts, and torts, as it provides a set of often overlooked historical and theoretical perspectives on these fields.

This book focuses on a border police collaboration project in the Baltic Sea area aiming at fighting cross-border crimes. It deals with the challenges that inherently "suspicious" organizations face when forced to work together. The study offers unique insights into a European border police project, giving the reader a behind the scenes account of how cross-border policing and organized crime in Europe is prevented and solved. Through detailed ethnographic descriptions, the book describes how a trust-based relationship, which is necessary for the exchange of sensitive intelligence information, gradually developed by the participants in and through their joint efforts to protect Europe from external threats and by performing everyday work together. The study presented in this book is of interest to scholars as well as practitioners concerned with migration management, border policing, intelligence analysis, police culture, and the changing nature of policing in an increasingly global and interconnected world. The book includes various sociological features, such as emotion management, emotional labor, hegemonic masculinity, and takes an interactionist perspective on informal interactions such as joking, bantering, and telling stories. It is also of interest to readers engaged in various forms of intra-, inter-organizational, and inter-cultural collaborations.

The world's governing structures are higgledy-piggledy: disorderly, heads and tails in any or every direction. Such disorder fosters deficient governance. Decisions by noncooperating nations can generate damaging crossborder outcomes. Muddles destabilize mutual well-being.Public debate is often mired in superficial arguments about "globalization." This insightful book by economist Ralph C. Bryant instead emphasizes that the world's nations need to craft better middle-ground compromises to improve governance and manage increasing integration. Individual nations, Bryant argues, should fashion a balance between local autonomy and external openness, avoiding the extremes of rigid localism and unfettered openness. And nations need to act together collectively. Cooperative governance can encourage orderliness that mitigates disarray undermining mutual goals. The global challenge of the coronavirus pandemic is a vivid reminderthat international cooperation is becoming progressively more essential. Do nations and their leaders have sufficient foresight to use borders not as barriers but as catalysts for international cooperation? Could national migration policies find sustainable middle ground between the unrealistic extreme of unfettered freedom for people to cross borders and the inhumane exclusion of foreign refugees? Could augmented cross-border cooperation mitigate dangers from recurring financial instability? Could the world community foster collective actions to reduce the severe risks of global climate change? The answer to such questions can and should be yes. Wiser cross-border collective action nurtures a mutually supportive order offsetting the threats of disorder that may otherwise prevail. A healthy evolution of our planet requires requires! more orderly national governance and more ambitious cross-border cooperation.

Setting forth the building blocks of banking bailout law, this book reconstructs a regulatory framework that might better serve countries during future crisis situations. It builds upon recent, carefully selected case studies from the US, the EU, the UK, Spain and Hungary to answer the questions of what went wrong with the bank bailouts in the EU, why the US performed better in terms of crisis management, and how bailouts could be regulated and conducted more successfully in the future. Employing a comparative methodology, it examines the different bailout and bank resolution techniques and tools and identifies the pros and cons of the different legal and regulatory options and their underlying principles. In the post-2008 legal-regulatory architecture financial institution specific insolvency proceedings were further developed or implemented on both sides of the Atlantic. Ten years after the most recent financial crisis, there is sufficient empirical evidence to evaluate the outcomes of the bank bailouts in the US and the EU and to examine a number of cases under the EU's new bank resolution regime. This book will be of interest of anyone in the field of finance, banking, central banking, monetary policy and insolvency law.

This book provides a systematic analysis of the major structural and institutional governance mechanisms in Cameroon, critically analysing the constitutional and legislative texts on Cameroon's semi-presidential system, the electoral system, the legislature, the judiciary, the Constitutional Council and the National Commission on Human Rights and Freedoms. The author offers an assessment of the practical application of the laws regulating constitutional institutions and how they impact on governance. To lay the groundwork for the analysis, the book examines the historical, constitutional and political context of governance in Cameroon, from independence and reunification in 1960-1961, through the adoption of the 1996 Constitution, to more recent events including the current Anglophone crisis. Offering novel insights on new institutions such as the Senate and the Constitutional Council and their contribution to the democratic advancement of Cameroon, the book also provides the first critical assessment of the legislative provisions carving out a special autonomy status for the two Anglophone regions of Cameroon and considers how far these provisions go to resolve the Anglophone Problem. This book will be of interest to scholars of public law, legal history and African politics. The Open Access version of this book, available at https://www.taylorfrancis.com/books/9781351028868, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license

The dominant and deceptively simple theme of this book is the relationship between the moral environment of the courtroom and that of the society in which the court is situated. The volume ranges widely across time and space, from ancient Greece to twentieth-century Africa. As a consequence, it encompasses not only the highly professional legal systems of the Roman, later medieval and modern worlds, but also the relatively unprofessionalized courts of classical Athens and of the early Middle Ages and the alien, imposed legal systems of colonial Rhodesia and Kenya.

This book discusses which is the most appropriate tax dimension to best manage the new horizons of the global and digital economy. In this perspective, the efficiency of the main models is examined and two fundamental proposals are put forth: the first one aims at a coordination of the Destination-Based approach with the role of some specific digital assets, such as user data; the second one is a framework for a possible futuristic tax phenomenon all internal to the world of the internet and not linked to traditional territorial States. The compliance of these models with the constitutional principles that western democratic systems have affirmed over time in matters of taxation is then analyzed with particular regard to legal certainty, consent to taxation and to the re-distributive function of taxes. A specific evaluation of the role of the European Union is carried out and the jurisprudence on financial interests of the Union and on State aids is analyzed and tackled in light of the Treaty on the Functioning of the European Union and of the tax sovereignty of member States. The conclusion is that the model of the organization with a general political purpose, from which modern States take their inspiration, appears unfailing for a tax project that would focus on the good and the growth of the person and of the social aggregations in which everyone lives. A model that therefore deserves to be safeguarded, although with new methods and instruments, starting from a Destination-Based Asset-Coordinated approach, in the Third Millennium. The book will be of interest to researchers and academics in international tax law, constitutional law and in political science.

The governance of the dead in the eighteenth and nineteenth centuries gave rise to a new arrangement of thanato-politics in the West. Legal, medical and bureaucratic institutions developed innovative technologies for managing the dead, maximising their efficacy and exploiting their vitality. Law and the Dead writes a history of their institutional life in the nineteenth and twentieth centuries. With a particular focus on the technologies of the death investigation process, including place-making, the forensic gaze, bureaucratic manuals, record-keeping and radiography, this book examines how the dead came to be incorporated into legal institutions in the modern era. Drawing on the writings of philosophers, historians and legal theorists, it offers tools for thinking through how the dead dwell in law, how their lives persist through the conduct of office, and how coroners assume responsibility for taking care of the dead. This historical and interdisciplinary book offers a provocative challenge to conventional thinking about the sequestration of the dead in the nineteenth and twentieth centuries. It asks the reader to think through and with legal institutions when writing a history of the dead, and to trace the important role assumed by coroners in the governance of the dead. This book will be of interest to scholars working in law, history, sociology and criminology.

Research on law's relationship with time has flourished over the past decade. This edited collection aims to put law and time scholarship into wider context, advancing conversations on time and temporalities between socio-legal scholars, anthropologists, sociologists, geographers and historians. Through a diverse range of contributions, the collection explores how legal modalities of time emerge and have effects within wider clusters of social and political action. Themes include: law's diverse roles in maintaining linear historicist models of time; law's participation in the materialisation of times; and the unsteady effects of temporal pluralism and polytemporalities in law. De-naturalising the 'time' in law and time scholarship, this collection positions time as something that can be enacted and materialised as well as experienced, with distinct implications for questions of social justice. Chapter 6 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license. https://s3-us-west-2.amazonaws.com/tandfbis/rt-files/docs/Open+Access+Chapters/9780415792219_oachapter6.pdf The Introduction of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license. https://s3-us-west-2.amazonaws.com/tandfbis/rt-files/docs/Open+Access+Chapters/9780415792219_oaintroduction.pdf

This collection presents an authoritative selection of the most important articles in law and economics literature, written by distinguished scholars such as Ronald Coase, Robert Cooter, Henry Manne, Steven Shavell and Oliver Williamson. The articles are arranged by theme into 12 sections, ranging across the entire spectrum of private and public law. 66 articles, dating from 1960 to 1995 Contributors: G. Becker, G. Calabresi, R. Coase, R. Cooter, H. Demsetz, R. Epstein, W. Landes, H. Manne, S. Shavell, G. Stigler, O. Williamson

This book presents new research assumptions aiming at a significant expansion of a typical, common paradigm of law sciences. It focuses on the process of law-making, which is an important subject of interest in broadly understood legal sciences. Although many books have been written on this subject, new problems are still emerging. In many countries of the world, current political and legal theories are becoming less and less adequate to the description of reality. One of the causes is that too little empirical research is conducted in legal sciences on the links between the legal system and its socio-economic environment. This book is a result of discussions among researchers from different parts of the world. The multiplicity of points of view and the diversity of assumptions adopted by the authors, allows them to present a multi-faceted image of law-making processes.