This book focuses on protection needs and new aspects of personality and data protection rights on the Internet, presenting a comprehensive review that discusses and compares international, European and national (Brazilian, German, Pakistani) perspectives. It deals with overarching questions, such as whether universal minimum standards of privacy protection can be developed or how regional data protection rights can be safeguarded and enforced extraterritorially, given the conditions of the Internet. Furthermore, the book addresses new challenges and novel rights, e. g., data retention and protection against mass surveillance, the right to be forgotten, rights to anonymity, legal issues of the digital estate or rights relating to algorithmic decision-making. Furthermore, the book explores how well-known paradigms, such as liability for personality rights violations or damages, have to be adapted in view of the significant role of intermediaries.

The EU's interest in and engagement with North East Asia has grown massively over the last three decades, the shaping and implementation of its policy influenced heavily by the UK and its historical links with East Asia. Brexit therefore raises questions about the future of this engagement and comes against a background of wider threats to the liberal world order, especially rising tensions between the USA and China. Worried that they may be forced to choose sides in their hitherto carefully managed relationships with the two, China's neighbours are therefore watching with interest to see how the EU and the UK respond and manage their future relations with the region. This book goes beyond the traditional trade links to consider diplomatic and security perspectives, as well as wider issues such as the possible impact on educational and research links. It will be of interest to diplomats, scholars, and economists.

This handbook provides comprehensive and expert analysis of the impact of the Brexit process and the withdrawal of the United Kingdom from the European Union on existing and future EU-UK relations within the context of both EU and international law. Examining the wider international law implications, it additionally assesses the complex legal consequences of Brexit for both the EU and the UK in their dealings with third states and other international organizations. With contributions from renowned specialists in the field of EU external action, each chapter will analyse specific policy areas to address key challenges arising from the Brexit process for the EU and the UK and propose solutions to overcome these problems. The handbook aims to fill a gap in research by assessing the consequences of Brexit under EU external relations law and international law. As such, it is hoped it will set the research agenda for coming years on the international dimension of Brexit. The Routledge Handbook on the International Dimension of Brexit is an authoritative and essential reference text for scholars and students of international and European/EU law and policy, EU politics, and British Politics and Brexit, as well as of key relevance to legal practitioners involved in Brexit, governments, policy-makers, civil society organizations, think tanks, practitioners, national parliaments and the Court of Justice.

This volume analyses criminal procedural issues from a European perspective, particularly in connection with EU law and ECHR law. As such, it differs from previous works, which, on the one hand, generally focus only on EU law, and, on the other, address both procedural and substantial aspects, as a result of which the former receive inadequate attention. Indeed, criminal procedural matters in the European context have now reached a level of complexity, but also of maturity, that shows the features of a great design, which, even if not yet defined in all its aspects, appears sufficiently articulated to deserve to be explained in a systematic way. The book offers a guidance for practitioners, academics and students alike. It covers a broad range of topics: from the complex system of the sources of law to the multilevel protection of fundamental rights; from vertical and horizontal judicial and police cooperation to the instruments of mutual recognition, primarily the European Arrest Warrant; but also the European Investigation Order, the execution of confiscation orders, the ne bis in idem principle, the conflicts of jurisdiction and the enforcement of judgements. The book also reflects the latest regulation on the establishment of the European Public Prosecutor's Office.

How was the Banking Union, the most advanced legal and institutional integration in the single market, created? How does European law impact European integration? To answer these questions, this book provides a sweeping account of the evolution of European law. It identifies five integration periods of the single financial market, intertwined with the development of global finance, from its origins, through its expansion and crisis, to the Banking Union. Each period is defined by innovations to deepen integration, such as the single passport for financial services, soft governance and comitology, agencies, or a single rulebook. Providing a far-reaching explanation of the legal and institutional rationality of the European Banking Union, this book demonstrates that the Banking Union is not an accident of history or simply the product of the existential crisis of the Monetary Union. It has deep roots in the evolutionary process of European law and its drive towards supranational integration.

As the publishing, film and music industries are dominated by Big Media conglomerates, there is often recourse to simplistic ideological and conspiratorial readings of industry dynamics. Copyright, Creativity, Big Media and Cultural Value: Incorporating the Author explains why copyright is much more than a creator's private property right or a mechanism through which corporations control cultural production and influence mass consumption choices. The volume is grounded in extensive, painstakingly detailed and colourful original archival research into business histories of major successful artists including Conan Doyle, Hall Caine, Margaret Atwood, Dame Nellie Melba, Radiohead and Banksy, and the industries and genres that grew up around their activities. Chapters address big questions about how copyright generates income and how distributions of profits are allocated in the publishing, film and music industries. It includes discussion of the creation of new formats, the interplay between old media and new technologies, international copyright reform and cross-industry relations. Copyright, Creativity, Big Media and Cultural Value is a wide-ranging and important resource for students and practitioners of law and policy, media studies, cultural studies and literary history.

The book is written in an accessible style setting out the concepts behind and development of WTO law in clear and logical way, allowing students studying WTO law or international law for the first time to grasp the key principles of world trade law. Giving a political-economy context for the legal rules and general trade theories enables students to better understand how the WTO has developed and the complex trade law concepts underlying it.

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.

Multilateralism has served as a foundation for international cooperation over the past several decades. Championed after the Second World War by the United States and Western Europe, it expanded into a broader global system of governance with the end of the Cold War. Lately, an increasing number of States appear to be disappointed with the existing multilateral arrangements, both at the level of norms and that of institutions. The great powers see unilateral and bilateral strategies, which maximize their political leverage rather than diluting it in multilateral fora, as more effective ways for controlling the course of international affairs. The signs of the crisis have been visible for some time - but recent crises indicate an acceleration of the on-going disintegration of the multilateral system, such as Brexit, growing resistance on the part of States to international monitoring of compliance and the radical change in the US foreign policy during the presidency of Donald Trump which saw the US withdraw from several multilateral agreements (e.g. the Iran Nuclear Deal and the Paris Agreement), leave some international organizations or bodies (e.g. the United Nations Human Rights Council or the World Health Organization) or paralyze some others (e.g. the World Trade Organization (WTO)). Tackling the debate surrounding the crisis of multilateralism and the related transformation of the underlying international legal order, The Crisis of Multilateral Legal Order analyzes selected aspects of the current crisis from the perspective of public international law to identify the nature of the crisis, its dynamics, and implications.

This book explores the activism promoted by organised networks of civil society actors in opening up possibilities for more democratic supranational governance. It examines the positive and negative impact that such networks of civil society actors - named "interlocutory coalitions" - may have on the convergence of principles of administrative governance across the European legal system and other supranational legal systems. The book takes two main controversial aspects into account: the first relates to the convergence between administrative rules pertaining to different supranational regulatory systems. Traditionally, the spread of methods of administrative governance has been depicted primarily against the background of the interactions between the domestic and the supranational arena, both from a top-down and bottom-up perspective. However, the exploration of interactions occurring at the supranational level between legal regimes is still not grounded on adequate empirical evidence. The second controversial aspect considered in this book consists of the role of civil society actors operating at the supranational level. In its discussion of the first aspect, the book focuses on the relations between the European administrative law and the administrative principles of law pertaining to other supranational regulatory regimes and regulators, including the World Bank, the International Monetary Fund, the World Trade Organization, the United Nations, the Organization for Economic Cooperation and Development, the Asian Development Bank, and the Council of Europe. The examination of the second aspect involves the exploration of the still little examined, but crucial, role of civil society organised networks in shaping global administrative law. These "interlocutory coalitions" include NGOs, think tanks, foundations, universities, and occasionally activists with no formal connections to civil society organisations. The book describes such interlocutory coalitions as drivers of harmonized principles of participatory democracy at the European and global levels. However, interlocutory coalitions show a number of tensions (e.g. the governability of coalitions, the competition among them) that may hamper the impact they have on the reconfiguration of individuals' rights, entitlements and responsibilities in the global arena.

Discussions of the unlawfulness of the Iraqi invasion, the lawfulness of the International Community response, and the Iraqi arguments made against the military response are presented here. The key United Nations resolutions issued during the 1991 Gulf War - explained and reprinted here - formed the foundation on which the 2003 war against Iraq was justified.
Additional topics and coverage include:

. Alternative enforcement mechanisms, legal issues, and considerations on the maintenance of peace and safety in the region
. Reparations, war crimes trials, and permitted reprisals
. Legal issues under the United States constitution
. A postscript on controlling the scourge of war - toward a more peaceful future
. A photo-journal of the author's attendance on the Freedom Flight documenting the destruction in the area and the warm welcome of the local citizens."

This book presents an in-depth discussion on two concepts from the field of philosophy and law, in order to improve our understanding of the relation between "fact" and "evidence" in judicial process. Since fact-finding is a difficult task for judges, proof by evidence has been devised to help them access the truth. However, in the process of judicial fact-finding, there is always a gap between fact and truth. This book covers a wide range of topics, from reflections on the concept of "fact," "evidence" and "fact-finding" in the field of philosophy and law to individual case studies. As such it is a useful reference resource on the continuing research on the judicial proof process for students and scholars.

This book gathers the general contributions to the 3rd Thematic Congress of the International Academy of Comparative Law, which took place from 16 to 18 November 2016 in Montevideo, Uruguay. The main topic of the Congress was the enforcement and effectiveness of the law as a particularly relevant concern in today's society, in which the expressions of law have multiplied and legal pluralism seems to have reached its peak. The book addresses the enforcement of constitutional rights in national and supranational contexts, as well as the effectiveness of international dispute settlement. Further, it examines in detail the relations between the enforcement and effectiveness of criminal law, contract law and family law. Ce livre rassemble les contributions generales du 3eme Congres thematique de l'Academie internationale de droit compare, qui s'est deroule du 16 au 18 novembre 2016 a Montevideo en Uruguay. Le sujet principal du Congres etait la mise en oeuvre et l'effectivite du droit qui constituent une preoccupation particulierement pertinente dans la societe contemporaine ou les expressions du droit se sont multipliees et ou le pluralisme juridique semble avoir atteint son apogee. Le livre traite de la mise en oeuvre des droits constitutionnels dans des contextes nationaux et supranationaux ainsi que de l'efficacite du reglement des differends internationaux. En outre, il examine en detail les relations entre l'application et l'efficacite du droit penal, du droit des contrats et du droit de la famille.

Based on the first edition with extensive analysis of practical applications of environmental risk management and compliance management systems, this second edition of International Environmental Risk Management reflects updates made in the understanding and application of risk management best practices and makes available a frame of reference and systematic approach to environmental and social governance (ESG). It provides a pathway for readers to implement environmental management strategies that can be integrated with core operations and other risk management efforts, including supporting sustainability and corporate social responsibility initiatives associated with climate change, the circular economy or supply chain conditions, as well as enterprise risk management; anti-bribery, and other compliance management systems. This book provides in-depth discussions of ways to use global environmental management standards. New features in this edition: Combines EMS standards with discussion of specific principles, other authors' research, and guidelines on management practices. Provides guidelines on how to prepare for, anticipate, and resolve environmental issues. Includes easily understandable information for all readers and is not simply aimed toward individuals who are knowledgeable about this topic. Provides in-depth discussions on using global environmental management standards to manage risk and promote resilience, as well as legal strategies and voluntary initiatives that companies can utilize to minimize risk. Accounts for the substantive revisions in ISO 14001:2015. As a growing and rapidly changing field, it is necessary to address new issues, guidelines, and regulations to assist businesses, academia, students, consultants, lawyers, and environmental managers with a pragmatic resolution to environmental risk management issues. This second edition gives a broad and detailed analysis of the changes made to international standards and practices and serves as an excellent guide to managing environmental risk.

Structure and methodology of the text are transparent and cross-jurisdictional, not tied to the perceptions and approaches of one particular jurisdiction (e.g. common law or civil law), therefore making it applicable to every student of international law. Comprehensive coverage without being as dense and lengthy as other competing texts, therefore accessible to all students, regardless of prior knowledge or background. Good use of signposting in text through subheadings and logical chapter structures, accessible pedagogy for upper level undergraduates (especially in comparison to some of the competing texts). Provides a framework for students rather than just a prescriptive narrative, arming the student with the analytical and methodological tools to pursue the discipline in greater depth. Further updated since previous edition to include new case studies and court decisions, as well as sections on women's rights, cyber-attacks and Islamic ideologies. Includes a companion website to help students and instructors by offering suggestions for further reading and discussion questions, as well as updates to the law between editions to keep students' knowledge as up to date as possible.

Human rights are much talked about and much written about, in academic legal literature as well as in political and other social sciences and the general political debate. This book argues that the universality of basic human rights is one of the values of the concept of rights. It points out the risk of a certain "inflation" caused by the current habit of talking so much and so often about human rights and of using them as a basis for claims of various kinds. These rights, their understanding and interpretation may need to become more "purist" to ensure that universal human rights as a concept survive.

Another chapter concentrates on the analysis of the frames of "EU protected human rights" from the perspective of effective implementation.

Further, the book not only deals with the complicated relations between the EU and international law, but also seeks to show the horizontal effect. To that end, the fears and hopes of the member states and interest groups are categorized and commented on.

Lastly, the gaps in theory and practice are addressed, current trends related to implementation are pointed out, and suggestions are made concerning how to make the best out of the Charter.

This book considers the efficacy of the common regulatory model of the licensing regime as a means of regulating animal use in England, with a particular focus on wild animals and the regime's ability to ensure animal welfare needs are met. Using information gleaned from over 550 inspection reports relating to the period 2008 through 2019, obtained using FOI Act requests, the book analyses the extent to which animals used by these industries are protected by law. Tyson analyses the limitations present in the practical application of English legislation responsible for creating a number of relevant licensing regimes.The regimes discussed include: The Zoo Licensing Act 1981, the now repealed Welfare of Wild Animals in Travelling Circuses Regulations 2012, and the Animal Welfare (Licensing of Activities Involving Animals) Regulations 2018, introduced under the Animal Welfare Act 2006. Exploring the weakness in the use of this type of regulatory model, Tyson proposes compelling recommendations for change in future policy development. Making an important contribution to the question of enforcement of animal welfare laws, this book provides useful and original insights into the implementation of licensing regimes, and will be of particular interest to scholars of animal welfare law, animal ethics, and critical animal studies.

Die lenkende Vergabe von StaatsauftrAgen in der EuropAischen Union ist Thema dieses Werkes. Nach einer Betrachtung der Praktiken der Mitgliedsstaaten werden die einschlAgigen EG-Richtlinien analysiert. Dabei zeigt sich, daA die Harmonisierung der Auftragsvergabe durch die Vergaberichtlinien in diesem Bereich nicht abschlieAend ist. Aus diesem Grunde wird auf den EG-Vertrag zurA1/4ckgegriffen. Dieser verbietet zwar eine direkte oder indirekte AnknA1/4pfung an die StaatsangehArigkeit des Teilnehmers, lAAt aber nichtdiskriminierende Vergabepraktiken ohne handelsbeschrAnkende Wirkungen grundsAtzlich zu. Insgesamt erscheinen regionalpolitische SekundArzwecke als unzulAssig, wAhrend es bei anderen sehr auf die rechtstechnische Vorgehensweise ankommt. Die Formulierung transparenter Kriterien fA1/4r ein konkretes Vergabeverfahren ist der Bezugnahme auf einheimisch verbreitete Standards rechtlich vorzuziehen.

This book presents the outcomes of a study on indices of rule by law in China conducted by the Chinese Academy of Social Sciences (CASS). Since 2009, a group of researchers at the CASS Institute of Law has worked to assess the Chinese government's transparency. In this context, they designed an index system to truthfully record and reflect the reality and development of openness in the Chinese government for eight consecutive years. This book compiles their reports on each year's development, systematically combining quantitative analysis and the status quo for each year. Thanks to these reports, readers will be able to clearly understand the evolution of the Chinese government's openness during these eight years. They highlight what the government has done to improve transparency, what has been achieved, and the goals for the future. These reports have not only been acclaimed in academic circles, but have also greatly influenced government policies and procedures. For example, the assessment was expanded to the judicial system including the Supreme People's Court, maritime court, and local provincial courts in 2011, and ever since the national judicial system's openness has been considerably improved, in response to recommendations based on the assessment.

Maritime boundary disputes in the South China have existed for centuries, and researchers from a variety of countries have analysed the situation from a great many points of view. Yet, and despite its status as one of the major countries in the region, Chinese perspectives have often been absent from the international literature. This book redresses that balance. Bringing together scholarship from history and international law, this book provides a lens through which maritime territorial disputes in the South China Sea can be interrogated. Not only does it detail the historical and jurisprudential evidence that support maritime boundaries in the South China Sea for different stakeholders, but it also clarifies some misconceptions related to China's nine-dash lines by referring to the United Nations Convention on the Law of the Sea. Moreover, the book offers in-depth discussion and observation on the most recent developments in the South China Sea. This book is an essential resource for researchers, teachers and students who specialize in Southeast Asian Studies, China maritime studies, and the international law of the sea.

Since the passage of the ASEAN Charter in 2008, ASEAN has transformed itself from a loose economic cooperation, into a formal intergovernmental organization designed to create an "ASEAN Community" forged together in three pillar communities - the ASEAN Political-Security Community, ASEAN Economic Community, and tASEAN Socio-Cultural Community. Forty years of pre-Charter ASEAN practices, coupled with over ten years of post-Charter ASEAN practices thus far, has witnessed the conclusion of hundreds of legally binding regional treaties and similarly binding international instruments in all areas of economic, political-security, and socio-cultural concerns for Southeast Asia to achieve ASEAN's rule of law-based development objective. Pre-Charter and post-Charter ASEAN Law is variably implemented under a hybrid governance system that depends heavily on ASEAN Member State national implementation alongside ASEAN's evolving regional institutions. The result is not a model of deep integration as in the case of the European Union, but a particular paradigm of horizontal embeddedness of ASEAN Law - in all its norms and operational practices - contingent on the capacities and compliance of national government bureaucracies in Southeast Asia. This edited collection is a concise authoritative volume covering the practical, doctrinal, legal, and policy aspects of the new regime of ASEAN Law and its consequences for realizing rule of law-based development in Southeast Asia's emerging single market and production base. Drawing together contributions from a range of key thinkers in the field, the editors present the legal and policy-making issues implicated in the practical implementation of Southeast Asia's single market and its regime for the free movement of goods, services, foreign investment, and cross-border labor. The book also examines the nature of regional law-making under ASEAN before and after the commencement of regional integration in 2015, the nature of ASEAN's economic regulators, as well as the evolving structure for enforcement and harmonization of "ASEAN Law" through the array of Southeast Asian national courts, arbitral tribunals, and incipient mechanisms for inter-State, intra-regional, and individual-State conflict management and dispute resolution. This book is highly relevant to students, scholars, and policy-makers with an interest in ASEAN Law and regional policy, and to Southeast Asian studies in general.

This book presents problems that often arise in the context of international/cross-border insolvencies; analyzes and compares national legislations and jurisprudence; elucidates the solutions offered by international/regional instruments; and explores the differences in the implementation of these instruments by various countries and the consequences of these differences. It examines in detail a number of famous and less famous cases tried by national courts, in which it became readily apparent that insolvency law remains one of the bastions of national law. In addition, the book discusses the notion of transplanting foreign [international] insolvency rules and especially the influence that US insolvency law has exerted on other countries' insolvency [and international insolvency] law. Far from adopting an unrealistically optimistic stance, it soberly examines the complications of cross-border insolvencies, while also presenting potential solutions.

This book aims to take stock of what British membership of the European Union has contributed to British life for the sport sector, allowing us to make some informed guesses about the future, with all the unavoidable caveats. The book will look at different aspects of professional as well as amateur (competitive or recreational) sport, in an attempt to isolate the influence which Europe has exerted on Britain so far. There are no other books on the market like this.

The hunt for beneficial owners is on. Like an elephant, the beneficial owner hides in the jungle of complex legal structures, waiting to be discovered by eager prosecutors. But what lies behind this metaphor? What is a Beneficial Owner? Is beneficial ownership a right? What does this right encompass? What is the value of this right compared to other rights? And if beneficial ownership is not a right, is it still a legally relevant relation? How do courts, namely the U.S. Supreme Court deal with the concept? When do Anglo-American judges and European scholars resort to the concept?

This book approaches these questions from two perspectives: legal fundamentals and the field of U.S. federal Indian law. Both legal theories and case law are scrutinized with the aim to find a better understanding of the basic conception and characteristics of beneficial ownership. Federal Indian law has been chosen for the study of the concrete implications of the beneficial ownership concept in what Roscoe Pound referred to as "the law in action." To some, this choice of legal field might seem somewhat unusual. What answers could federal Indian law possibly offer with regard to pressing questions from the financial industry? As always, there is a short and a long answer. The short answer is that the analysis of an equally sophisticated field of law can open new perspectives on a given field of law. For example, not only potential criminals and tax evaders but also members of an older civilization are beneficial owners. The long answer can be found in this very book."

Not so long ago, class actions were considered to be a textbook example of American exceptionalism; many of their main features were assumed to be incompatible with the culture of the civil law world. However, the tide is changing; while there are now trends in the USA toward limiting or excluding class actions, notorious cases like Dieselgate are moving more and more European jurisdictions to extend the reach of their judicial collective redress mechanisms. For many new fans of class actions, collective redress has become a Holy Grail of sorts, a miraculous tool that will rejuvenate national systems of civil justice and grant them unprecedented power. Still, while the introduction of various forms of representative action has virtually become a fashion, it is anything but certain that attempting to transplant American-style class action will be successful. European judicial structures and legal culture(s) are fundamentally different, which poses a considerable challenge. This book investigates whether class actions in Europe are indeed a Holy Grail or just another wrong turn in the continuing pursuit of just and effective means of protecting the rights of citizens and businesses. It presents both positive and critical perspectives, supplemented by case studies on the latest collectivization trends in Europe's national civil justice systems. The book also shares the experiences of some non-European jurisdictions that have developed promising hybrid forms of collective redress, such as Canada, Brazil, China, and South Africa. In closing, a selection of topical international cases that raise interesting issues regarding the effectiveness of class actions in an international context are studied and discussed.