The evolving information society is creating new economic, cultural and political opportunities. However, it also brings with it new issues and risks, which pose fresh challenges to every legal system. This volume contains articles, written by scholars in pertinent legal fields from all around the world, which analyze and attempt to meet these challenges. The articles contained in this collection present multifaceted intersections of law, information and information technology in the following fields: the emerging legal field of information law; privacy law; intellectual property law; internet law and regulation; stock-market law; authentication of electronic messages and its legal implications.

The interrelation of products, the human body, and the environment presents a fundamental challenge to the international trade regulatory system. In an ever more integrated global market, biotechnology, nanotechnology, and other increasingly prevalent methods of processing food and pharmaceuticals give rise not only to trade issues, but also to health, safety, and security concerns. Product-related cross-border issues such as the spread of disease, the use of riskrelevant substances or components, and safety-related construction issues are increasingly on the agenda for governments and international organizations. A promising response to this challenge - presented in this book - is offered by a harmonization of the multiplicity of rules, standards, guidelines, and recommendations that characterizes the current system of international trade regulation.

At the Third United Nations Conference on the Law of the Sea, the land-locked countries of the world, together with their geographically disadvantaged counterparts, made a determined effort to obtain special recognition in the Law of the Sea Convention. As members of the so-called LLGDS Group, they challenged the position of coastal States in several areas and introduced proposals which are yet to be fully assessed in the literature on the Law of the Sea. Published at a time when many intriguing questions on the Law of the Sea remain the subjects of intense controversy, this book charts the LLGDS effort at the UNCLOS III and critically examines the extent to which the 1982 Convention and the customary law reflects the perspective of the LLGDS Group. It also offers detailed consideration of many key issues in the law and politics of the sea.

In many respects cyberspace has created a new world. The online phenomena encompass social, cultural, economic, and legal facets. Exceeding the present Internet Governance concept the book analyses the normative foundations and guiding principles of a global cyberspace regime that includes the exchange of people, businesses, governments, and other entities. Based on this assessment and philosophical theories the book attempts to outline a model for a general legal framework enshrining key principles of civil society (such as human rights, ethics). The proposed global framework, not in the form of a multilateral treaty but a morally convincing declaration, could then be complemented by additional polycentric regulations with binding effect, developed on the basis of multistakeholder participation in a multi-layer concept.

The impact of United States jurisprudence on air carrier liability involving international air transportation has been so great over many decades that it is not unreasonable to conceive of that body of jurisprudence as the principal source for the interpretation and application of the uniform rules relating to air carrier liability in the international transportation by air of passengers, baggage and cargo, as envisioned by the original drafters of the Warsaw Convention of 1929. Hence, an in-depth analysis of this body of jurisprudence, such as is presented in this indispensable book, constitutes, for all practical purposes, the preeminent treatise on international air transportation liability - all the more so, in that the drafters of the 1999 Montreal Convention (MC99) were determined not to erode in any way this established body of Warsaw Convention jurisprudence when interpreting and applying the 1999 successor instrument, MC99. George Tompkins, a leading authority with world wide recognition on the interpretation and application of international private air law agreements, - and himself among the drafters of MC99 - here lays out the rich fruit of his vast personal experience in handling cases and controversies in the Courts of the United States involving the application of the liability rules of the Warsaw Convention and now MC99. The resulting publication is an essential legal guide for determining and resolving claims governed by one or more of the international law instruments that comprise the Warsaw Liability System, which consists of the 1929 Warsaw Convention, the 1955 Hague Protocol, the 1961 Guadalajara Convention, the 1975 Montreal Protocol No. 4 and various intercarrier agreements (applicable only to claims involving passenger death or bodily injury governed by the Warsaw Convention) all now superseded and governed by MC99. Among the multitude of topics covered in depth, users of this book will find the following: ‒ When the liability rules of MC99 or one of the predecessor Warsaw Liability System instruments is applicable to a claim; ‒ What triggers liability under the applicable instrument; ‒ Who can make a claim against the air carrier; ‒ Who can file a legal action for damages; ‒ Where the action must be brought--Jurisdiction; ‒ When the action must be brought-Limitations period; ‒ What law applies in determining the recoverable damages; ‒ Limitations on recoverable damages; ‒ The accepted definitions of key terms in the Convention Rules, such as carrierA", accidentA", bodily injuryA", operations of embarking disembarkingA", destinationA"; ‒ The treatment of mental injury claims; ‒ Liability for delay; ‒ Defenses available to the carrier; ‒ Willful misconduct of the carrier. The author explains the required particulars for establishing the liability of the air carrier in detail under a wide variety of circumstances, and clearly defines all terms - especially such contentious terms as 'willful misconduct,' 'accident', 'bodily injury', 'embarking', 'disembarking' 'destination' - as their applicability varies under successive conventions and protocols as interpreted and applied in years of court decisions. As a thorough summary and critique of the interpretation and application of the 70-year body of Warsaw Convention jurisprudence, this unmatched publication provides a convenient one-volume basis for the development of a body of MC99 jurisprudence. It also is an incomparable practical guide for the use and benefit of everyone involved in the practice or study of international private air law, including lawyers, airline in-house counsel, international aviation organizations, aviation liability insurers and re-insurers, aviation insurance brokers, aviation-related departments of national governments, judges, law clerks, students and teachers.

This book embarks on a discussion of rulemaking in air transport, its processes and legalities, starting with a deconstruction of work carried out at the time of writing in various fields of air transport by the International Civil Aviation Organization (ICAO) which should be at the apex of rulemaking. This initial discussion, which demonstrates the weakness of rulemaking in the air transport field for lack of direction, purpose and structure in the development of authoritative rules and regulations that should serve as compelling directives from the main organization responsible for aviation, leads to an evaluation of the fundamental principles of rulemaking in ICAO, the Federal Aviation Administration (FAA) of the United States and the European Commission (EC).

In Climate Change and International Shipping: The Regulatory Framework for the Reduction of Greenhouse Gas Emissions, Yubing Shi provides ground-breaking analyses of the evolving regulatory framework for the reduction of greenhouse gas emissions from international shipping. This book examines the applicability of international environmental law principles to the reduction of greenhouse gas emissions from ships and assesses the responses of the key stakeholders to the challenge of regulation. Based on these in-depth analyses, Shi identifies key gaps in the current regulatory framework for the reduction of greenhouse gas emissions from international shipping, and proposes options for legal and institutional reforms to improve the system in place.

Changing vessel technology presents a major challenge to shipping manufacturers. A change in vessel design can require major modifications of port facilities, information systems, and marketing techniques. While shippers must be ready to make changes in order to be competitive, they must be careful to choose technology that can be successfully and economically implemented in their market environment.

This volume examines the vessel technology issues that shipping companies are confronting. Case studies are presented for liner shipping, liquid and dry bulk shipping, and the ship-port interface. The cases, based on actual industry situations, explore management's options with and decisions on essential aspects of changing vessel technology. Specific technologies are described along with their economic, regulatory, and political implications.

The exploitation of natural resources of the moon and other celestial bodies represents one of the most fascinating developments in the fields of space law and space related activities. The mining and use of extraterrestrial mineral resources may not only contribute to the betterment of conditions of people on earth but may also enable the realization of projects such as those envisaging a permanent human presence on the surface of the moon and other celestial bodies. The exploitation of lunar and other celestial bodies resources, however, requires an appropriate legal framework for it to develop in an orderly and peaceful manner, taking into consideration also such broader public concerns as regards security, safety and the environment. The current legal regime regulating activities in outer space lacks the required specific rules to govern the extraction and use of natural resources of the moon and other celestial bodies once being removed from their original location. This book tries to fill this gap by proposing a legal regime aimed at regulating the mining and exploitation of extraterrestrial natural resources for commercial purposes.

This book evaluates the application of the first autonomous European civil procedures: the European Order for Payment and the European Small Claims Procedure. The study offers an in-depth comparative and empirical analysis of the way these instruments function in interaction with national procedures in England and Wales, France, Italy, and Romania. The analysis combines available statistics with European and national case law, together with practitioners' experience. This approach provides a comprehensive understanding of the difficulties encountered, and of the solutions chosen to overcome procedural intricacies and to secure parties' procedural rights. The findings create a solid basis for enhancing judicial cooperation and addressing the practical aspects related to the application of the procedures. In its conclusion, the book discusses the ongoing developments taking shape in this area, and reflects on the implications that the legal standards established by the European uniform procedures have for future developments. The book is of particular relevance for practitioners and courts applying the European Order for Payment and the European Small Claims Procedures; for European and national legislators, and policymakers working in this field; and for scholars interested in European civil procedure.