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Books > Law > Laws of other jurisdictions & general law
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.
The concept of supranational European citizenship has become one of
the core concepts of the EU?s unique polity. It has, however, been
one of the most difficult to actualise. This book examines the
challenges of, and barriers to, exercising full citizenship rights
for European citizens and considers how they might best be
overcome. Drawing on cutting-edge research from interdisciplinary
areas of study, this book examines the key issues surrounding EU
citizenship. Reflecting on the diversity of European societies, it
identifies, analyses and compares the many barriers that citizens
face to fully exercising their rights. With chapters examining key
issues from migration to democratic governance and social rights,
Moving Beyond Barriers critically analyzes concepts of citizenship
and the way that EU citizenship is politically, legally,
economically and socially institutionalised, and elaborates
alternatives to the current paths of realising EU citizenship.
Citizenship issues feature prominently in the European
policy-making agenda and the insights offered by this book will be
of benefit to those with an interest in EU law, social and public
policy and administration. Policy-makers and practitioners will
also benefit from the reflections on citizenship and the practical
guidance on how to move beyond current issues regarding EU
citizenship. Contributors include: B. Anderson, W. Bakker, V.
Baricevic, F. Cheneval, S. de Vries, D. di Micco, O. Eberl, M.
Ferrin, M.-P. Granger, M. Hoogenboom, E. Ioriatti, T. Knijn, N.
Kosti, D. Levi-Faur, M. Naldini, M. Prak, E. Pulice, M.
Seeleib-Kaiser, S. Seubert, I. Shutes, M. van der Kolk, F. van
Waarden, S. Walker, P. Wallis
This book examines the interconnections between artificial
intelligence, data governance and private law rules with a
comparative focus on selected jurisdictions in the Asia-Pacific
region. The chapters discuss the myriad challenges of translating
and adapting theory, doctrines and concepts to practice in the
Asia-Pacific region given their differing circumstances, challenges
and national interests. The contributors are legal experts from the
UK, Israel, Korea, and Singapore with extensive academic and
practical experience. The essays in this collection cover a wide
range of topics, including data protection and governance, data
trusts, information fiduciaries, medical AI, the regulation of
autonomous vehicles, the use of blockchain technology in land
administration, the regulation of digital assets and contract
formation issues arising from AI applications. The book will be of
interest to members of the judiciary, policy makers and academics
who specialise in AI, data governance and/or private law or who
work at the intersection of these three areas, as well as legal
technologists and practising lawyers in the Asia-Pacific, the UK
and the US.
The intangible capitalist economy, that is intellectual capitalism,
continues evolving, driven by technological innovations and various
forms of entrepreneurship. The creation of intellectual capital and
intellectual properties lies at its heart. This eagerly anticipated
book analyzes the many complex links between R&D, patents,
innovations, entrepreneurship, growth and value creation in this
process. Based on an extensive array of national empirical and
policy studies, Ove Granstrand explores a comprehensive range of
innovation and intellectual property (IP) issues that pertain not
only to Europe but to the entire world. These issues include the
role of patents and licensing in the governance of technology and
innovation, and the many uses and abuses of patents. The text also
details new IP phenomena in an increasingly patent-intensive world
with patent-rich multinationals and patent-savvy new entrants from
Asia. In a world facing challenges that call for innovative
responses, this book contains a set of valuable policy
recommendations for strengthening innovativeness for economic
growth and ultimately for social value creation. This timely book
will be a valuable resource for economics, law and management
scholars wishing to gain a thorough understanding of the topic.
Practitioners and policy-makers will also greatly benefit from
reading this volume, following up on the author's widely acclaimed
book published in 1999 The Economics and Management of Intellectual
Property: Towards Intellectual Capitalism.
This accessible and innovative textbook adopts a practical,
transactions-centered approach to contract law by using contract
clauses to explain doctrinal concepts. While reading this book,
students will gain a working knowledge of important contract
provisions and learn how to use contracts to prevent problems,
reduce risks, and add value to transactions. This textbook contains
unique features including reflection prompts, case highlights, and
''applying what you learned'' exercises to reinforce learning and
help students gain essential transactional skills. Law professor
and contracts expert Nancy Kim focuses on litigation prevention
with a problem-solving approach. She offers helpful tips to avoid
potential pitfalls in drafting contracts and provides explanations
for common contract clauses and their meanings. Access to a digital
teacher's manual is available upon purchase of the book. The
Fundamentals of Contract Law and Clauses will be an invaluable
resource for both law and business students, specifically in
contracts, commercial law, business law and other
transactions-oriented classes. Contents: PART I INTRODUCTION PART
II A ROADMAP TO A CONTRACT 1. The Purpose of a Contract and
Contract Clauses 2. The Anatomy of a Contract 3. A Very Brief
Overview of Contract Law PART III CONTRACT CLAUSES AND CONTRACT
DOCTRINE 4. Common Contract Clauses Involving Contract Formation 5.
Contract Clauses and Contract Enforceability 6. Contract Clauses
and Issues Related to Performance and Breach 7. Contract Clauses
and Parties Other Than the Original Parties to the Contract 8.
Contract Clauses Addressing Remedies Index
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.
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.
In the face of the failure of the traditional 'command and control'
model of environmental regulation to curb the devastating losses of
biodiversity around the world, policymakers are increasingly
seeking new approaches to deal with this complex interdisciplinary
issue. The Privatisation of Biodiversity? provides a timely
contribution to this debate by exploring the legal aspects and the
scope to strengthen conservation through these reforms. Colin Reid
and Walters Nsoh draw on literature well beyond legal sources,
particularly from ecology, environmental economics, and philosophy
to reach a number of pragmatic conclusions on the issues discussed.
The new approaches explored include payment for ecosystem services,
biodiversity offsetting and conservation covenants, as well as
taxation and impact fees. Such mechanisms introduce elements of a
market approach as well as private sector initiative and resources.
This book considers both the practical and ethical aspects of the
regulatory choices available to identify the potential and
limitations of an increasingly market-based regime. Bringing
clarity and coherence to a complex issue, this book will act as a
useful tool for environmental and public law scholars as well as
other academics in a range of fields interested in biodiversity
conservation. It will also provide valuable insight for
policymakers, legal practitioners involved in planning,
environmental and agricultural matters, public bodies with
responsibility for conservation, landowners, managers and
developers, individuals and NGOs dedicated to biodiversity, and
students of nature conservation interested in exploring new
mechanisms for achieving their objectives.
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