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This Research Handbook inspires a new vision of contracts, with
practical illustrations of how they should be designed, rather than
just drafted. The contributors offer a proactive approach, merged
with innovative design, to show how contracts can be both
user-friendly and legally functional. This ground-breaking work
goes beyond the initial drafting and formation of contracts to
cover implementation and integration with business infrastructure -
including digital processes. Drawing on a multi-disciplinary
perspective, it highlights all aspects of the contract lifecycle,
using both theoretical and practical scenarios. As well as improved
design and communication, the Handbook takes a creative view of the
role of emerging technologies, including AI, and how they can
increase contract functionality and visualisation. The goals are
simplification, clarity about rights and obligations, and the
prevention of unnecessary legal problems. Providing an up-to-date
analysis of current trends in contract design thinking and
practice, this Handbook will be an excellent resource for contract
and legal professionals, scholars and practitioners. Entrepreneurs,
procurement and sales managers, information designers and
technologists will also find the forward-thinking, human-centred
approach in this book illuminating and informative.
This book focuses on Fintech regulation in Asian, situating local
developments in broader economic, regulatory and technological
contexts. Over the last decade, Fintech - broadly defined as the
use of new information technologies to help financial institutions
and intermediaries compete in the marketplace - has disrupted the
financial services sector. Like other 21st century technological
developments, Fintech is a global phenomenon that plays out in
local economic, political and regulatory contexts, and this dynamic
interplay between global trends and local circumstances has created
a complex and fast-changing landscape. Diverse stakeholders (most
obviously incumbent financial service providers, tech start-ups and
regulators) all pursue a competitive edge against a background of
profound uncertainty about the future direction and possible
effects of multiple emerging technologies. Compounding these
difficulties are uncertainties surrounding regulatory responses.
Policymakers often struggle to identify appropriate regulatory
responses and increasingly turn to policy experimentation. Such
issues add to the challenges for the various actors operating in
the Fintech space. This situation is particularly fluid in Asia,
since many jurisdictions are seeking to establish themselves as a
regional hub for new financial services.
This book focuses on Fintech regulation in Asian, situating local
developments in broader economic, regulatory and technological
contexts. Over the last decade, Fintech - broadly defined as the
use of new information technologies to help financial institutions
and intermediaries compete in the marketplace - has disrupted the
financial services sector. Like other 21st century technological
developments, Fintech is a global phenomenon that plays out in
local economic, political and regulatory contexts, and this dynamic
interplay between global trends and local circumstances has created
a complex and fast-changing landscape. Diverse stakeholders (most
obviously incumbent financial service providers, tech start-ups and
regulators) all pursue a competitive edge against a background of
profound uncertainty about the future direction and possible
effects of multiple emerging technologies. Compounding these
difficulties are uncertainties surrounding regulatory responses.
Policymakers often struggle to identify appropriate regulatory
responses and increasingly turn to policy experimentation. Such
issues add to the challenges for the various actors operating in
the Fintech space. This situation is particularly fluid in Asia,
since many jurisdictions are seeking to establish themselves as a
regional hub for new financial services.
There is a broad consensus amongst law firms and in-house legal
departments that next generation "Legal Tech" - particularly in the
form of Blockchain-based technologies and Smart Contracts - will
have a profound impact on the future operations of all legal
service providers. Legal Tech startups are already revolutionizing
the legal industry by increasing the speed and efficiency of
traditional legal services or replacing them altogether with new
technologies. This on-going process of disruption within the legal
profession offers significant opportunities for all business.
However, it also poses a number of challenges for practitioners,
trade associations, technology vendors, and regulators who often
struggle to keep up with the technologies, resulting in a widening
regulatory "gap." Many uncertainties remain regarding the scope,
direction, and effects of these new technologies and their
integration with existing practices and legacy systems. Adding to
the challenges is the growing need for easy-to-use contracting
solutions, on the one hand, and for protecting the users of such
solutions, on the other. To respond to the challenges and to
provide better legal communications, systems, and services Legal
Tech scholars and practitioners have found allies in the emerging
field of Legal Design. This collection brings together leading
scholars and practitioners working on these issues from diverse
jurisdictions. The aim is to introduce Blockchain and Smart
Contract technologies, and to examine their on-going impact on the
legal profession, business and regulators.
This edited collection brings together a series of
interdisciplinary contributions in the field of Information
Technology Law. The topics addressed in this book cover a wide
range of theoretical and practical legal issues that have been
created by cutting-edge Internet technologies, primarily Big Data,
the Internet of Things, and Cloud computing. Consideration is also
given to more recent technological breakthroughs that are now used
to assist, and - at times - substitute for, human work, such as
automation, robots, sensors, and algorithms. The chapters presented
in this edition address these issues from the perspective of
different legal backgrounds. The first part of the book discusses
some of the shortcomings that have prompted legislators to carry
out reforms with regard to privacy, data protection, and data
security. Notably, some of the complexities and salient points with
regard to the new European General Data Protection Regulation (EU
GDPR) and the new amendments to the Japan's Personal Information
Protection Act (PIPA) have been scrutinized. The second part looks
at the vital role of Internet intermediaries (or brokers) for the
proper functioning of the globalized electronic market and
innovation technologies in general. The third part examines an
electronic approach to evidence with an evaluation of how these
technologies affect civil and criminal investigations. The authors
also explore issues that have emerged in e-commerce, such as
Bitcoin and its blockchain network effects. The book aims to
explain, systemize and solve some of the lingering legal questions
created by the disruptive technological change that characterizes
the early twenty-first century.
Artificial intelligence and related technologies are changing both
the law and the legal profession. In particular, technological
advances in fields ranging from machine learning to more advanced
robots, including sensors, virtual realities, algorithms, bots,
drones, self-driving cars, and more sophisticated "human-like"
robots are creating new and previously unimagined challenges for
regulators. These advances also give rise to new opportunities for
legal professionals to make efficiency gains in the delivery of
legal services. With the exponential growth of such technologies,
radical disruption seems likely to accelerate in the near future.
This collection brings together a series of contributions by
leading scholars in the newly emerging field of artificial
intelligence, robotics, and the law. The aim of the book is to
enrich legal debates on the social meaning and impact of this type
of technology. The distinctive feature of the contributions
presented in this edition is that they address the impact of these
technological developments in a number of different fields of law
and from the perspective of diverse jurisdictions. Moreover, the
authors utilize insights from multiple related disciplines, in
particular social theory and philosophy, in order to better
understand and address the legal challenges created by AI.
Therefore, the book will contribute to interdisciplinary debates on
disruptive new AI technologies and the law.
This book addresses issues concerning the shifting contemporary
meaning of legal certainty. The book focuses on exploring the
emerging tensions that exist between the demand for legal certainty
and the challenges of regulating complex, late modern societies.
The book is divided into two parts: the first part focusing on
debates around legal certainty at the national level, with a
primary emphasis on criminal law; and the second part focusing on
debates at the transnational level, with a primary emphasis on the
regulation of transnational commercial transactions. In the context
of legal modernity, the principle of legal certainty-the idea that
the law must be sufficiently clear to provide those subject to
legal norms with the means to regulate their own conduct and to
protect against the arbitrary use of public power-has operated as a
foundational rule of law value. Even though it has not always been
fully realized, legal certainty has functioned as a core value and
aspiration that has structured normative debates throughout
political modernity, both at a national and international level. In
recent decades, however, legal certainty has come under increasing
pressure from a number of competing demands that are made of
contemporary law, in particular the demand that the law be more
flexible and responsive to a social environment characterized by
rapid social and technological change. The expectation that the law
operates in new transnational contexts and regulates every widening
sphere of social life has created a new degree of uncertainty, and
this change raises difficult questions regarding both the
possibility and desirability of legal certainty. This book
compiles, in one edited volume, research from a range of
substantive areas of civil and criminal law that shares a common
interest in understanding the multi-layered challenges of defining
legal certainty in a late modern society. The book will be of
interest both to lawyers interested in understanding the
transformation of core rule of law values in the context of
contemporary social change and to political scientists and social
theorists.
This book brings together a number of contributions examining how
changes associated with economic globalization have contributed to
the creation of new pressures on, and expectations of, those fields
of law connected to the regulation of cross-border commercial
transactions. These new demands of law - in particular, that it be
more agile or "flexible" in regulating the economy - have prompted
lawmakers and regulators in multiple jurisdictions to adopt a range
of new regulatory techniques and legal forms to respond to this
challenge. In many cases, these adaptations in law have entailed
compromising traditional legal principles, such as legal certainty,
in favor of empowering regulators with greater discretion than has
traditionally been permitted in modern law. This change raises
important questions about the meaning of fairness (certainty or
flexibility), as well as the relationship between the public and
private good.
This edited collection brings together a series of
interdisciplinary contributions in the field of Information
Technology Law. The topics addressed in this book cover a wide
range of theoretical and practical legal issues that have been
created by cutting-edge Internet technologies, primarily Big Data,
the Internet of Things, and Cloud computing. Consideration is also
given to more recent technological breakthroughs that are now used
to assist, and - at times - substitute for, human work, such as
automation, robots, sensors, and algorithms. The chapters presented
in this edition address these issues from the perspective of
different legal backgrounds. The first part of the book discusses
some of the shortcomings that have prompted legislators to carry
out reforms with regard to privacy, data protection, and data
security. Notably, some of the complexities and salient points with
regard to the new European General Data Protection Regulation (EU
GDPR) and the new amendments to the Japan's Personal Information
Protection Act (PIPA) have been scrutinized. The second part looks
at the vital role of Internet intermediaries (or brokers) for the
proper functioning of the globalized electronic market and
innovation technologies in general. The third part examines an
electronic approach to evidence with an evaluation of how these
technologies affect civil and criminal investigations. The authors
also explore issues that have emerged in e-commerce, such as
Bitcoin and its blockchain network effects. The book aims to
explain, systemize and solve some of the lingering legal questions
created by the disruptive technological change that characterizes
the early twenty-first century.
This book brings together a unique range of case studies focusing
on networks in the context of business regulation. The case studies
form the basis for an interdisciplinary dialogue on the meaning,
value and the limits of the 'network concept' as a tool for
understanding and critically evaluating the emergent transnational
legal order.
This book addresses issues concerning the shifting contemporary
meaning of legal certainty. The book focuses on exploring the
emerging tensions that exist between the demand for legal certainty
and the challenges of regulating complex, late modern societies.
The book is divided into two parts: the first part focusing on
debates around legal certainty at the national level, with a
primary emphasis on criminal law; and the second part focusing on
debates at the transnational level, with a primary emphasis on the
regulation of transnational commercial transactions. In the context
of legal modernity, the principle of legal certainty-the idea that
the law must be sufficiently clear to provide those subject to
legal norms with the means to regulate their own conduct and to
protect against the arbitrary use of public power-has operated as a
foundational rule of law value. Even though it has not always been
fully realized, legal certainty has functioned as a core value and
aspiration that has structured normative debates throughout
political modernity, both at a national and international level. In
recent decades, however, legal certainty has come under increasing
pressure from a number of competing demands that are made of
contemporary law, in particular the demand that the law be more
flexible and responsive to a social environment characterized by
rapid social and technological change. The expectation that the law
operates in new transnational contexts and regulates every widening
sphere of social life has created a new degree of uncertainty, and
this change raises difficult questions regarding both the
possibility and desirability of legal certainty. This book
compiles, in one edited volume, research from a range of
substantive areas of civil and criminal law that shares a common
interest in understanding the multi-layered challenges of defining
legal certainty in a late modern society. The book will be of
interest both to lawyers interested in understanding the
transformation of core rule of law values in the context of
contemporary social change and to political scientists and social
theorists.
This book brings together a number of contributions examining how
changes associated with economic globalization have contributed to
the creation of new pressures on, and expectations of, those fields
of law connected to the regulation of cross-border commercial
transactions. These new demands of law - in particular, that it be
more agile or "flexible" in regulating the economy - have prompted
lawmakers and regulators in multiple jurisdictions to adopt a range
of new regulatory techniques and legal forms to respond to this
challenge. In many cases, these adaptations in law have entailed
compromising traditional legal principles, such as legal certainty,
in favor of empowering regulators with greater discretion than has
traditionally been permitted in modern law. This change raises
important questions about the meaning of fairness (certainty or
flexibility), as well as the relationship between the public and
private good.
This book brings together a unique range of case studies
focusing on networks in the context of business regulation. The
case studies form the basis for an interdisciplinary dialogue on
the meaning, value and the limits of the 'network concept' as a
tool for understanding and critically evaluating the emergent
transnational legal order.
This book argues that large corporations need to implement
governance practices and processes that make them better innovators
and that the challenge is to identify organizational principles and
practices that provide the best chance of delivering innovative
products to create a meaningful consumer experience. In this
context, it is important to recognize that when we address
organizational forms, we are not thinking of corporate governance
in the sense of managing agency costs and ensuring regulatory
compliance, but the more pressing business task of putting in place
organizational systems and processes that facilitate value creation
through continued and sustained innovation. The book examines how
the contemporary concept and discourse of corporate governance may
be obsolete or, at least, is increasingly disconnected from the
needs and realities of the most innovative firms today. The concept
of organizing for innovation-identifying process and practices that
deliver the best opportunities for innovation-needs to take centre
stage. This book aims to contribute to the nascent debate in this
area by bringing together a series of chapters that examine various
issues related to organizing for innovation.
The emergence of digital platforms and the new application economy
are transforming healthcare and creating new opportunities and
risks for all stakeholders in the medical ecosystem. Many of these
developments rely heavily on data and AI algorithms to prevent,
diagnose, treat, and monitor diseases and other health conditions.
A broad range of medical, ethical and legal knowledge is now
required to navigate this highly complex and fast-changing space.
This collection brings together scholars from medicine and law, but
also ethics, management, philosophy, and computer science, to
examine current and future technological, policy and regulatory
issues. In particular, the book addresses the challenge of
integrating data protection and privacy concerns into the design of
emerging healthcare products and services. With a number of
comparative case studies, the book offers a high-level, global, and
interdisciplinary perspective on the normative and policy dilemmas
raised by the proliferation of information technologies in a
healthcare context.
This book provides an accessible introduction to selected new
issues in transnational law, and connects them to existing
theoretical debates on transnational business regulation. More
specifically, (i) it introduces the argument about the evolving
character of contemporary international business regulation; (ii)
it provides an overview of some of the main fields of law that are
currently important for firms that operate across borders; and
(iii) it sets out an interpretive framework for making sense of
disparate developments occurring across a number of jurisdictions,
among which are the form of regulation and style of enforcement,
issues of legal certainty, and behavioural aspects of regulation.
The selected topics are indicative of some key issues confronting
businesses looking to operate across national borders, as well as
policy makers seeking to introduce and enforce meaningful
regulatory standards in an increasingly global society. Topics
include: consumer law; product liability; warranty law and
obsolescence; collective redress; alternative dispute resolution;
corporate wrongdoing; corporate governance; and e-commerce. This
timely work offers a novel perspective on transnational business
law and examines a range of legal issues that preoccupy companies
operating transnationally. This book is intended not only for law
students looking for an introduction, overview or commentary on the
contemporary state of international business law, but also for
anyone looking for an introduction to the regulation of business in
a global, inter-connected economy.
In response to cartel formation, competition lawyers and
policymakers in nine Asian jurisdictions have experimented with
leniency programmes. This mechanism allows firms to come forward
with information in relation to their illegal cartel participation
in return for a reduction of or immunity from a sanction. The
experimentation plays out across three different dimensions: the
revision of early adopted leniency programmes, the introduction of
newly written leniency programmes, and the decision - deliberate or
otherwise - not to create a leniency programme. This volume is the
first to analyse the empirical evidence across a number of
countries to determine how effective these measures have been, and
how they have been amended in response to problems encountered. In
this volume, local experts from key Asian jurisdictions, together
with international experts, offer an introduction to this
fast-developing field, and explore the theoretical, international
and regulatory contexts of leniency programmes.
This book brings together a series of contributions by leading
scholars and practitioners to examine the main features of smart
contracts, as well as the response of key stakeholders in
technology, business, government and the law. It explores how this
new technology interfaces with the goals and content of contract
law, introducing and evaluating several mechanisms to improve the
'observability' and reduce the costs of verifying contractual
obligations and performance. It also outlines various 'design
patterns' that ensure that end users are protected from themselves,
prevent cognitive accidents, and translate expectations and values
into more user-oriented agreements. Furthermore, the chapters map
the new risks associated with smart contracts, particularly for
consumers, and consider how they might be alleviated. The book also
discusses the challenge of integrating data protection and privacy
concerns into the design of these agreements and the broad range of
legal knowledge and skills required. The case for using smart
contracts goes beyond 'contracts' narrowly defined, and they are
increasingly used to disrupt traditional models of business
organisation. The book discusses so-called decentralised autonomous
organisations and decentralised finance as illustrations of this
trend. This book is designed for those interested in looking to
deepen their understanding of this game-changing new legal
technology.
This book brings together a series of contributions by leading
scholars and practitioners to examine the main features of smart
contracts, as well as the response of key stakeholders in
technology, business, government and the law. It explores how this
new technology interfaces with the goals and content of contract
law, introducing and evaluating several mechanisms to improve the
'observability' and reduce the costs of verifying contractual
obligations and performance. It also outlines various 'design
patterns' that ensure that end users are protected from themselves,
prevent cognitive accidents, and translate expectations and values
into more user-oriented agreements. Furthermore, the chapters map
the new risks associated with smart contracts, particularly for
consumers, and consider how they might be alleviated. The book also
discusses the challenge of integrating data protection and privacy
concerns into the design of these agreements and the broad range of
legal knowledge and skills required. The case for using smart
contracts goes beyond 'contracts' narrowly defined, and they are
increasingly used to disrupt traditional models of business
organisation. The book discusses so-called decentralised autonomous
organisations and decentralised finance as illustrations of this
trend. This book is designed for those interested in looking to
deepen their understanding of this game-changing new legal
technology.
The principle of legal certainty is of fundamental importance for
law and society: it has been vital in stabilising normative
expectations and in providing a framework for social interaction,
as well as defining the scope of individual freedom and political
power. Even though it has not always been fully realised, legal
certainty has also functioned as a normative ideal that has
structured legal debates, both at the national and transnational
level. This book presents research from a range of substantive
areas regarding the meaning, possibility and desirability of legal
certainty in the context of a rapidly changing global society. It
aims to address these issues by bringing together scholars from
various jurisdictions in order to examine changes in the shifting
meaning of legal certainty in a comparative and transnational
context. In particular, the book explores some of the tensions that
now exist between the conventional expectation of legal certainty
and the various challenges associated with regulating highly
complex, late modern economies and societies. The book will be of
interest to lawyers concerned with understanding the transformation
of core rule of law values in the context of contemporary social
change, as well as to political scientists and social theorists.
The principle of legal certainty is of fundamental importance for
law and society: it has been vital in stabilising normative
expectations and in providing a framework for social interaction,
as well as defining the scope of individual freedom and political
power. Even though it has not always been fully realised, legal
certainty has also functioned as a normative ideal that has
structured legal debates, both at the national and transnational
level. This book presents research from a range of substantive
areas regarding the meaning, possibility and desirability of legal
certainty in the context of a rapidly changing global society. It
aims to address these issues by bringing together scholars from
various jurisdictions in order to examine changes in the shifting
meaning of legal certainty in a comparative and transnational
context. In particular, the book explores some of the tensions that
now exist between the conventional expectation of legal certainty
and the various challenges associated with regulating highly
complex, late modern economies and societies. The book will be of
interest to lawyers concerned with understanding the transformation
of core rule of law values in the context of contemporary social
change, as well as to political scientists and social theorists.
Prior to European arrival in New Zealand, fishing was a significant
component of M?ori subsistence. The abundant fish stocks provided a
rich and readily available resource, with methods of procuring fish
based on careful observations of generations of fishers.
Supplemented by shellfish and birds, the fish stocks were
sufficient to provide adequate food supplies, except when seasonal
periods of adverse weather prevented harvesting. M?ori fished
efficiently and sustainably utilizing nets (some over a mile long),
traps, pots, spears, and lures, as well as hooks made of wood,
bone, shell or stone that were as effective as any modern steel
hook. The surplus catch was prepared and stored for later
consumption. In the late 1700s, European sealers and whalers traded
with M?ori, often using metal tools as barter. The superiority of
metal for working implements soon became apparent to M?ori, who
rapidly discarded their traditional tools. By the late 19th century
these tools were less evident; however, artefacts were being made
by both M?ori and Europeans to meet the demand from tourists and
collectors. Changes in M?ori lifestyles associated with the
increasing availability of European agricultural cultivars and
domestic animals, as well as urbanization, led to a decline in
M?ori fishing activity. Another impact of colonization was the loss
of indigenous knowledge (m?tauranga) surrounding fish-hook design
and use. Present-day interpretation of traditional tools including
the rotating M?ori fishhook design has influenced the custom of
wearing hei matau (stylized fish-hooks) as personal adornment.
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