Komparativ ret

This book advances a theory of a child's right to decisional privacy. It addresses a significant gap in understanding the interconnections between privacy, family law and children's rights, and contextualises the theory through judicial proceedings concerning medical treatment for children experiencing gender dysphoria.

This new book in the Constitutionalism in Asia series considers the idea of origins, and of change and continuity in terms of 'constitution-making', which is an on-going process in the Northeast Asian states.The book examines the drafting, nature, core values, and roles of the first modern constitutions during the founding of the 8 modern states/territories in Northeast Asia: China (1949), Taiwan (1947), Hong Kong SAR (1997), Macau SAR (1999), Japan (1889), North Korea (1948 and 1972), South Korea (1948), and Mongolia (1924).The collection provides:- an exploratory description of the process and substantive inputs in the making of the first constitutions of these nations/territories;- analysis of the internal and external (including intra-regional) forces surrounding the making of these constitutions; and- theoretical construction of models to conceptualise the nature and role of the first constitutions (including constituent documents) in the founding of the modern nation-states/territories and their subsequent impact on state-building in the region.

Kaspar Krolop untersucht Covenants bei unbesicherten Darlehen, Genussrechten und weiteren Formen hybriden Kapitals. Diese unter dem Begriff "Risikokapital auf schuldrechtlicher Grundlage" zusammengefassten Vertragsgestaltungen sind ein Anwendungsbeispiel für transnationales Private Ordering durch komplexe Verträge mit Organisationselementen. Ein Fokus der Arbeit liegt auf der rechtlichen Einordnung dieses Phänomens mit Folgerungen für die Abgrenzung von Vertrag und Verband unter Berücksichtigung der Implikationen für die Corporate Governance der zu finanzierenden Gesellschaft. Dabei spannt er den Bogen von vertragsrechtlichen Grundlagen und Erkenntnissen der Institutionenökonomik über gesellschafts-, kollisions- und europarechtliche Fragen bei der Verzahnung von deutschem Verbandsrecht mit ausländischem Recht unterliegenden Verträgen bis hin zu den konkreten Haftungsfragen im Vertrags-, Gesellschafts- und Insolvenzrecht. Der Autor entwickelt dabei ein international und interdisziplinär anschlussfähiges Einordnungsraster für schuldrechtliche Verträge mit Organisationselementen im Grenzbereich zwischen Austauschvertrag und Verband. Darüber hinaus bietet die Arbeit der Kautelarpraxis Orientierung im Hinblick auf die Möglichkeiten und Grenzen der Gestaltungsfreiheit bei Finanzierungsinstrumenten auf schuldrechtlicher Grundlage sowie mit diesen einhergehenden Haftungsrisiken.

On behalf of Professor Hugh Brady, Director and Senior Fellow, The Flag Research Center at the University of Texas School of Law, "e;Flags, Color, and the Legal Narrative: Public Memory, Identity, and Critique (Springer 2021) has been selected as the recipient of our Gherardi Davis Prize is presented for a significant contribution to vexillological research for the year 2021. This work was selected because of its breadth and depth in examining flags as meaningful transmitters of significant symbolic information concerning the origins, culture, self-image, and values of a society. We believe it represents a signal achievement in the study of flags that sets a new standard for research in the field."e;  The Flag Research Center, founded in 1962, is dedicated to furthering knowledge and advancing understanding of the human need to create and use symbols to express political, cultural, and social ideals through flags and flag-related material culture. The book deals with the identification of "e;identity"e; based on culturally specific color codes and images that conceal assumptions about members of a people comprising a nation, or a people within a nation. Flags narrate constructions of belonging that become tethered to negotiations for power and resistance over time and throughout a people's history. Bennet (2005) defines identity as "e;the imagined sameness of a person or social group at all times and in all circumstances"e;. While such likeness may be imagined or even perpetuated, the idea of sameness may be socially, politically, culturally, and historically contested to reveal competing pasts and presents. Visually evocative and ideologically representative, flags are recognized symbols fusing color with meaning that prescribe a story of unity. Yet, through semiotic confrontation, there may be different paths leading to different truths and applications of significance. Knowing this and their function, the book investigates these transmitted values over time and space. Indeed, flags may have evolved in key historical periods, but contemporaneously transpire in a variety of ways. The book investigates these transmitted values: Which values are being transmitted? Have their colors evolved through space and time? Is there a shift in cultural and/or collective meaning from one space to another? What are their sources? What is the relationship between law and flags in their visual representations? What is the shared collective and/or cultural memory beyond this visual representation? Considering the complexity and diversity in the building of a common memory with flags, the book interrogates the complex color-coded sign system of particular flags and their meanings attentive to a complex configuration of historical, social and cultural conditions that shift over time.Advance Praise for Flags, Color, and the Legal Narrative"e;In an epoch of fragmentation, isolation and resurgent nationalism, the flag is waved but often forgotten. The flag, its colors, narratives, shape and denotations go without saying. The red flag over China, the Star-Spangled Banner, the Tricolore are instantly recognisable and over determined, representing a people, a nation, a culture, languages, legacies, leaders. In this fabulous volume flags are revealed as concentrated, complex, chromatic assemblages of people, place and power in and through time. It is in bringing a multifocal awareness of the modes and meanings of flag and color in public representations that is particular strength. Editors Anne Wagner and Sarah Marusek have gathered critical thinkers from the North and South, East and West, to help know the essential and central - yet often forgotten and not seen - work of flags and color in narratives of nation, conflict, struggle and law. A kaleidoscopic contribution to the burgeoning field of visual jurisprudence, this volume is essential to comprehending the ocular machinery through which power makes, and is seen to make, the world."e;Kieran Tranter, Chair of Law, Technology and Future, Faculty of Law, Queensland University of Technology, Australia"e;This comprehensive volume of essays could not be arriving at a more opportune time. The combined forces of climate change, inequality, and pandemic are causing instability and painful recognitions of our collective uncertainties about nationhood and globalism. In the United States, where I am writing these few lines, our traditional red/white/blue flag has been collapsed into two colors: Red and Blue. While these colors have semiotically deep texts, the division of the country into these two colors began with television stations designing how to report the vote count in the 2000 presidential election year creating "e;red"e; and "e;blue"e; parties and states. The colors stuck and have become customary. We Americans are told all the time by pundits that we are a deeply divided nation, as proven by unsubtle colored maps. To a statistician, we are a Purple America, though the color is unequally distributed. White, the color of negotiation and peace is rarely to be found. To begin to approach understanding the problems flagged in my brief account requires the insight of multiple disciplines. That is what Wagner and Marusek, wonderful scholars in their own work, have assembled as editors -- a conversation among scholars at the forefront of thinking about how flags and colors represent those who claim them thus exemplifying how to resist simple explanations and pat answers. The topic is just too important."e;Christina Spiesel, Senior Research Scholar in Law, Yale Law School; Adjunct Professsor of Law, Quinnipiac University School of Law, USA"e;Visuals, such as symbols and images, in addition to conventional textual forms, seem to have a unique potential for the study of a collective identity of a community and its traditions, as well as its narratives, and at the same time, in the expression of one's ideas, impressions, and ideologies in a specific socio-political space. Visual analysis thus has become a well-established domain of investigations focusing on how various forms of text-external semiotic resources, such as culturally specific symbols, including patterns and colors, make it possible for scholars to account for and thus demystify discursive symbols in a wider social and public space. Flags, Identity, Memory: Critiquing the Public Narrative through Colors, as an international and interdisciplinary volume, is a unique attempt to demystify the thinking, values, assumptions and ideologies of specific nations and their communities by analyzing their choice of specific patterns and colors represented in a national flag. It offers a comprehensive and insightful range of studies of visual and hidden discursive processes to understand social narratives through patterns of colours in the choice of national flags and in turn to understand their semiotic, philosophical, and legal cultures and traditions. Wagner and Marusek provide an exclusive opportunity to reflect on the functions, roles, and limits of visual and discursive representations. This volume will be a uniquely resourceful addition to the study of semiotics of colours and flags, in particular, how nations and communities represent their relationship between ideology and pragmatism in the repository of identity, knowledge and history."e;Vijay K Bhatia, Chinese University of Hong Kong, Full Professor, Hong Kong"e;In all societies, colors play a critical function in the realm of symbolism. Nation societies perceive great significance in the colors of flags and national emblems. Colors constitute, in other words, sign systems of national identity. The relation of color codes and their relation to concepts of nationhood and its related narratives is the theme of this marvelous and eye-opening collection of studies. Flags are mini-texts on the inherent values and core concepts that a nation espouses and for this reason the colors that they bear can be read at many levels, from the purely representational to the inherently cultural. Written by experts in various fields this interdisciplinary anthology will be of interest to anyone in the humanities, social sciences, jurisprudence, narratology, political science, and semiotics. It will show how a seemingly decorative aspect of nationhood-the colors on flags-tells a much deeper story about the human condition."e;Marcel Danesi, University of Toronto, Full Professor of Anthropology, Canada

"This book is the result of a long-term comparative research project on intellectual property, with topics ranging from patents to copyright, examined across 16 jurisdictions. It does not aim at commenting on current policy issues. The country reports unearth the culturally, morally and historically imprinted thought patterns across Europe which underpin current discussions on the appropriation of information, and which do not change quickly. The research results question the common narratives of the distinctiveness of private and public law, of contracts and property, and of morality and the law. The point of departure is the public good character of information, with the focus being on public interests pursued when assigning information as property. The 14 selected cases, based on recent, and in some cases futuristic when the project began in 2001, scenarios, aim to identify how boundaries to information property emerge, the areas of law that are applied and the principles that are followed in order to balance the conflicting interests at stake. The issues discussed revolve around well-known interfaces such as IP and competition law, monetary interests versus personal interests in human genome data, individual freedoms-to-operate versus collective action models as found in basic research or 'creative commons'. The book shows how some national discussions appear similar on the surface, in terms of resorting to parallel principles, but subsequent domestic policy answers vary greatly. Even legislation which aims at harmonisation may result into more diversity. Inversely, we found legal institutions applied which install contrasting legal rules which however aim at exactly the same behavioural change."--

This book presents a short history and timeline of criminal procedure legislation in China. First, it addresses the status of Human Rights Conventions and the challenges resulting from human rights standards for Chinese criminal procedural law and practice. The discussion then moves on to explore the fundaments of Chinese criminal procedure such as the applicable law found in the Chinese CPL (Criminal Procedure Law) and legal institutions.The book covers relevant actors in the Chinese Criminal Justice System (ie judges, prosecutors, police, defence councils) as well as the relationships between them. It also includes topics relating to the victims of crime and their role in criminal proceedings. Starting with pre-trial investigations (extending in particular to coercive measures and discretionary powers in the implementation of non-prosecution policies) the book continues as a guide through the basic principles of criminal trial, standards of evidence and rules related to conviction. Appeals and the issue of reopening criminal proceedings are also considered, with the book making particular reference to a number of special procedures (including juvenile delinquency) in the closing chapter.

The book is a short introduction to comparative law and economics, a growing field in the interaction between law, economics and comparative political science. It is a guide to economists, lawyers and political scientists looking for a brief overview. It includes both strands of the traditional literature, namely the role of legal families and microeconomic analysis of legal rules in a comparative perspective. The study of courts at the global level is complemented by comparative judicial politics.

This book provides an overview of disability exceptions to copyright infringement and the international and human rights legal framework for disability rights and exceptions. The focus is on those exceptions as they apply to visual art, while the book presents a comprehensive study of copyright's disability exceptions per se and the international and human rights law framework in which they are situated.3D printing now allows people with a visual impairment to experience 3D reproductions of paintings, drawings and photographs through touch. At the same time, the uncertain application of existing disability exceptions to these reproductions may generate concerns about legal risk, hampering sensory art projects and reducing inclusivity and equity in cultural engagement by people with a visual impairment. The work adopts an interdisciplinary approach, with contributions from diverse stakeholders, including persons with disabilities, cultural institutions and the 3D printing industry. The book sketches the scene relating to sensory art projects. Experts in intellectual property, human rights, disability and art law then critically analyse the current legal landscape relating to disability access to works of visual art at both international and regional levels, as well as across a broad representative sample of national jurisdictions, and identify where legal reform is required.This comparative analysis of the laws aims to better inform stakeholders of the applicable legal landscape, the legal risks and opportunities associated with sensory art and the opportunities for reform and best practice guidelines, with the overarching goal of facilitating international harmonisation of the law and enhanced inclusivity.

Written by experts from within their communities, this book compares the legal regimes of Christian churches as systems of religious law.The ecumenical movement, with its historical theological focus, has failed to date to address the role of church law in shaping relations between churches and fostering greater mutual understanding between them. In turn, theologians and jurists from the different traditions have not hitherto worked together on a fully ecumenical appreciation of the potential value of church laws to help, and sometimes to hinder, the achievement of greater Christian unity. This book seeks to correct this ecumenical church law deficit. It takes account of the recent formulation by an ecumenical panel of a Statement of Principles of Christian Law, which has been welcomed by Pope Francis and the Ecumenical Patriarch of Constantinople, leader of the Orthodox Church worldwide, as recognizing the importance of canon law for ecumenical dialogue. This book, therefore, not only provides the fruits of an understanding of church laws within ten Christian traditions, but also critically evaluates the Statement against the laws of these individual ecclesial communities.The book will be an essential resource for scholars of law and religion, theology, and sociology. It will also be of interest to those working in religious institutions and policy-makers.

This volume presents new research in artificial intelligence (AI) and Law with special reference to criminal justice.It brings together leading international experts including computer scientists, lawyers, judges and cyber-psychologists. The book examines some of the core problems that technology raises for criminal law ranging from privacy and data protection, to cyber-warfare, through to the theft of virtual property. Focusing on the West and China, the work considers the issue of AI and the Law in a comparative context presenting the research from a cross-jurisdictional and cross-disciplinary approach.As China becomes a global leader in AI and technology, the book provides an essential in-depth understanding of domestic laws in both Western jurisdictions and China on criminal liability for cybercrime. As such, it will be a valuable resource for academics and researchers working in the areas of AI, technology and criminal justice.

This book reviews the challenges and opportunities in the implementation of the WHO Framework Convention on Tobacco Control (FCTC) at the regional and national levels in Africa. It contains an analysis of the relevant norms and monitoring mechanisms at the regional level, and case studies from selected African and other developing countries. The WHO has noted that tobacco use or exposure to tobacco is a major health risk factor for non-communicable diseases (NCDs). This volume highlights the importance of taking measures to control tobacco use in Africa with a view to preventing these risks. With contributions from experts from the Global South, the book provides a critical analysis of the role that human rights can play in mitigating the impact of tobacco use and NCDs, and the implementation of the FCTC. The book contains a systematic and in-depth analysis of how efforts to realise the right to health under international and regional law can help to address the incidence of tobacco use in the developing world. The collection will be an important resource for academics, researchers and policymakers working in the areas of public health law and international human rights.

This book examines how the European Convention of Human Rights system and the Strasbourg Court interact with states and non-governmental actors to influence domestic change, focusing on European Court of Human Rights litigation and state implementation of judgments related to minority discrimination and asylum/migration.