Komparativ ret

As computational power, the volume of available data, IT systems¿ autonomy, and the human-like capabilities of machines increase, robots and AI systems have substantial and growing implications for the law and raise a host of challenges to current legal doctrines. The main question to be answered is whether the foundations and general principles of private law and criminal law offer a functional and adaptive legal framework for the ¿autonomous systems¿ phenomena.The main purpose of this book is to identify and explore possible trajectories for the development of civil and criminal liability; for our understanding of the attribution link to autonomous systems; and, in particular, for the punishment of unlawful conduct in connection with their operation. AI decision-making processes ¿ including judicial sentencing ¿ also warrant close attention in this regard.Since AI is moving faster than the process of regulatory recalibration, this book provides valuable insights on its redesign and on the harmonization, at the European level, of the current regulatory frameworks, in order to keep pace with technological changes.Providing a broader and more comprehensive picture of the legal challenges posed by autonomous systems, this book covers a wide range of topics, including the regulation of autonomous vehicles, data protection and governance, personality rights, intellectual property, corporate governance, and contract conclusion and termination issues arising from automated decisions, blockchain technology and AI applications, particularly in the banking and finance sectors.The authors are legal experts from around the world with extensive academic and/or practical experience in these areas.

This book examines the diversity of enforcement titles in cross-border debt collection, focusing on the types, structure, contents and effects of enforcement titles. It offers a comprehensive overview of judgments, court settlements and authentic instruments from a variety of EU Member States. It primarily employs the comparative legal method to draw conclusions on commonalities and differences, as well as prospects for future approximation of laws.The premise of the research is rooted in the finding that national authorities of EU Member States continue to treat enforcement titles from other Member States with reservations and mistrust despite being committed to the principle of mutual trust. The book identifies the issues of mistrust stemming from the diversity of enforcement titles. The research is based on a rich database of national reports compiled during the course of several large-scale EU Justice Projects.Divided into five parts, the book offers first somegeneral considerations and presents attempts at a systemisation of enforcement titles. The following parts are then devoted to more specialised approaches toward the different types of enforcement titles. However, the connecting line between all parts of the book are the considerations of cross-border enforcement in the EU (and in a limited manner with third States). Herein, research also addresses critical factors regarding the free movement of judgments in the EU, including those of lis pendens and related actions.This book provides a valuable contribution to the Theory of European Civil Procedure. Since it is based on a comparative approach and employs both empirical and doctrinal viewpoints, it should also greatly benefit practitioners involved in cross-border dispute resolution. Overall, the findings should be of interest to a broad audience, including policymakers, judges, practitioners and scholars.

This book analyzes the concept, theory, rules, and impact of the reform of the international monetary system and Crypto-SDRs and provides a feasibility analysis of the combination of blockchain technology and SDRs. It explores and summarizes the possibility of solving problems such as the inherent defects of the current international monetary system and creatively suggests that the birth of Crypto-SDR will have a positive impact on countries and industries and fields around the world, especially in anti-money laundering, cross-border asset recovery, international payments, banking, insurance, financial auditing, Fintech regulation, etc.

The book continues to use quantitative and empirical research methods to summarize and analyze the achievements of government openness in China in 2020. It points out that in 2020, the exploration of standardization and standardization of government affairs openness is accelerating, decision-making openness is making steady progress, and government affairs services, administrative law enforcement, and management results are all making significant progress. However, in the future, it is still necessary to further enhance the awareness of openness, identify the needs of the public, integrate openness into the whole process of government affairs activities, and improve the level of information security. Besides, the book for the first time first carries out a third-party assessment of the government affairs publicity in the national free trade zones and free trade zones, and releases research reports on the publicity of administrative punishment information, government news release,work and production resumption information, and health science popularization information.

This book concerns how China's legal institutions promoted its economic growth and demonstrates that the law has played different roles at various stages of China's economic transformation, a signal of legal paradigm shifts in reaction to the changing political and economic pursuits.By decomposing the role of law in the process, the author argues that while the Chinese economy was transforming from a planned economy to a market-oriented one, the law also made its adjustment as a response¿the Chinese legal system was evolving from the one consisting of primarily substantive laws to the one filled with high-level formal laws by the end of the last century. The above observation of legal formalization is further consolidated by introducing the particularities of China's legal education in those years¿a topic rarely dealt with yet of significance to comprehensively understand the Chinese legal system in practice. Overall, the present book argues against the modernization theory and determinism that would anticipate a similar developmental path globally and shows that the relationship between law and economic development is contingent. Therefrom, this study weighs in the law and development debate and breaks a perception of static law in the economy by rejecting the conventional perception of established legal institutions as a precondition of modernity.Hence, this book could appeal to legal scholars and sociologists interested in reevaluating western theories of free economy and its relationships to the law. In addition, scholars interested in research methodology would find the perspective of paradigm shifts in interpreting China's transformations a helpful analytical framework in research. Moreover, policymakers and legislators concerned about the characteristics of law for economic results would also find the book useful.

This book gives practical and in-depth presentation and analysis of the issues under China export control law and economic sanctions regime. This book not only addresses issues faced by the legal entities in China, but also attends to the concerns about Chinese extra-territorial jurisdiction of China export control law and sanctions legislations, on the part of foreign companies. Finally, the author shares his experiences on how to structure export control and sanctions compliance under Chinese law on the part of both Chinese and foreign companies.

In the book, the author presented the results of several years of empirical studies conducted in Polish common courts. On the basis of an analysis of 250 observed and recorded trials, conducted as part of various court proceedings (criminal, civil, insurance, etc.), the author outlined a picture of the trial as a communication occurrence, in which persons with various levels of communication competence are involved in the interaction. Among other things, the book answers the questions: "How does the communication process between a judge and a non-professional participant proceed?", "Implementation of which communication activities cause the greatest difficulty for non-professional participants?" and "How do judges try to counteract these difficulties?".

This book explores how judiciaries in different parts of the world are responding to climate change and how climate change intersects with the law. It offers feminist approaches to the judicial responses to climate change in the Global South, providing both jurisdictional and thematic reviews. Climate change is one of the most pressing global issues facing humankind, and is currently reshaping geopolitics, governance, law, and international relations around the world.The book¿s originality lies in its endeavour to highlight judicial perspectives on climate change from prominent female researchers who have been working on this subject professionally and/or academically, bringing both regional and international views to the subject. The main objective is to give a new meaning to the study of climate change by bringing together the most recent aspects, including climate litigation, eco-constitutionalism and the environmental rule of law, climate and environmental justice, climate geopolitics and climate governance.The book will be of interest to students, academics, and scholars of climate law and environmental law around the world.

This book gathers contributions from a broad range of jurisdictions, written by practitioners and academics alike, and offers an unparalleled comparative view of key issues in competition law, intellectual property and unfair competition law, with a specific focus on the use of personal data. The first part focuses on the role of competition law in shaping the digital economy. It discusses the use of personal data, the market power of platforms, the assessment of free services, and more broadly the responsibility of dominant companies in the smooth functioning of the digital economy. In turn, the second part sheds light on how the conduct of influencers, native advertising and the use of AI for marketing purposes can be controlled by the law, focusing on the use of personal data and the impact of behavioral advertising on consumers. In this regard, the book brings together the current legal responses across a number of European and other countries, all summarized and elaborated on in the form of two international reports.The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.

This book focuses on the decision of the Tribunal in the South China Sea Arbitration that China had operated its law enforcement vessels in ways that created risks of collision with Philippine official vessels at Scarborough Shoal in April and May 2012. The book explains the International Regulations for Preventing Collisions at Sea (COLREGS) and the incidents in layperson¿s terms. It analyzes Chinäs violations of the COLREGS on the basis of confidential Philippine documents declassified for the Arbitration, technical works by professional mariners, and the reports submitted by the navigational safety experts to the Tribunal. It pays attention to Chinese post-arbitration critiques of the Tribunal ¿s decision, which it characterizes as rationalizations of collisions as instruments of Chinese foreign policy. It contrasts Chinäs conduct with the practice of the US and Western European States, which mandate compliance with collision regulations even during law enforcement operations. The book draws on sources in five languages (English, French, German, Italian, and Spanish), and helps the reader understand the pattern of Chinäs harassment of vessels from littoral and non-littoral States in the South China Sea as well as the absence of legal foundations for Chinäs rationalizations of its behavior.Alfredo C. Robles, Jr. is a University Fellow at De La Salle University, Philippines. He holds doctorate degrees from the Université Paris 1 (Panthéon-Sorbonne), France, and Syracuse University, USA. He is the author of French Theories of Regulation and Conceptions of the International Division of Labour (1994), The Political Economy of Interregional Relations: ASEAN and the EU (2004), The Asia-Europe Meeting: The Theory and Practice of Interregionalism (2008), The South China Sea Arbitration: Understanding the Awards and Debating with China (2018), and Endangered Species and Fragile Ecosystems in the South China Sea: The Philippines v. China Arbitration (2020).

This book provides a fresh perspective on resolving sovereign debt disputes within the investor-state mediation framework. In response to the limitations of traditional approaches to adjudicating public debt issues and the resulting gaps in international law concerning sovereign defaults, creditors have increasingly turned to investor-state treaty arbitrations to recover unpaid debts. However, this shift has raised numerous criticisms and concerns.Accordingly, this book explores the uncharted territory of utilizing mediation as a means to settle sovereign debt claims. It sheds light on the distinctive characteristics of mediation as a process, setting it apart from judicial litigation and private arbitration, and emphasizing the unique outcomes it can generate. The central argument of this book is that mediation should be seriously considered as a viable option for resolving sovereign debt disputes. Not only does it offer a more cost-effective and expeditious approach, but it also has the potential to facilitate economic recovery and sustain continued investment.

This book invites readers to critically rethink the interrelations between geography and the law. Traditionally, legal-geographical interrelations have been dominated by scholars with backgrounds in geopolitics, economics, or geography. More recently, a new interdisciplinary approach has been developed with the aim of offering a fresh perspective on how law and geography intersect. There has been a steady growth in cross-disciplinary research in this field; how legal-geographical taxonomies interrelate has attracted attention from scholars and academics with a diverse range of backgrounds - namely, law, anthropology, and human/physical geography -, thus giving rise to several publications.Against this backdrop, the book adopts a legal comparative perspective and assesses 'normative spatialities', which are the outcomes of processes of legal-spatial production. In addition, the comparative analysis offers readers new insights on some traditional geographic features which are essential to legal studies (territorial identity, regional demarcation, territorial alternation, and place-name policy). Examples are drawn from several jurisdictions (both from the Global North and the Global South) and partly employ a diachronic perspective.As its subversive character is ideally suited to revealing policies and agendas, comparative law is used to identify the ethnocentric and colonial biases underpinning the use (and misuse) of legal geographic devices by policymakers and academics. In sum, the book presents legal geography as an interdisciplinary undertaking in which geographers and legal scholars can jointly examine common concepts in the historical, cultural, political and social contexts in which law is practised. The book transcends the boundaries between disciplines to engage in a fruitful dialogue on how the law can help to address the current socio-geographic and ecological crises.

Combining the author's many years of legal practice experience, this book examines the current hot and difficult issues arising in the legal practice of foreign-related commercial disputes in China. The book focuses on the application of the United Nations Convention on Contracts for the International Sale of Goods (¿CISG¿) in Chinese courts, judicial review of foreign-related arbitral awards, judicial cooperation in cross-border insolvency, and legal relationships in legal disputes over electronic commerce. The book pays close attention to the latest legislative achievements of the international community and their impact on Chinese judicial practice, thus helping to strengthen exchanges and cooperation among countries along the ¿Belt and Road¿ and providing more effective rule of law protection for Chinese enterprises ¿going global¿.

This book focuses on the development of artificial intelligence and rule of law in the world, by collecting and summarizing the information about the development of artificial intelligence and rule of law in China and the world, covering topics like AI strategy, policy, law, theoretical research and practical application, etc. It makes an in-depth analysis so as to provide an objective, fair and accurate report. The purpose is to promote the study of AI and law, promote the construction of AI and rule of law system and create an AI and rule of law environment. In particular, it aims to play an active role in promoting the establishment of legislative norms, legal systems, policy systems and ethical norms that are compatible with the innovative development of AI, promoting the implementation of a new generation of national AI development strategies, ensuring the safe, reliable, controllable, healthy and sustainable development of AI. It is hoped that this book may provide useful reference for researchers of AI and law.

The challenges that labour law currently faces are well known. The emergence of new forms of work and the growing importance of technology in the age of the Fourth Industrial Revolution are important tests of the resilience of this field of law and its function: regulating the labour market. Therefore, it is becoming increasingly important to examine the fundamentals of labour law, especially how subordinate labour is addressed in various countries¿ constitutions, in order to focus the analysis of the new phenomena affecting labour relations on their fundamental frameworks.In this context, this book puts forward an overarching framework that reflects how the Italian, German, French, Portuguese, and Spanish constitutions view labour in terms of both collective and individual relations ¿ particularly the right to collective bargaining, the right to strikes and lock-outs, job security, and the right to remuneration ¿ without losing sight of each Constitution's historical and political context.The aim of this book is therefore to provide an overview of the labour law frameworks in the constitutions of these legal systems and to show, by means of practical examples, how the law concretely implements them. Accordingly, it provides notes on the legal treatment of the topics analysed, serving as a practical guide for the study of these matters in the respective jurisdictions.This book will be of interest to all students and scholars of labour law looking for an overview of the topics covered in all five jurisdictions.

This book offers a compelling exploration of extradition law, skillfully dissecting the nuances across India, the USA, and Europe. A must-read for anyone seeking a profound understanding of the legal intricacies surrounding cross-border criminal justice. The comparative analysis is thorough, shedding light on the unique challenges each jurisdiction faces. A valuable contribution to the discourse on international law and extradition." Explore the historical evolution, key principles, and contemporary challenges in extradition proceedings, offering a nuanced understanding of the divergent approaches taken by these jurisdictions. From treaty frameworks to case studies, this book provides a valuable resource for legal scholars, practitioners, and anyone intrigued by the complexities of international law and justice.

This book focuses on the development of artificial intelligence and rule of law in the current world. It covers topics such as AI strategy, policy, law, theoretical research, and practical application. Through an in-depth analysis and thorough evaluation, this book provides a more objective, fair, accurate and comprehensive report. The purpose is to lead the AI and rule of law research and create an AI and rule of law environment which is conducive to the construction of AI and rule of law system. In particular, it aims to play an active role in promoting the establishment of legal systems, policy systems, and codes of ethics that are compatible with the innovative development of AI, thus facilitating the implementation of a new generation of AI development strategies, and ensuring the safe, reliable, controllable, healthy, and sustainable development of AI.

This book is a reflection on domestic intellectual property lawmaking from a developing country's perspective. It focuses on Sri Lanka-a South Asian jurisdiction with a socio-economic, cultural, and political landscape similar to other developing nations in the region, but the intellectual property regime of which has been less explored. The aim of this book is to address the discrepancies, gaps, and flaws in the national intellectual property legal framework of Sri Lanka. In doing so, the book considers Sri Lanka's obligations under TRIPS and other related intellectual property treaties to which the country is a party. The book also examines approaches adopted by developing countries in the region and beyond, as well as other more developed nations, in calibrating Sri Lanka's domestic intellectual property regime to better address the country's domestic needs and national interests. The approach adopted in this book is of relevance, more generally, to policymakers, legislators, legal academics, scholars, jurists, legal practitioners and judges who are keen on exploring the extent to which domestic intellectual property legislation complies with international intellectual property norms and standards and, more importantly, the extent to which domestic law makes use of the flexibilities under international law in addressing domestic needs and national interests.

This book pursues a comparative and interdisciplinary approach to assess presidential impeachments in Latin America. Mixing methodologies from legal studies and political science, it provides a novel and comprehensive assessment of some of the most controversial questions regarding the constitutional function of impeachment and its place in the theory of government.Presidential impeachments have become frequent in Latin America, yet they are still largely misunderstood by legal practitioners and the general public. As such, impeachments frequently provide for heated and polarizing debates. The misunderstandings stem from skewed expectations arising from different theories of government, legal interpretation, and presidential impeachment. The empirical evidence and arguments presented here will help to find common ground on these topics and pacify some latent tensions in society and academia. In addition, the book¿s case studies cover cases that have been rarely or incompletely addressed in the literature. Some cover events so recent that they have never been analyzed elsewhere.The book proposes reconsidering certain assumptions made about systems of government, which are based on skewed expectations of impeachments. It also draws on new evidence to re-examine existing impeachment theories and develop new ones. By doing so, it offers valuable insights that may guide lawmakers to redesign their own systems, optimizing them to achieve certain goals. It will also acquaint legal practitioners with the strategies of prosecution, defense, and decision-making in connection with impeachments.

This is the first comprehensive English-language overview of competition law enforcement in Switzerland since the introduction of direct sanctions in 2004. It discusses the key issues facing practitioners: horizontal and vertical agreements (with a particular emphasis on distribution agreements), abuse of dominance, and the newly introduced provisions on relative market power and merger control. It also provides an overview of the key procedural provisions, leniency and amicable settlements, and fines.The book subsequently analyses the main differences between Swiss and EU competition law and explains why, to what extent, and how companies should conduct a separate analysis under Swiss law. It offers a comprehensive overview and accessible analysis, based on in-depth research of case law, for practitioners and in-house counsels who need to ensure compliance with competition law on a Swiss, European or international basis. It is also a valuable guide for all practitioners, academics and students interested in understanding Swiss competition law.Enforcement of competition law in Switzerland has intensified and is becoming increasingly important for global companies selling in Switzerland. Moreover, the fines have increased over the last twenty years, and many foreign companies have had to pay substantial fines in recent years. Lastly, the Swiss Federal Supreme Court has now extended the extraterritorial application of Swiss competition law to foreign companies where sales to Switzerland are possible.

The book provides an analysis of the emergence, evolution, and transformation of transnational securities regulation and of the influences from and the interactions between global regulatory powers in the field. Combining insights from law and political science, the work employs a two-tier complementary "e;on-the-books"e; and "e;in-action"e; approach. The more classical "e;on-the-books"e; approach draws on scholarship in United States and European Union securities regulation; transnational regulation and global administrative law; regime complexity; global governance studies; and the regulatory production of the International Organisation of Securities Commissions (IOSCO). The law in-action approach leverages the author's experience as Compliance senior professional in a multinational financial institution as well as research interviews with senior IOSCO staff.The author's findings enable the reader to develop an original understanding of IOSCO, its standards, and its unique place in the transnational regulatory arena. They also challenge the doxa that the US are the only driving regulatory power in the securities area when in fact, other regulatory powers are emerging - for the time being, the EU. The balance has shifted and regulatory compromises are achieved at different points in the rule making process.

This book brings together empirical and theoretical case-study research on art and heritage crime. Drawn from a diverse group of researchers and professionals, the work presented explores contemporary conceptualisations of art crime within broader contexts. In this volume, we see 'art' in its usual forms for art crime scholarship: in paintings and antiquities. However, we also see art in fossils and in violins, chairs and jewellery, holes in the ground and even in the institutions meant to protect any, or all, of the above. And where there is art, there is crime. Chapters in this volume, alternatively, zoom in on specific objects, on specific locations, and on specific institutions, considering how each interact with the various conceptions of crime that exist in those contexts. This volume challenges the boundaries of what we understand as "e;art and heritage crimes"e; and displays that both art, and criminality related to art, is creative and unpredictable.

Writing Constitutions intends to serve as a practical manual for those writing constitutions or interested in their design. It is the first systematic and universal approach to coherently capture concepts and contents of a modern constitution. Volume I breaks each constitutional mechanism into components and offers detailed designs to draft a constitutional clause. This provides lawmakers with the necessary toolkit for writing constitutions and empowers them to strengthen democracies. Writing Constitutions comes in three volumes:- Volume I: Institutions- Volume II: Fundamental Rights- Volume III: Constitutional Principles

This volume provides a unique perspective on an emerging area of scholarship and legislative concern: the law, policy, and regulation of human-robot interaction (HRI). The increasing intelligence and human-likeness of social robots points to a challenging future for determining appropriate laws, policies, and regulations related to the design and use of AI robots. Japan, China, South Korea, and the US, along with the European Union, Australia and other countries are beginning to determine how to regulate AI-enabled robots, which concerns not only the law, but also issues of public policy and dilemmas of applied ethics affected by our personal interactions with social robots. The volume's interdisciplinary approach dissects both the specificities of multiple jurisdictions and the moral and legal challenges posed by human-like robots. As robots become more like us, so too will HRI raise issues triggered by human interactions with other people.