Folkeret

This book provides insights into the complex labour and social security framework of EU employment and its enforcement. Starting from an analysis of the various EU instruments and case law, it outlines the complicated legal framework, the practical problems involved, and ways to overcome them. In turn, the book puts the evolution of the framework into perspective, reviews the numerous modifications made over the years, and describes interpretation-related difficulties. Since the formation of the European Community 65 years ago, migration and the European labour market have evolved considerably through special patterns of (temporary) mobility such as postings, simultaneous work in several Member States and high mobility, thus leading to major questions about the applicable legal framework. The interplay between the free movement of persons and services has produced a complex system of rules. Which law applies when a person crosses a border: that of the host State (and to what extent should this State take into account the legal rules from the home State?) or that of the home State? Does the person crossing the border have any choice in the matter?The book subsequently analyses the penetration of EU (market) law into national systems of labour and social security law. The divergent solutions and views within labour and social security law are considered and discussed from a critical point of view.As the positive elements of the European story are at risk of being overshadowed by the negative consequences of the European construction - social dumping being the prime example - special attention is paid to the cooperation between inspection services and other stakeholders in order to guarantee efficient enforcement. The latter is more than just sanctioning, but also includes prevention and monitoring issues.The unique strength of this book is that it brings together all legal-technical aspects of cross-border employment and its enforcement in both labour law and social security law in a single volume. Readers will find a wealth of detailed and specialised information, helping them to understand the topic in depth. Accordingly, the book will be of interest to academics, practitioners, enforcement bodies, judiciary policymakers, advanced law students, and researchers seeking to understand the law in context.

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 open access book explores how legal proceedings in and out-of-court can be matched to the complex problems underlying disputes concerning child custody, residence and contact between parents. It focusses in particular on Nordic experiences of in and out-of-court mechanisms as means of resolving custody disputes. The contributors are internationally renowned and experienced researchers from the legal, psychological, and sociological fields who provide empirical as well as legal perspectives. They examine central legal, ethical and knowledge-based dilemmas in custody dispute proceedings. The findings speak to an international audience and suggest ways how to best realize the interests of the child. It transcends disciplinary, institutional, and jurisdictional boundaries in search of new knowledge.

This book critically analyses the availability of environmental counterclaims in investment arbitration presented by the respondent host state against the claimant investor. It starts from the premise that the conflicting relation between investment law and environmental protection cannot always be avoided. Yet, the instrument of environmental counterclaims in investment arbitration might alleviate such relation. Throughout its chapters, this book addresses the questions about the societal and practical relevance of seeking redress for environmental damage in investment arbitration, the functioning of such instrument both in contract-based and treaty-based investment arbitration, the suitability of arbitral tribunals to rule upon environmental issues, and the kind of environmental damages that could be redressed. Most importantly, by deconstructing the requirements of jurisdiction, connection between main claim and counterclaim, and cause of action, this book provides the tools for there-conceptualisation of the instrument of counterclaims with the hope of harnessing its utility to achieve appropriate redress for environmental damages caused by foreign investors.

The proliferation of non-state armed groups and non-international armed conflicts since the end of the Second World War has challenged the legal frameworks which govern conduct in armed conflict. While aspects of international humanitarian law apply to such conflicts, international law can only go part of the way to explaining behaviour by armed groups. This book seeks to refocus discussion on the limits to armed conflict in such settings by examining the norms that underpin international humanitarian law as espoused by these armed groups to give a clearer picture as to the collectively constructed appropriateness of certain behaviours in or limits to warfare. The specific research question is ¿What are the norms of armed conflict as identified by non-state armed groups?¿ Using Winston¿s norm cluster model, this study seeks to examine and map the ideations and behavioural prescriptions that constitute the armed conflict norm cluster as defined by non-state armed groups. To do this,it utilises a qualitative content analysis of documents from non-state armed groups coded to identify the different elements of this norm cluster as well as the frequency, pervasiveness, and connections between these elements. The findings showed that, while international humanitarian law is universal, these norms limiting armed conflict are not, with no norm being seen across all contexts examined. Core norms of international humanitarian law, especially those supported by norm entrepreneurs, were seen to be the focus of sub-clusters and the emergence of new parts of the norm cluster could be observed over time. The findings suggest that further work with the conceptualisation of limits to armed conflict as norms could be useful in improving the embeddedness of norms amongst non-state armed groups and could be useful in reconceptualising limits to armed conflict in cases where broadly accepted norms face growing contestation.

Climate change litigation is a widely researched phenomenon and the number of climate cases, on a global scale, is continuously increasing. This book examines in detail climate change litigation taking place at the EU Courts, i.e. the General Court and Court of Justice of the European Union – a jurisdiction that has received relatively little research attention so far. The focus of the book is the standing requirements that private parties must satisfy in order to bring direct actions for annulment before the EU Courts pursuant to Article 263 TFEU, fourth paragraph (the EU standing test). The book contains a thorough examination of how the standing test has been applied and understood in EU climate change litigation, and what the foundational considerations of the test are. Moreover, it is considered whether climate change, and the private rights and interests affected by it, is recognised as a legitimate basis for standing under the test or whether a mismatch is at play. On this basis, the book engages in discussions of the potential implications for the role of the EU Courts and for EU climate law, as well as discussions of how climate change litigation affects the legal development of the EU standing test. The book is of particular relevance to academics and legal practitioners with an interest in understanding how and why the EU standing test is highly challenging for climate change litigants. The author, Sine Rosvig Sørensen, holds a masters degree and a PhD in law from Aarhus University. This book is a lightly revised version of her PhD thesis with the same title.

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.

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

Framework Decision 2009/948/JHA on the prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings established an ad hoc procedure for settling conflicts of criminal jurisdiction based on the mutual exchange of information and the establishment of direct consultations between the competent authorities with a view to reaching consensus on an effective solution. However, neither common legally binding criteria for deciding the best jurisdiction nor specific rules for the transfer of proceedings (which can occur after parallel proceedings have been identified) were established in this instrument, or in any other instrument adopted by the EU to date.This book analyses the current EU legal framework on conflicts of jurisdiction and transfer of criminal proceedings, paying special attention to its numerous shortcomings and loopholes from a fundamental rights and due process of law perspective. The book begins with an assessment of the various principles and grounds used by Member States for claiming criminal jurisdiction. Secondly, de lege lata EU procedure on the settlement of conflicts of criminal jurisdiction, as well as its implementation in Spain and Italy, are thoroughly examined. After discussing the main principles and fundamental rights at stake, the author proposes two alternative and original de lege ferenda models for the prevention and settlement of conflicts of criminal jurisdiction and transfer of criminal proceedings, exploring the different possibilities offered by the EU's primary law.

Indem die Rechtswissenschaft das Recht vorandenkt, kann sie am zivilisatorischen Fortschritt mit und durch Recht mitwirken. Dieser Sammelband reflektiert über diese These, die für Prof. Dr. h.c. Heike Jung eine Art Bekenntnischarakter hat, und wirft hierzu Schlaglichter auf herausgehobene Bereiche, in denen sich eine gewichtige Rolle der Rechtswissenschaft bei der Weiterentwicklung des Rechts aufdrängt: Die "tour d'horizon" reicht dabei vom Völkerstrafrecht über die die Rechtswissenschaft als Akteur der Rechtsentwicklung im Bereich der Digitalisierung bis hin zur Rolle der Strafrechtswissenschaft bei der Begrenzung und Bewältigung des menschengemachten Klimawandels.Mit Beiträgen vonProf. Dr. Joxerramon Bengoetxea | Prof. Dr. Michael Bohlander | Prof. Dr. Dominik Brodowski, LL.M. (UPenn) | Prof. Dr. Thomas Elholm | Prof. Dr. Maximilian Herberger | Prof. Dr. Dr. h.c. Heike Jung | Prof. Dr. Karl-Ludwig Kunz | Dr. Anke Morsch | Prof. Dr. Kathrin Nitschmann | Prof. Dr. Carl-Friedrich Stuckenberg,LL.M. (Harvard) | Prof. Dr. Julien Walther

This book deals with banking integrations, which are now becoming crucial not only because of the increased number of economic integrations, but also in view of the qualitative improvement of such banking integrations. It compares the European Union (EU), as the most successful union, which was able to move from a common financial market to the prime example of banking integration; the Banking Union; and the Eurasian Economic Union (EAEU) as a relatively young one but with several of the prerequisites for becoming an influential union, and which was established by five countries - the Russian Federation, Kazakhstan, Belarus, Armenia, and the Kyrgyz Republic - in 2015. The key research question is whether the single market in banking services or a banking union is an achievable goal or merely a utopia. In this regard, the book reveals the bottlenecks and obstacles that the EU and EAEU policymakers faced during the difficult process of establishing a single market and banking union. However, along with the problems of banking integration, it identifies many peculiarities of the harmonization of banking legislation among the EU Member States. Recognizing and acknowledging these peculiarities can be very beneficial for young unions and help to guide their integration processes. In particular, the book concludes that evolutionary (not revolutionary) harmonization is required in order for the EAEU to become a full-fledged union.

This book comprehensively discusses the role that non-state actors play in the Arctic and assesses the normative role of these actors. Beyond any organised forum, there are actors that have a significant impact on the way the Arctic is developed, adjudicated, managed, perceived, presented and represented. This book complements the literature on non-state actors in international law and international security, world politics and international relations and provides a geographical account of their role for the Arctic. The book content is not limited to a specific discipline, but takes into account different approaches to the topic. This means that it contains three types of contributions: research articles, shorter research notes and commentaries. While the research articles constitute the main body of the work, it is also the research notes which provide an insight into issues related to the topic of the book.

This book, grounded in a human rights framework, takes a close look at social work approaches and practices in Southeast Europe. Human rights are central in today's understanding of social work as an academic discipline and as a professional practice. Looking at social work through a human rights lens unmasks inequality and discrimination, promotes ethical engagements, and contributes to the social, political, and economic betterment of society. Moreover, human rights and social work are interdependent and have far-reaching implications at macro, mezzo, and micro levels both in the realm of social policy and in professional practice.This collection of eight chapters provides an overview of human rights practices in social work in Albania, Bosnia and Herzegovina, Bulgaria, Croatia, Kosovo, Romania, and Slovenia. It presents state-of-the-art research on human rights and social work through individual country-focused chapters. In addition, it includes an integrative introductory chapter that identifies and discusses the commonalities and differences across the region as well as future directions.The book takes an integrated approach with conversations among the contributors on three main questions:What is the state of human rights in social work?How are human rights practiced in social work? What are the prospects for an integrated approach to human rights in social work in contemporary Southeast Europe?Human Rights in this Age of Uncertainty is essential reading for social work academics and practitioners in Southeast Europe due to its geographic focus and standpoints from the specific countries of the region. The book also should appeal to a wider European audience (especially as the book features chapters from both inside and outside of the European Union), as well as to an international audience of social work scholars. In addition, policy-makers may find the book a useful resource because human rights discourse features prominently in the international approaches to welfare systems across Southeast Europe as part of the Europeanisation processes currently at play. 

Seit Beginn der COVID-19-Pandemie ist das Arbeiten von zu Hause aus der Arbeitswelt in Deutschland nicht mehr wegzudenken. Für die damit einhergehenden Kontrollen von Leistung oder Verhalten der Arbeitnehmer arbeitet der Verfasser die spezifischen Anforderungen heraus. Schwerpunkt der Untersuchung bildet die Darstellung von Persönlichkeitsrechten und Datenschutz sowie ihre Anwendung auf technische Kontrollen wie Videoüberwachung und auf Zutrittsrechte. Ein Mehr an Handlungssicherheit lässt sich durch die Einhaltung bestimmter Grundsätze für technische Kontrollen bei häuslicher Telearbeit erreichen, die der Verfasser herausarbeitet. Zudem geht der Verfasser auf die Rechte des Betriebsrates sowie auf die tarifvertragliche Gestaltung von Leistungs- und Verhaltenskontrollen ein.

This book offers a deeper understanding of digitisation and innovative technologies in the financial sector. It focuses on a digital version of sovereignly created money that is accessible to the broad public. This central bank digital currency (CBDC) raises several questions. Will CBDC lead to public surveillance of the citizens? What is digital money in the legal sense? And what is the difference to already existing forms of digital money? This book addresses main questions associated with central bank digital currency by providing background information as well as in-depth analyses.The book introduces a basic understanding of innovative technologies such as the distributed ledger technology. It shows how a system of money can be created and what roles each participant has. Taking an economic point of view, the book demonstrates the monetary policy in the euro area and examines how a digital version of public money could affect the transmission mechanism as well as the financial stability. Could CBDC lead to a "digital bank run"? Could it replace the established financial intermediaries such as banks? What would that mean to the economy?Mainly, the book focuses on the legal issues of CBDC. Which is the competent institution for establishing digital public money? Will digital money change the way of how we handle financial data? Also, the book examines the legal usability of CBDC in the economy. How can digital money based on innovative technologies be transferred in accordance with the law? Can a debtor of a monetary claim flee into the digital currency?This book addresses the public and private sector participants as well as the legislators on how to handle CBDC. Most important, the book addresses everyone interested in digitisation and innovative financial technology who wants to gain a deeper understanding of the next big evolvement of money.

This open access book examines regulating an environment that has no jurisdiction, is fully anonymous and infinitely vast? Welcome to the Metaverse, an online virtual reality that is expected to add billions to the global economy. The Metaverse offers a new type of virtual economy with practically endless business opportunities. The question is how to prevent these opportunities from being abused to commit money laundering and finance terrorism (MLFT).This book explores the current European Union legislation designed to prevent MLFT in connection with the Metaverse. It analyses the legislation in relation to the three traditional stages of MLFT: placement, layering and integration. Furthermore, some additional risks specific to the Metaverse are discussed, such as Non-Fungible Tokens (NFTs) and the high level of anonymity. The book concludes that the current legislation is not suitable for facing the new challenges of the Metaverse. In turn, the book putsforward a novel approach to regulating and enforcing MLFT legislation: using a system of smart assets equipped with AI to prevent and detect MLFT. In addition, it makes recommendations on how to improve the legal framework with regard to the new challenges arising from the Metaverse. Particular attention is given to creating a legal framework that incorporates the use of smart assets and the Internet of Things, in order to provide a safe environment for potential users and society.With a solid background in financial law and technology, the author successfully creates a novel system of regulation and enforcement that is based on the use of automatic enforcement, whilst keeping sufficient legal safeguards in place for potential Metaverse users.This book will be of interest to anyone interested in the Metaverse. Whether you want to regulate it or open your own virtual business, it¿s a must-read!

The global energy economy is undergoing a profound transformation, yielding several pivotal objectives. Foremost among these is mitigating greenhouse gas emissions and toxic pollutants. Another essential goal involves promoting more sustainable economies, thereby curbing material consumption and reducing our reliance on resource extraction. Further priorities include fostering energy security and economic resilience by reducing dependence on external energy sources. All these aims overlap in one common policy: accelerating the renewable energy capacity deployment. Complementing this paradigm shift is the complete electrification of economic activities and households, resulting in the need to incentivize green electricity generation.In this context, this book undertakes a comprehensive exploration of the regulatory framework underpinning the advancement of green electricity. After reviewing the political and economic dimensions, it offers an exhaustive analysis of ongoing developments in four legal domains: The WTO, EU, Germany, and Turkey.Furthermore, the book presents a legal analysis of the intricate interplay between the WTO and EU law coupled with the German and Turkish models. It focuses on the most topical and relevant issues, including the effect of the ongoing energy crisis on state aid for green electricity in the EU; WTO case law on local content requirement components of the promotion schemes; the intricate legal, economic, and political challenges that accompany Germany¿s Energiewende and its phasing out of coal and nuclear energy; and Turkey¿s regulatory endeavors to bolster its energy self-sufficiency strategy.Following a thorough examination encompassing theoretical, regulatory, and comparative aspects, the book moves beyond the applicable legal framework to make concrete proposals on the future design of green electricity promotion in Germany and Turkey so as to facilitate a rapid but socially equitable energytransition by incentivizing economic efficiency.

Many in the Republic of Korea (ROK) are not feeling assured by the U.S. nuclear umbrella. The authors propose options for strengthening that assurance, including enhancing strategic clarity and committing U.S. nuclear weapons to support the ROK.

This book analyses gender-based offences on the Internet from the perspective of international human rights law, interwoven with rights theories and feminist legal theories. It investigates whether international human rights law is applicable in regulating harmful online conduct and speech, with a focus on sexual violence, various forms of harassment, sexist hate speech and harmful pornography. This involves assessing whether gender-based online offences are considered violations of international human rights law and - if they are recognised as such explicitly or by way of interpretation - the extent of state obligations. The book reviews a range of international law sources, such as selected international human rights law treaties, case law, soft-law documents and academic scholarship. The application of general human rights law provisions to the online sphere is evaluated by considering the online/offline coherence of provisions as well as potential gaps, inconsistencies and disadvantages that exist in the regulation of online gender-based offences. The makeup, aim and effect of social spheres, areas of law and legal principles are thus assessed in relation to gender and the Internet. Aspects discussed include the architecture of the Internet, the structure of public international law, the harm principle as employed in domestic law and international human rights law, and the scope of particular rights, mainly involving the freedom of expression and the right to privacy. Working from the premise that the transposition of international human rights law to the Internet must ensure the former's functionality and effectiveness, the book argues that a contextual application of rights is called for. This requires assessing what is harmful online - including the effects of online speech and conduct - and what are effective means of regulating liability on the Internet. In turn, such assessments require a gender-sensitive approach.

This book explains how government procurement became part of the international trading regime. At the core of the system are pledges by governments to allow each other's suppliers to sell to them on an equal footing with their domestic firms. These agreements show how the participants overcame domestic pressures to reserve contracts for their local suppliers. They demonstrate how governments dealt with the competing forces of protectionism and liberalization. The International Procurement System takes the reader on a journey from the development of plurilateral agreements in the World Trade Organization, through bilateral agreements involving the United States, the European Union, and Japan. It looks at what they gained and what they gave up in incorporating procurement into the global trading system.At the center of this story is the United States, an early and strong champion of opening procurement to foreign participation. Yet it has been challenged by pressures to comply with a myriad of domestic laws mandating favoritism for US products. Beginning with the 'America First' policies of the Trump administration and accelerating under President Biden, the US has been pivoting away from its support of liberalization. With waning US leadership, the European Union and other trading parties are demonstrating the benefits of continued expansion of access to procurement, which represents 10 to 15% of a typical country's Gross Domestic Product.After detailing the 40-year development of government procurement's role in global trade, Jean Heilman Grier addresses the challenges and tensions of the international system. China remains outside the system despite its vast procurement market. The US protectionist turn is prompting similar responses by other countries. The EU is adopting trade defense measures to protect its own interests. The International Procurement System concludes that the primary procurement agreement may be destined to remain a club of mostly developed countries.

Was ist der Unterschied zwischen Europäischem Rat und Europarat? Wo liegen die Ursachen für die zahlreichen Krisen, die Europa gemeistert - oder noch vor sich - hat? In seiner 4., überarbeiteten und aktualisierten Auflage erklärt das Buch, wie unser neues Europa funktioniert, welche ungeahnten Freiheiten und Chancen es uns bietet - und warum es mitunter nicht funktioniert. Anschaulich analysiert der Autor das gesamte Spektrum aktueller Themen - von den Turbulenzen um den Euro, die Flüchtlingspolitik, den Brexit und Fridays for Future bis hin zum "Green Deal" und dem Angriffskrieg Russlands auf die Ukraine.Europa ist kein Elite-Projekt. Dieses bewährte, leicht lesbare Taschenlexikon lädt Einsteiger wie Europa-Kenner gleichermaßen ein, mitzumachen, zu kritisieren und zu diskutieren. Europa ist zugegeben unperfekt, aber es ist das Erstaunlichste, was wir auf unserem Kontinent in den letzten Jahrhunderten auf die Beine gestellt haben.

This book, one of the first of its kind, explores the impact of the COVID-19 pandemic on modern Western democracies from a comparative constitutional law and policy perspective. Through 11 scholarly contributions, it tackles cutting-edge topics for the liberal state, such as emergency legislation, judicial scrutiny of COVID-19 measures, parliamentarism and executive decision-making during the pandemic. The book examines these topics both from a microscopic national constitutional angle, with a focus on European states, and from a macroscopic regional and comparative angle, on par with the American example. The COVID-19 pandemic is thus treated as an international state of emergency that has enabled far-reaching restrictions on essential human rights, such as freedom of movement, freedom of religion or even major political rights, while giving rise to the 'administrative state.'This edited volume explores each of these pressing themes in this exceptional context and evaluates different liberal states' responses to the pandemic. Were these responses reasonable, effective and democratic? Or is the COVID-19 pandemic just the beginning of a new era of global democratic backsliding? How can liberal democracies manage similar crises in future? What lessons have we learned? The institutional knowledge gained turns out to be the key for the future of the rule of law.