The legal sector is being hit by profound economic and technological changes (digitalization, open data, blockchain, artificial intelligence ...) forcing law firms and legal departments to become ever more creative in order to demonstrate their added value. To help lawyers meet this challenge, this book draws on the perspectives of lawyers and creative specialists to analyze the concept and …
This book discusses the impact of war on the complex interactions between various actors involved in justice: individuals and social groups on the one hand and ‘the justice system’ (police, judiciary and professionals working in the prison service) on the other. It also highlights the emergence of new expectations of justice among these actors as a result of war. Furthermore, the book addre…
This book, written in three parts, covers the basics of the international trade, financing and the legal framework related to the law of carriage of goods by sea, elaborates on bills of lading in depth and sea waybills and ship’s delivery orders in brief and charterparties in depth. While the book is based on the English law, cases and materials from other jurisdictions, particularly Singapor…
This book examines the issue of foreign investor misconduct in modern international investment law, focusing on the approach that international investment law as it currently operates has developed towards foreign investor misconduct. The term ‘misconduct’ is not a legal notion, but is used to describe a certain phenomenon, namely, a group/class of actions. This term is convenient since it …
This edited book promotes and facilitates cybercrime research by providing a cutting-edge collection of perspectives on the critical usage of online data across platforms, as well as the implementation of both traditional and innovative analysis methods. The accessibility, variety and wealth of data available online presents substantial opportunities for researchers from different disciplines t…
This volume focuses on transparency as the guiding principle for insurance regulation and supervisory law. All chapters were written by experts in their respective fields, who address transparency in a wide range of European and non-European jurisdictions. Each chapter reviews the transparency principles applicable in the jurisdiction discussed. While the European jurisdictions reflect differen…
The book provides a comprehensive overview on the legal aspects of the social security system in Turkey. It is written specifically for lawyers and graduate law students as comparative law researchers all over the world who have a need to deal with Turkish law generally but are seeking to become specialists in social law. In addition, it has been prepared with a view to provide basic informatio…
The open access book examines the consequences of the Italian Constitutional Court’s Judgment 238/2014 which denied the German Republic’s immunity from civil jurisdiction over claims to reparations for Nazi crimes committed during World War II. This landmark decision created a range of currently unresolved legal problems and controversies which continue to burden the political and diplomati…
This book provides a comprehensive account of the CETA Investment Chapter’s ability to overcome the legitimacy crisis facing investment arbitration. To do so, it first examines the root causes behind the legitimacy crisis, ultimately arguing that it reflects a fundamental rule of law crisis within investment arbitration. In particular, it asserts that the normative standpoints of the legitima…
The book addresses authoritarian legacies of politically motivated justice and its unwritten practices that have re-emerged in the recent trials related to both political and ordinary criminal charges against prominent opposition leaders in many former Soviet republics. Taking into account that in any country all trials are more or less related to politics, the author differentiates between tri…
This book explores the conundrum that political fortune is dependent both on social order and big, constitutive crime. An act of outrageous harm depends on rules and protocols of crime scene discovery and forensic recovery, but political authorities review events for a social agenda, so that crime is designated according to the relative absence or presence of politics. In investigating this pro…
This book examines how regulators and policymakers from nine different countries have dealt with Uber, and initiates a legal dialogue between different jurisdictions that could potentially pave the way to a harmonized approach in regulating Uber. The case studies, conducted in Brazil, Germany, Italy, Mexico, Spain, South Africa, Turkey, the UK and the US reveal the case law and regulatory respo…
This book gathers national and international reports from around the globe on key issues in the field of antitrust and intellectual property. Its first part discusses to what extent competition law should be concerned with differences in prices, terms and conditions, or quality that suppliers offer different purchasers. A detailed international report explores the major trends and challenges in…
This book presents an interdisciplinary study of the relation between semiotics, law & art. Focusing on Greimasian semiotics, it examines specific works of art (from Giotto to Banksy) that deal with the theme of justice, promoting a more sensitive and humanized perception of the values that surround law. The book offers readers a comprehensive review of the semiotics of law, critically examinin…
This volume of the Netherlands Yearbook of International Law (NYIL) is the fiftieth in the Series, which means that the NYIL has now been with us for half a century. The editors decided not to let this moment go by unnoticed, but to devote this year’s edition to an analysis of the phenomenon of yearbooks in international law. Once the decision was made that this would be the subject of t…
This book analyses the features and functionality of the relationship between the law, individual or collective values and medical-scientific evidence when they have to be interpreted by judges, courts and para-jurisdictional bodies. The various degrees to which scientific data and moral values have been integrated into the legal discourse reveal the need for a systematic review of the options …
Addressing common myths and misconceptions about sexual offending, this book highlights the current state of scientific knowledge about the origins and the development of sexual offending. It offers a critical overview of current criminal justice policies and close to 100 years of research on how to best improve these policies through theoretically-grounded and methodologically-rigorous researc…
This book examines how alcohol intoxication impacts upon the memory of rape victims and provides recommendations for how best to investigate and prosecute such rape complaints. An estimated 75% of victims are under the influence of alcohol during a sexual assault and yet there is surprisingly little guidance on conducting interviews with complainants who were alcohol-intoxicated during the atta…
Relations between societal values and legal doctrine are inevitably complex given the time lag between law and social reality, and the sociological space between legal communities involved in the development and application of the law and non-legal communities affected by it. It falls on open-ended concepts, such as proportionality, human rights, dignity, freedom, and truth, and on legal framew…
This book addresses age-based persecution of children as a crime against humanity in connection with genocide, crimes against humanity and war crimes (persecution - with some variation in the elements of the crime - is an existing offence under the Rome Statute of the permanent International Criminal Court, the statutes of various international criminal tribunals i.e. International Criminal Tri…
On behalf of Professor Hugh Brady, Director and Senior Fellow, The Flag Research Center at the University of Texas School of Law, "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 select…
This book argues for a more moderate approach to history-writing in international criminal adjudication by articulating the elements of a “responsible history” normative framework. The question of whether international criminal courts and tribunals (ICTs) ought to write historical narratives has gained renewed relevance in the context of the recent turn to history in international criminal …
This book explores the use of restorative justice approaches in the context of environmental crimes. It critically assesses regular criminal justice approaches with regard to green crimes and explores restorative justice conferencing as an alternative. Focussing on justice approaches in Australia and New Zealand, it argues that court processes following environmental offending provide minimal t…
This book stems from the CyberBRICS project, which is the first major attempt to produce a comparative analysis of Internet regulations in the BRICS countries – namely, Brazil, Russia, India, China, and South Africa. The project has three main objectives: 1) to map existing regulations; 2) to identify best practices; and 3) to develop policy recommendations in the various areas that compose c…
This book is a tribute to the work of Professor Terry Gill, offered to him by friends and colleagues who are also academics and/or practitioners in the field of International Law of Military Operations (ILMO). ILMO is a distinct sub-discipline within public international law and domestic public law, covering all domains of military operations: land, sea, air and (cyber)space. As such, ILMO…
Environmentalists devote little attention at the moment to the size and growth of the human population. To counter this neglect, the monograph (i) includes original graphs showing population size and growth since 1920 in the world as a whole and the United States; (ii) assembles evidence tying the increasing number of people to ecosystem deterioration and its societal consequences; and (iii) a…
The book presents a comprehensive reconceptualization of Geert Hofstede’s well-known concept of power distance, applying the theory to the specific case of judge–witness courtroom interactions in Polish regional courts. In the light of the detailed critique of Hofstede’s original approach to power distance, the book first carefully develops a three-level concept of power distance, incl…
This book comprehensively discusses the effects of digital technology on the way work is disseminated and the resulting challenges concerning the fair use of copyright. It also analyzes so-called fairness by examining theories on the system of fair use, demonstrating the “system changes that will be brought about by technological changes” from the perspective of economics, i.e., the problem…
This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be i…
This book selects leading, innovative and influential Chinese maritime judgments and presents full translation of them, with brief summary, to the readers so that they can have insights of how the Chinese maritime judges interpret, apply and develop Chinese maritime law in practice. China trades with other states in trillions of USD every year, and about 95% of the cargoes are carried by ocean-…