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Modern Slavery in Global Context: Human Rights, Law, and Society
by Elizabeth A. FaulknerThis thought-provoking collection brings together academics from a range of disciplines to examine modern slavery. It illustrates how different disciplinary positions, methodologies and perspectives form and clash together through a kaleidoscopic view to contribute a unique insight into critical modern slavery studies. Providing a platform to critique the legal, ideological and political responses to the issue, experts interrogate the construct of modern slavery and the anti-trafficking discourse which have dominated contemporary responses to and understandings of exploitation. Drawing on a range of global real-world examples, this is a vital contribution to the study of modern slavery.
Modern Slavery in Global Context: Human Rights, Law, and Society
by Elizabeth FaulknerThis thought-provoking collection brings together academics from a range of disciplines to examine modern slavery. It illustrates how different disciplinary positions, methodologies and perspectives form and clash together through a kaleidoscopic view to contribute a unique insight into critical modern slavery studies. Providing a platform to critique the legal, ideological and political responses to the issue, experts interrogate the construct of modern slavery and the anti-trafficking discourse which have dominated contemporary responses to and understandings of exploitation. Drawing on a range of global real-world examples, this is a vital contribution to the study of modern slavery.
Moral AI: And How We Get There (Pelican Books)
by Jana Schaich Borg Walter Sinnott-Armstrong Vincent ConitzerA balanced and thought-provoking guide to all the big questions about AI and ethics Can computers understand morality? Can they respect privacy? And what can we do to make AI safe and fair? The artificial intelligence revolution has begun. Today, there are self-driving cars on our streets, autonomous weapons in our armies, robot surgeons in our hospitals – and AI's presence in our lives will only increase. Some see this as the dawn of a new era in innovation and ease; others are alarmed by its destructive potential. But one thing is clear: this is a technology like no other, one that raises profound questions about the very definitions of human intelligence and morality. In Moral AI, world-renowned researchers in moral psychology, philosophy, and artificial intelligence – Jana Schaich Borg, Walter Sinnott-Armstrong and Vincent Conitzer – tackle these thorny issues head-on. Writing lucidly and calmly, they lay out the recent advances in this still nascent field, peeling away the exaggeration and misleading arguments. Instead, they offer clear examinations of the moral concerns at the heart of AI programs, from racial equity to personal privacy, fake news to autonomous weaponry. Ultimately, they argue that artificial intelligence can be built and used safely and ethically, but that its potential cannot be achieved without careful reflection on the values we wish to imbue it with. This is an essential primer for any thinking person.
Moral Rights, Creativity, and Copyright Law: The Death of the Transformative Author
by Sarah HookThis book argues that moral rights provisions in copyright law rest on a misunderstanding, or romanticisation, of the role of the author. The Romantic conception of authorship, as a lone genius, creating from nothing, sensitive and vulnerable, has helped publishers push for strong copyright reform. But is this conception borne out in practice – especially in a world of meme culture, of artificial intelligence generated art and poetry, and of open source and fan fiction? This book probes the romantic vignette of the author through its legal adoption. Moral rights are rights that attach to the non-economic – for example, intellectual or emotional – interests of an author in their work. Much like defamation, moral rights see the right of reputation as superior to the right of freedom of expression. However, unlike defamation, moral rights are not protecting against defamatory actions against a person. In most jurisdictions, they are provisions set within copyright regimes; regimes whose purpose is to incentivise innovation. Challenging the way we think about authorship and how it should be protected by law, the book draws on a wide range of historical and contemporary examples to demonstrate how moral rights can constitute a barrier to transformative creativity. While authors and artists require strong rights to protect their ability to earn an income and incentivise creativity, moral rights, the book argues, may in turn actually harm their ability to do so. This timely criticism of moral rights will appeal to researchers, students, policy makers and lawyers working in the area of intellectual property law, as well as legal theorists, sociolegal scholars and legal historians with relevant interests.
Moral Rights, Creativity, and Copyright Law: The Death of the Transformative Author
by Sarah HookThis book argues that moral rights provisions in copyright law rest on a misunderstanding, or romanticisation, of the role of the author. The Romantic conception of authorship, as a lone genius, creating from nothing, sensitive and vulnerable, has helped publishers push for strong copyright reform. But is this conception borne out in practice – especially in a world of meme culture, of artificial intelligence generated art and poetry, and of open source and fan fiction? This book probes the romantic vignette of the author through its legal adoption. Moral rights are rights that attach to the non-economic – for example, intellectual or emotional – interests of an author in their work. Much like defamation, moral rights see the right of reputation as superior to the right of freedom of expression. However, unlike defamation, moral rights are not protecting against defamatory actions against a person. In most jurisdictions, they are provisions set within copyright regimes; regimes whose purpose is to incentivise innovation. Challenging the way we think about authorship and how it should be protected by law, the book draws on a wide range of historical and contemporary examples to demonstrate how moral rights can constitute a barrier to transformative creativity. While authors and artists require strong rights to protect their ability to earn an income and incentivise creativity, moral rights, the book argues, may in turn actually harm their ability to do so. This timely criticism of moral rights will appeal to researchers, students, policy makers and lawyers working in the area of intellectual property law, as well as legal theorists, sociolegal scholars and legal historians with relevant interests.
Moral Thought Outside Moral Theory (Routledge Studies in Ethics and Moral Theory)
by Craig TaylorThis book argues there can be no theory of ethics and that any attempt at such a theory ends up distorting the moral phenomena that it is supposed to explain. It presents clear examples of moral thought outside moral theorising through literature and Wittgenstein’s later philosophy. The book’s precise target is moral theory understood as a theory of right action. The author begins by arguing against the assumption central to moral theory that moral judgments are universalizable; that what it is right for one agent to do in a given situation is what is right for any agent in that same situation. Rather, moral judgments are essentially first personal. The author's specific contention here is that our understanding of moral thought in literature provides grounds for rejecting the assumption that moral judgments are universalizable. The author then goes on to argue that there is some determinate and objective content to ethics connected to recognising another human being as a limit to our will. He presents several literary examples that have influenced his thinking about the nature of moral value. He combines these readings with insights from Wittgenstein’s later writings to demonstrate the ways in which moral theorising fails to capture important aspects of moral thought. Moral Thought Outside Moral Theory will be of interest to scholars and advanced students working in ethics and moral theory, literature and philosophy, and Wittgenstein.
Moral Thought Outside Moral Theory (Routledge Studies in Ethics and Moral Theory)
by Craig TaylorThis book argues there can be no theory of ethics and that any attempt at such a theory ends up distorting the moral phenomena that it is supposed to explain. It presents clear examples of moral thought outside moral theorising through literature and Wittgenstein’s later philosophy. The book’s precise target is moral theory understood as a theory of right action. The author begins by arguing against the assumption central to moral theory that moral judgments are universalizable; that what it is right for one agent to do in a given situation is what is right for any agent in that same situation. Rather, moral judgments are essentially first personal. The author's specific contention here is that our understanding of moral thought in literature provides grounds for rejecting the assumption that moral judgments are universalizable. The author then goes on to argue that there is some determinate and objective content to ethics connected to recognising another human being as a limit to our will. He presents several literary examples that have influenced his thinking about the nature of moral value. He combines these readings with insights from Wittgenstein’s later writings to demonstrate the ways in which moral theorising fails to capture important aspects of moral thought. Moral Thought Outside Moral Theory will be of interest to scholars and advanced students working in ethics and moral theory, literature and philosophy, and Wittgenstein.
More Equal Than Others: Humans and the Rights of Other Animals
by Raffael N FaselUnprecedented demands have recently arrived at the doorstep of courts and parliaments the world over: nonhuman animals should receive some of the rights that have so far been reserved to human beings. This development has raised fundamental questions about the nature of legal rights, and who should have them. More Equal Than Others: Humans and the Rights of Other Animals provides a sustained analysis of the fundamental rights of human and nonhuman animals to explore the issue of whether conferring fundamental legal rights to animals would undermine the equal status and rights of humans. Raffael N Fasel proposes an unorthodox but practical solution to this issue: the Species Membership Approach (SMA). According to the SMA, legal rights and similar entitlements should be granted to animals based on the species to which they belong, not their individual capacities. By pioneering an approach that focuses on species membership rather than individual capacities, the author demonstrates how fundamental legal rights can be extended to nonhuman animals without threatening the status and equal rights of humans. This book examines the antithetical nature of the human rights and animal rights conceptions that have so far dominated the debate and demonstrates how a middle ground can be reached between these opposing conceptions. Informed by the forgotten history of animal and human rights in the French Enlightenment, More Equal Than Others radically reimagines the spectrum of fundamental rights conceptions.
Motherhood confined: Maternal health in English prisons, 1853-1955 (Social Histories of Medicine #54)
by Rachel E. BennettWhen we imagine life behind the high walls of the fortress-like prisons that were built and modified as the modern prison system was created in the mid-nineteenth century, we conjure up scenes where strict regulation prevailed to control people in body and in mind. An image that poses something of a paradox is that of mothers and their babies living in this carceral environment. This book looks behind the cell doors of these institutions to illuminate the experiences of this group of prisoners. The management of their health alongside the management of penal discipline posed complex conundrums to the prison system. Although rarely fully considered at policy level, this balancing act was negotiated by those who lived and worked in prisons on a daily basis.
Motherhood confined: Maternal health in English prisons, 1853-1955 (Social Histories of Medicine #54)
by Rachel E. BennettWhen we imagine life behind the high walls of the fortress-like prisons that were built and modified as the modern prison system was created in the mid-nineteenth century, we conjure up scenes where strict regulation prevailed to control people in body and in mind. An image that poses something of a paradox is that of mothers and their babies living in this carceral environment. This book looks behind the cell doors of these institutions to illuminate the experiences of this group of prisoners. The management of their health alongside the management of penal discipline posed complex conundrums to the prison system. Although rarely fully considered at policy level, this balancing act was negotiated by those who lived and worked in prisons on a daily basis.
Mozambique's Cabo Delgado Conflict: International Humanitarian Law and Regional Security (Routledge Studies in Peace, Conflict and Security in Africa)
This book uses a multidisciplinary approach to examine the ongoing conflict in Mozambique’s Cabo Delgado province, which has killed thousands and displaced a million people since 2017.The book investigates how the conflict developed, the regional and international responses and its wider implications. From a broad range of African perspectives, the book addresses issues related to the conflict including international humanitarian law, regional security and terrorism. Part I assesses the regional security concerns of the conflict, the success of cross-border counter-terrorism operations and their implications for the southern African region. Part II focuses on the conflict in relation to international humanitarian law. It discusses the Islamic State's presence in the region, the trajectory and issues pertaining to sexual and gender-based violence and the relationship between the conflict and the environment. Finally, Part III examines regional and continental responses to the conflict, from the military intervention by the Southern African Development Community and Rwanda, to the perceived inaction of the African Union.The first comprehensive analysis of the conflict in Cabo Delgado, this book will be of interest to scholars and practitioners of international humanitarian law, security, African politics, war and conflict studies, terrorism and human rights.
Mozambique's Cabo Delgado Conflict: International Humanitarian Law and Regional Security (Routledge Studies in Peace, Conflict and Security in Africa)
by Marko Svicevic Martha M. BradleyThis book uses a multidisciplinary approach to examine the ongoing conflict in Mozambique’s Cabo Delgado province, which has killed thousands and displaced a million people since 2017.The book investigates how the conflict developed, the regional and international responses and its wider implications. From a broad range of African perspectives, the book addresses issues related to the conflict including international humanitarian law, regional security and terrorism. Part I assesses the regional security concerns of the conflict, the success of cross-border counter-terrorism operations and their implications for the southern African region. Part II focuses on the conflict in relation to international humanitarian law. It discusses the Islamic State's presence in the region, the trajectory and issues pertaining to sexual and gender-based violence and the relationship between the conflict and the environment. Finally, Part III examines regional and continental responses to the conflict, from the military intervention by the Southern African Development Community and Rwanda, to the perceived inaction of the African Union.The first comprehensive analysis of the conflict in Cabo Delgado, this book will be of interest to scholars and practitioners of international humanitarian law, security, African politics, war and conflict studies, terrorism and human rights.
Multidisciplinary Perspectives on Artificial Intelligence and the Law (Law, Governance and Technology Series #58)
by Henrique Sousa Antunes Pedro Miguel Freitas Arlindo L. Oliveira Clara Martins Pereira Elsa Vaz de Sequeira Luís Barreto XavierThis open access book presents an interdisciplinary, multi-authored, edited collection of chapters on Artificial Intelligence (‘AI’) and the Law. AI technology has come to play a central role in the modern data economy. Through a combination of increased computing power, the growing availability of data and the advancement of algorithms, AI has now become an umbrella term for some of the most transformational technological breakthroughs of this age. The importance of AI stems from both the opportunities that it offers and the challenges that it entails. While AI applications hold the promise of economic growth and efficiency gains, they also create significant risks and uncertainty. The potential and perils of AI have thus come to dominate modern discussions of technology and ethics – and although AI was initially allowed to largely develop without guidelines or rules, few would deny that the law is set to play a fundamental role in shaping the future of AI.As the debate over AI is far from over, the need for rigorous analysis has never been greater. This book thus brings together contributors from different fields and backgrounds to explore how the law might provide answers to some of the most pressing questions raised by AI. An outcome of the Católica Research Centre for the Future of Law and its interdisciplinary working group on Law and Artificial Intelligence, it includes contributions by leading scholars in the fields of technology, ethics and the law.
Multinational Corporations in West Africa: Building Decentralized Partnerships (Routledge Research in Business and Economics in Africa)
by Souleymane DoumbiaThis book investigates the relationship that Multinational Corporations form with Local Authorities and governments in West Africa. It argues that informal partnerships at the local level can provide significant socioeconomic benefits to communities and overcome shortfalls in state provision of infrastructure and collective goods and services. Drawing on in-depth case studies in Niger, Ghana and Liberia, the book demonstrates that Decentralized Partnerships benefit from lower transaction costs while maintaining profitability and investment protection, whereas in formal relationships between multinationals and local government, asset specificity and uncertainty are high. By complying with informal rules, which are in many ways just as restrictive as formal rules, Multinational Corporations can adapt and acculturate themselves, become actors of territorial authorities and can get around the incompleteness of the contract that binds them to the state. Reflecting on a range of local projects (educational, infrastructural, health, micro-financial, entrepreneurial), this book provides a rich and detailed assessment of the interactions between Local Authorities and Multinational Firms. The book will be useful to upper-level students and researchers across the fields of economics, business, sociology, anthropology and African studies as well as to development practitioners and regional and international organizations with interest in the functioning of Multinational Corporations in local environments.
Multinational Corporations in West Africa: Building Decentralized Partnerships (Routledge Research in Business and Economics in Africa)
by Souleymane DoumbiaThis book investigates the relationship that Multinational Corporations form with Local Authorities and governments in West Africa. It argues that informal partnerships at the local level can provide significant socioeconomic benefits to communities and overcome shortfalls in state provision of infrastructure and collective goods and services. Drawing on in-depth case studies in Niger, Ghana and Liberia, the book demonstrates that Decentralized Partnerships benefit from lower transaction costs while maintaining profitability and investment protection, whereas in formal relationships between multinationals and local government, asset specificity and uncertainty are high. By complying with informal rules, which are in many ways just as restrictive as formal rules, Multinational Corporations can adapt and acculturate themselves, become actors of territorial authorities and can get around the incompleteness of the contract that binds them to the state. Reflecting on a range of local projects (educational, infrastructural, health, micro-financial, entrepreneurial), this book provides a rich and detailed assessment of the interactions between Local Authorities and Multinational Firms. The book will be useful to upper-level students and researchers across the fields of economics, business, sociology, anthropology and African studies as well as to development practitioners and regional and international organizations with interest in the functioning of Multinational Corporations in local environments.
The Mysterious Mrs Hood: A True Victorian Mystery of Scandal, Arson, Murder & Betrayal
by Kim Donovan'A gripping story of a cold-blooded murder... This is true crime at its best' Wendy Moore'A true crime thriller that pulls you in, with drama so addictive it should be illegal' Sam ChristerA true Victorian murder mystery...Great Yarmouth, September 1900: A young woman is found dead on the beach, a bootlace tied tightly around her neck. Despite her death attracting national attention in the press, nobody claims her. Detective Inspector Robert Lingwood of the Great Yarmouth police force declares he will not rest until the mystery of the young woman's death is solved. But it's only once the case has been referred to Scotland Yard that the layers of mystery start to peel away... 'Mrs Hood' was in fact Mary Jane Bennett, and this is her story. Following clues and tracking red herrings leads the police to close in on their one and only suspect. With arson, fraud, an affair and a sensation-hungry press, the murder gripped the nation in one of the most eagerly anticipated trials of the early twentieth century. Author Kim Donovan finally tells her great-great-aunt's story and the truth of evil duplicity in Victorian England.'As atmospheric and absorbing as any murder mystery... A combination of your favourite whodunnit and your favourite true crime podcast. A real triumph!' Books by Your Bedside blog*A fascinating historical true crime case perfect for fans of The Suspicions of Mr Whicher and The Five*
Nachhaltige Unternehmensstrategien für Dummies (Für Dummies)
by Meike LernerMit der richtigen Nachhaltigkeitsstrategie auf Erfolgskurs Es gibt viele Gründe für Unternehmen, Nachhaltigkeit strategisch zu implementieren. Nicht nur Kunden, Mitarbeiter und Partner legen zunehmend Wert auf nachhaltiges Wirtschaften. Auch viele gesetzliche Vorgaben verlangen von Unternehmen ein nachhaltiges Handeln ? etwa die EU-Taxonomie-Verordnung, das Lieferkettensorgfaltsgesetz oder die Corporate Sustainability Reporting Directive. Und schlie?lich blicken auch Geldgeber im Rahmen ihrer Risikoanalyse sehr genau auf die Nachhaltigkeitsbemühungen von Unternehmen. Wie Ihr Unternehmen Schritt für Schritt auf allen Ebenen nachhaltiger wird und Sie die gesetzlichen Anforderungen einhalten, erfahren Sie in diesem Buch. Sie erfahren Wie Sie die Sustainable Development Goals strategisch setzen Wie Sie eine gesetzeskonforme Nachhaltigkeitsberichterstattung installieren Wie Sie ein nachhaltiges Beschaffungswesen etablieren Wie Sie ein Green Office einrichten
Nachhaltigkeitstransformationen erfolgreich initiieren und gestalten: Psychologische Perspektiven und Handlungsempfehlungen für Manager:innen (essentials)
by Paula Maria BögelDie aktuellen Geschehnisse zeigen, dass eine rasche und entschiedene Wende hin zu einer nachhaltigen Entwicklung unumgänglich ist, wenn wir uns und unseren Planeten retten wollen. Gerade Unternehmen können hier einen großen Beitrag leisten. Trotzdem kommen wir oft nicht ins Handeln oder es fehlen die Mitstreiter:innen im Unternehmen. Das essential stellt die wichtigsten Strategien für eine erfolgreiche Veränderung hin zu mehr Nachhaltigkeit vor und zeigt, wie Mitstreiter:innen für diese Transformation gewonnen werden. Es geht konkret der Frage nach, was wir aus der Psychologie für die Nachhaltigkeitstransformation lernen können. So werden psychologische Theorien verständlich vorgestellt, inspirierende Fallbeispiele gezeigt und konkrete Impulse für die Umsetzung im eigenen Unternehmen (und privatem Umfeld) gegeben.
Name, Image, and Likeness Policies: Institutional Impact and States Responses (Routledge Research in Public Administration and Public Policy)
by Darrell Lovell Daniel MallinsonThis book examines the path that name, image, and likeness (NIL) has taken in the first years of the policy, how the expansion has led to differing approaches across state and universities, and how administrators in selected states are dealing with the rulemaking power they have. After an introduction contextualising how NIL policies have impacted the administrative approach at institutions, the remaining chapters focus on how NIL has altered the role of compliance offices and administrators tasked with monitoring academic and financial activity in athletic departments. Chapters leverage theories of policy diffusion and implementation to offer context on the topics from administrative and policy perspectives, whilst also examining how entrepreneurs are both using the policies to advance the status of the athletic arms of their institutions while dealing with these compliance struggles. The authors conclude with a discussion of an unsettled policy landscape and whether stricter guidelines are on the horizon. Name, Image, and Likeness Policies will appeal to both scholars studying sport and law, public policy, public administration, state politics, and governance, as well as readers seeking to better understand what impacts NIL is having on the college system, and students connected to major sports such as college football and basketball.
Name, Image, and Likeness Policies: Institutional Impact and States Responses (Routledge Research in Public Administration and Public Policy)
by Darrell Lovell Daniel MallinsonThis book examines the path that name, image, and likeness (NIL) has taken in the first years of the policy, how the expansion has led to differing approaches across state and universities, and how administrators in selected states are dealing with the rulemaking power they have. After an introduction contextualising how NIL policies have impacted the administrative approach at institutions, the remaining chapters focus on how NIL has altered the role of compliance offices and administrators tasked with monitoring academic and financial activity in athletic departments. Chapters leverage theories of policy diffusion and implementation to offer context on the topics from administrative and policy perspectives, whilst also examining how entrepreneurs are both using the policies to advance the status of the athletic arms of their institutions while dealing with these compliance struggles. The authors conclude with a discussion of an unsettled policy landscape and whether stricter guidelines are on the horizon. Name, Image, and Likeness Policies will appeal to both scholars studying sport and law, public policy, public administration, state politics, and governance, as well as readers seeking to better understand what impacts NIL is having on the college system, and students connected to major sports such as college football and basketball.
National Courts and the Application of EU Law: Lessons from Poland
by Monika Domańska Dawid Miąsik Monika SzwarcThis book presents the case law of Polish courts, namely the Supreme Court, administrative courts and the Constitutional Tribunal, in which the principles of EU law have been successfully applied. It discusses how Polish courts apply principles of consistent interpretation, primacy and direct effect of EU law in their daily adjudicating practice in order to ensure effet utile of EU law, resulting in effective protection of individuals' rights derived from the EU legal order. The book explores the legal nature of these principles and, in particular, the requirement that national rules that are found to be incompatible with legally binding and enforceable EU law should be disapplied by the domestic courts. It explains Polish courts’ reasoning concerning the inseparable relationship between the principle of primacy of EU law and the remedy of disapplication of national law. As the guidelines provided for the national courts by the Court of Justice of the European Union are often quite vague, the work will be important and useful for academics and practitioners from different European jurisdictions to observe the manner in which these principles of EU law are applied in jurisdictions other than their own.
National Courts and the Application of EU Law: Lessons from Poland
by Monika Domańska Dawid Miąsik Monika SzwarcThis book presents the case law of Polish courts, namely the Supreme Court, administrative courts and the Constitutional Tribunal, in which the principles of EU law have been successfully applied. It discusses how Polish courts apply principles of consistent interpretation, primacy and direct effect of EU law in their daily adjudicating practice in order to ensure effet utile of EU law, resulting in effective protection of individuals' rights derived from the EU legal order. The book explores the legal nature of these principles and, in particular, the requirement that national rules that are found to be incompatible with legally binding and enforceable EU law should be disapplied by the domestic courts. It explains Polish courts’ reasoning concerning the inseparable relationship between the principle of primacy of EU law and the remedy of disapplication of national law. As the guidelines provided for the national courts by the Court of Justice of the European Union are often quite vague, the work will be important and useful for academics and practitioners from different European jurisdictions to observe the manner in which these principles of EU law are applied in jurisdictions other than their own.
National Security in International and Domestic Investment Law: Dynamics in China and Europe (The Rule of Law in China and Comparative Perspectives)
This book offers a dynamic introduction to the new developments on national security review of foreign direct investment (FDI) from the perspectives of both domestic law and international investment law. COVID-19 and the Russian invasion of Ukraine have intensified FDI screening to an unprecedented scale, yet its purposes, scope and potential impact remain ambiguous and controversial. The book first attests the legitimacy of FDI screening by using the theory of National Security Constitution. Part I explicates the national security, public order and public health exceptions clauses in international investment law and the novel EU Regulation on FDI screening. Part II provides an in-depth analysis of FDI screening in China, France, Germany, Italy, the Netherlands, Poland and the UK, which have either witnessed momentous changes in domestic law recently or have adopted new laws to cope with the growing security concerns. The book illustrates how States and the EU are using legal instruments to tackle exigent and emerging challenges and the complexity of national security emanated from foreign investment, in the context of evolving disruptive digital technologies and the structural change of the global economy. The volume will be of great value to a wide range of audiences including academics in investment and trade law, legal practitioners, in-house counsels, policymakers, business professionals and law and business students at the graduate level.
National Security in International and Domestic Investment Law: Dynamics in China and Europe (The Rule of Law in China and Comparative Perspectives)
by Yuwen Li Feng Lin Cheng BianThis book offers a dynamic introduction to the new developments on national security review of foreign direct investment (FDI) from the perspectives of both domestic law and international investment law. COVID-19 and the Russian invasion of Ukraine have intensified FDI screening to an unprecedented scale, yet its purposes, scope and potential impact remain ambiguous and controversial. The book first attests the legitimacy of FDI screening by using the theory of National Security Constitution. Part I explicates the national security, public order and public health exceptions clauses in international investment law and the novel EU Regulation on FDI screening. Part II provides an in-depth analysis of FDI screening in China, France, Germany, Italy, the Netherlands, Poland and the UK, which have either witnessed momentous changes in domestic law recently or have adopted new laws to cope with the growing security concerns. The book illustrates how States and the EU are using legal instruments to tackle exigent and emerging challenges and the complexity of national security emanated from foreign investment, in the context of evolving disruptive digital technologies and the structural change of the global economy. The volume will be of great value to a wide range of audiences including academics in investment and trade law, legal practitioners, in-house counsels, policymakers, business professionals and law and business students at the graduate level.
National Security Law, Procedure and Practice
by Robert Ward David BlundellA comprehensive, detailed and updated account of UK national security law in all its aspects, National Security Law, Procedure and Practice is the only book to collate and explain all the elements of law, both substantive and procedural, and the practical issues which may arise in national security litigation. The specialised nature of the subject makes this book a vital text, not only for those seeking an overview of national security law, but also for experienced practitioners instructed to act in proceedings in which national security issues may arise. The intense media and public scrutiny which accompanies many national security cases makes this book of interest to a wider audience seeking to understand the legal context of such cases. This new edition draws on the professional experience of a team of expert contributors and covers all recent legislation, case law and guidance. It provides a detailed explanation of the National Security Act 2023, which repeals and replaces the existing law relating to state threats. The new Act introduces significant new offences and executive powers, including the power to impose state threat prevention and investigation measures ('STPIMs'), and creates a new scheme for the registration of foreign political influence activities. The second edition also includes analysis of the landmark Supreme Court decision in Shamima Begum, which re-evaluates the respective roles of the government and the courts in national security matters and has ramifications throughout the work; a comprehensive explanation of the National Security and Investment Act 2021; a fully revised chapter on sanctions law; and an updated explanation of the continued impact of EU law on UK national security law. This second edition of National Security Law, Procedure and Practice will be an invaluable resource for judges, policymakers, legislators, oversight bodies, academic experts and students in a variety of legal fields.