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Standards for the Control of Algorithmic Bias: The Canadian Administrative Context
by Natalie Heisler Maura R. GrossmanGovernments around the world use machine learning in automated decision-making systems for a broad range of functions. However, algorithmic bias in machine learning can result in automated decisions that produce disparate impact and may compromise Charter guarantees of substantive equality. This book seeks to answer the question: what standards should be applied to machine learning to mitigate disparate impact in government use of automated decision-making? The regulatory landscape for automated decision-making, in Canada and across the world, is far from settled. Legislative and policy models are emerging, and the role of standards is evolving to support regulatory objectives. While acknowledging the contributions of leading standards development organizations, the authors argue that the rationale for standards must come from the law and that implementing such standards would help to reduce future complaints by, and would proactively enable human rights protections for, those subject to automated decision-making. The book presents a proposed standards framework for automated decision-making and provides recommendations for its implementation in the context of the government of Canada’s Directive on Automated Decision-Making. As such, this book can assist public agencies around the world in developing and deploying automated decision-making systems equitably as well as being of interest to businesses that utilize automated decision-making processes.
The State and New Cinema in Contemporary India: 1960–1997
by Sudha TiwariThis book examines the relationship between the newly independent Indian state and its New Cinema movement. It looks at state formative practices articulating themselves as cultural policy. It presents an institutional history of the Film Finance Corporation (FFC), later the National Film Development Corporation (NFDC), and their patronage of the New Cinema in India, from the 1960s to the 1990s, bringing into focus an extraordinary but neglected cultural moment in Indian film history and in the history of contemporary India. The chapters not only document the artistic pursuit of cinema, but also the emergence of a larger field where the market, political inclinations of the Indian state, and the more complex determinants of culture intersect — how the New Cinema movement faced external challenges from the industrial lobby and politicians, as well as experienced deep rifts from within. It also shows how the Emergency, the Janata Party regime, economic liberalization, and the opening of airwaves all left their impact on the New Cinema. The volume will be of great interest to scholars and researchers of film studies, politics and public policy, especially cultural policy, media and culture studies, and South Asian studies.
The State and New Cinema in Contemporary India: 1960–1997
by Sudha TiwariThis book examines the relationship between the newly independent Indian state and its New Cinema movement. It looks at state formative practices articulating themselves as cultural policy. It presents an institutional history of the Film Finance Corporation (FFC), later the National Film Development Corporation (NFDC), and their patronage of the New Cinema in India, from the 1960s to the 1990s, bringing into focus an extraordinary but neglected cultural moment in Indian film history and in the history of contemporary India. The chapters not only document the artistic pursuit of cinema, but also the emergence of a larger field where the market, political inclinations of the Indian state, and the more complex determinants of culture intersect — how the New Cinema movement faced external challenges from the industrial lobby and politicians, as well as experienced deep rifts from within. It also shows how the Emergency, the Janata Party regime, economic liberalization, and the opening of airwaves all left their impact on the New Cinema. The volume will be of great interest to scholars and researchers of film studies, politics and public policy, especially cultural policy, media and culture studies, and South Asian studies.
Statehood as Political Community: International Law and the Emergence of New States (ASIL Studies in International Legal Theory)
by null Alex GreenAlex Green argues that states arise under contemporary international law only when two abstract conditions are fulfilled. First, emerging states must constitute 'genuine political communities': collectives within which particular kinds of ethically valuable behaviour are possible. Second, such communities must emerge in a manner consistent with the ethical importance of individual political action. This uniquely 'Grotian' theory of state creation provides a clear legal framework comprising four factual 'antecedents' and five procedural principles, rendering the law of statehood both coherent and normatively attractive.
States, Firms, and Their Legal Fictions: Attributing Identity and Responsibility to Artificial Entities (ASIL Studies in International Legal Theory)
by Melissa J. DurkeeThis volume offers a new point of entry into questions about how the law conceives of states and firms. Because states and firms are fictitious constructs rather than products of evolutionary biology, the law dictates which acts should be attributed to each entity, and by which actors. Those legal decisions construct firms and states by attributing identity and consequences to them. As the volume shows, these legal decisions are often products of path dependence or conceptual metaphors like “personhood” that have expanded beyond their original uses. Focusing on attribution, the volume considers an array of questions about artificial entities that are usually divided into doctrinal siloes. These include questions about attribution of international legal responsibility to states and state-owned entities, transnational attribution of liabilities to firms, and attribution of identity rights to corporations. Durkee highlights the artificiality of doctrines that construct firms and states, and therefore their susceptibility to change.
States of Emergency and Human Rights Protection: The Theory and Practice of the Visegrad Countries
by Monika Florczak-Wątor, Fruzsina Gárdos-Orosz, Jan Malíř, and Max SteuerEmergencies are ubiquitous in 21st-century societal discourses. From the rise of emergency pronouncements in the United States since 9/11 accompanied by the associated violations of fundamental rights, through talks of ‘crises’ in the EU in relation to the economy, Putin’s occupation of Crimea (as recently amplified by the full-scale invasion of Ukraine) or refugees, to the long-neglected looming climate catastrophe, emergency discourses have been catapulted to the centre of attention by the critical juncture of the COVID-19 pandemic. This volume presents and compares the existing regulations and practices of emergencies and human rights protection in the Visegrad (V4) countries. As such, the analysis covers Czech Republic, Hungary, Poland, and Slovakia. Although these European countries share a common historical experience and are now members of the EU and NATO, they differ in some of their constitutional traditions and, also, in the dynamics of their political regimes. Divided into three parts, the first two comprehensively discuss the constitutional models of emergency and human rights protection in each of the V4 countries, while the third part illustrates how these models and the general framework of rights protection materialised in the limitations of the selected human rights during the COVID-19 pandemic. The volume provides a compass for more in-depth, comparative, and interdisciplinary inquiries into the forms and practices of emergencies in one of the EU regions that faces illiberalisation and the consequences of the ongoing invasion of Ukraine by the Russian Federation on its eastern borders. It will be a valuable resource for academics, researchers, and policymakers working in the areas of Constitutional Law and Politics.
States of Emergency and Human Rights Protection: The Theory and Practice of the Visegrad Countries
Emergencies are ubiquitous in 21st-century societal discourses. From the rise of emergency pronouncements in the United States since 9/11 accompanied by the associated violations of fundamental rights, through talks of ‘crises’ in the EU in relation to the economy, Putin’s occupation of Crimea (as recently amplified by the full-scale invasion of Ukraine) or refugees, to the long-neglected looming climate catastrophe, emergency discourses have been catapulted to the centre of attention by the critical juncture of the COVID-19 pandemic. This volume presents and compares the existing regulations and practices of emergencies and human rights protection in the Visegrad (V4) countries. As such, the analysis covers Czech Republic, Hungary, Poland, and Slovakia. Although these European countries share a common historical experience and are now members of the EU and NATO, they differ in some of their constitutional traditions and, also, in the dynamics of their political regimes. Divided into three parts, the first two comprehensively discuss the constitutional models of emergency and human rights protection in each of the V4 countries, while the third part illustrates how these models and the general framework of rights protection materialised in the limitations of the selected human rights during the COVID-19 pandemic. The volume provides a compass for more in-depth, comparative, and interdisciplinary inquiries into the forms and practices of emergencies in one of the EU regions that faces illiberalisation and the consequences of the ongoing invasion of Ukraine by the Russian Federation on its eastern borders. It will be a valuable resource for academics, researchers, and policymakers working in the areas of Constitutional Law and Politics.
Steuerlehre 2 Rechtslage 2023: Einkommensteuer, Körperschaftsteuer, Gewerbesteuer, Bewertungsgesetz und Erbschaftsteuer (Bornhofen Steuerlehre 2 LB)
by Manfred Bornhofen Martin C. BornhofenFür die Aus- und Fortbildung in steuer- und wirtschaftsberatenden Berufen ist die Verlässlichkeit steuerrechtlicher Aussagen von höchster Bedeutung. Um dies zu gewährleisten, erscheint die Steuerlehre 2 mit ihren Ertragsteuerthemen in seit Jahrzehnten bewährter Konzeption im Februar eines jeden Jahres mit dem vollständigen Rechtsstand des Vorjahres. Der übersichtlich aufbereitete Lernstoff wird durch regelmäßige Erfolgskontrollen mit Wiederholungsfragen und Übungsaufgaben sinnvoll unterteilt und didaktisch vertieft.Die 44., überarbeitete Auflage berücksichtigt die bis zum 31.12.2023 relevanten Aktualisierungen, neben neuen BMF-Schreiben, aktualisierten Verordnungen, aktueller Rechtsprechung insbesondere das Jahressteuergesetz 2022, das Vierte Corona-Steuerhilfegesetz, das Inflationsausgleichsgesetz, das Kreditzweitmarktförderungsgesetz sowie den Entwurf des Wachstumschancengesetzes und sonstige Änderungen. Darüber hinaus wird ein Ausblick auf die Rechtslage 2024 geboten.Aktuell mit der Lern-App Springer Nature Flashcards + eBook inside!Die Steuerlehre 2 bietet Ihnen freien Zugang zu der Lern-App Springer Nature Flashcards. Diese App ermöglicht Ihnen interaktives Lernen und unterstützt Sie mit zusätzlichen Fragen beim Erfassen und Wiederholen der Lerninhalte. Zudem erscheint die gesamte Bornhofen Edition mit eBook inside, um Ihnen das digitale Arbeiten (z.B. durch Verlinkung mit weiterführenden Materialien) zu erleichtern – relevante und innovative Mehrwerte für alle Lehrenden und Lernenden.Steuerlehre 1 und Buchführung 1 erscheinen der laufenden Rechtslage angepasst stets im Juni, Steuerlehre 2 und Buchführung 2 mit dem vollständigen Rechtsstand des Vorjahres stets im Februar eines jeden Kalenderjahres.Begleitend zum Lehrbuch ist auch ein Lösungsbuch mit weiteren Prüfungsaufgaben und Lösungen zur Rechtslage des Jahres 2023 (ISBN 978-3-658-43314-7) erhältlich.
Steuerstrafrecht (Springer-Lehrbuch)
by Dennis Bock Friedrich Sebastian FülscherDieses Buch enthält – insbesondere für Studierende, aber auch Berufseinsteiger – eine Einführung in das Steuerstrafrecht sowohl in materieller als auch verfahrensrechtlicher Hinsicht. Die Autoren aus Wissenschaft und Praxis verbinden ihre Erfahrungen zu einem mit zahlreichen Beispielsfällen (vornehmlich aus der aktuellen Rechtsprechung) versehenen Lehrwerk, welches sich zum Ziel setzt, eine auf den ersten Blick nicht leicht zugängliche Materie einprägsam darzustellen.
The Stoic Mindset: 10 Ancient Lessons for Modern Life
by Mark TuitertDiscover how the ancient wisdom of the Stoics provides the essential tools you need to navigate the modern world.'Relatable and inspiring ... Get ready to be motivated to live a more Stoic life' - Donald Robertson, author of How to Think Like a Roman EmperorElite sportsman Mark Tuitert used the principles of Stoic philosophy to become an Olympic gold medallist, champion athlete and successful entrepreneur, overcoming a series of challenges in his professional and private life. Now, in this internationally bestselling book, he lays out the ten practical lessons through which anyone, in any situation, can develop a Stoic mindset.Applying the teachings of the Stoic masters, including Marcus Aurelius, Seneca and Epictetus to the twenty-first century, Tuitert empowers you to discover how Stoicism can change your life and help you reach your full potential. He distils thousands of years of Stoic philosophy into ten short principles, with takeaways at the end of each chapter to help readers turn theory into practice – from making major life decisions to sharing goals, from fostering teamwork to handling emotions.With this book as your guide, you will become trained in the art of finding fulfilment in a chaotic and unpredictable world, developing a mindset for a more robust, balanced and happier way of being.
The Straight Bill of Lading
by Michiel SpanjaartThe bill of lading has been the subject of numerous articles, dissertations, and textbooks over the years, and this is hardly surprising. The bill of lading has a fascinating history, it has several functions with roots in both contract and property law, and its issuance may trigger the application of an international convention on the carriage of goods by sea, the Hague–Visby Rules. Whereas most books on the subject deal with the bill of lading in general, this book zooms in on the straight bill of lading and covers the differences (and similarities) with a negotiable (order or bearer) bill of lading.
The Straight Bill of Lading
by Michiel SpanjaartThe bill of lading has been the subject of numerous articles, dissertations, and textbooks over the years, and this is hardly surprising. The bill of lading has a fascinating history, it has several functions with roots in both contract and property law, and its issuance may trigger the application of an international convention on the carriage of goods by sea, the Hague–Visby Rules. Whereas most books on the subject deal with the bill of lading in general, this book zooms in on the straight bill of lading and covers the differences (and similarities) with a negotiable (order or bearer) bill of lading.
Strategic Litigation and Corporate Complicity in Crimes Under International Law: A TWAIL Analysis
by Kalika MehtaThis book provides a comprehensive account of how non-state actors rely on international criminal law as a tool in the service of progressive political causes. The argument that international criminal law and its institutions serve as an instrument in the hands of a few powerful states, and that its practice is characterized by double standards and selectivity, has received considerable attention. This book, however, focuses on a practice that is informed by this argument. Its focus is on an alternative practice within international criminal law, where non-state actors navigate what critical scholars call a structurally biased legal system, in order to achieve long-term political objectives. Innovatively, the book combines the concerns expressed by Third World Approaches to International Law with strategic litigation that focuses on the accountability of corporations for their complicity in crimes under international law. Analysing this litigation, the book demonstrates that, while it is crucial to highlight the blind spots of the international criminal legal framework, it is also important to take into account the practice of non-state actors engaged in leveraging its emancipatory potential. This original analysis of the implementation and legitimacy of international criminal law will be of interest to a wide range of scholars and activists working in relevant areas of law, politics, criminology and international relations.
Strategic Litigation and Corporate Complicity in Crimes Under International Law: A TWAIL Analysis
by Kalika MehtaThis book provides a comprehensive account of how non-state actors rely on international criminal law as a tool in the service of progressive political causes. The argument that international criminal law and its institutions serve as an instrument in the hands of a few powerful states, and that its practice is characterized by double standards and selectivity, has received considerable attention. This book, however, focuses on a practice that is informed by this argument. Its focus is on an alternative practice within international criminal law, where non-state actors navigate what critical scholars call a structurally biased legal system, in order to achieve long-term political objectives. Innovatively, the book combines the concerns expressed by Third World Approaches to International Law with strategic litigation that focuses on the accountability of corporations for their complicity in crimes under international law. Analysing this litigation, the book demonstrates that, while it is crucial to highlight the blind spots of the international criminal legal framework, it is also important to take into account the practice of non-state actors engaged in leveraging its emancipatory potential. This original analysis of the implementation and legitimacy of international criminal law will be of interest to a wide range of scholars and activists working in relevant areas of law, politics, criminology and international relations.
Strategische Wahrheiten: Desinformation und Postfakten in der strategischen Kommunikation
by Olaf Hoffjann Lucas Seeber Ina von der WenseStrategische Kommunikation zielt mit ihren kontingenten Wirklichkeitsbeschreibungen seit jeher auf gesellschaftliche Wahrheitsmodelle. Wie häufig gesellschaftliche Wahrheitsmodelle auf strategische Kommunikationsbemühungen zurückgehen, auf Unwahrhaftigkeit beruhen und damit zumindest zeitweise zu strategischen Wahrheiten werden, zeigen eindrucksvoll zwischenzeitlich geglaubte Wahrheiten, die sich als Lüge entpuppt haben: von Walter Ulbrichts „Niemand hat die Absicht, eine Mauer zu errichten“ über Hitlers Tagebücher bis hin zu den Massenvernichtungswaffen im Irak. Die erfolgreichen Kampagnen der Brexiteers und von Donald Trump 2016 haben diesem Thema zu neuer und bislang ungeahnter Aufmerksamkeit verholfen. Während die Themen Desinformation und postfaktische Gesellschaft die Journalismus-, politische Kommunikations- und Medienethikforschung aktuell zu dominieren scheinen, ist das Schweigen der deutschsprachigen und internationalen PR- und Organisationskommunikationsforschung auffällig. Dies ist umso bemerkenswerter, weil die PR-Wissenschaft in der Vergangenheit immer wieder versucht hat, ihren Gegenstand zu schärfen, indem sie sich am Begriff der Propaganda abgearbeitet hat. Daraus müsste eigentlich eine Affinität für das Thema Desinformation resultieren. Aber genau das Gegenteil ist offensichtlich der Fall: Hat sich die PR-Wissenschaft gerade deshalb nicht mit Desinformation beschäftigt, weil sie sich so dezidiert von Propaganda und darin eingeschlossenen desinformierenden und manipulativen Techniken abgrenzen will? Was sind die Gründe hierfür? Glauben wir, bereits alles zum Thema gesagt zu haben? Liegt dies daran, dass sich die PR- und Organisationskommunikationsforschung seit jeher vor allem für Unternehmen und weniger für politische und Non-Profit-Organisationen interessiert? Oder fühlen wir uns hier schlicht und ergreifend nicht zuständig? Es scheint offenkundig höchste Zeit zu sein, sich wieder eingehend mit Fragen der Desinformation aus der Perspektive der strategischen Kommunikationsforschung zu befassen. Die Beiträge des Tagungsbandes fokussieren hierzu auf neue theoretische Perspektiven, normative Bewertungen und empirische Befunde.
Strategy and Leadership as Service: How the Access Economy Meets the C-Suite
by Sara DawStrategy and Leadership as Service isn’t just a nice idea; it is a practical, alternative vision of the future of work for senior executives that is starting to gain significant interest and is being adopted by businesses globally. Disrupting and challenging the traditional full-time employment model, the Strategy and Leadership as Service framework provides businesses with access to the complete range of functional, emotional, and collective intelligence at the C-suite level by moving their positions from the “pay-roll” to an “access-role.”Many entrepreneurial and growing businesses don’t need, don’t want, and can’t afford full-time C-suite executives. For larger organisations, it is becoming harder to find the skills and knowledge required to fulfil all the obligations of a functional C-suite with a fixed group of individuals. By moving to the Strategy and Leadership as Service framework, the outcomes are better for all stakeholders: more engagement, access to the right skillsets and mindsets at the right time and in the right quantity to match the changing business agenda, more flexibility for senior leaders, and strengthened risk management. Through presenting a working business model, and real-world case studies throughout, this book provides executives and leaders with a complete understanding of this ground-breaking approach and its key benefits, the theory upon which it is based, its essential ingredients, the mindset change required and, most importantly, how to apply it in practice.The book provides business leaders, C-suite portfolio executives, human resource professionals, strategy consultants, leadership coaches, organisational development consultants, recruiters, professional service firms, academics, and forward-thinking business students with a radical new view of how the access economy can be applied to business strategy and leadership for more sustainable futures.
Strategy and Leadership as Service: How the Access Economy Meets the C-Suite
by Sara DawStrategy and Leadership as Service isn’t just a nice idea; it is a practical, alternative vision of the future of work for senior executives that is starting to gain significant interest and is being adopted by businesses globally. Disrupting and challenging the traditional full-time employment model, the Strategy and Leadership as Service framework provides businesses with access to the complete range of functional, emotional, and collective intelligence at the C-suite level by moving their positions from the “pay-roll” to an “access-role.”Many entrepreneurial and growing businesses don’t need, don’t want, and can’t afford full-time C-suite executives. For larger organisations, it is becoming harder to find the skills and knowledge required to fulfil all the obligations of a functional C-suite with a fixed group of individuals. By moving to the Strategy and Leadership as Service framework, the outcomes are better for all stakeholders: more engagement, access to the right skillsets and mindsets at the right time and in the right quantity to match the changing business agenda, more flexibility for senior leaders, and strengthened risk management. Through presenting a working business model, and real-world case studies throughout, this book provides executives and leaders with a complete understanding of this ground-breaking approach and its key benefits, the theory upon which it is based, its essential ingredients, the mindset change required and, most importantly, how to apply it in practice.The book provides business leaders, C-suite portfolio executives, human resource professionals, strategy consultants, leadership coaches, organisational development consultants, recruiters, professional service firms, academics, and forward-thinking business students with a radical new view of how the access economy can be applied to business strategy and leadership for more sustainable futures.
The Struggle over Law in Europe (ISSN)
by Aldo SandulliThis book examines the role of law in Europe at a time when economic policies have become dominant not only on this continent but globally. Can law be seen as a mere infrastructure? Or does it contribute to defining the social and legal order through its own inherent rules? If the second hypothesis is true, what might these rules be, and how may they be identified? Lastly, to what extent can agreeing a definition of the role of law affect the future of Europe? With the Next Generation European Union, the EU has introduced an unprecedented investment plan for economic recovery and resilience. In doing so, it has become the most important financial intermediary on the continent. But is this simply the prelude to a European economic and financial revival, or does it also aim to strengthen the European legal order in social, political, and constitutional terms? This book argues that the role of law in Europe should be to achieve a balanced relationship between freedom and solidarity; encouraging economic competition, but also social cohesion. Analyzing the role of law in the project of European integration, it maintains that law should be more than an infrastructure for finance and economics, showing how it can act as a guide and a binding force to achieve a more balanced relationship between economics, politics, and law. This book will be of interest to scholars in the fields of public law, European law, law and economics, the philosophy of law, legal history, political theory, and political science, as well as others concerned with the future of European integration.
The Struggle over Law in Europe (ISSN)
by Aldo SandulliThis book examines the role of law in Europe at a time when economic policies have become dominant not only on this continent but globally. Can law be seen as a mere infrastructure? Or does it contribute to defining the social and legal order through its own inherent rules? If the second hypothesis is true, what might these rules be, and how may they be identified? Lastly, to what extent can agreeing a definition of the role of law affect the future of Europe? With the Next Generation European Union, the EU has introduced an unprecedented investment plan for economic recovery and resilience. In doing so, it has become the most important financial intermediary on the continent. But is this simply the prelude to a European economic and financial revival, or does it also aim to strengthen the European legal order in social, political, and constitutional terms? This book argues that the role of law in Europe should be to achieve a balanced relationship between freedom and solidarity; encouraging economic competition, but also social cohesion. Analyzing the role of law in the project of European integration, it maintains that law should be more than an infrastructure for finance and economics, showing how it can act as a guide and a binding force to achieve a more balanced relationship between economics, politics, and law. This book will be of interest to scholars in the fields of public law, European law, law and economics, the philosophy of law, legal history, political theory, and political science, as well as others concerned with the future of European integration.
The Subject of Copyright: Perspectives from Law, Aesthetics and Cognitive Science (Routledge Research in Intellectual Property)
by Ewa Laskowska-LitakExploring the concept of copyright subject matter through the lenses of law, aesthetics and cognitive science, this book describes the historical evolution of a work into an artefact that qualifies as copyrightable subject matter. Discussing the originality requirement towards an artefactual understating of intangible goods, copyright’s present struggles with modern societies and technologies, and growing inequalities between rights holders and producers, the book adopts an interdisciplinary approach based on studies in law, aesthetics, neuroscience, and cognitive science to present a novel perspective on the non-artefactual and contextual identification of copyright subject matter. The book examines the challenges raised by aesthetic and neuroaesthetic concepts and cognitive studies, seeking to create a unifying framework of identification strategies for modern copyright law which embrace historical, philosophical and social perspectives, the book develops a research methodology that offers a new interdisciplinary and holistic approach for understanding the subject of copyright and better addressing the needs of modern society, technology and business models. Touching on normative understandings of creativity and legal-philosophical, aesthetic, and cognitive considerations with regard to the idea/expression dichotomy in copyright law, the book will be of immense interest to legal scholars, legal philosophers, aestheticians and neuroaestheticians.
The Subject of Copyright: Perspectives from Law, Aesthetics and Cognitive Science (Routledge Research in Intellectual Property)
by Ewa Laskowska-LitakExploring the concept of copyright subject matter through the lenses of law, aesthetics and cognitive science, this book describes the historical evolution of a work into an artefact that qualifies as copyrightable subject matter. Discussing the originality requirement towards an artefactual understating of intangible goods, copyright’s present struggles with modern societies and technologies, and growing inequalities between rights holders and producers, the book adopts an interdisciplinary approach based on studies in law, aesthetics, neuroscience, and cognitive science to present a novel perspective on the non-artefactual and contextual identification of copyright subject matter. The book examines the challenges raised by aesthetic and neuroaesthetic concepts and cognitive studies, seeking to create a unifying framework of identification strategies for modern copyright law which embrace historical, philosophical and social perspectives, the book develops a research methodology that offers a new interdisciplinary and holistic approach for understanding the subject of copyright and better addressing the needs of modern society, technology and business models. Touching on normative understandings of creativity and legal-philosophical, aesthetic, and cognitive considerations with regard to the idea/expression dichotomy in copyright law, the book will be of immense interest to legal scholars, legal philosophers, aestheticians and neuroaestheticians.
The Subjects and Subjectivities of International Criminal Law: A Critical Introduction (Kent Critical Law Series)
by Dr Emily HaslamThis book provides a critical introduction to the core elements of international criminal law. It does so by provoking thought on what international criminal law is, or could be, by contrasting the practice of widely recognised state-based actors and institutions such as the International Criminal Court with practices associated with non-state actors in particular citizens' tribunals.International criminal law is now established as an essential legal and institutional response to atrocity. However, it faces a series of political and practical challenges. It is vital to consider its limits and potential, as well as the ways and extent to which those limitations might be addressed. Many actors with very different visions of its nature and parameters play a role in shaping the meaning of international criminal law whether that be in official or unofficial spaces.This book explores the principles and institutions of international criminal law alongside the alternative visions of it put forward by citizens' tribunals. In so doing it encourages reflection on that law's multiple meanings and usages in order to provoke consideration of what it means, and might mean, to deploy international criminal law today.
Sui Generis Intellectual Property Protection: Comparison of EU and U.S. Regulatory Approaches (Perspectives in Law, Business and Innovation)
by Iana KazeevaThe standard forms of intellectual property protection, namely, copyright, patents, trademarks and trade secrets, have a long history and are well regulated in the legislative systems of most jurisdictions. However, there are specific kinds of subject matter that, due to their characteristics, cannot be adequately protected by these standard forms of intellectual property instruments. At the same time, these categories of subject matter require legal protection in order to ensure the balance between the public's access to these creations and the creators' rights. For these reasons, many jurisdictions introduce a special form of intellectual property protection, namely, sui generis regime, i.e., intellectual property legal regime “of its own kind”, designed to serve the specific needs of a particular subject matter. This book analyzes the intellectual property protection regimes in the EU and the U.S. available for three categories of subject matter that are often considered as requiring sui generis protection, namely, databases, designs and plant varieties. One of the main objectives is to evaluate whether the chosen subject matter in fact requires sui generis intellectual property protection and whether the introduced sui generis regimes have proved to be successful over time. The final chapter of this book analyses the perspectives of sui generis intellectual property protection for works generated by AI systems. This volume offers a comprehensive analysis of sui generis intellectual property rights and will be a key source for both scholars and practitioners with an interest in intellectual property law.
Supermajorities in Constitutional Courts
by Mauro Arturo Rivera LeónConstitutional adjudication is a subject of fascination for scholars. Judges may annul the will of a democratically elected Parliament in counter-majoritarian fashion. Although conceived as a remedy against majoritarianism, judges also decide cases by voting. Whether they do so through simple majorities or supermajorities is not trivial.The debate around supermajorities has awakened anew amidst theories of judicial limitation and new conceptions of judicial review. This book advances our knowledge of systems employing supermajorities in constitutional adjudication by performing a comparative analysis of ten jurisdictions and twelve supermajority models. It introduces a typology of the main models of institutional design, the reasons leading policymakers to establish them, and the impact supermajorities have on courts. It explores the question of whether supermajorities grant deference and foster consensus, or if they disable constitutional courts from exercising judicial review. By analyzing the history, practice, and effects of supermajority rules in courts, this book contributes to an ongoing conversation on the democratic implications of voting protocols in constitutional courts. It will be a valuable resource for policy-makers, scholars, and researchers working in the areas of comparative constitutional law and constitutional politics.The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution (CC-BY) 4.0 license.
Supermajorities in Constitutional Courts
by Mauro Arturo Rivera LeónConstitutional adjudication is a subject of fascination for scholars. Judges may annul the will of a democratically elected Parliament in counter-majoritarian fashion. Although conceived as a remedy against majoritarianism, judges also decide cases by voting. Whether they do so through simple majorities or supermajorities is not trivial.The debate around supermajorities has awakened anew amidst theories of judicial limitation and new conceptions of judicial review. This book advances our knowledge of systems employing supermajorities in constitutional adjudication by performing a comparative analysis of ten jurisdictions and twelve supermajority models. It introduces a typology of the main models of institutional design, the reasons leading policymakers to establish them, and the impact supermajorities have on courts. It explores the question of whether supermajorities grant deference and foster consensus, or if they disable constitutional courts from exercising judicial review. By analyzing the history, practice, and effects of supermajority rules in courts, this book contributes to an ongoing conversation on the democratic implications of voting protocols in constitutional courts. It will be a valuable resource for policy-makers, scholars, and researchers working in the areas of comparative constitutional law and constitutional politics.The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution (CC-BY) 4.0 license.