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Banking and Finance Dispute Resolution in Hong Kong: The Suitability of Arbitration in Private Disputes (Practical Finance and Banking Guides)
by Sau Wai LawThis book examines the concept of “Naming, Blaming, Claiming” in the application of arbitration for private banking dispute resolution. With dispute resolution proving to be a barrier for efficient operation of private banking, the author focuses on examining the Hong Kong context, blending theory and empirical evidence to provide readers with an understanding of how current disputes are resolved within the banking and finance industry, which will enable them to explore possible effective and efficient mechanisms to resolve their own financial disputes. The book offers a comprehensive review of the laws and regulations governing the private banking industry in Hong Kong and selected jurisdictions, as well as how they are implemented. It examines the clients’ perceptions through an innovative methodology for empirical studies. Describing how clients react to the laws and regulations and the potential adverse impacts to the stability of the banking industry, the author identifies possible factors that could trigger another financial crisis. Synthesising his analysis, the author proposes newly discovered self-corrective mechanisms embedded among clients and concludes with policy recommendations. Directly relevant to banking practitioners, particularly legal and compliance departments, and senior management, the book is also written for legal professionals interested in the practices of dispute resolution in banking and finance. Additional readerships will include bank regulators, government officials and policy makers, researchers and those involved in courses in banking and financial law.
Banking and Finance Dispute Resolution in Hong Kong: The Suitability of Arbitration in Private Disputes (Practical Finance and Banking Guides)
by Sau Wai LawThis book examines the concept of “Naming, Blaming, Claiming” in the application of arbitration for private banking dispute resolution. With dispute resolution proving to be a barrier for efficient operation of private banking, the author focuses on examining the Hong Kong context, blending theory and empirical evidence to provide readers with an understanding of how current disputes are resolved within the banking and finance industry, which will enable them to explore possible effective and efficient mechanisms to resolve their own financial disputes. The book offers a comprehensive review of the laws and regulations governing the private banking industry in Hong Kong and selected jurisdictions, as well as how they are implemented. It examines the clients’ perceptions through an innovative methodology for empirical studies. Describing how clients react to the laws and regulations and the potential adverse impacts to the stability of the banking industry, the author identifies possible factors that could trigger another financial crisis. Synthesising his analysis, the author proposes newly discovered self-corrective mechanisms embedded among clients and concludes with policy recommendations. Directly relevant to banking practitioners, particularly legal and compliance departments, and senior management, the book is also written for legal professionals interested in the practices of dispute resolution in banking and finance. Additional readerships will include bank regulators, government officials and policy makers, researchers and those involved in courses in banking and financial law.
Banking Law and Financial Regulation in Pakistan: The Role of Lender of Last Resort
by Muhammad Hassan IdreesThis book offers an analysis of the contemporary significance of the practice of Lender of Last Resort (LOLR) in Pakistan. Aiming to identify deficiencies in current financial system legislation, the book details the role of LOLR and its essential presence in establishing a resilient banking and financial system.Beginning with an assessment of the emergence of Central Banks as domestic financial regulators, the book draws from the principles of Walter Bagehot and Henry Thornton for LOLR rescue operations. Examining the International Monetary Fund’s (IMF) role as an international lender of last resort and scrutinising its rescue efforts, the book uses case studies of the Central Banks in the United Kingdom and the United States to suggest reforms for Pakistan’s system. It explores the causes of financial crises and evaluates the factors that have made LOLR an integral part of Central Banks’ responsibilities. It compares LOLR operations in the cases of AIG and Lehman Brothers in the United States and Northern Rock in the United Kingdom, comparing these two cases in Pakistan to pinpoint key gaps in the State Bank of Pakistan’s LOLR operations. Furthermore, it discusses the Basel Accord I, II, and III: the key international regulations for the banking sector.The book will be of interest to scholars and students in the field of financial and banking law.
Banking Law and Financial Regulation in Pakistan: The Role of Lender of Last Resort
by Muhammad Hassan IdreesThis book offers an analysis of the contemporary significance of the practice of Lender of Last Resort (LOLR) in Pakistan. Aiming to identify deficiencies in current financial system legislation, the book details the role of LOLR and its essential presence in establishing a resilient banking and financial system.Beginning with an assessment of the emergence of Central Banks as domestic financial regulators, the book draws from the principles of Walter Bagehot and Henry Thornton for LOLR rescue operations. Examining the International Monetary Fund’s (IMF) role as an international lender of last resort and scrutinising its rescue efforts, the book uses case studies of the Central Banks in the United Kingdom and the United States to suggest reforms for Pakistan’s system. It explores the causes of financial crises and evaluates the factors that have made LOLR an integral part of Central Banks’ responsibilities. It compares LOLR operations in the cases of AIG and Lehman Brothers in the United States and Northern Rock in the United Kingdom, comparing these two cases in Pakistan to pinpoint key gaps in the State Bank of Pakistan’s LOLR operations. Furthermore, it discusses the Basel Accord I, II, and III: the key international regulations for the banking sector.The book will be of interest to scholars and students in the field of financial and banking law.
Basic Equality
by Paul SagarAn innovative argument that vindicates our normative commitment to basic equality, synthesising philosophy, history, and psychologyWhat makes human beings one another&’s equals? That we are "basic equals" has become a bedrock assumption in Western moral and political philosophy. And yet establishing why we ought to believe this claim has proved fiendishly difficult, floundering in the face of the many inequalities that characterise the human condition. In this provocative work, Paul Sagar offers a novel approach to explaining and justifying basic equality. Rather than attempting to find an independent foundation for basic equality, he argues, we should instead come to see our commitment to this idea as the result of the practice of treating others as equals. Moreover, he continues, it is not enough to grapple with the problem through philosophy alone—by just thinking very hard, in our armchairs; we must draw insights from history and psychology as well.Sagar writes that, as things stand, there appear to be no good arguments for believing in the truth of basic equality. Indeed, for much of Western intellectual history and social practice, basic inequality has been the default position. How is it then, Sagar asks, that in Western societies, in a period of less than a century, basic equality emerged as the dominant view? Sagar approaches this not as a mere philosophical puzzle, but as a dramatic historical development. In so doing, he shows us what is at stake when human beings treat one another as equals just because they are human beings.
Baumgarten’s Philosophical Ethics: A Critical Translation (Kant’s Sources in Translation)
by Alexander Gottlieb BaumgartenAlexander Baumgarten's Ethica Philosophica (1740) served as a chief textbook of philosophical instruction in German universities for several decades, and was used by Immanuel Kant for his lectures on moral philosophy between 1759 and 1794. Now translated into English for the first time, John Hymers explores the extent of Baumgarten's influence on the development of German philosophy. Accompanied by an introduction to Baumgarten and his work, this translation features an explanation of the main themes of the Ethica Philosophica, touching upon its relation to Christian Wolff and G.F. Meier's practical philosophy, but focusing especially on its role in Kant's lectures. First-time translations of elucidatory passages from the writings of Meier, Wolff, and Heinrich Köhler appear together with the relevant transcriptions of Kant's lectures on ethics. Based on a thorough knowledge of the original text, Hymers' clear translation and supporting material makes it possible to distinguish Kant's own remarks and insights from his attempts to expound and summarize Baumgarten's ideas. This is a much-needed contribution for anyone working in the history of modern philosophy.
Begetting: What Does It Mean to Create a Child?
by Mara van der LugtAn investigation of what it means to have children—morally, philosophically and emotionally&“Do you want to have children?&” is a question we routinely ask each other. But what does it mean to create a child? Is this decision always justified? Does anyone really have the moral right to create another person? In Begetting, Mara van der Lugt attempts to fill in the moral background of procreation. Drawing on both philosophy and popular culture, van der Lugt does not provide a definitive answer on the morality of having a child; instead, she helps us find the right questions to ask.Most of the time, when we talk about whether to have children, what we are really talking about is whether we want to have children. Van der Lugt shows why this is not enough. To consider having children, she argues, is to interrogate our own responsibility and commitments, morally and philosophically and also personally. What does it mean to bring a new creature into the world, to decide to perform an act of creation? What does it mean to make the decision that life is worth living on behalf of a person who cannot be consulted? These questions are part of a conversation we should have started long ago. Van der Lugt does not ignore the problematic aspects of procreation—ethical, environmental and otherwise. But she also acknowledges the depth and complexity of the intensely human desire to have a child of our own blood and our own making.
Begetting: What Does It Mean to Create a Child?
by Mara van der LugtAn investigation of what it means to have children—morally, philosophically and emotionally&“Do you want to have children?&” is a question we routinely ask each other. But what does it mean to create a child? Is this decision always justified? Does anyone really have the moral right to create another person? In Begetting, Mara van der Lugt attempts to fill in the moral background of procreation. Drawing on both philosophy and popular culture, van der Lugt does not provide a definitive answer on the morality of having a child; instead, she helps us find the right questions to ask.Most of the time, when we talk about whether to have children, what we are really talking about is whether we want to have children. Van der Lugt shows why this is not enough. To consider having children, she argues, is to interrogate our own responsibility and commitments, morally and philosophically and also personally. What does it mean to bring a new creature into the world, to decide to perform an act of creation? What does it mean to make the decision that life is worth living on behalf of a person who cannot be consulted? These questions are part of a conversation we should have started long ago. Van der Lugt does not ignore the problematic aspects of procreation—ethical, environmental and otherwise. But she also acknowledges the depth and complexity of the intensely human desire to have a child of our own blood and our own making.
Belonging without Othering: How We Save Ourselves and the World
by john a. powell Stephen MenendianThe root of all inequality is the process of othering – and its solution is the practice of belonging We all yearn for connection and community, but we live in a time when calls for further division along the well-wrought lines of religion, race, ethnicity, caste, and sexuality are pervasive. This ubiquitous yet elusive problem feeds on fears – created, inherited – of the "other." While the much-touted diversity, equity, and inclusion initiatives are undeniably failing, and activists narrowly focus on specific and sometimes conflicting communities, Belonging without Othering prescribes a new approach that encourages us to turn toward one another in unprecedented and radical ways. The pressures that separate us have a common root: our tendency to cast people and groups in irreconcilable terms – or the process of "othering." This book gives vital language to this universal problem, unveiling its machinery at work across time and around the world. To subvert it, john a. powell and Stephen Menendian make a powerful and sweeping case for adopting a paradigm of belonging that does not require the creation of an "other." This new paradigm hinges on transitioning from narrow to expansive identities – even if that means challenging seemingly benevolent forms of community-building based on othering. As the threat of authoritarianism grows across the globe, this book makes the case that belonging without othering is the necessary, but not the inevitable, next step in our long journey toward creating truly equitable and thriving societies. The authors argue that we must build institutions, cultivate practices, and orient ourselves toward a shared future, not only to heal ourselves, but perhaps to save our planet as well. Brimming with clear guidance, sparkling insights, and specific examples and practices, Belonging without Othering is a future-oriented exploration that ushers us in a more hopeful direction.
Belonging without Othering: How We Save Ourselves and the World
by john a. powell Stephen MenendianThe root of all inequality is the process of othering – and its solution is the practice of belonging We all yearn for connection and community, but we live in a time when calls for further division along the well-wrought lines of religion, race, ethnicity, caste, and sexuality are pervasive. This ubiquitous yet elusive problem feeds on fears – created, inherited – of the "other." While the much-touted diversity, equity, and inclusion initiatives are undeniably failing, and activists narrowly focus on specific and sometimes conflicting communities, Belonging without Othering prescribes a new approach that encourages us to turn toward one another in unprecedented and radical ways. The pressures that separate us have a common root: our tendency to cast people and groups in irreconcilable terms – or the process of "othering." This book gives vital language to this universal problem, unveiling its machinery at work across time and around the world. To subvert it, john a. powell and Stephen Menendian make a powerful and sweeping case for adopting a paradigm of belonging that does not require the creation of an "other." This new paradigm hinges on transitioning from narrow to expansive identities – even if that means challenging seemingly benevolent forms of community-building based on othering. As the threat of authoritarianism grows across the globe, this book makes the case that belonging without othering is the necessary, but not the inevitable, next step in our long journey toward creating truly equitable and thriving societies. The authors argue that we must build institutions, cultivate practices, and orient ourselves toward a shared future, not only to heal ourselves, but perhaps to save our planet as well. Brimming with clear guidance, sparkling insights, and specific examples and practices, Belonging without Othering is a future-oriented exploration that ushers us in a more hopeful direction.
Beneficial Ownership and Legal Responsibility: Concealment, Avoidance and Impunity (The Law of Financial Crime)
by Paul BeckettThis book explores the connection between ownership, on one hand, and immunity from legal responsibility, on the other. It presents a definition of the concept of beneficial ownership, the reasons for its concealment, and failures in international legal structures and arrangements. Globally, States confront complex criminality, such as corruption, tax evasion, doctrinal fanaticism, trafficked slaves, terrorism and, war. At the personal level, men and women may seek to escape their creditors, to disinherit unwanted heirs, to cheat divorced partners, and to appear straightforward when this is not the case. The response of politicians and regulators has been a global State initiative to identify beneficial owners via public registers to promote transparency and accountability. Yet, at the same time, there is an equally powerful global and personal counter-initiative to promote beneficial ownership avoidance. Where there is no owner, there is no accountability. This book examines what “ownership” means in legal terms across multiple legal systems and explains why singling out “ownership” as being pivotal to State and personal accountability is a strategy both flawed and disingenuous. It is argued that an apparent lack of political will coupled with shape-shifting definitions of “ownership” have resulted in tokenism. Particular attention is paid to those “orphan” structures which have evolved from standard models, or which have been designed for the purpose in each case of facilitating ownership concealment and avoidance. The author explains how the virtual world of the blockchain, crypto-assets and cryptocurrency, and virtual entities such as the Decentralised Autonomous Organisation (DAO), all of which elude legal classification, have opened a new world of possibilities. Applicable across all jurisdictions and legal systems, the book will be a valuable resource for academics, researchers, and policy-makers working in the areas of Financial Crime, Regulation, Compliance, Business, and Accountancy.
Beneficial Ownership and Legal Responsibility: Concealment, Avoidance and Impunity (The Law of Financial Crime)
by Paul BeckettThis book explores the connection between ownership, on one hand, and immunity from legal responsibility, on the other. It presents a definition of the concept of beneficial ownership, the reasons for its concealment, and failures in international legal structures and arrangements. Globally, States confront complex criminality, such as corruption, tax evasion, doctrinal fanaticism, trafficked slaves, terrorism and, war. At the personal level, men and women may seek to escape their creditors, to disinherit unwanted heirs, to cheat divorced partners, and to appear straightforward when this is not the case. The response of politicians and regulators has been a global State initiative to identify beneficial owners via public registers to promote transparency and accountability. Yet, at the same time, there is an equally powerful global and personal counter-initiative to promote beneficial ownership avoidance. Where there is no owner, there is no accountability. This book examines what “ownership” means in legal terms across multiple legal systems and explains why singling out “ownership” as being pivotal to State and personal accountability is a strategy both flawed and disingenuous. It is argued that an apparent lack of political will coupled with shape-shifting definitions of “ownership” have resulted in tokenism. Particular attention is paid to those “orphan” structures which have evolved from standard models, or which have been designed for the purpose in each case of facilitating ownership concealment and avoidance. The author explains how the virtual world of the blockchain, crypto-assets and cryptocurrency, and virtual entities such as the Decentralised Autonomous Organisation (DAO), all of which elude legal classification, have opened a new world of possibilities. Applicable across all jurisdictions and legal systems, the book will be a valuable resource for academics, researchers, and policy-makers working in the areas of Financial Crime, Regulation, Compliance, Business, and Accountancy.
Between Immunity and Impunity: External Accountability Of Political Elites For Transnational Crime
by Yuliya Zabyelina
Beyond Expropriation Without Compensation: Law, Land Reform and Redistributive Justice in South Africa (Cambridge Studies in Constitutional Law)
by Olaf Zenker Cherryl Walker Zsa-Zsa BoggenpoelSpeeding up land reform through a constitutional amendment that would explicitly permit the expropriation of land without compensation has dominated legal and political-policy debates in South Africa in recent years. Taking this politically and emotionally charged issue as its starting point, this volume offers both expert commentary on this issue from a variety of disciplinary perspectives and also fresh ideas on how to advance the redistributive transformation that South Africa so urgently needs. It brings critically important debates around transformative property law, the need for diversified land justice and the possibilities of alternative forms of redistribution into productive conversation with each other. While grounded in the complex realities of South Africa's past and present, the volume speaks to concerns that resonate in many contexts in the Global South and beyond. It will appeal to scholars, students, policymakers and general readers concerned with both the theory and practice of redistributive justice. This title is also available as Open Access on Cambridge Core.
Beyond Internal Control over Financial Reporting: The Chinese Experience
by Daoguang YangBy examining two different modes of internal control and the fundamentals of risk management, this book analyses the role of internal control in financing, investment, profit distribution, and corporate strategies through China's experience. In doing so, it confirms the effectiveness and superiority of internal control over operation and management. The book compares the various internal control methods used in China and the USA, namely, operation and management-oriented versus financial reporting-oriented approaches. It also discusses the differences in corporate risk attitudes and behaviours under the two approaches. The author then proposes the hyper-correction hypothesis and the trimming hypothesis. Empirical findings regarding corporate cash policy, mergers and acquisitions, tax avoidance, and diversification strategy reveal that internal control in China does not result in undue risk aversion but instead manages enterprise risk within a reasonable capacity. These results support the trimming hypothesis and demonstrate that internal control is a useful risk management tool. The title will appeal to students, academics, and accounting professionals interested in internal control (risk management), accounting, auditing and corporate finance, regulation and governance.
Beyond Internal Control over Financial Reporting: The Chinese Experience
by Daoguang YangBy examining two different modes of internal control and the fundamentals of risk management, this book analyses the role of internal control in financing, investment, profit distribution, and corporate strategies through China's experience. In doing so, it confirms the effectiveness and superiority of internal control over operation and management. The book compares the various internal control methods used in China and the USA, namely, operation and management-oriented versus financial reporting-oriented approaches. It also discusses the differences in corporate risk attitudes and behaviours under the two approaches. The author then proposes the hyper-correction hypothesis and the trimming hypothesis. Empirical findings regarding corporate cash policy, mergers and acquisitions, tax avoidance, and diversification strategy reveal that internal control in China does not result in undue risk aversion but instead manages enterprise risk within a reasonable capacity. These results support the trimming hypothesis and demonstrate that internal control is a useful risk management tool. The title will appeal to students, academics, and accounting professionals interested in internal control (risk management), accounting, auditing and corporate finance, regulation and governance.
Beyond Male and Female? A Theological Account of Intersex Embodiment (T&T Clark Enquiries in Theological Ethics)
by Revd Dr Sam AshtonIn this incisive work, Sam Ashton provides a compelling, consistent and erudite argument for a foundational approach to the matter of sexual difference, drawing on biblical and doctrinal material and using resources in their original languages. He tracks and traces the sexed body as it moves from creation, through the fall, to redemption “now,” and final consummation “not yet.” In doing so, Ashton presents what is perhaps the strongest case that can be made for 'male and female He created them'.Each chapter privileges biblical exegesis, drawing upon figures in church history (notably Augustine and Aquinas) as and when they illumine Scripture. By doing so, the book considers the difficulty presented to sexual dimorphism by the phenomenon of intersex. Ashton seeks to develop an understanding that is generous, inclusive and affirming, so he works carefully through the writings of Thatcher, Song and Cornwall in a way that invites engagement and dialogue.With the complete divine drama in view, the book offers synthetic judgments about what remains essential for the “structure” of the sexed body as it travels through history and what may be accidental to the sexed body's “direction” within a particular theo-dramatic act. Ashton concludes by considering ways to transition from dogmatic judgments about intersexuality to the moral-pastoral care of concrete intersex individuals, briefly thinking about the complex matter of marriage.
Beyond the Five Whys: Root Cause Analysis and Systems Thinking
by James C. PatersonA straightforward explanation of root cause analysis and systems thinking, illustrating, with real-world examples and first-hand accounts, why things can ‘slip through our fingers’ and what to do to reduce the chances of things going off track. Beyond the Five Whys summarises, for the first time, many of the tried and tested ways of understanding problems using insights from aviation, high reliability organisations and a range of thought-provoking sources. The book provides readers with a clear and structured explanation how to analyse setbacks and head off problems in the first place. It will challenge much of the received wisdom, such as the idea there can be one root cause or that a person or bad culture could be a root cause. Specific areas covered: Learn what root causes are, how they differ from immediate and contributing causes and why it’s so important to go beyond the Five Whys technique for root cause analysis. Recalibrate the way you think about things going wrong, incorporating insights from systems thinking, so you can be clearer what ‘cultural’ or systemic problems mean in practice. Learn about the eight principal ways things can slip through our fingers. Go beyond the blame game and firefighting to avoid the never ending cycle of repeating issues. Strengthen your ability to read the output of a ‘lessons learned’ or enquiry report. Get a fresh perspective, using these techniques, on why the Titanic tragedy turned out so badly, and understand the numerous parallels between what happened then and a range of recent setbacks we have seen, such as the Covid 19 pandemic. Consider the broader application of these techniques to some of the challenges we face in the 21st century.Beyond the Five Whys also contains supplemental guidance how to make improvements in an organisation. It is of value to business managers and those in specialist roles such as GRC, ESG, risk, compliance, quality, project management, H&S, IT, and internal audit roles.
Beyond the Five Whys: Root Cause Analysis and Systems Thinking
by James C. PatersonA straightforward explanation of root cause analysis and systems thinking, illustrating, with real-world examples and first-hand accounts, why things can ‘slip through our fingers’ and what to do to reduce the chances of things going off track. Beyond the Five Whys summarises, for the first time, many of the tried and tested ways of understanding problems using insights from aviation, high reliability organisations and a range of thought-provoking sources. The book provides readers with a clear and structured explanation how to analyse setbacks and head off problems in the first place. It will challenge much of the received wisdom, such as the idea there can be one root cause or that a person or bad culture could be a root cause. Specific areas covered: Learn what root causes are, how they differ from immediate and contributing causes and why it’s so important to go beyond the Five Whys technique for root cause analysis. Recalibrate the way you think about things going wrong, incorporating insights from systems thinking, so you can be clearer what ‘cultural’ or systemic problems mean in practice. Learn about the eight principal ways things can slip through our fingers. Go beyond the blame game and firefighting to avoid the never ending cycle of repeating issues. Strengthen your ability to read the output of a ‘lessons learned’ or enquiry report. Get a fresh perspective, using these techniques, on why the Titanic tragedy turned out so badly, and understand the numerous parallels between what happened then and a range of recent setbacks we have seen, such as the Covid 19 pandemic. Consider the broader application of these techniques to some of the challenges we face in the 21st century.Beyond the Five Whys also contains supplemental guidance how to make improvements in an organisation. It is of value to business managers and those in specialist roles such as GRC, ESG, risk, compliance, quality, project management, H&S, IT, and internal audit roles.
Big Data and Competition Law: Market Power Assessment in the Data-Driven Economy (Routledge Research in Competition Law)
by Alptekin KoksalRecent studies on competition law and digital markets reveal that accumulating personal information through data collection and acquisition methods benefits consumers considerably. Free of charge, fast and personalised services and products are offered to consumers online. Collected data is now an indispensable part of online businesses to the point that a new economy, a data-driven sector, has emerged. Many markets such as the social network, search engine, online advertising and e-commerce are regarded as data-driven markets in which the utilisation of Big Data is a requisite for the success of operations. However, the accumulation and use of data brings competition law concerns as they contribute to market power in the online world, resulting in a few technology giants gaining unprecedented market power due to the Big Data accumulation, indirect network effects and the creation of online ecosystems. As technology giants have billions of consumers worldwide, data-driven markets are truly global. In these data-driven markets, technology giants abuse their dominant positions, but existing competition law tools seem ineffective in addressing market power and assessing abusive behaviour related to Big Data. This book argues that a novel approach to the data-driven sector must be developed through the application of competition law rules to address this. It argues that current and potential conflicts can be mitigated by extending the competition law assessment beyond the current competition law tools to offer a modernised and unified approach to the Big Data–related competition issues. Promoting new legal tests for addressing the market power of technology giants and assessing abusive behaviour in data-driven markets, this book advocates for cooperation between competition and data protection authorities. It will be of interest to students, academics and practitioners with an interest in competition law and data protection.
Big Data and Competition Law: Market Power Assessment in the Data-Driven Economy (Routledge Research in Competition Law)
by Alptekin KoksalRecent studies on competition law and digital markets reveal that accumulating personal information through data collection and acquisition methods benefits consumers considerably. Free of charge, fast and personalised services and products are offered to consumers online. Collected data is now an indispensable part of online businesses to the point that a new economy, a data-driven sector, has emerged. Many markets such as the social network, search engine, online advertising and e-commerce are regarded as data-driven markets in which the utilisation of Big Data is a requisite for the success of operations. However, the accumulation and use of data brings competition law concerns as they contribute to market power in the online world, resulting in a few technology giants gaining unprecedented market power due to the Big Data accumulation, indirect network effects and the creation of online ecosystems. As technology giants have billions of consumers worldwide, data-driven markets are truly global. In these data-driven markets, technology giants abuse their dominant positions, but existing competition law tools seem ineffective in addressing market power and assessing abusive behaviour related to Big Data. This book argues that a novel approach to the data-driven sector must be developed through the application of competition law rules to address this. It argues that current and potential conflicts can be mitigated by extending the competition law assessment beyond the current competition law tools to offer a modernised and unified approach to the Big Data–related competition issues. Promoting new legal tests for addressing the market power of technology giants and assessing abusive behaviour in data-driven markets, this book advocates for cooperation between competition and data protection authorities. It will be of interest to students, academics and practitioners with an interest in competition law and data protection.
Biharis in Bangladesh: Transition from Statelessness to Citizenship
by Zaglul HaiderThis book deals with the citizenship status of the Biharis in Bangladesh and their ability to access rights associated with citizenship. The main argument of the book is that although legally the Biharis are citizens of Bangladesh, they still do not have access to many important rights of citizenship that can make their citizenship meaningful. Their inability to access many important citizenship rights made them de facto stateless, although they are de-jure citizens. Taking a law and society approach this book examines both legal and non-legal factors behind the deplorable conditions of the Biharis in Bangladesh. Based on fieldwork, this book analyses that the Biharis’ inability to access citizenship rights is inconsistent with citizenship theory, citizenship laws, and the Constitution of Bangladesh. To make the Biharis citizenship effective or meaningful the author suggests some recommendations for policy changes that would enable Biharis to access rights associated with citizenship.
Bioethics: Foundations, Applications and Future Challenges
by Irene Cambra-Badii Ester Busquets-Alibés Terribas-Sala Núria Josep-E. BañosThe aim of this book is to introduce and discuss bioethics in a three-synergistic way: from the foundations to the current debates in relation to healthcare and social bioethics, and thereafter the possible future challenges. In this sense, the target audience can be from diverse disciplines: life and medical sciences, law, philosophy, psychology, and education. The book will be useful to high school students, in their first contacts with bioethics, college students, teachers and researchers, and the general public interested in these controversial debates of the past, present and future of bioethics.
Bioethics: Foundations, Applications and Future Challenges
The aim of this book is to introduce and discuss bioethics in a three-synergistic way: from the foundations to the current debates in relation to healthcare and social bioethics, and thereafter the possible future challenges. In this sense, the target audience can be from diverse disciplines: life and medical sciences, law, philosophy, psychology, and education. The book will be useful to high school students, in their first contacts with bioethics, college students, teachers and researchers, and the general public interested in these controversial debates of the past, present and future of bioethics.
Blackstone's Guide to the Human Rights Act 1998 (Blackstone's Guides)
by John Wadham Helen Mountfield KC Raj Desai Sarah Hannett KC Jessica Jones Eleanor Mitchell Aidan WillsBlackstone's Guide to the Human Rights Act 1998 provides clear, concise coverage of the operation and application of the Human Rights Act 1998, including the development of human rights jurisprudence in the domestic courts and in Strasbourg. It also sets out the recent erosion of the universal applicability of the remedies in the Human Rights Act by the Illegal Migration Act 2023 and other recent changes to the statutory scheme such as the amendment to the limitation period for claims involving the armed forces. The Guide considers the case law of the European Court of Human Rights and the impact of Convention rights in landmark domestic judgments across a wide range of areas, including terrorism, privacy, discrimination, and criminal law. It explains the interpretive techniques employed by the courts to read legislation compatibly with Convention rights and the jurisdiction to declare legislation incompatible with Convention rights. Finally, the last chapter sets out how to make an application to the Strasbourg Court and sets out in detail how that court works. The new edition of this popular Guide considers the key developments since the publication of the previous edition 9 years ago. It sets out recent reviews of the Human Rights Act and puts the threats to the Act, especially the Bill of Rights, in the context of the recent history of human rights in the UK. It also considers significant developments in the law relating to the extra-territorial reach and applicability of the Convention under Article 1 ECHR, following Al Skeini, Georgia v Russia, Guzelyurtlu, Hanan and HF. The book contains an up to date copy of the Human Rights Act 1998, and the text of the rights in the European Convention on Human Rights which are now a central part of UK law. The Blackstone's Guide series delivers concise and accessible books covering the latest legislative changes and amendments. Published soon after enactment, they offer expert commentary by leading names on the scope, extent and effects of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.