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Artificial Intelligence and Autonomous Shipping
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出版日:2022/11/17 出版社:Hart Publishing UK  裝訂:平裝
This collection of essays critically evaluates the legal framework necessary for the use of autonomous ships in international waters. The work is divided into three parts:Part 1 evaluates how far national shipping regulation, and the public international law background that lies behind it, may need modification and updating to accommodate the use of autonomous ships on international voyages. Part 2 deals with private law and insurance issues such as collision and pollution liability, salvage, limitation of liability and allocation of risk between carrier and cargo interests. Part 3 analyses international convention regimes dealing with maritime safety and other matters, arguing for specific changes in the existing conventions such as SOLAS and MARPOL, which would provide the international framework that is necessary for putting autonomous ships into commercial use. The book also takes the view that amendment of international conventions is important in the case of liability issues, arg
優惠價: 9 2177
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Copyright Beyond Law: Regulating Creativity in the Graffiti Subculture
70 折
出版日:2016/07/28 作者:Marta Iljadica  出版社:Hart Publishing UK  裝訂:精裝
Law,Data Protection, Copyright, Patents, Trademarks,Socio-Legal Studies
優惠:外文優惠70 優惠價: 7 4655
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Statutes on the Conflict of Laws
70 折
出版日:2015/01/06 出版社:Hart Publishing UK  裝訂:平裝
In a clear, easy-to-use volume, Statutes on the Conflict of Laws provides students with all of the current, relevant UK and EU legislation encountered in the study of private international law. The le
優惠:外文優惠70 優惠價: 7 1455
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Liberal Democracy, Law and the Citizen Speaker: Regulating Online Speech
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出版日:2024/02/29 作者:Ian Cram  出版社:Hart Publishing UK  裝訂:平裝
優惠價: 9 2918
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The Changing European Union
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出版日:2022/12/29 出版社:Hart Publishing UK  裝訂:精裝
It is widely recognised that international order is undergoing transformative change and the old norms no longer apply. This collection looks at how the EU, specifically its judicial wing, is responding to these new challenges. It looks both externally at those internationally shared problems of unequal societies, the rise of populism and the migrant crisis and internally at Brexit, the differences between the EU centre and peripheries and the division of competences. Taking a multifaceted approach, it draws on voices from academia and the judiciary to suggest how the EU might respond effectively to the challenges faced.
優惠價: 9 5355
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Democracy and Rule of Law in China's Shadow
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出版日:2022/12/29 出版社:Hart Publishing UK  裝訂:平裝
This book provides detailed insight into some of the most contentious events occurring in jurisdictions operating within China’s vast shadow. Epic clashes between law and politics have become a regular fixture throughout the world, and no region has seen more of these than Asia. In some cases these conflicts have involved newfound democratic aspirations or democratic deepening, while in others it has arisen because of pushback against authoritarian or semi-authoritarian governments. Indeed, many of these clashes centre on or involve the region’s most powerful and controversial player: China. This book focuses on several of these critical struggles, examining how democracy and the rule of law play out in a number of jurisdictions highly influenced by China’s presence. Chapters provide insightful analysis on issues such as: major threats to the rule of law and attempts to uphold the principle, oath-taking controversies, foreign judges and the disparagement of the judiciary, unconstitutio
優惠價: 9 2204
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Allocation of Liability for Dangerous Goods under International Trade Law
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出版日:2022/12/29 作者:Ahmet Gelgec  出版社:Hart Publishing UK  裝訂:精裝
This book explores the allocation of risk and liability of dangerous goods between the seller and the buyer under CIF (Cost, Insurance and Freight) and FOB (Free on Board) contracts, providing an in-depth study of the issue of carriage of dangerous goods in the context of international trade law. In addition to offering specific solutions to issues arising in the context of the contract of sale, the book provides a non-contractual angle, putting forward suggestions under non-contractual mechanisms. Importantly, the book incorporates case law examples from the Commonwealth and the US.Dangerous goods that are carried by sea can cause potential risks of losses and damages to the vessel, other cargoes and lives on board. The allocation of liability arising out of the carriage of dangerous goods has recently attracted unwelcome attention because of mis–declared cargoes leading to fires on board ships. Thus the book fills a gap in the literature by addressing the issue in detail with example
優惠價: 9 5670
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No-Fault Approaches in the NHS
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出版日:2022/12/29 作者:Sonia Macleod and Christopher Hodges  出版社:Hart Publishing UK  裝訂:精裝
This book explores how concerns can be raised about the NHS, why raising concerns hasn’t always improved standards, and how a no-fault open culture approach could drive improvements.The book describes a wide range of mechanisms for raising concerns about the NHS, including complaints, the ombudsman, litigation, HSIB, and the major inquiries since 2000, across the various UK jurisdictions. The NHS approach is contextualised within the broader societal developments in dispute resolution, accountability, and regulation. The authors take a holistic view, and outline practical solutions for reforming how the NHS responds to problems. These should improve the situation for those raising concerns and for those working within the NHS, as well as providing cost savings. The no-fault approaches proposed in the book provide long-term sustainable solutions to systemic problems, which are particularly timely given the impact of the COVID-19 pandemic on the NHS.The book will be of interest to academ
優惠價: 9 5355
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Investors’ International Law
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出版日:2022/12/29 出版社:Hart Publishing UK  裝訂:平裝
This book is the first book-length analysis of investor accountability under general and customary international law, international human rights law, international environmental law, international humanitarian law, as well as international investment law.International investment law is currently facing growing criticisms for its failure to address corruption, abuse, environmental damage, and other forms of investor misconduct. Reform initiatives range from the rejection of international law as a governing regime for investors, to the dramatic overhaul of investment treaties that supposedly enable investor overprotection, to the creation of a multilateral international instrument that would enable the litigation of claims against errant businesses before an international tribunal. Whether these initiatives succeed in disciplining investors remains to be seen. What these initiatives undeniably show however, is that change is warranted to counteract this lopsided investors’ international
優惠價: 9 2708
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Making Sense of European Union Law
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出版日:2022/12/29 出版社:Hart Publishing UK  裝訂:精裝
This book reflects on selected issues of European law in dialogue with leading legal scholar Bruno De Witte, whose work has enlightened generations of students, scholars and practitioners of European law. The volume is designed to mark the impressive academic oeuvre of a great legal mind and true academic whose elegant and insightful writings have decisively contributed to the advancement of the study of European law.The contributions attempt to ‘make sense of European Union law’ reflecting Bruno’s mission as a legal scholar and commenting on some of the themes that he has worked on: constitutional Europe, differentiated Europe, social and educational Europe and minorities Europe. It culminates in reflections on the very nature of Bruno’s scholarship and his academic persona . Not only is this book a public recognition and an expression of appreciation for all that Bruno has offered to the European legal community but also an invitation to challenge the way many scholars think of acad
優惠價: 9 5355
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Making Decisions Judicially
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Are you involved in making decisions in court, a tribunal, or another formal decision-making environment? This book gives guidance in the skills required to reach and deliver well-structured judicial decisions.The authors (all of whom have extensive judicial and quasi-judicial experience) instruct the readers on the skills required at each stage of a hearing, including:- ensuring there is a fair hearing process;- standards and conduct of decision-makers;- successful communication;- taking into account the needs of vulnerable participants and litigants in person;- case management;- assessing evidence; and- the process of reaching and then delivering a well-structured decision.The book includes practical guidance, examples, and short exercises to help the reader engage with the issues discussed and understand the skills required. Buy this book and you will have the confidence you need to make great decisions.
優惠價: 9 1349
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Making Decisions Judicially
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Are you involved in making decisions in court, a tribunal, or another formal decision-making environment? This book gives guidance in the skills required to reach and deliver well-structured judicial decisions.The authors (all of whom have extensive judicial and quasi-judicial experience across England and Wales) guide the readers on the skills required at each stage of a hearing, including: ensuring there is a fair hearing; standards and conduct for decision-makers; successful communication; taking into account the needs of vulnerable participants and litigants in person; case management; assessing evidence; and reaching and delivering a well-structured decision.The book includes practical guidance, examples, and short exercises to help the reader engage with the issues discussed and understand the skills required. Having this book to hand will enable you to make effective and fair decisions that inspire confidence.
優惠價: 9 3960
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Landmark Cases in Labour Law
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出版日:2022/12/15 出版社:Hart Publishing UK  裝訂:精裝
This book features essays by leading legal scholars on ‘landmark’ labour law cases from the mid-19th century to the present day. The essays are acutely sensitive to the historical and theoretical context of each case, and the volume provides original and sometimes startling new perspectives on some familiar friends. There are few activities as distinctively human as work and labour. The book traces the development of labour law through the social struggles and economic conflicts between workers, trade unions, and employers. The narrative arc of its landmark cases reveals the richness and complexity of the human story played out in the working lives of real people. It also charts the remarkable transformation of the constitutional role of courts in labour law, from instruments of class oppression to the vindication of workers’ fundamental rights at work. The collection will be of interest to students, scholars, and legal practitioners in labour and equality law, as well as students in m
優惠價: 9 5355
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Proportionality in Crime Control and Criminal Justice
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出版日:2022/12/15 出版社:Hart Publishing UK  裝訂:平裝
This edited volume seeks to reassess the old and to analyse and develop novel approaches to the notion of proportionality in criminal matters and the new security architecture. The discourse is not limited to conventional constitutional constellations and standard problems of sentencing in traditional criminal proceedings. Rather, the book offers an interdisciplinary and cross-jurisdictional exploration of highly topical, proportionality-related issues pertinent to penal theory and legal philosophy, criminalisation policies, security and anti-terrorism strategies, alternative types of justice delivery, and supranational enforcement as well as human rights and international criminal and humanitarian law.In today’s global risk society, with its numerous visible and invisible enemies of the state and the individual, balancing freedom and security has become nothing less than an attempt at untying a Gordian knot. Against this background, the proportionality of measures of crime prevention
優惠價: 9 2708
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Unilateral Sanctions in International Law
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出版日:2022/12/15 出版社:Hart Publishing UK  裝訂:平裝
This is the first book that explores whether there are any rules in international law applicable to unilateral sanctions and if so, what they are.The book examines both the lawfulness of unilateral sanctions and the limitations within which they should operate. In doing so, it includes an analysis of State practice, the provisions of various international legal instruments dealing with such sanctions and their impact on other areas of international law such as freedom of navigation, aviation and transit, and the principles of international trade, investment, regional economic integration, and the protection of human rights and the environment.This study finds that unilateral sanctions by a state or a group of states against another state as opposed to ‘smart’ or targeted sanctions of limited scope would be unlawful, unless they meet the procedural and substantive requirements stipulated in international law. Importantly, the book identifies and consolidates these requirements scattered
優惠價: 9 2834
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From Corporate Social Responsibility to Corporate Social Liability
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出版日:2022/12/15 作者:Anna Aseeva  出版社:Hart Publishing UK  裝訂:平裝
This book provides a critical socio-legal study that brings together the latest scholarly advances on corporate social responsibility, and, at the same time, addresses the pressing issue of corporate liability for harmful acts across the supply and production chains.Corporations have seldom been held responsible and virtually never liable for the acts of their subsidiaries and subcontractors. Actors as different as workers, investors, individual consumers, and shareholder activists claim that corporations should accept greater responsibility for communities and environments affected by their activities.The book argues that a global value chain’s head corporations remain immune to any liability because of the ‘economically dependent-legally independent’ relationships between core corporations and their periphery suppliers and subcontractors. To tackle this problem, globally, the author acknowledges that ‘we’ as a society need to reduce the economic dependence as described above – which
優惠價: 9 2708
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New Directions in European Private Law
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出版日:2022/12/15 出版社:Hart Publishing UK  裝訂:平裝
This book brings together leading scholars and practitioners, to explore contemporary challenges in the field of European private law, identify problems, and propose solutions. The first section reassesses the existing theoretical framework and traditional legal scholarship on which European private law has developed. The book then goes on to examine important and practical topics of geo-blocking and standardisation in the context of recent legislative developments and the CJEU case law. The third section assesses the challenging subject of adequate regulation of online platforms and sharing economy that has been continuously addressed in the recent years by European private law. A fourth section deals with the regulatory challenges brought by an increasing development of artificial intelligence and blockchain technology and the question of liability. The final section examines recent European legislative developments in the area of digital goods and digital content and identifies pote
優惠價: 9 2645
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Performing Copyright
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出版日:2022/12/15 作者:Luke McDonagh  出版社:Hart Publishing UK  裝訂:平裝
Based on empirical research, this innovative book explores issues of performativity and authorship in the theatre world under copyright law and addresses several inter-connected questions: who is the author and first owner of a dramatic work? Who gets the credit and the licensing rights? What rights do the performers of the work have? Given the nature of theatre as a medium reliant on the re-use of prior existing works, tropes, themes and plots, what happens if an allegation of copyright infringement is made against a playwright? Furthermore, who possesses moral rights over the work?To evaluate these questions in the context of theatre, the first part of the book examines the history of the dramatic work both as text and as performative work. The second part explores the notions of authorship and joint authorship under copyright law as they apply to the actual process of creating plays, referring to legal and theatrical literature, as well as empirical research. The third part looks at
優惠價: 9 2708
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Corporations and the Privilege against Self-Incrimination
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出版日:2022/12/15 作者:Stijn Lamberigts  出版社:Hart Publishing UK  裝訂:精裝
This book asks whether the well-established privilege against self-incrimination applies to corporations, whether it should, and if so, to what extent. Those questions have an increasingly important EU criminal law dimension. To answer them, this study draws on comparative insights from Belgium, England and Wales, and the US; as well as case law of the ECtHR and EU Law. It covers the established CJEU case law in competition cases, the recent CJEU ruling in DB v Consob and addresses Directive (EU) 2016/343. It will appeal to scholars of EU criminal law, but also to white-collar and competition practitioners.
優惠價: 9 5355
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Competition Law and Economic Inequality
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出版日:2022/12/15 出版社:Hart Publishing UK  裝訂:精裝
The gap between the rich and poor is widening across the globe. This book explores whether this major societal challenge of our time can be addressed by the means of competition law.The primary goal of today’s competition law is to ensure that market power does not lead to an inefficient production of goods and services. Nevertheless, even such efficiency-oriented curbing of market power may arguably contribute to the reduction of differences in how much people own and earn. Furthermore, many competition law regimes do take into account distributive considerations too.The chapters investigate the relationship between competition law and economic (in)equality from philosophical, historical, and economic perspectives. Their inquiries concern the conceptual foundations of competition law and doctrinal frameworks of individual jurisdictions, as well as specific problems and markets. As such, the book provides a novel and comprehensive overview of whether and how competition law can contrib
優惠價: 9 5985
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Article 47 of the EU Charter and Effective Judicial Protection, Volume 1
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出版日:2022/12/15 出版社:Hart Publishing UK  裝訂:精裝
The principle of effective judicial protection (‘PEJP’) is specifically provided for in the EU Charter of Fundamental Rights Article 47. But how effective is the provision and the protection it affords? This ambitious, innovative project examines that question over two volumes. In the first volume an expert team explores how the Court of Justice of the European Union (CJEU) has interpreted the PEJP, as expressed in particular by Article 47, in selected policy areas, and reflects on the impact of the principle on the EU’s constitutional structure. Taking both a horizontal interpretation, analysing the constitutional themes in play, and a vertical one, which looks at the Court’s interpretation in specific policy areas, it shows the interplay of the protection within the wider architecture of the EU. Addressing key questions such as legal certainty, judicial autonomy and division of competences, it significantly adds to our understanding of judicial protection within the EU.
優惠價: 9 5670
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Principles of German Criminal Procedure
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出版日:2022/12/08 作者:Michael Bohlander  出版社:Hart Publishing UK  裝訂:平裝
The new edition of this seminal text outlines the fundamental aspects of the German approach to criminal procedure. It explores a wide range of issues from setting out the basic procedural principles to presenting the main players in the criminal justice system, pre-trial investigations, the path from indictment to trial judgment, rules of evidence, sentencing, and appeals and post-conviction review. As far as it is useful for an introductory text, the differences between proceedings against adults and juveniles are highlighted. The theoretical discussion of decision-making and style of judgment writing is supported by practical insights through specimen translations of an indictment, a trial judgment and an appellate judgment by the Federal Court of Justice.
優惠價: 9 2834
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A Practitioner's Guide to the Unified Patent Court and Unitary Patent
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出版日:2022/12/01 作者:Paul England  出版社:Hart Publishing UK  裝訂:精裝
A Practitioner's Guide to the Unified Patent Court and Unitary Patent provides practical and detailed advice on all aspects of the system for those using it. The book explains how the UPC system works in the context of the wider European patent system, including the UK, and how parties can use it to enforce or revoke European patents and the Unitary Patent, in particular:- The procedures of the UPC from initiating proceedings to appeal, damages and costs hearings; - Rules on competence, substantive law, jurisdiction, language and judges; - The operation of the system alongside the national courts of the contracting countries, the European Patent Office opposition and appeal procedure, and parallel English Patents Court proceedings. The book is written for private practitioners and in-house counsel by a team of patent experts with many years of experience in patent litigation in France, Germany, the Netherlands, and the UK. It provides insights from national approaches to the features
優惠價: 9 7425
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Healthcare, Quality Concerns and Competition Law
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出版日:2022/12/01 作者:Theodosia Stavroulaki  出版社:Hart Publishing UK  裝訂:精裝
Market driven healthcare is massively divisive. Opponents argue that a competition approach to medical treatment negatively impacts on quality, while advocates point to increased efficiencies. This book casts a critical eye over both positions to show that the concerns over quality are in fact real. Taking a two part approach, it unveils the fault lines along which healthcare provision and the pursuit of quality would in certain cases clash. It then shows how competition authorities can only effectively assess competition concerns when they ask the fundamental question of how the concept of healthcare quality should be defined and factored into their decisions. Drawing on UK, US and EU examples, it explores antitrust and merger cases in hospital, medical and health insurance markets to give an accurate depiction of the reality and challenges of regulating competition in healthcare provision.
優惠價: 9 5355
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Smart Contracts
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出版日:2022/12/01 出版社:Hart Publishing UK  裝訂:平裝
This book brings together a series of contributions by leading scholars and practitioners to examine the main features of smart contracts, as well as the response of key stakeholders in technology, business, government and the law. It explores how this new technology interfaces with the goals and content of contract law, introducing and evaluating several mechanisms to improve the ‘observability’ and reduce the costs of verifying contractual obligations and performance. It also outlines various ‘design patterns’ that ensure that end users are protected from themselves, prevent cognitive accidents, and translate expectations and values into more user-oriented agreements. Furthermore, the chapters map the new risks associated with smart contracts, particularly for consumers, and consider how they might be alleviated. The book also discusses the challenge of integrating data protection and privacy concerns into the design of these agreements and the broad range of legal knowledge and skil
優惠價: 9 2708
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The Constitution of the Republic of Austria
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出版日:2022/12/01 作者:Manfred Stelzer  出版社:Hart Publishing UK  裝訂:精裝
This book shows how the Austrian Constitution has been shaped and interpreted by the fundamental events in Austria's modern history. At the same time it emphasises the way in which the Constitution establishes a parliamentary system, with additional presidential features, limited, in turn, by Austria's federal structure and the parliaments of nine states. It charts the history and character of the Constitution; the political structure; the legislative and executive branches of the federal government; public bodies; jurisdiction and fundamental Rights. This new edition explores the changing political landscape, particularly the development of a more competitive party system. It also looks at the response to COVID and the jurisprudence of the Austrian Constitutional Court in the face of the curtailment of rights in order to curb the pandemic. Offering the trademark combination of clarity of explanation and rigour of analysis that defines the series, this is an excellent guide to a fascin
優惠價: 9 4455
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Scholars of Contract Law
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出版日:2022/12/01 出版社:Hart Publishing UK  裝訂:精裝
This book provides a counter-balance to the traditional focus on judicial decisions by exploring the contribution of legal scholars to the development of private law.In the book the work of a selection of leading scholars of contract law from across the common law world, ranging from Sir Jeffrey Gilbert (1674–1726) to Professor Brian Coote (1929–2019), is addressed by legal historians and current scholars in the field. The focus is on the nature of the work produced by the scholars in question, important influences on their work, and the impact which that work in turn had on thinking about contract law. The book also includes an introductory chapter and an afterword by Professor William Twining that explore connections between the scholars and recurrent themes.The process of subjecting contract law scholarship to sustained analysis provides new insights into the intellectual development of contract law and reveals the central role played by scholars in that process. And by focusing att
優惠價: 9 4455
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Maritime Organisation, Management and Liability
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出版日:2022/11/24 出版社:Hart Publishing UK  裝訂:平裝
This book identifies and examines the legal challenges facing the shipping industry and ship management today.It first addresses flag state rules and private international law as organisational tools of the shipowner for establishing the applicable legal framework in an age of increasing regulatory activity and extraterritorial effect of legislation. It then focuses on sustainability requirements and the liability of shipping companies managing supply chains and ships as waste. The third section considers challenges stemming from times of financial crisis and deals with the cross-border impact of shipping insolvencies, the UNCITRAL Model Law, and the approaches of different jurisdictions. Finally, the fourth section concerns digitalisation and automation, including delivery on the basis of digital release codes, bills of lading based on blockchain technology, the use of web portals and data sharing, and particular aspects of the law relating to autonomous ships, notably in marine ins
優惠價: 9 2474
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Paradigms in Modern European Comparative Law
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出版日:2022/11/24 作者:Balázs Fekete  出版社:Hart Publishing UK  裝訂:平裝
This book uses the philosophy of Thomas Kuhn to provide a new vision of the development of European comparative law that will challenge and inspire scholars in the field.With the ‘empathic’ use of some ideas from Kuhn’s theories on the history of science – paradigm, paradigm-shift, puzzle-solving research and incommensurability – the book rethinks the modern history of European comparative law from the late 19th century to the modern day. It argues that three major paradigms determine modern comparative law:- historical and comparative jurisprudence, - droit comparé , and - post-World War II comparative law.It concludes that contemporary methodological trends are not signs of a paradigm-shift toward a postmodern and culturalist understanding of comparative law, but that the new approach spreads the idea of methodological plurality.
優惠價: 9 1831
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Data Protection, Migration and Border Control
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出版日:2022/11/17 作者:Teresa Quintel  出版社:Hart Publishing UK  裝訂:精裝
This book assesses data protection rules that are applicable to the processing of personal data in a law enforcement context. It offers the first extensive analysis of the LED and Regulation (EU) 2018/1725. It illustrates the challenges arising from the unclear delineation between the different data protection instruments at both national and EU level. Taking a practical approach, it exemplifies situations where the application of data protection instruments could give rise to a lowering of data protection standards where the data protection rules applicable in the law enforcement context are interpreted broadly. The scope of data protection instruments applied by law enforcement authorities impacts processing for purposes of border control, migration management and asylum because there is an unclear delineation between the different data protection instruments.
優惠價: 9 4455
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Great Debates in Tort Law
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出版日:2022/11/17 作者:Jonathan Morgan  出版社:Hart Publishing UK  裝訂:平裝
Exploring the key discussions and arguments in tort law, this book enables students to get a deeper and more rounded understanding of the subject. Part of the Great Debates series, it is an engaging introduction to the more advanced legal concepts, such as negligent breach of duty and vicarious liability. Each chapter is structured around questions and debates that provoke deeper thought. It features summaries of the views of notable experts on key topics and each chapter ends with a list of further reading.This book is ideal for use by ambitious students alongside a main course textbook, encouraging them to think critically, analyse the topic and gain new insights. The development of these skills and the discursive nature of the series, with an emphasis on contentious topics, means the book is also useful for students when preparing their dissertations. Suitable for use on courses at all levels, this book helps students to excel in coursework and exams.
優惠價: 9 1583
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Great Debates in Tort Law
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出版日:2022/11/17 作者:Jonathan Morgan  出版社:Hart Publishing UK  裝訂:精裝
Exploring the key discussions and arguments in tort law, this book enables students to get a deeper and more rounded understanding of the subject. Part of the Great Debates series, it is an engaging introduction to the more advanced legal concepts, such as negligent breach of duty and vicarious liability. Each chapter is structured around questions and debates that provoke deeper thought. It features summaries of the views of notable experts on key topics and each chapter ends with a list of further reading.This book is ideal for use by ambitious students alongside a main course textbook, encouraging them to think critically, analyse the topic and gain new insights. The development of these skills and the discursive nature of the series, with an emphasis on contentious topics, means the book is also useful for students when preparing their dissertations. Suitable for use on courses at all levels, this book helps students to excel in coursework and exams.
優惠價: 9 4703
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Faith in Courts
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出版日:2022/11/17 作者:Lisa Harms  出版社:Hart Publishing UK  裝訂:精裝
The phenomenon of judicialisation in the field of freedom of religion is long recognised. But, to date, little has been written on how advocacy and strategic litigation has actively changed the field. This important books does just that. It shows how Jehovah’s Witnesses, Muslims, Sikhs, Evangelicals, Christian conservatives and Russian Orthodox actors have negotiated the right to freedom of religion at the ECtHR over the past 30 years. Drawing on in-depth interviews and case law analysis, and media representation, it is a powerful study of the impact of legal mobilisation on international and transnational law.
優惠價: 9 4208
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Surveillance and Privacy in the Digital Age
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出版日:2022/11/17 出版社:Hart Publishing UK  裝訂:平裝
What impact has the evolution and proliferation of surveillance in the digital age had on fundamental rights? This important collection offers a critical assessment from a European, transatlantic and global perspective. It tracks four key dimensions: digitalisation, privatisation, de-politicisation/de-legalisation and globalisation. It sets out the legal and policy demands that recourse to ‘the digital’ has imposed. Exploring the question across key sectors, it looks at privatisation through the prism of those demands on the private sector to co-operate with the state’s security needs. It goes on to assess de-politicisation and de-legalisation, reflecting the fact that surveillance is often conducted in secret. Finally, it looks at applicable law in a globalised digital world. The book, with its exploration of cutting-edge issues, makes a significant contribution to our understanding of privacy in this new digital landscape.
優惠價: 9 2128
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Judicial Protection of Fundamental Rights on the Internet
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出版日:2022/11/17 作者:Oreste Pollicino  出版社:Hart Publishing UK  裝訂:平裝
This book explores how the Internet impacts on the protection of fundamental rights, particularly with regard to freedom of speech and privacy. In doing so, it seeks to bridge the gap between Internet Law and European and Constitutional Law. The book aims to emancipate the debate on internet law and jurisprudence from the dominant position, with specific reference to European legal regimes. This approach aims to inject a European and constitutional “soul” into the topic. Moreover, the book addresses the relationship between new technologies and the protection of fundamental rights within the theoretical debate surrounding the process of European integration, with particular emphasis on judicial dialogue. This innovative book provides a thorough analysis of the forms, models and styles of judicial protection of fundamental rights in the digital era and compares the European vision to that of the United States. The book offers the first comparative analysis in which the notion of (judici
優惠價: 9 2177
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British and Canadian Public Law in Comparative Perspective
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出版日:2022/11/17 出版社:Hart Publishing UK  裝訂:平裝
This book explores current human rights controversies arising in UK law, in the light of the way such matters have been dealt with in Canada.Canada’s Charter of Rights predates the United Kingdom’s Human Rights Act by some 20 years, and in the 40 years of the Charter’s existence, Canada’s Supreme Court has produced an increasingly sophisticated body of public law jurisprudence. In its judgments, it has addressed broad questions of constitutional principle relating to such matters as the meaning of proportionality, the ‘horizontal’ impact of human rights norms, and the proper role of judicial ‘dereference’ to legislative decision-making. The court has also considered, more narrowly, specific issues of political controversy such as assisted dying, voting rights for prisoners, the wearing of religious symbols, parental control of their children’s upbringing, the law regulating libel actions brought by politicians, pornography and labour rights. All of these issues are discussed in th
優惠價: 9 1930
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Shaping EU Law the British Way
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出版日:2022/11/17 出版社:Hart Publishing UK  裝訂:精裝
In this book, leading scholars of EU law, judges, and practitioners unpack the judicial reasoning offered by the UK Advocates General in over forty cases at the Court of Justice, which have influenced the shape of EU law. The authors place the Opinions in the wider context of the EU legal order, and mix praise with critique in order to determine the true contribution of the UK Advocates General, before hearing the concluding reflections by the UK Advocates General themselves. The role of Advocates General at the Court of Justice of the European Union remains notoriously under-researched. With a few notable exceptions, not much ink has been spilled on analysing their contribution to the judicial discourse that emerges from the Court’s Palais in Luxembourg. More generally, their impact on the shaping of EU law is only sporadically explored. This book fills the lacunae by offering an in-depth analysis of the way in which the UK Advocates General contributed to development of EU law during
優惠價: 9 7920
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The Cape Town Convention
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出版日:2022/11/03 作者:Anton Didenko  出版社:Hart Publishing UK  裝訂:平裝
This book is the first detailed and comprehensive research of the history of the Cape Town Convention and its protocols. It critically engages with the challenges faced by the developers of this treaty, analyses thousands of pages of archived materials and derives important lessons for the development of transnational commercial law globally. The book is an invaluable addition to the existing literature on the Cape Town Convention. It also informs the debate about harmonisation of secured transactions regimes generally, and as such will be of interest to academics, legal practitioners and the judiciary involved in secured transactions law around the world. Practising lawyers will better understand the rationale behind the key provisions of the Cape Town Convention, while the treaty-making lessons will assist governmental officials, representatives of international organisations and legal advisors engaged in harmonisation of commercial law.The text covers all four protocols to the Cape
優惠價: 9 2177
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Executive Power
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出版日:2022/11/03 作者:Robert Hazell and Timothy Foot  出版社:Hart Publishing UK  裝訂:精裝
The prerogative has long been a mystery to most observers; this book demystifies it.It explains each of the prerogative powers in separate chapters. It clarifies the respective roles of government, Parliament and the courts in defining the extent of prerogative powers, and in regulating their use. It also looks at which powers should be codified in statute, which should be regulated by convention, and which could be left at large.The book is very timely in contributing to current debates. The fevered parliamentary debates over Brexit thrust the prerogative centre-stage. Recent controversies have ranged from the role of Parliament in assenting to treaties, to the prorogation and dissolution of Parliament, to the grant or withholding of royal assent to bills.In their 2019 election manifesto, the Conservative Party stated that ‘After Brexit we also need to look at the broader aspects of our constitution, the relationship between the Government, Parliament and the courts; the functioning o
優惠價: 9 4455
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Human Rights After Deleuze
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出版日:2022/11/03 作者:Christos Marneros  出版社:Hart Publishing UK  裝訂:精裝
This book examines the possibility of creating new ways of existing beyond human rights. Multiple socio-political crises and the dominance of neoliberal and capitalist policies have led legal and political theorists to question the emancipatory promise of human rights and to reconceptualise human rights in theory and practice. The possibility of creating new ways of existing beyond human rights has been left significantly under examined, until now. Having as its starting point the ferocious, yet brief, critique on human rights of one of the most prominent French philosophers of the 20th century, Gilles Deleuze, the book argues that Deleuze’s critique is not only compatible with his broader thought but that it has the potential to give a new impetus to the current critiques of human rights, within the ‘disciplinary borders’ of legal and political theory. The book draws upon Deleuze’s broader thought, but also radical legal and political theory and continental philosophy. In particular
優惠價: 9 4455
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