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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 4455
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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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The Constitution of Italy
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出版日:2022/10/13 作者:Marta Cartabia and Nicola Lupo  出版社:Hart Publishing UK  裝訂:平裝
This book introduces the reader to the Italian Constitution, which entered into force on 1 January 1948, and examines whether it has successfully managed the political and legal challenges that have occurred since its inception, and fulfilled the three main functions of a Constitution: maintaining a community, protecting the fundamental rights of citizens and ensuring the separation of powers.
優惠價: 9 1583
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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 1286
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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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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
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Conflict and Transformation
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出版日:2022/10/06 作者:Christian Joerges  出版社:Hart Publishing UK  裝訂:精裝
In this important compendium, one of the leading scholars of EU law and its legal framework, reflects on his previous writings in the context of current challenges the European project is facing. More than a simple restatement, it offers an important theoretical comment at this defining time for EU law. The author offers a welcome counterbalance to what some perceive to be a surfeit of optimism when assessing the EU and its development. In so doing, Professor Joerges identifies three flaws in the current European ideology. Firstly, he points to the intellectual weakness of the “integration through law” ideology. Secondly, the book sets out the systematic neglect of “the economic” and its political dynamics. Finally, it addresses the complacency with respect to Europe’s darker legacies. This is an important critical (and candid) assessment of Europe at its half century.
優惠價: 9 5445
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Evidence, Respect and Truth
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出版日:2022/11/03 作者:Liat Levanon  出版社:Hart Publishing UK  裝訂:精裝
Can we rely solely on statistics when we judge what is true and just? This book takes a holistic approach to addressing this question. It takes the legal trial as its paradigmatic case study before considering a wider range of cases, including profiling, the use of algorithms to predict students’ grades, and the authorisation of automated cars. The book suggests that when we make judgements about the truth or about justice, approximations are not good enough. Truth and justice are uncompromising; they must be so, because the value that underlies them both is respect; and respect takes no compromise. Thus, in the search for truth as in the search for justice, a body of evidence that imposes a statistical compromise will not do. Only evidence that in principle allows reaching the truth and doing justice is good evidence. Once such evidence has been traced, the burden is on us to make good use of the evidence and reach truth and justice. We might or might not succeed, but once we have don
優惠價: 9 4455
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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 4950
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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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EU Law and International Arbitration
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出版日:2022/11/03 作者:Konstanze von Papp  出版社:Hart Publishing UK  裝訂:平裝
"Eminently readable. One need look nowhere else. I regularly teach courses on this subject and have encountered no work that comes close to achieving what von Papp has achieved."George A Berman, Columbia Law School, European Law Review This timely book addresses the main areas of tension between EU law and international arbitration, looking at both commercial and investment treaty arbitration. It opens pathways for practical solutions based on communication between the different regimes. At the same time, it offers a sound theoretical basis that allows for addressing the core problem as normative conflict between legitimate public interests and the ‘privatisation of justice’.The book is divided into five parts. It introduces key aspects of the overall tension between EU law and international arbitration, before setting out the theoretical framework that understands EU law, international commercial arbitration, and investment treaty arbitration as closed regimes. The author then ad
優惠價: 9 2177
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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.
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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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The European Parliament and Delegated Legislation
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出版日:2022/11/03 作者:Merijn Chamon  出版社:Hart Publishing UK  裝訂:精裝
This book revisits the Treaty of Lisbon’s promise to further parliamentarize the EU’s functioning by looking into the Treaty-law framework governing the delegation of legislative power in the EU. In this field, the Lisbon Treaty formally greatly strengthened the position of the European Parliament vis-à-vis both the European Commission and the Council. The book explores whether Parliament’s formally reinforced role is reflected in the actual balance of powers in the area of delegated legislation and executive rule-making. It does so by assessing how both the law and practice of decision-making at the legislative level, looking at specific case studies, and the sub-legislative level, examining the scrutiny over delegated legislation, has crystallized in the ten years following the entry into force of the Lisbon Treaty. This rigorous study gives a fascinating insight into one of the most significant developments in European parliamentary law-making, which EU constitutional lawyers will f
優惠價: 9 3713
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Minority Recognition and the Diversity Deficit
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出版日:2022/10/20 出版社:Hart Publishing UK  裝訂:精裝
This book addresses one of the most serious societal questions of our time; namely how forms of minority recognition can be articulated in the law, institutions, and contemporary societal contexts. By so doing it approaches minority rights by means of a critical engagement with the law and its categorisations. Going further, it approaches collective recognition by means of distinct rights, including participation and free speech as well as the challenges arising with related conflicts of rights. Some chapters address intersectional forms of discrimination, illustrating the complexities of societal exclusion and the hopes placed in the law accommodating a multiplicity of grounds of discrimination. Drawing on empirical findings in Europe and Latin America, the book draws theoretical conclusions and new frameworks of recognition. A fascinating study on one of the key questions engaging human rights and discrimination law.
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Lawyers and the Rule of Law
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出版日:2022/10/20 作者:Andrew Boon  出版社:Hart Publishing UK  裝訂:精裝
This book examines lawyers' contributions to creating and maintaining the rule of law, one of the pillars of a liberal democracy. It moves from the European Enlightenment to the modern day, exploring the role of judges, government lawyers, and private practitioners in creating, defining, and being defined by, the demands of modern society. The book is divided into 4 parts representing the big themes. The first part considers lawyers' contribution to the growth of constitutionalism, the second, the formulation of roles and identities, and the third the formation of values. The fourth part focuses on the challenges faced by lawyers and the rule of law in the past 50 years, the neoliberal period, and how they challenge both conceptions of lawyers and the rule of law. Each part is illustrated by defining events, from the execution of Charles I, through the Nuremberg Trials, to the insurrection by supporters of Donald Trump in January 2021.Although the focus is on England and Wales, paral
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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
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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.
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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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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 1781
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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
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European State Aid Law and Policy (including UK Subsidy Control)
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出版日:2022/10/13 作者:Conor Quigley  出版社:Hart Publishing UK  裝訂:精裝
The fourth edition of Conor Quigley’s highly acclaimed book provides lawyers, regulators and public officials with a definitive statement of the law and practice of State Aid. The book places State Aid law and policy in its economic, commercial and industrial context, exploring the concept of State Aid and its function as a tool of EU law.All of this is achieved by a thorough examination of the jurisprudence of the European Courts and the decisions, legislation and guidelines of the Commission in declaring aid compatible or incompatible with the internal market.The fourth edition includes new chapters on:- COVID measures, Brexit, foreign subsidy regulation, the UK Subsidies Control Act and EU block exemption regulations- The changes brought about by new guidelines and regulations in relation to regional aid, R&D&I and environmental and energy aid
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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
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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.
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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
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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
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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
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Decent Work in the Digital Age
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出版日:2022/10/20 出版社:Hart Publishing UK  裝訂:精裝
This book explores the legal and practical implications of the digital age for employment and industrial relations. To that end, the book analyses the problems arising from the digitalisation of work and the negative effects on working conditions in fields such as platform work, robotisation, discrimination, data protection, and freedom of speech. It also looks at how to ensure decent working conditions for workers affected by digitalisation, by investigating the minimum standards that should be ensured to mitigate negative effects – and how these could be best guaranteed by legislation and collective bargaining.The book presents a theoretical framework on the impact of automatisation, robotics, and digitalisation on the very basic principles of individual and collective labour law. The chapters provide an in-depth analysis of new patterns of work prompted by digitalisation, including: classification of platform workers; recognition of employment and social security rights; competition
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Delivering Justice
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出版日:2022/10/20 出版社:Hart Publishing UK  裝訂:精裝
In this Liber Amicorum, leading experts and old-time friends from around the world come together to pay tribute to Christopher Hodges’ multifaceted career and work by exploring what can be done to deliver justice and fairness, focusing on collective redress, consumer dispute resolution, court system reform, ethical business regulation and regulatory delivery. After a decade-long career as a solicitor, Christopher Hodges became Professor of Justice Systems at the Centre for Socio-Legal Studies at the University of Oxford. Throughout his academic career he worked on a variety of topics dealing with access to justice and dispute resolution: from product liability, procedural/funding systems and collective redress, to alternative dispute resolution and ethical business regulation. In 2021 Christopher Hodges was awarded an OBE for services to business and law. His ground-breaking research not only inspired students and colleagues, but also influenced policymakers worldwide. Delivering justi
優惠價: 9 5445
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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
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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
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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.
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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
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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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Great Debates in Tort Law
滿額折
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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Judicial Protection of Fundamental Rights on the Internet
滿額折
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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Great Debates in Tort Law
滿額折
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
無庫存
Human Rights After Deleuze
滿額折
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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An Uncommon Lawyer
滿額折
出版日:2022/10/20 作者:Rt Hon Lord Woolf; CH  出版社:Hart Publishing UK  裝訂:平裝
In this unique book Lord Woolf recounts his remarkable career and provides a personal and honest perspective on the most important developments in the common law over the last half century. Opening with his life as a barrister and his role as the Treasury Devil, his recollections move to his judicial career and the many roles taken therein. The numerous standout moments examined include his work on access to the judiciary, prison reform, and suggested reforms to the European Court of Human Rights. Fascinating insights into the defining cases of his career, A-G v Jonathan Cape Ltd , Gouriet v Union of Post Office Workers , Tameside , Hazel v Hammersmith, M v Home Office , remind the reader of how impactful his influence has been. He considers the setting of the mandatory component of the life sentences of Thompson and Venables and the Diane Blood case. Alongside the case law, and the Woolf Reforms, the Constitutional Law Reform Act 2005 is also explored. Considering the ebb an
優惠價: 9 1138
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An Uncommon Lawyer
滿額折
出版日:2022/10/20 作者:Rt Hon Lord Woolf; CH  出版社:Hart Publishing UK  裝訂:精裝
In this unique book Lord Woolf recounts his remarkable career and provides a personal and honest perspective on the most important developments in the common law over the last half century. Opening with his life as a barrister and his role as the Treasury Devil, his recollections move to his judicial career and the many roles taken therein. The numerous standout moments examined include his work on access to the judiciary, prison reform, and suggested reforms to the European Court of Human Rights. Fascinating insights into the defining cases of his career, A-G v Jonathan Cape Ltd , Gouriet v Union of Post Office Workers , Tameside , Hazel v Hammersmith, M v Home Office , remind the reader of how impactful his influence has been. He considers the setting of the mandatory component of the life sentences of Thompson and Venables and the Diane Blood case. Alongside the case law, and the Woolf Reforms, the Constitutional Law Reform Act 2005 is also explored. Considering the ebb an
優惠價: 9 3465
無庫存
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