Download or read book YSEC Yearbook of Socio Economic Constitutions 2022 written by Eva Storskrubb and published by Springer Nature. This book was released on 2023-11-13 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: Funding of justice has significant consequences for the enforcement of rights and impacts directly on access to justice and the right to a fair trial as constitutional rights. Access to justice in turn essentially impacts on the effective enjoyment of any other constitutional right, since having the actual means to access a court in case of a potential breach strengthens that right. Public funding, such as legal aid, has come under pressure due to the reality of financial austerity measures and the tightening public budgets in many countries. This has contributed to privatization and marketisation of funding in ever more jurisdictions. Private forms of funding include inter alia litigation insurance, third-party litigation finance and crowdfunding, as well as different forms of assigning or selling claims. As public funding is in decline and as market liberalization in the field of justice increases, crucial questions related to the rule of law, access to justice and social and economic development, in the intersection between states, citizens and business are raised. For example, potential questions of conflict of interest and how to ensure a basic level of equality of access to funding, whilst at the same time protecting market freedom. Some of the contributions in the volume deal with the consequences of privatization of funding of justice on access to justice from a general, principled and theoretical perspective. Other contributions deal with specific regulatory developments or issues at the EU level, alternatively at the local level in specific jurisdictions. Further contributions deal with crucial issues of funding of justice in environmental matters, that are increasingly relevant and topical in practice.
Download or read book YSEC Yearbook of Socio Economic Constitutions 2021 written by Steffen Hindelang and published by Springer Nature. This book was released on 2022-07-12 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume addresses contemporary challenges, enabled by modern technology, that concern upholding freedom of speech where it conflicts with social rights, such as respect for private and family life, and with economic rights, such as the freedom to conduct business or the right to free movement. In today’s networked world, technological shifts happen faster than most people even realize. Some of these shifts have made us all potentially powerful: media powerful. We used to sit in silence in front of newspapers and TV screens, and the world was explained to us by just a few sources. Today, thanks to the Internet, social media, and Web 2.0, we can not only share our own thoughts with everyone in a more self-determined way, but we can also take part in public debate and even co-shape it ourselves. Of course, the Internet is not a counter-design to the communication (power) structures of the past. Gains in communicative self-determination are threatened due to algorithmisation, platformisation, and value extraction from self-created private markets. At the same time, the empowerment of the individual challenges the old “grand speakers” who are suddenly detecting “fake news”, echo chambers, and filter bubbles everywhere on the Internet. Internet-based communication allegedly hinders us from the “one truth”; as if newspaper hoaxes, propaganda, and narrow-mindedness were an invention of the Internet. The current heated debate over “fake news”, copyright, and “upload filters” shows that we are unsure of how to deal with the newer and more complex phenomena of Internet-based speech. This is due in no small part to the fact that an important benchmark – our constitutional compass – is still firmly rooted in the past. Constitutions change far more slowly than technologies. Societal changes can drive constitutional changes; but what about normative content control? Today, there are already demands for “old-school clarity”: truth filters on social media platforms, horrendous sums of liability for platforms that encourage (overly)thorough cleaning up. However, it is equally true that private individuals “regulate”: they decide what is found on the Internet and who may post on a given platform. Accounting for all interests at play and striking a “fair” balance that avoids both a public and private over- and under-regulation is a complex matter. The authors of this volume not only provide reflections in their highly topical contributions, but also share their understanding of what constitutes a fair balance within the larger frame of freedom of speech in a digital age.
Download or read book YSEC Yearbook of Socio Economic Constitutions 2023 written by Eduardo Gill-Pedro and published by Springer Nature. This book was released on with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Asian Yearbook of International Economic Law 2023 written by Marc Bungenberg and published by Springer Nature. This book was released on with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book YSEC Yearbook of Socio Economic Constitutions 2022 written by Eva Storskrubb and published by Springer. This book was released on 2023-11-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Funding of justice has significant consequences for the enforcement of rights and impacts directly on access to justice and the right to a fair trial as constitutional rights. Access to justice in turn essentially impacts on the effective enjoyment of any other constitutional right, since having the actual means to access a court in case of a potential breach strengthens that right. Public funding, such as legal aid, has come under pressure due to the reality of financial austerity measures and the tightening public budgets in many countries. This has contributed to privatization and marketisation of funding in ever more jurisdictions. Private forms of funding include inter alia litigation insurance, third-party litigation finance and crowdfunding, as well as different forms of assigning or selling claims. As public funding is in decline and as market liberalization in the field of justice increases, crucial questions related to the rule of law, access to justice and social and economic development, in the intersection between states, citizens and business are raised. For example, potential questions of conflict of interest and how to ensure a basic level of equality of access to funding, whilst at the same time protecting market freedom. Some of the contributions in the volume deal with the consequences of privatization of funding of justice on access to justice from a general, principled and theoretical perspective. Other contributions deal with specific regulatory developments or issues at the EU level, alternatively at the local level in specific jurisdictions. Further contributions deal with crucial issues of funding of justice in environmental matters, that are increasingly relevant and topical in practice.
Download or read book Weaponising Investments written by Jens Hillebrand Pohl and published by Springer Nature. This book was released on with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Stockholm Arbitration Yearbook 2023 written by Patrik Scholdstrom and published by Kluwer Law International B.V.. This book was released on 2024-01-16 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: Each year, Stockholm is the arbitration seat of choice for numerous parties endeavouring to resolve international disputes. It is the second most used venue for investment disputes, and it is often the venue for disputes arising from the Energy Charter Treaty. This annual publication, launched under the auspices of the Stockholm Centre for Commercial Law, is designed to meet the information needs of arbitration practitioners and parties from all over the world. The present edition’s topics include: arbitration and EU sanctions against Russia; the ins and outs of arbitrator selection; the divide between lawful and unlawful expropriation in investment arbitration; tactical misuse of GDPR in arbitration; court-assisted preservation of evidence; and the distinction between jurisdiction and admissibility. The Yearbook provides both perspective and detailed analyses that will be welcomed by arbitration practitioners, counsel and judges deciding arbitration cases. It will also provide valuable insights for arbitration academics, in-house counsel at multinational companies and arbitral institutions worldwide.
Download or read book EU Rule of Law Procedures at the Test Bench written by Cristina Fasone and published by Springer Nature. This book was released on with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Political Economy of Geoeconomics Europe in a Changing World written by Milan Babić and published by Springer Nature. This book was released on 2022-10-13 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together researchers from different analytical perspectives for the study of contemporary geoeconomics to create a broader and more useful catalogue of conceptual tools, empirical entry points, and case studies around the subject. The distinctive contribution this book offers is its firm rooting in International Political Economy and the hitherto under-researched geoeconomics dynamics of Europe. Many existing accounts of geoeconomics have been developed in International Relations and often reproduce some of the state-centric and static assumptions of the discipline. Recent scholarship furthermore tends to focus on the US-China rivalry, thus discounting the role of other global powers in shaping geoeconomics. As a first collective contribution to the topic in the field of International Political Economy, the book stands to become a major reference point in the field for the coming years. Interest in geoeconomics as well as in related concepts like weaponized interdependence or emerging new rivalries has been on the rise in recent years and will be one of the key research areas in the coming decade of transition and change in Europe and beyond. Chapters 1, 2 and 7 are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
Download or read book Research Methods in Private International Law written by Xandra Kramer and published by Edward Elgar Publishing. This book was released on 2024-05-02 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: This incisive Research Handbook provides valuable insights into the various methodological approaches to Private International Law from regulatory and educational perspectives. It comprehensively unpacks central themes in the field including international jurisdiction, recognition and enforcement, and scrupulously analyses core debates whilst addressing legislative and policy issues.
Download or read book National Security and Investment Controls written by Jens Hillebrand Pohl and published by Springer Nature. This book was released on with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Third Party Funding in Investment Arbitration written by Can Eken and published by Springer Nature. This book was released on with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Business Freedoms and Fundamental Rights in European Union Law written by Niall O'Connor and published by Oxford University Press. This book was released on 2024-10-31 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 16 of the EU Charter of Fundamental Rights, recognizing 'the freedom to conduct a business in accordance with Union law and national laws and practices', has been the subject of intense debate over the value of business freedoms within EU law. Problematically, the Court of Justice of the European Union (CJEU) relied on this provision in a series of highly deregulatory judgments, invoking Article 16 to undermine the effectiveness of employee-protective legislation. Business Freedoms and Fundamental Rights in European Union Law assesses the value placed on the freedom to conduct a business as a fundamental right within the legal reasoning of the CJEU. Arguing that this freedom can only properly be understood in relation to its wider constitutional and social rights functions, it uses the employment law context as a case study, given the tensions that exist between the (economic) rights of employers and the (social) rights of employees. Examined holistically, the book demonstrates that granting fundamental rights status to business freedoms is not inherently deregulatory, with such freedoms also encapsulating 'social' rights, values, and interests. The freedom to conduct a business, therefore, emerges as a malleable fundamental rights concept, dependent on the underlying constitutional context, whether that be within national constitutional law, the EU Charter of Fundamental Rights, general principles of EU law, or in the arrangements governing the United Kingdom's departure from the EU. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations.
Download or read book Energy Informatics written by Bo Nørregaard Jørgensen and published by Springer Nature. This book was released on with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Screening Foreign Direct Investment in the EU written by Jens Velten and published by Springer Nature. This book was released on 2022-07-19 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreign Direct Investment (FDI) from third countries—a desirable form of investment to boost the EU’s economy or a threat to important EU and Member State interests that must be mitigated via FDI screening mechanisms? FDI screening is a complex, controversial and highly topical subject at the intersection of law, politics and economics. This book analyzes the political rationale behind FDI screening in the EU, reveals the legal limitations of current FDI screening mechanisms based on security and public order, and identifies legislative options for broader screening mechanisms in accordance with EU and international economic law. In particular, the book identifies the four main concerns in the EU regarding FDI from third countries: distortive competition effects; the lack of reciprocity on FDI treatment between the EU and the investor’s home country; objectives of the investor or their home country that may be detrimental to EU interests; and safety of private information. On this basis, the book analyzes the Screening Regulation (Regulation (EU) 2019/452) and its newly introduced screening ground “security or public order” and asks whether this and other similar screening grounds based on the notions of security, public order and public policy can address these concerns with regard to foreign investors. Based on an analysis of WTO law and EU primary law, it argues that they cannot. Thus, the question arises: Do the EU and Member States have the flexibility to adopt broader FDI screening mechanisms? To answer this question, the book examines the freedoms of capital movement and establishment in EU primary law, as well as various sources of international economic law such as, first and foremost, the WTO’s General Agreement on Trade in Services, but also other bi- and plurilateral trade and investment treaties, including the EU-China Comprehensive Agreement on Investment. In closing, the book identifies various legislative options for broader FDI screening mechanisms—and their shortcomings.
Download or read book International Investment Law and the Pandemic written by and published by BRILL. This book was released on 2024-11-14 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses how the Covid pandemic has reshaped investment screening mechanisms, investment law and arbitration. Contributions from leading academics and practitioners offer a fresh perspective on the reform of the ISDS mechanism and investment treaties; security and public order risks in FDI screening; the application of treaty standards and customary law defences; and the critical role of scientific data in investment arbitration. With rare insights and unpublished data, this book is your essential guide to understanding the resilience of the investment regime in these challenging times.
Download or read book Psybersecurity written by Oliver Guidetti and published by CRC Press. This book was released on 2024-09-09 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Psybersecurity: Human Factors of Cyber Defence is a clarion call to action in the face of a stark reality: over 90% of cyberattacks exploit human vulnerabilities, as highlighted by the 2022 Global Risks Report from the World Economic Forum. This gap between the rapid advancement of cyber security technologies and the slower pace of development in human-centric defences poses a formidable challenge to national security and personal safety. Amidst the dazzling progress of AI technologies like ChatGPT and Microsoft Security Co-Pilot, the human element of cyber security remains critically underdeveloped. Set against the backdrop of the Australian government's ambitious goal to become the world's most cybersecure nation by 2030, this book embarks on a mission to address the overlooked human factors in cyber defence. It advocates for a balanced approach that not only relies on technological advancements but also significantly enhances the human aspects of cyber security. Through an interdisciplinary exploration, Psybersecurity delves into how cyberthreats exploit human vulnerabilities and offers innovative solutions for building resilience against these vulnerabilities. It examines the necessity for cyber security strategies that encompass psychological insights, systemic resilience, and the mitigation of human errors, particularly within critical infrastructures and cyber-physical systems (CPS). Furthermore, this work critiques existing cyber security education frameworks, proposing a comprehensive curriculum that equips individuals with technical skills and the behavioural competencies needed to navigate the cyber landscape ethically and effectively. It also addresses AI's ethical dilemmas and psychological impacts, offering a forward-looking perspective on combating AI-driven harassment and endorsing a new field of study: "Psybersecurity." Psybersecurity: Human Factors of Cyber Defence aims to bridge the gap between cyber security and human sciences, ignite a transformation in understanding, and fortify our digital world. It is an essential read for academics, professionals, and anyone committed to building a safer, more resilient cyber future in alignment with Australia's 2030 vision.
