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Research Handbook on Big Data Law (Research Handbooks in Information Law series)
This state-of-the-art Research Handbook provides an overview of research into, and the scope of current thinking in, the field of big data analytics and the law. It contains a wealth of information to survey the issues surrounding big data analytics in legal settings, as well as legal issues concerning the application of big data techniques in different domains. Featuring contributions from a variety of expert scholars, this is an interdisciplinary dialogue addressing big data analytics, tools and techniques and the societal impact of the field. Chapters analyze both cases anchored in a particular legal system (such as anti-corruption in China) and big data law approaches relevant across multiple practice areas: including machine learning within law, legal information retrieval, natural language processing and e-discovery. It also offers original insights from industry project reports that use big data law techniques in interesting, new ways. Providing a unique and interdisciplinary blend of analysis, this Research Handbook will be a key resource for legal scholars and students researching in areas such as criminal, tax, copyright and administrative law. It will also prove useful for practicing lawyers wanting to get a sense of the legal practice of the future, as well as law-makers thinking about the use of big data law techniques in government policy.
Research Handbook on Cartels (Research Handbooks in Competition Law series)
Combining a variety of perspectives, this accessible Research Handbook provides a comprehensive and in-depth analysis of the most significant issues pertaining to the legal regulation of cartel activity.Its interdisciplinary team of top scholars explores theoretical, legal, economic, political, and comparative discourse surrounding cartel regulation. Collectively, its chapters address the major economic, substantive, and procedural issues encountered in cartel law and provide practical insight into the experiences of numerous jurisdictions from across the globe concerning anti-cartel enforcement. Rigorous and authoritative, this Research Handbook captures the informed views of various stakeholders in the debate at hand, including those of competition law academics, competition law economists, practising lawyers, and competition law enforcers.Given its scope and depth, this Research Handbook will be essential reading for academics, practitioners, and policymakers interested in competition law generally and in cartel law in particular. It will also be beneficial as a supplementary reading resource for students of competition law, most notably those examining the issues of cartel regulation.
Research Handbook on Climate Change Adaptation Law (Research Handbooks in Climate Law series)
This thoroughly revised Research Handbook on Climate Change Adaptation Law brings together leading scholars in the field to summarise and assess key topics including tort and insurance law, disaster law, water law and marine law as well as biodiversity law and pollution control. Providing a comprehensive review of new challenges faced as a result of a changing climate, this Second Edition considers the adaptation necessary to address the ongoing impacts from the warming of the Earth’s atmosphere at international, regional and domestic levels. It also analyses the legal instruments that go beyond helping societies to adapt to the changing climate, and assist in compensating victims of climate change damage. Chapters suggest forward-thinking approaches for how future policies and laws could help to create more climate resilient and stable societies, and offer a new insight into how climate change can affect both the local and international dimensions of security. With its transnational and multilevel approach, this Research Handbook is an essential resource for academics in the field of climate change policy and law as well as policy makers, NGOs and other government officials working in the field of climate change.
Research Handbook on Climate Change Law and Loss & Damage (Research Handbooks in Climate Law series)
This timely Research Handbook offers an insightful review of how legal systems – whether domestic, international or transnational – can and should adjust to fairly and effectively support loss and damage (L&D) claims in climate change law. International contributors guide readers through a detailed assessment of the history and current state of L&D provisions under the UN climate regime and consider the opportunities to fund L&D claims both within and outside the UN climate system. Split into four parts, the Research Handbook investigates the current legal frameworks for L&D across both public international law and domestic law. Chapters explore foundational issues including equity and justice and give a critical assessment of the current state and potential future evolution of international legal systems. The contributing authors also discuss the challenges faced by different legal systems in dealing effectively and fairly with L&D.Providing a comprehensive overview of this important topic, this Research Handbook will be an excellent resource for climate lawyers and policymakers. It will also be an invaluable read for academics and students researching environmental and climate issues.
Research Handbook on Climate Change Mitigation Law (Research Handbooks in Climate Law series)
This meticulously revised second edition provides a comparative overview of climate change mitigation issues and international regulatory approaches, bringing together expert contributors to analyse key sectors such as energy, transport, cities, industry, land use, agriculture and waste.Governments around the world have been investigating techniques to reduce greenhouse gas emissions for decades. This detailed Research Handbook considers the spectrum of legal and market-based instruments, as well as strategies and policies adopted around the world, to propose more effective, comprehensive and responsive ways of managing climate change mitigation. As well as taking stock of the current and proposed legal instruments, the book investigates the wider policy and economic aspects of coping with climate change. It provides a comparative overview of key issues across Europe, the United States, Asia-Pacific and the BRICS countries, and discusses domestic, regional and international law and governance. Important issues such as carbon trading, financing and litigation are also addressed.This timely Research Handbook will be an authoritative resource for scholars of climate change law and policy, whilst also providing a rigorous overview for upper-level students. Policymakers will gain insights from the comparative perspectives, and practitioners will appreciate the broad range of practical issues addressed.
Research Handbook on Climate Change, Oceans and Coasts (Research Handbooks in Climate Law series)
This thought-provoking Research Handbook offers a critical survey of the law and governance issues facing the world’s oceans and coasts in this era of Anthropocentric climate change. It discusses the biophysical impacts that climate change is having upon our oceans and coasts, as well as the various ways that international, national and sub-national laws have sought to respond. With contributions from scientists and lawyers, this comprehensive Research Handbook provides cutting-edge analysis of the marine governance responses to climate change and how this will need to adapt in a rapidly changing world. It reflects on the interaction of climate change with regional marine governance regimes and analyses the likely impacts on maritime and national security. Illustrating the up-to-date treatment of interactions between climate and oceans regimes, this incisive Research Handbook examines the possible adaptation options to address specific issues for our oceans and coasts. The Research Handbook on Climate Change, Oceans and Coasts will be a key resource for students, scholars and practitioners of climate change, water law and environmental law and policy, while also being of benefit to researchers in the cross-cutting fields of human rights and disaster law.
Research Handbook on Compliance in International Human Rights Law (Research Handbooks in Human Rights series)
This comprehensive Research Handbook offers an in-depth examination of the most significant factors affecting compliance with international human rights law, which has emerged as one of the key problems in the efforts to promote effective protection of human rights. In particular, it examines the relationships between regional human rights courts and domestic actors and judiciaries.Taking an interdisciplinary approach, the Research Handbook explores the legal and political considerations that shape compliance, using a combination of both international and comparative law analysis in the assessment of regional human rights regimes. Chapters written by leading scholars and practitioners from around the globe cover a wide range of jurisdictions from Europe, Latin America and Africa and their interactions with regional human rights courts. The Research Handbook also discusses the limits of, and possible alternatives to, compliance as a framework for analysis, offering a fuller understanding of the effectiveness of international human rights law.Scholars, students and practitioners of public international law, international human rights law and comparative law will find this Research Handbook an invaluable resource. It will also benefit officials and lawyers working with international organisations who deal with human rights issues on a regular basis.
Research Handbook on Contract Design (Research Handbooks in Information Law series)
This Research Handbook inspires a new vision of contracts, with practical illustrations of how they should be designed, rather than just drafted. The contributors offer a proactive approach, merged with innovative design, to show how contracts can be both user-friendly and legally functional. This ground-breaking work goes beyond the initial drafting and formation of contracts to cover implementation and integration with business infrastructure – including digital processes. Drawing on a multi-disciplinary perspective, it highlights all aspects of the contract lifecycle, using both theoretical and practical scenarios. As well as improved design and communication, the Handbook takes a creative view of the role of emerging technologies, including AI, and how they can increase contract functionality and visualisation. The goals are simplification, clarity about rights and obligations, and the prevention of unnecessary legal problems. Providing an up-to-date analysis of current trends in contract design thinking and practice, this Handbook will be an excellent resource for contract and legal professionals, scholars and practitioners. Entrepreneurs, procurement and sales managers, information designers and technologists will also find the forward-thinking, human-centred approach in this book illuminating and informative.
Research Handbook on Corporate Board Decision-Making (Research Handbooks in Business and Management series)
With a state-of-the-art perspective on corporate board decision-making that encourages thinking outside the box, this cutting-edge Research Handbook provides fresh insights on the meaning, value, contribution, quality and purpose of the decision-making of those charged with corporate governance.Expert contributors reflect on what boards decide, what they focus on when making these decisions, and how they endeavour to balance and satisfy diverse stakeholders, organisational, and societal interests. Chapters expand the research field of board decision-making, exploring related issues such as the impact of regulations and guidelines on decision-making quality; behavioural and cognitive factors in judgement formation; decision-making under extreme circumstances; fraud and bias; and independence, competence, ethics and diversity. Thought-provoking and perceptive, the book analyses board decision-making in practice, looking closely at corporate social responsibility, sustainability strategies, and governance best practice.With a broad and global range of case studies, this innovative Research Handbook will prove vital for students and scholars of corporate governance. Providing a comprehensive understanding of what motivates and influences the quality, purpose and rationale of board decision-making and the factors which interfere with good judgement, it will also be a key resource for board directors, policymakers and regulators working in corporate board governance and external audit.
Research Handbook on Corporate Governance and Ethics (Research Handbooks in Business and Management series)
This essential Research Handbook provides an in-depth analysis of the link between corporate governance and ethics. By bringing together internationally renowned scholars, it reflects upon pertinent trends and challenges within the field. Significantly, it illuminates the ethical foundations of corporate governance. Presenting nuanced viewpoints on topics such as the stakeholder turn of corporate governance, this Research Handbook presents comprehensive insights into essential subjects within ethics and governance. Chapters examine the complexities of sustainably creating value, as well as how corporate governance may aid in overcoming challenges such as inequality and value conflicts. Importantly, they address the ethical foundations of corporate governance while identifying important current and future research trends. The Research Handbook on Corporate Governance and Ethics will be perfect for scholars of business and management pursuing further research into corporate governance. It will additionally be beneficial for policymakers and practitioners seeking further information on the diversity of research perspectives within this field.
Research Handbook on Corporate Liability (Research Handbooks in Private and Commercial Law series)
This Research Handbook considers many aspects of corporate liability, beginning with a fundamental explanation of what the company is, through depictions of corporate liability in theory, and on to the key areas of liability in practice. While including a timeless distillation of the guiding principles, each contribution explores the emerging boundaries of corporate liability issues so as to bring understanding to new levels.Cross-jurisdictional and interdisciplinary in nature, the contributions cover corporate and participant liability under statutory law, tort and criminal law, and corporate fiduciary and securities law. Specific perspectives include those on corporate vicarious liability, accountability for AI labour, and procedural law challenges. This Research Handbook examines not only the current state of play, but also predicts trends likely to feature in the development of corporate liability, including those in the areas of ESG and technology.Featuring contributions from leading scholars in their respective fields, this Research Handbook will be essential reading for scholars and students of commercial law, corporate law, and corporate governance. It will also be beneficial for judges, legal practitioners, and policymakers specialising in corporate liability.
Research Handbook on Corporate Purpose and Personhood (Research Handbooks in Corporate Law and Governance series)
This insightful Research Handbook contributes to the theoretical and practical understanding of corporate purpose and personhood, which has become the central debate of corporate law. It provides cutting-edge thoughts on the role of corporations in society and the nature of their rights and responsibilities.Featuring contributions from leading scholars, the Research Handbook invites readers to reconsider corporate purpose and personhood by offering a perceptive route to better understand changes that are already apparent in the modern corporation across the world. It provides examples of how a 21st century lens for viewing corporate purpose and personhood will leave us with a different picture and a new understanding of these topics, as well as future directions in corporate social responsibility. Chapters offer analysis of a wide range of topics related to corporate purpose and personhood, including shareholder primacy, stakeholder governance, corporate social responsibility and benefit corporations.This Research Handbook will be a vital resource for students and academics in the areas of corporate and constitutional law, as well as for researchers with an interest in management, business and social responsibility.
Research Handbook on Corporate Restructuring (Research Handbooks in Private and Commercial Law series)
This timely Research Handbook examines the increasingly economically vital topic of corporate restructuring. Reflecting a shift in the global approach to insolvency towards a focus on rescuing viable businesses rather than liquidation, chapters consider all areas of the law closely connected to corporate insolvency, rehabilitation and rescue, as well as the introduction of the EU Preventive Restructuring Directive and other reforms from around the world.Featuring international expert academics, practitioners and judges, the Research Handbook takes a thematic approach, exploring national and international models for rescue, stakeholders in insolvency, corporate structures and organisational models, specialist process issues, and institutional support, as well as interdisciplinary and cross-field aspects of insolvency and restructuring. Contributions analyse issues from a broad variety of perspectives, including the economic and social aspects of insolvency, and provide a comparative discussion of topics that will further inform global academic debate in this area.Scholars and students of corporate and insolvency law, commercial law, and law and economics, will find the inter-disciplinary legal, theoretical and jurisprudential discussion invaluable. The analysis of current reform agendas, practical and alternative solutions to common problems, and comparative approach will also be of interest to practitioners and policymakers.
Research Handbook on Corporate Taxation (Research Handbooks in Private and Commercial Law series)
Encapsulating the multitude of challenges faced by the international corporate tax regime, this timely Research Handbook provides an in-depth comparative legal analysis of corporate income tax as it is practiced across the world.Beginning with four foundational chapters exploring the purpose and history of corporate tax, the Handbook goes on to provide a synthesis of the key issues in corporate taxation within the US regime, addressing some of the cutting-edge normative issues in designing a corporate tax. It then proceeds to set this against the experience in the EU and eleven other countries including the UK, Canada, China, Japan, India, Brazil and New Zealand. A further section on corporate tax planning includes careful analysis of such issues as corporate tax shelters, economic substance, social responsibility and governance, before final, horizon-scanning chapters consider the future of corporate tax and whether a new form of corporate tax might be possible.With a variety of paths to reform proposed throughout, this Research Handbook will prove an invigorating read for tax scholars working on taxation and tax law as well as for tax practitioners and those in fiscal policy seeking ways to improve, or navigate, the current state of affairs in international corporate tax law.
Research Handbook on Cross-Border Bank Resolution (Research Handbooks in Financial Law series)
Since the great financial crisis, many countries across the globe have witnessed the introduction of new recovery and resolution regimes for banks. The Research Handbook on Cross-Border Bank Resolution analyses the strengths and weaknesses of the current regulatory framework for resolving cross-border bank crises and proposes avenues for improvement. This cutting edge Research Handbook includes a broad range of perspectives of the regulatory and economic infrastructure of the banks themselves, third parties, and real life case studies, on both a domestic and, in particular, an international level. Chapters are authored by eminent experts in the field with contributions from the US, EU, Japan and China. With its comprehensive and rounded analysis of cross-border bank resolution, this wide-ranging Research Handbook will be of value to academics and researchers across the globe. The practical issues and policy recommendations included will also be of benefit for policy makers within the banking sector and bankers and lawyers alike.
Research Handbook on Digital Trade
This comprehensive Research Handbook analyzes the impact of the rapid growth of digital trade on businesses, consumers, and regulators. Leading experts provide theoretical and practical insight into how to manage the legal and policy challenges of the global digital economy.Chapters cover key areas of digital trade policy and regulation, examining finance, investment, tax, AI, and security. Drawing from a broad spectrum of digital trade sub-specialisms, this Research Handbook explores diverse regional and national approaches to e-commerce, spanning Africa, the Americas, Asia, Europe, and the Middle East. It scrutinizes the evolution of digital trade within the international trade system, assessing its inclusion within the WTO and the move towards digital-only agreements. Contributors investigate pressing legal controversies concerning trade protectionism, the recognition of intellectual property, and the safeguarding of personal data.This Research Handbook will be an invaluable resource for academics and students in digital trade, international law, public policy, and regulation. It will also be a useful guide for legal and political practitioners seeking to understand the emerging field of digital trade.
Research Handbook on Disability Policy (Elgar Handbooks in Social Policy and Welfare)
Examining how policy affects the human rights of people with disabilities, this topical Handbook presents diverse empirical experiences of disability policy and identifies the changes that are necessary to achieve social justice. Expansive in scope, the Handbook illustrates how language, law and concepts about human rights impact the way that disability policy is framed and implemented. Chapters use the lenses of human rights, welfare, health and economic inclusion to address contemporary policy questions such as globalization and technology. Grounded in lived experiences, the Handbook interweaves personal narratives from people with disabilities which provide important insights into how policy impacts opportunity and point to future possibilities for the influence of human rights on policy change. As narrative author Karla Garcia Luiz reflects, ‘We often share situations that make us feel lonely, exhausted, insecure, questioning ourselves.... When we share, we realize that these feelings are collective and, [in]naming them we re-signify them and, thus, we strengthen ourselves for political action’.Informed by international, comparative experiences, this Handbook will be an engaging and perceptive resource for students and scholars of sociology and social policy, health and welfare studies and disability policy. With diverse examples from across the Global North and South, it will also appeal to people working in social policy who are looking to develop and reform policies to be more inclusive, accessible and progressive towards people with disabilities.
Research Handbook on Diversity and Corporate Governance (Research Handbooks in Business and Management series)
Challenging existing research and concepts, this Research Handbook presents cutting-edge insights into diversity and corporate governance. Going beyond the surface of diversity, global expert contributors present diverse chapters offering a wide range of perspectives on the use of theories and methodologies. Integrating multi-disciplinary insights and decades of research and evidence into a historical overview and multilevel framework of diversity and corporate governance, this Research Handbook provides a deep dive into gender, caste and ethnicity. Split into five thematic parts, it provides a full focus on meaning, impact and reflection to provide a much broader look at the topic and illustrates novel theoretical dimensions such as dynamic capabilities and digital expertise. This Handbook will be an excellent resource for scholars researching topics including corporate governance, boards of directors and diversity. The breadth of perspectives offered will also be illuminating and informative for global policy makers and business leaders.
Research Handbook on Economic, Social and Cultural Rights as Human Rights (Research Handbooks in Human Rights series)
This exciting Research Handbook combines practitioner and academic perspectives to provide a comprehensive, cutting edge analysis of economic, social and cultural rights (ESCR), as well as the connection between ESCR and other rights. Offering an authoritative analysis of standards and jurisprudence, it argues for an expansive and inclusive approach to ESCR as human rights. Expert contributors discuss ESCR-related structures and mechanisms in the international, regional and domestic spheres, and chapters explore the details, interpretations and current developments of each thematic right, illustrating the critical cross-cutting and fault line issues relating to global ESCR. Taking a far-sighted approach, contributors critically assess the failure of dominant human rights paradigms to address ESCR and to create a framework for multilateral responses to emerging global threats, arguing that a robust, reinforced ESCR approach and practice is needed to meet the human rights challenges of the 2020s. This Research Handbook is a valuable contribution to the human rights field. Providing an overview of ESCR-related systems, cases and challenges around the world, it will be particularly beneficial for practitioners, scholars and students interested in international human rights, as well as to lawyers and judges considering ESCR in the context of domestic law. International and local NGOs and human rights organizations will also find this an essential guide on mechanisms to advance ESCR as human rights.
Research Handbook on Empirical Studies in Intellectual Property Law (Research Handbooks in Intellectual Property series)
This comprehensive Research Handbook explores empirical legal studies of intellectual property law. It covers research from four continents and offers unique conclusions to aid in the creation and understanding of policies and legislation. By combining research from both leading experts and up-and-coming scholars, this expansive Research Handbook examines the four main intellectual property rights: patent, trademark, design and copyright, as well as trade secrets. Chapters provide cutting-edge empirical data and projections on legislation and case law, using quantitative and qualitative methods, including surveys, interviews, descriptive and inferential statistics. The Research Handbook on Empirical Studies in Intellectual Property Law will be highly beneficial for scholars and advanced students of intellectual property, in both legal and economic disciplines, and will inspire new research directions. Practitioners and policymakers will also be interested as the chapters offer statistics on which client advice and policymaking can be based.
Research Handbook on Energy, Law and Ethics
This Research Handbook offers crucial ethical perspectives on navigating the increasingly complex and contested landscape of contemporary energy law. Taking an interdisciplinary approach, it brings together diverse scholarship and expertise from academia, international organizations, legal practice and the judiciary to address wide-ranging issues linking energy and law to ethical drivers such as wealth, peace and war, development, climate change, and use and abuse of natural resources.The Handbook investigates first the governing dynamics of energy, law and ethics, providing a conceptual overview of key topics. It then examines the ethics of financing energy projects, renewable energy transition and climate change mitigation. The final part is a case study of energy, law and ethics in practice. Throughout, the Handbook draws on the vital underlying theme of intergenerational equity, offering a toolbox of arguments for framing the law and policies that will shape the future of the planet.The Research Handbook on Energy, Law and Ethics will be an essential resource for scholars and practitioners working in all areas of energy law, particularly its intersections with climate change, renewable energy transition and environmental justice. Negotiators and policymakers will also find its delineation of current debates and reference to practical experience invaluable.
Research Handbook on Environmental, Social and Corporate Governance (Research Handbooks in Corporate Law and Governance series)
The Research Handbook on Environmental, Social and Corporate Governance presents a comprehensive view of a rapidly evolving area of study. Adopting a comparative approach, it goes beyond issues of sustainability and human rights, covering the whole spectrum of ESG and its regulatory developments.Astutely organized into clearly defined and thematic sections, chapters tackle classic questions relating to corporate governance, assess the current state of ESG and address important issues arising from its development. A carefully selected, distinguished and diverse cast of authors explore topics including directors’ duties and managerial decision-making, the changing landscape of investor and shareholder activism, investment and fund regulation, and ESG initiatives in international law.This interdisciplinary Research Handbook is essential reading for academics and students of law, environmental studies, and politics and public policy. Legal practitioners of corporate law, capital markets law and securities regulation will also benefit from this authoritative analysis of ESG regulatory developments.
Research Handbook on Ethical Consumption: Contemporary Research in Responsible and Sustainable Consumer Behaviour
Presenting a contemporary reflection on ethical and sustainable consumption, this insightful Research Handbook explores the challenges and complexities of living an ethical and sustainable life, and for the researchers who study them. Featuring cutting-edge, multidisciplinary research from authors with unique perspectives and expert insights, this Research Handbook takes a deeper look at the past, present, and future of ethical and sustainable consumption. Chapters explore, among other topics, sustainable solutions to improve responsible seafood consumption, modern slavery, edible insects and the future of planet-friendly proteins, and the influence of austerity in normalising sustainable consumption. Additionally, the Research Handbook analyses consumer engagement with sustainability labelling in the food industry and the role of shared e-micromobility in sustainable transportation. Empirical and conceptual in its approach, the Research Handbook provides significant managerial implications and reviews the compelling questions in ethical and sustainable consumption research. With contemporary reflections on ethical and sustainable consumption, this interdisciplinary Research Handbook will be essential reading for students and scholars across business management, economics, geography, environmental sociology and marketing.
Research Handbook on EU Data Protection Law (Research Handbooks in European Law series)
Bringing together leading European scholars, this thought-provoking Research Handbook provides a state-of-the-art overview of the scope of research and current thinking in the area of European data protection. Offering critical insights on prominent strands of research, it examines key challenges and potential solutions in the field.Chapters explore the fundamental right to personal data protection, government-to-business data sharing, data protection as performance-based regulation, privacy and marketing in data-driven business models, data protection and judicial automation, and the role of consent in an algorithmic society. Expert contributors investigate the impact of Brexit on the right to data portability, essential equivalence as a benchmark for international data transfers following Schrems II, and data protection in relation to the application and boundaries of the Law Enforcement Directive, trade secret privileges, and competition law.Comprehensive, yet accessible, the Research Handbook on EU Data Protection Law will be a valuable resource for students and scholars of technology and data protection law, privacy law, and European law more broadly, while also being a useful tool for practitioners and policymakers concerned with data protection.
Research Handbook on EU Disability Law (Research Handbooks in European Law series)
This Research Handbook comes at an opportune time, and provides a comprehensive and wide-ranging exploration of relevant developments concerning disability rights at EU level. It also looks beyond the EU, focusing on how disability has been relevant in EU external relations. In addition, the Research Handbook considers the interface between EU disability law and Council of Europe law. Expert contributors address key questions related to the scope and impact of EU disability law, examining its compliance with the UN Convention on the Rights of Persons with Disabilities (CRPD) and the gaps that remain to be filled in implementation by the EU. Analysing the most important and recent developments in EU disability law, the chapters in this Research Handbook trace its evolution, and assess the extent to which disability rights are protected and promoted in various strands of EU law and policy. The chapters highlight the connections, overlaps and inconsistencies which exist across those strands. This thought-provoking Research Handbook will be a valuable resource for scholars; researchers and students of disability law, EU law and international law; as well as practitioners, policy makers, civil society organizations and European think tanks engaged with the fields of EU and international disability law.