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The Impact of Emerging Technologies on the Law of Armed Conflict (The Lieber Studies Series)
by Michael N. SchmittEmerging technologies have always played an important role in armed conflict. From the crossbow to cyber capabilities, technology that could be weaponized to create an advantage over an adversary has inevitably found its way into military arsenals for use in armed conflict. The weaponization of emerging technologies, however, raises challenging legal issues with respect to the law of armed conflict. As States continue to develop and exploit new technologies, how will the law of armed conflict address the use of these technologies on the battlefield? Is existing law sufficient to regulate new technologies, such as cyber capabilities, autonomous weapons systems, and artificial intelligence? Have emerging technologies fundamentally altered the way we should understand concepts such as law-of-war precautions and the principle of distinction? How can we ensure compliance and accountability in light of technological advancement? This volume of the Lieber Studies explores these critical questions while highlighting the legal challenges--and opportunities--presented by the use of emerging technologies on the battlefield.
The Impact of Emerging Technologies on the Law of Armed Conflict (The Lieber Studies Series)
Emerging technologies have always played an important role in armed conflict. From the crossbow to cyber capabilities, technology that could be weaponized to create an advantage over an adversary has inevitably found its way into military arsenals for use in armed conflict. The weaponization of emerging technologies, however, raises challenging legal issues with respect to the law of armed conflict. As States continue to develop and exploit new technologies, how will the law of armed conflict address the use of these technologies on the battlefield? Is existing law sufficient to regulate new technologies, such as cyber capabilities, autonomous weapons systems, and artificial intelligence? Have emerging technologies fundamentally altered the way we should understand concepts such as law-of-war precautions and the principle of distinction? How can we ensure compliance and accountability in light of technological advancement? This volume of the Lieber Studies explores these critical questions while highlighting the legal challenges--and opportunities--presented by the use of emerging technologies on the battlefield.
The Impact of Environmental Law: Stories of the World We Want (The IUCN Academy of Environmental Law series)
by Elizabeth A. Kirk Jessica Steinberg Albin Rose-Liza Eisma-OsorioThis cutting-edge book invites readers to rethink environmental law and its critical role in ensuring a sustainable future for all. Featuring international narratives, it demonstrates how environmental law can be a potent tool to secure multi-actor engagement, to improve ocean governance and to usher in effective policy reforms. Contributors illustrate narratives of successful historic and contemporary developments in environmental law, setting out innovative approaches to issues such as environmental enforcement and monitoring, effective forest protection, climate adaptation and disaster risk reduction. Drawing out key lessons and practices for effective reform, this insightful book highlights opportunities by which we can respond to the acute environmental challenges facing the planet. Bringing together perspectives from both established and up-and-coming scholars, this book will be of interest to academics and students of environmental law, as well as researchers of environmental management. Policy makers and practitioners will also find inspiration in fruitful stories of environmental law and policy reform.
The Impact of Equity and Restitution in Commerce (Hart Studies in Private Law)
by Professor Peter Devonshire Mr Rohan HavelockCommercial relationships give rise to diverse forms of legal obligation in private law, including contract, tort, agency, company law and partnership. More controversially, equity and the law of restitution have a less defined and somewhat ambulatory role in regulating the affairs of commercial parties. Nevertheless, their impact is manifest in the commercial arena through the distinct types of liability they engender and the remedies that are imposed. This collection draws together the views of leading international scholars and judges to explore the nature and extent of this impact from two perspectives. Five chapters primarily address this impact at a macro-level, focusing on the roles of equity and the law of restitution in terms of legal taxonomy, doctrine and policy. In contrast, five further chapters primarily address this impact at a micro-level, focusing on selected liabilities and remedies within equity and the law of restitution. This bifocal approach enables a holistic appreciation of some important ways in which equity and the law of restitution affect or may affect commerce, with a view to fostering further debate over the fundamental issues at stake.
The Impact of Equity and Restitution in Commerce (Hart Studies in Private Law)
by Professor Peter Devonshire Mr Rohan HavelockCommercial relationships give rise to diverse forms of legal obligation in private law, including contract, tort, agency, company law and partnership. More controversially, equity and the law of restitution have a less defined and somewhat ambulatory role in regulating the affairs of commercial parties. Nevertheless, their impact is manifest in the commercial arena through the distinct types of liability they engender and the remedies that are imposed. This collection draws together the views of leading international scholars and judges to explore the nature and extent of this impact from two perspectives. Five chapters primarily address this impact at a macro-level, focusing on the roles of equity and the law of restitution in terms of legal taxonomy, doctrine and policy. In contrast, five further chapters primarily address this impact at a micro-level, focusing on selected liabilities and remedies within equity and the law of restitution. This bifocal approach enables a holistic appreciation of some important ways in which equity and the law of restitution affect or may affect commerce, with a view to fostering further debate over the fundamental issues at stake.
The Impact of EU Law on Minority Rights (Modern Studies in European Law)
by Tawhida AhmedThis book provides a critical evaluation of the ways in which EU law engages with minority rights protection: at its core is an analysis of EU law and minority rights. Unlike the UN or ECHR, the EU has no competence to set standards on minority protection and this has been a point of disappointment for minority rights advocates. Indeed, this book will demonstrate that, in EU law, binding standards really only exist in the sphere of non-discrimination and are at their strongest in the field of employment. As such, binding standards within EU law affect only a small proportion of the canon of minority rights. However, the EU does have competence to promote diversity and facilitate redistribution of power and resources across the EU. According to a broad understanding of minority rights protection, acts of promotion and facilitation -alongside those of standard-setting - constitute essential underpinnings for minority protection. The EU's existing competences do therefore play a key role in minority protection. In order to support these conclusions, the book undertakes a comprehensive examination of the impact of EU law on minority rights protection. The book examines a broad range of the EU's legal provisions and principles which may affect minority protection, before undertaking in-depth analyses of the examples of minority cultural rights and minority linguistic rights. In addition, the final substantive chapter of the book contextualises the impact of EU law within the perspective of the overall needs of a specific group - the Roma minority. The concluding chapter draws together the EU's contribution to minority rights. In short, the EU can be seen as a promoter, but not a protector, of minority rights. Although not ideal, especially from the perspective of minorities, it is worth at least exploring such a view. Such an exploration would enable the EU most easily to build upon its existing competences and regulatory capacities.This book will be of interest to lawyers and activists concerned with minority rights and Roma rights protection within the EU. It will also be of relevance to those interested in understanding the dynamics between the EU and the international law community in overlapping areas of rights protection, and exploring how this informs our perception of the capacity of the EU to be a central actor in the field of rights protection.
The Impact of European Institutions on the Rule of Law and Democracy: Slovenia and Beyond (EU Law in the Member States)
by Matej Avbelj Jernej Letnar CernicSince 2010 the European Union has been plagued by crises of democracy and the rule of law, which have been spreading from Central and Eastern Europe (CEE), catching many by surprise. This book argues that the professed success of the 2004 big bang enlargement mirrored the Potemkin villages erected in the new Member States on their accession to Europe. Slovenia is a prime example. Since its independence and throughout the accession process, Slovenia has been portrayed as the poster child of the 'New Europe'. This book claims that the widely shared narrative of the Slovenian EU dream is a myth. In many ways, Slovenia has fared even worse than its contemporary, constitutionally-backsliding, CEE counterparts. The book's discussion of the depth and breadth of the democratic crises in Slovenia should contribute to a critical intellectual awakening and better comprehension of the real causes of the present crises across the other CEE Member States, which threaten the viability of the EU and Council of Europe projects. It is only on the basis of this improved understanding that the crises can be appropriately addressed at national, transnational and supranational levels.
The Impact of European Institutions on the Rule of Law and Democracy: Slovenia and Beyond (EU Law in the Member States)
by Matej Avbelj Jernej Letnar CernicSince 2010 the European Union has been plagued by crises of democracy and the rule of law, which have been spreading from Central and Eastern Europe (CEE), catching many by surprise. This book argues that the professed success of the 2004 big bang enlargement mirrored the Potemkin villages erected in the new Member States on their accession to Europe. Slovenia is a prime example. Since its independence and throughout the accession process, Slovenia has been portrayed as the poster child of the 'New Europe'. This book claims that the widely shared narrative of the Slovenian EU dream is a myth. In many ways, Slovenia has fared even worse than its contemporary, constitutionally-backsliding, CEE counterparts. The book's discussion of the depth and breadth of the democratic crises in Slovenia should contribute to a critical intellectual awakening and better comprehension of the real causes of the present crises across the other CEE Member States, which threaten the viability of the EU and Council of Europe projects. It is only on the basis of this improved understanding that the crises can be appropriately addressed at national, transnational and supranational levels.
The Impact of European Rights on National Legal Cultures (Modern Studies in European Law)
by Miriam AzizThis book contributes to the debate about the impact of European Community Law on the national constitutional orders and cultures of the respective Member States. The author examines the doctrine of sovereignty as a mechanism within which this impact may be best assessed and in particular how it underwrites the tension between European Union rights and the rights provided by the respective legal orders of the Member States. In particular the book focuses on political,social and civil rights, drawing from T.H. Marshall's typology. In endorsing an appropriate analytical framework, the book challenges both existing law and secondary literature in order to argue that the terminology, the concepts and the tools which are used to assess the impact of the EC law on the national constitutional orders are to be selected with great care. This is particularly apposite given the complexity of constitutional diversity, in terms of national constitutions and their reception of EC law. It is also important because of the variety of approaches involved in the constitutional adjustment of the acquis of the Union within the context of the increasing drive to constitutionalisation of the Union on the one hand and enlargement on the other.
The Impact of Incomplete Contracts on Economics
by Philippe Aghion, Mathias Dewatripont, Patrick Legros and Luigi ZingalesThe 1986 article by Sanford J. Grossman and Oliver D. Hart titled "A Theory of Vertical and Lateral Integration" has provided a framework for understanding how firm boundaries are defined and how they affect economic performance. The property rights approach has provided a formal way to introduce incomplete contracting ideas into economic modeling. The Impact of Incomplete Contracts on Economics collects papers and opinion pieces on the impact that this property right approach to the firm has had on the economics profession.
The Impact of Investment Treaty Law on Host States: Enabling Good Governance? (Studies in International Law)
by Mavluda SattorovaTraditionally, international investment law was conceptualised as a set of norms aiming to ensure good governance for foreign investors, in exchange for their capital and know-how. However, the more recent narratives postulate that investment treaties and investor–state arbitration can lead to better governance not just for foreign investors but also for host state communities. Investment treaty law can arguably foster good governance by holding host governments liable for a failure to ensure transparency, stability, predictability and consistency in their dealings with foreign investors.The recent proliferation of such narratives in investment treaty practice, arbitral awards and academic literature raises questions as to their juridical, conceptual and empirical underpinnings. What has propelled good governance from a set of normative ideals to enforceable treaty standards? Does international investment law possess the necessary characteristics to inspire changes at the national level? How do host states respond to investment treaty law? The overarching objective of this monograph is to unpack existing assumptions concerning the effects of international investment law on host states. By combining doctrinal, empirical, comparative analysis and unveiling the emerging 'nationally felt' responses to international investment norms, the book aims to facilitate a more informed understanding of the present contours and the nature of the interplay between international investment norms and national realities.
The Impact of Investment Treaty Law on Host States: Enabling Good Governance? (Studies in International Law)
by Mavluda SattorovaTraditionally, international investment law was conceptualised as a set of norms aiming to ensure good governance for foreign investors, in exchange for their capital and know-how. However, the more recent narratives postulate that investment treaties and investor–state arbitration can lead to better governance not just for foreign investors but also for host state communities. Investment treaty law can arguably foster good governance by holding host governments liable for a failure to ensure transparency, stability, predictability and consistency in their dealings with foreign investors.The recent proliferation of such narratives in investment treaty practice, arbitral awards and academic literature raises questions as to their juridical, conceptual and empirical underpinnings. What has propelled good governance from a set of normative ideals to enforceable treaty standards? Does international investment law possess the necessary characteristics to inspire changes at the national level? How do host states respond to investment treaty law? The overarching objective of this monograph is to unpack existing assumptions concerning the effects of international investment law on host states. By combining doctrinal, empirical, comparative analysis and unveiling the emerging 'nationally felt' responses to international investment norms, the book aims to facilitate a more informed understanding of the present contours and the nature of the interplay between international investment norms and national realities.
The Impact of Law's History: What’s Past is Prologue (Palgrave Modern Legal History)
by Sarah McKibbin Jeremy Patrick Marcus K. HarmesThis book considers how legal history has shaped and continues to shape our shared present. Each chapter draws a clear and significant connection to a meaningful feature of our lives today. Focusing primarily on England and Australia, contributions show the diversity of approaches to legal history’s relevance to the present. Some contributors have a tight focus on legal decisions of particular importance. Others take much bigger picture overview of major changes that take centuries to register and where impact is still felt. The contributors are a mix of legal historians, practising lawyers, members of the judiciary, and legal academics, and develop analysis from a range of sources from statutes and legal treatises to television programs. Major legal personalities from Edward Marshall Hall to Sir Dudley Ryder are considered, as are landmarks in law from the Magna Carta to the Mabo Decision.
Impact of Organized Crime on Murder of Law Enforcement Personnel at the U.S.-Mexican Border (SpringerBriefs in Sociology)
by Sara SchatzThis brief fills a gap in the studies of organized crime in Mexico (Kan 2012, Ríos 2011, Dell 2011) by documenting and mapping the post-2008 assassination of Mexican border police chiefs. It traces out a “systematic” of law-enforcement assassination in Northern Tier Mexico, showing how the selective, often sequential, hits by cartels on chiefs in border towns and along key drug-trafficking corridors has proven an effective strategy by organized crime elements to serve several goals: (1) to retaliate for federal, state and local prosecution, (2) to try and neutralize police chiefs, (3) to achieve intermittent local governance and/or to seed corrupt police chiefs at the municipal level, and, (4) to reduce local governmental capacity to obtain greater freedom for movement of goods. It is argued that the tactical advantage of organized crime elements gives them relatively easy physical access to law enforcement targets and thus is thus one prime element facilitating the use of assassination as a strategy. U.S. and Mexican legal, political and judicial institutions have not been able to adequately restrict opportunity for law-enforcement assassinations. The inability to reduce access to weapons and officials, to increase security for police personnel, to reduce corruption and punish offenders sets the stage for the assassination of local law enforcement. Yet, it is the goals of organized crime elements (to clear drug-smuggling routes and to try and gain more pliant governance at the municipal level) that ultimately motivate such killings.
The Impact of Religion, Personality, Values and Worldviews on Attitudes Towards Human Rights: An Empirical-theological Study Among Nigerian Youth (Religion and Human Rights #11)
by Modestus Chiedozie AdimekweThis book provides a rigorous investigation into the adoption and culture of human rights in Nigeria, with a focus on the human rights attitudes of Nigerian students. Exploring the perceived paradox of enthusiastic endorsement of human rights instruments and their poor application in Nigeria, the author uses an empirical-theological research design to understand how young people in Nigeria evaluate human rights and which factors trigger their evaluation. In doing so, this book is the first to empirically examine the predictors of human rights attitudes among Nigerians and provides new insights into the degree of social significance of the religiosity of adolescents in the country. It also offers a compelling quantitative analysis differences in human rights attitudes among Nigerian youth along religious lines. Given the importance of a culture of human rights in our increasingly diverse societies and the salience of religion on this matter in Nigeria, and across the Africancontinent, this book provides a valuable perspective on the interrelationships between religion, value orientations, personality traits, socio-political context, and human rights. Being concerned with the future of human rights in Nigeria, the author argues that it is crucial to understand ‘the religious factor’ among Nigerian students today. This book is therefore recommended to educators, especially teachers of Religion Education, and scholars working in educational settings, but will also be of interest to researchers in social sciences, public administrators, and policymakers.
The Impact of Science and Technology on the Rights of the Individual (Law, Governance and Technology Series #26)
by Nicola LucchiThe volume is devoted to the relevant problems in the legal sphere, created and generated by recent advances in science and technology. In particular, it investigates a series of cutting-edge contemporary and controversial case-studies where scientific and technological issues intersect with individual legal rights. The book addresses challenging topics at the intersection of communication technologies and biotech innovations such as freedom of expression, right to health, knowledge production, Internet content regulation, accessibility and freedom of scientific research.
The Impact of Scientific Evidence on the Criminal Trial: The Case of DNA Evidence
by Oriola SallavaciThis book explores challenges posed by the use of DNA evidence to the traditional features, procedures and principles of the criminal trial. It examines the limitations of existing theories of criminal trial processes in the face of increasing use of scientific evidence in the court room. The research elucidates the interconnections at trial of three epistemologies, namely legal reasoning, as represented by counsel and trial judge, common sense manifested by the jury and scientific reasoning expounded by the expert witness. Sallavaci argues that while scientific reasoning is part of this hybrid of trial languages and practices, its extended use is producing specifically novel tensions which impact on the traditional criminal trial landscape. Through the lens of DNA evidence, the book investigates how far the use of scientific evidence in the fact finding process poses challenges for the adversarial character of the proceedings and rules of evidence; how it affects the role of the judge, jury and expert witness, as well as the principle of orality and continuity of the trial. In comparing the challenges faced in English common law trials to those of the USA, this book has international scope, and will be of great use and interest to students and researchers of Criminal Law and Practice, Policing, and the role of Forensics in Law.
The Impact of Scientific Evidence on the Criminal Trial: The Case of DNA Evidence
by Oriola SallavaciThis book explores challenges posed by the use of DNA evidence to the traditional features, procedures and principles of the criminal trial. It examines the limitations of existing theories of criminal trial processes in the face of increasing use of scientific evidence in the court room. The research elucidates the interconnections at trial of three epistemologies, namely legal reasoning, as represented by counsel and trial judge, common sense manifested by the jury and scientific reasoning expounded by the expert witness. Sallavaci argues that while scientific reasoning is part of this hybrid of trial languages and practices, its extended use is producing specifically novel tensions which impact on the traditional criminal trial landscape. Through the lens of DNA evidence, the book investigates how far the use of scientific evidence in the fact finding process poses challenges for the adversarial character of the proceedings and rules of evidence; how it affects the role of the judge, jury and expert witness, as well as the principle of orality and continuity of the trial. In comparing the challenges faced in English common law trials to those of the USA, this book has international scope, and will be of great use and interest to students and researchers of Criminal Law and Practice, Policing, and the role of Forensics in Law.
The Impact of Societal and Social Innovation: A Case-Based Approach
by Carol Yeh-Yun Lin Jeffrey ChenThis book elaborates on the distinction between societal innovation and social innovation. It provides eight case studies to illustrate the scope, process, outcome, and impact of societal innovation and social innovation. In addition, the book proposes a model for interested parties to maximize their contribution for the common social good in a systematic and effective way. Case studies are used to illustrate concepts for readers to grasp the real essence of the relatively abstract notions of societal innovation and social innovation. In doing so, the book shows how small efforts can bring big benefits for the under privileged and to society as a whole. This book serves as a helpful resource for government officials, social innovation practitioners, social entrepreneurs, Non Profit Organizations, as well as students who would like to contribute to the common social good.
The Impact of Tax Treaties and EU Law on Group Taxation Regimes (EUCOTAX Series on European Taxation)
by Bruno Da SilvaShould the income of a corporate group be taxed differently solely because the traditional structure of the income tax system considers each company individually? Taxation affects business decisions, including location, the form in which business is carried out, and the efficient allocation of company resources. Disparities – differences arising from the interaction of different tax systems – and obstacles – distortions created by domestic legislation arising from differences between domestic and cross-border situations – both become more acute when a business chooses to set up or acquire other companies, thus forming a group, usually operating in multiple jurisdictions. Responding to such ever more common developments, this book is the first in-depth analysis of how tax treaties and EU law influence group taxation regimes. Among the issues and topics covered are the following: – analysis of the different tax group regimes adopted by different countries; – advantages and disadvantages of a variety of models; – application of the non-discrimination provision of Article 24 of the OECD Model Tax Convention to group taxation regimes; – application of the fundamental freedoms of the TFEU to group taxation regimes following the three-step approach adopted by the EU Court of Justice; – uncertainty raised by the landmark Marks & Spencer case, its interpretation and consequences to other group taxations regimes; – interrelations between tax treaties and EU Law in the context of tax groups; and – per-element approach. The analysis considers concrete examples as well as relevant case law. With its analysis of the standards required by the two sets of norms (tax treaties and EU law) and their interaction, particularly in terms of non-discrimination, this book sheds clear light on ways to overcome the disparities and obstacles inherent in group taxation regimes. As a thorough survey of the extent to which the interpretation of tax treaties and EU law affect group taxation regimes, this book has no peers. All taxation professionals, whether working in EU Member States or in EU trading partners, will appreciate its invaluable insights and guidance.
The Impact of Technology on the Criminal Justice System: A Psychological Overview
by Emily Pica David Ross Joanna PozzuloThis comprehensive volume explores the impact of emerging technologies designed to fight crime and terrorism. It first reviews the latest advances in detecting deception, interrogation, and crime scene investigation, before then transitioning to the role of technology in collecting and evaluating evidence from lay witnesses, police body cameras, and super-recognizers. Finally it explores the role of technology in the courtroom with a particular focus social media, citizen crime sleuths, virtual court, and child witnesses. It shines light on emerging issues, such as whether new norms have been created in the emergence of new technologies and how human behaviour has shifted in response. Based on a global range of contributions, this volume provides an overview of the technological explosion in the field of law enforcement and discusses its successes and failures in fighting crime. It is valuable reading for advanced students in forensic or legal psychology and for practitioners, researchers, and scholars in law, criminal justice, and criminology.
The Impact of Technology on the Criminal Justice System: A Psychological Overview
This comprehensive volume explores the impact of emerging technologies designed to fight crime and terrorism. It first reviews the latest advances in detecting deception, interrogation, and crime scene investigation, before then transitioning to the role of technology in collecting and evaluating evidence from lay witnesses, police body cameras, and super-recognizers. Finally it explores the role of technology in the courtroom with a particular focus social media, citizen crime sleuths, virtual court, and child witnesses. It shines light on emerging issues, such as whether new norms have been created in the emergence of new technologies and how human behaviour has shifted in response. Based on a global range of contributions, this volume provides an overview of the technological explosion in the field of law enforcement and discusses its successes and failures in fighting crime. It is valuable reading for advanced students in forensic or legal psychology and for practitioners, researchers, and scholars in law, criminal justice, and criminology.
The Impact of the Damages Directive on the Enforcement of EU Competition Law: A Law and Economics Analysis (New Horizons in Competition Law and Economics series)
by Philipp KirstThis cutting-edge book provides a thorough analysis of the transposition of the rules of the EU Damages Directive, examining their impact on the enforcement of competition law and the victim’s right to full compensation. It also studies the possible consequences of an anticipated rise in civil damages actions in Europe and how this, in turn, may alter the effectiveness of the enforcement system.Applying insights from an economic analysis of law, Philipp Kirst investigates the effectiveness of the measures prescribed by the Directive that are intended to overcome the potential negative effects of increased private enforcement of competition law, offering concrete legislative proposals to combat these. Kirst focuses on three aspects that are crucial to achieving the Directive’s main objectives: the EU leniency programme, the sanctioning methodology, and the allocation of civil liability among joint infringers. Furthermore, the book offers policy recommendations to reconcile both an effective enforcement regime and compensation of victims.Provoking debate on the ways in which a more integrated enforcement regime could be created, this book will be a crucial text for academics in the fields of competition and antitrust law and European law and economics. It will also be a key reference point for practitioners and enforcement agencies.
The Impact of the Digital Consumer's Emotional Intelligence in Relation to the Moral Values Promoted in E-Business (Sustainable Management, Wertschöpfung und Effizienz)
by Ioana Bucur-TeodorescuThe study on the impact of the digital consumer's emotional intelligence based on the moral values promoted in e-business presents an actual interdisciplinary topic in the context of the digital age. The research proposes an original approach to e-business and digital consumer in terms of moral values and emotional intelligence. The Internet has positive effects on consumers and organizations when it is used properly to improve the quality of life. New consumers are more selective, receptive and interested in new technologies. Digital consumers have the opportunity to get informed quickly about products/services offers and e-business provides a simplified acquisition process through diversity and accessibility.
The Impact of the European Convention on Human Rights on Private International Law
by Louwrens R. KiestraIn this book the interaction between the rights guaranteed in the European Convention of Human Rights (ECHR) and private international law has been analysed by examining the case law of the European Court of Human Rights (the Court) and selected national courts. In doing so the book focuses on the impact of the ECHR on the three main issues of private international law: jurisdiction, applicable law and the recognition and enforcement of foreign judgments. Next to a list of cases consulted and a comprehensive bibliography, the book offers brief introductions to PIL and the ECHR for readers who are less familiar with either of the topics. This makes the book not only a valuable tool for specialists and practitioners in the fields covered, but at the same time a well-documented basis for students and starting researchers specializing in either or both directions.