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The Foundations of European Transnational Private Law
Since Anu Bradford's groundbreaking book on the Brussels Effect there is a vastly evolving literature on the EU as a global regulatory actor as well as the global reach of EU law. This edited collection connects to this debate. Yet, it shifts the focus from the currently predominant public law focus to investigating European and EU private law and to connecting to literature and research on transnational law. To that end, it proceeds first conceptually by introducing and giving shape to the notion of a “European Transnational Private Law” through four conceptual contributions by the editors. Secondly, it focuses on several sectors (finance, taxation, investment, consumer law, labour law) and topics (climate litigation, global value chains, non-discrimination) to trace sector-specifically the role of EU private law in relation to transnational legal ordering.
Three Liability Regimes for Artificial Intelligence
This book proposes three liability regimes to combat the wide responsibility gaps caused by AI systems – vicarious liability for autonomous software agents (actants); enterprise liability for inseparable human-AI interactions (hybrids); and collective fund liability for interconnected AI systems (crowds). Based on information technology studies, the book first develops a threefold typology that distinguishes individual, hybrid and collective machine behaviour. A subsequent social science analysis specifies the socio-digital institutions related to this threefold typology. Then it determines the social risks that emerge when algorithms operate within these institutions. Actants raise the ri...
Contract and Regulation
Contract and Regulation: A Handbook on New Methods of Law Making in Private Law sheds light on the darker side of contracts. It begins by exploring the ‘regulatory space’ in which projects are planned, deals are done, and goods and services are consumed, then shows how a ‘bottom-up’ approach can be adopted in order to view this transactional space through the eyes of contractors. The expert contributors explore modes of governance that do not fit nicely into traditional contract theory, paying special attention to three key examples: governance and codes of conduction, networks and relations, compliance and use.
Soziologische Jurisprudenz
Die Festschrift Soziologische Jurisprudenz stellt sich sowohl im Inhalt als auch in der Form in die Tradition der Arbeiten von Gunther Teubner. Die Beiträge lassen sich auf seine Leitperspektive ein, indem sie die Grenzbeziehungen von Recht und Gesellschaft mit je eigenständigen Akzentuierungen reflektieren.
Sustainable Public Procurement Under EU Law
This book evaluates the 2014 EU public procurement law reform from a sustainability perspective.
2023
The European Tort Law Yearbook provides a comprehensive overview of the latest developments in tort law in Europe. It contains reports from the majority of European jurisdictions, as well as a comparative analysis that identifies emerging trends. Focusing on the year 2022, the authors critically assess important court decisions and new legislation, and provide a literature overview.
Public Private Partnerships
This insightful book critically examines the phenomenon of public private partnerships through a global, theoretical, lens. It considers the reasons for merging private entities and public administration, as well as the processes and consequences of doing so. The benefits for the community as well as the radical changes in the principles and modalities of administrative activity are theorized and discussed.
General Principles for Business and Human Rights in International Law
In General Principles for Business and Human Rights in International Law Ludovica Chiussi Curzi offers an overview of the relevance of general principles of law in the multifaceted discourse on business and human rights. What are the implications of the state duty to protect human rights in good faith and to guarantee victims of corporate human rights violations access to justice? Can general principles of law, such as abuse of rights, due diligence, and estoppel provide a source of obligations for companies that is relevant to human rights protection? Has an autonomous principle on corporate liability developed in international law? These are the questions at the core of this monograph, which seeks the answers in the normative foundations of public international law.
Constitutional Challenges in the Algorithmic Society
How can the law address the constitutional challenges of the algorithmic society? This volume provides possible solutions.
The Right(s) to Water
Politicians and diplomats have for many years proclaimed a human right to water as a solution to the global water crisis, most recently in the 2010 UN General Assembly Resolution “The human right to water and sanitation”. To what extent, however, can a right to water legally and philosophically exist and what difference to international law and politics can it make? This question lies at the heart of this book. The book’s answer is to argue that a right to water exists under international law but in a more differentiated and multi-level manner than previously recognised. Rather than existing as a singular and comprehensive right, the right to water should be understood as a composite r...
