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Data at the Boundaries of European Law represents an original and engaged piece of scholarship in an important and fast developing field of policy and research. Beyond, and including, the most recent major new pieces of EU legislation-the Data Governance Act, together with the Data Act and the AI Act still going through the legislative process-this book draws attention to the substance of a number of core themes of the relationship between law and the digital world that are still somewhat hidden. These themes include the mimetic regulatory trajectories in and around the GDPR, transparency, ownership, and accountability, as well as the translation of all of these into core areas of public law...
Explores different conceptions of legal personhood within EU data protection law and wider issues of privacy and individual rights.
This book seeks to find an answer to the question of how to rule a state well by drawing on a range of organizational, procedural, and substantive standards of administrative conduct developed within the framework of the Council of Europe (CoE) as an organization of a broader scope than the European Union.
As artificial intelligence (AI) continues to seep into more areas of society and culture, critical social perspectives on its technologies are more urgent than ever before. Bringing together state-of-the-art research from experienced scholars across disciplines, this Handbook provides a comprehensive overview of the current state of critical AI studies.
Beyond the People develops a provocative, interdisciplinary, and meta-theoretical critique of the idea of popular sovereignty. It asks simple but far-reaching questions: Can 'imagined' communities, or 'invented' peoples, ever be theorized without, at the same time, being re-imagined and re-invented anew? Can polemical concepts, such as popular sovereignty or constituent power, be theorized objectively? If, as this book argues, the answer to these questions is no, theorists who approach the figure of a sovereign people must acknowledge that their activity is inseparable from the practice of constituent imagination. Though widely accepted as important, even vital, for the development of politi...
This book explores questions of transnational private legal theory in the context of the external dimension of EU private law. The interaction between existing theories of transnational ordering and the external reach of European Regulatory Private Law is articulated through examination of what are found to be the three major proxies of transnational private ordering: private contracts, standards and codes.
This book examines the subject of constitutional unamendability from comparative, doctrinal, empirical, historical, political and theoretical perspectives. It explores and evaluates the legitimacy of unamendability in the various forms that exist in constitutional democracies. Modern constitutionalism has given rise to a paradox: can a constitutional amendment be unconstitutional? Today it is normatively contested but descriptively undeniable that a constitutional amendment—one that respects the formal procedures of textual alteration laid down in the constitutional text—may be invalidated for violating either a written or unwritten constitutional norm. This phenomenon of an unconstituti...
This book examines the role of European Union (EU) agencies in the EU’s external border control policy, looking at how the empowerment of particular bodies has shaped the management of their external borders and influenced EU governance more broadly. Focusing on four key aspects of agency involvement – joint sea operations, information access, inter-agency cooperation, and international action – the book sheds light on the daily policy implementation and operational collaboration at the EU’s external borders and beyond. It finds that the agencies increasingly demonstrated the capacity to sway decision-making and implementation from within. This has led to a reduction in Member States’ policy autonomy, an increase in EU oversight over border management, and the institutionalisation of a common administrative capacity at the EU level, leading to a shift in the EU’s approach to border management towards integration. This book will be of key interest to scholars and students of border management, migration studies and asylum, EU administration and agencies, and more broadly European studies, international relations, and public administration.
This book offers a unique insight into the world of standard-setting organizations (SSOs)’ IPR policies and the role they play in balancing the interests of innovators and implementers, vis-à-vis the development of standards. Since the beginning of the 21st century, there have been quite a few questions asked of the SSOs as to the legality of their IPR policies and the enforceability of disclosure and licensing obligations enshrined therein. That, coupled with disagreements over the appropriate royalty rate and royalty base, has resulted in extensive litigation between innovators and implementers, especially across the Atlantic. The Book, in keeping the USA and EU as the two primary juris...
"A much-needed contribution to and critique of debates in the newly emerging field of transparency studies from the perspective of American literary studies. In the twenty-first century, transparency has become an ambiguous buzzword both in the public and the private realms (e.g. Wikileaks and the Snowden affair; social media). This volume takes its cue from the emerging field of transparency studies, recent scholarly work in sociology, political theory, and cultural studies that identifies a hegemonic rhetoric of transparency in public and political life. While scholars in this new field routinely gesture toward literature as the realm where secrecy may be productive, they rarely engage wit...