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Multidisciplinary Perspectives on Artificial Intelligence and the Law
This open access book presents an interdisciplinary, multi-authored, edited collection of chapters on Artificial Intelligence (‘AI’) and the Law. AI technology has come to play a central role in the modern data economy. Through a combination of increased computing power, the growing availability of data and the advancement of algorithms, AI has now become an umbrella term for some of the most transformational technological breakthroughs of this age. The importance of AI stems from both the opportunities that it offers and the challenges that it entails. While AI applications hold the promise of economic growth and efficiency gains, they also create significant risks and uncertainty. The ...
Justifying Contract in Europe
This title uses contemporary political theories to address fundamental questions on European contract law. It also places these theories in the context of the current European contract law landscape. This book highlights future options for contract law in the EU, and how it may need to change.
Blue Planet Law
Blue Planet Law is the global and future-oriented environmental law that is necessary to face the global environmental crisis in the Anthropocene, assuming especially the link between climate action (SDG 13) and ocean sustainability (SDG 14). This open access book focuses on means of overcoming global environmental problems such as climate change, ocean degradation and biodiversity loss and the consequent risks for human life, health, food and wellbeing. It explores how environmental law, at the international, European and national levels, might set economic and technological development on a more sustainable path. Law must engage in dialogue with other areas such as philosophy, economics, e...
Contract Law in Changing Times
This collection of essays provides a rich and contemporary discussion of the principle of pacta sunt servanda. This principle, which requires that valid agreements are to be honoured, is a cornerstone of contract law. Focusing on contributions from Asia, this book shows that, despite its natural and universal appeal, the pacta sunt servanda principle is neither absolute nor immutable. Exceptions to the binding force of contract must be available in limited circumstances to avoid hardship and unfairness. This book offers readers new comparative perspectives on the appropriate balance between contractual certainty and flexibility in an era of social instability. Expert authors, mostly from East and Southeast Asia, explore when their domestic legal systems allow exceptions from the binding force of contracts. Doctrines discussed include impossibility, frustration, change of circumstance, force majeure, illegality as well as rights of withdrawal. Other chapters consider the importance of the pacta principle in international law. The challenges posed by the COVID-19 pandemic feature strongly in the majority of contributions.
The Decline of Private Law
Based on author's thesis (S.J.D.: Harvard Law School, 2012).
Private Actors as Participants in International Law
This book examines the status of private actors as subjects of law under the rules of the international law of the sea. Providing a methodology for the notion of a single legal personality, it provides a clear understanding of membership in international law in order to establish to what extent private actors can be rights-holders or duty-bearers. It does this by taking a theoretical perspective which allows the reader to interpret their relevance in international law. This unique and innovative work makes a significant contribution to the current scholarly debates on private actors in international law.
Citizenship as a Human Right
This book examines a stringent problem of current migration societies—whether or not to extend citizenship to resident migrants. Undocumented migration has been an active issue for many decades in the USA, and became a central concern in Europe following the Mediterranean migrant crisis. In this innovative study based on the basic principles of transnational citizenship law and the naturalization pattern around the world, Matias purports that it is possible to determine that no citizen in waiting should be permanently excluded from citizenship. Such a proposition not only imposes a positive duty overriding an important dimension of sovereignty but it also gives rise to a discussion about undocumented migration. With its transnational law focus, and cases from public international law courts, European courts and national courts, Citizenship as a Human Right: The Fundamental Right to a Specific Citizenship may be applied to virtually anywhere in the world.
Shipowners' Limitation of Liability
This book refines the features of a variety of different common law and civil law systems down to a recognizable standard CIT system, identifying in the process the system’s core strengths and problems, as well as the factors that determine its impact on corporate behavior. The author offers insightful perspectives on such crucial issues as the following: corporate group members versus corporate groups as taxable entities; anti-abuse rules and developments in judicial anti-abuse doctrines; costs associated with, e.g., valuation of assets, compliance, and administration; how certain core CIT concepts are independent of tax law; efficiency, equity, and the protection of existing property rig...
Space Law
Online access to all documents published in this collection. The online format features full searchability, linked table of contents as well as book marked sections to ensure that the desired document or section can be quickly found. Documents which have not appeared yet in print, are marked 'new' in the table of contents. Free access for 2007 is granted to the subscribers of the print version.
Católica Talks 3 - Direito e Pandemia
Tendo em conta os tempos pandémicos que se vivem e os desafios que semelhante situação representa não apenas para os profissionais de saúde, mas também para os juristas – chamados constantemente a analisar a repercussão que a pandemia tem nas relações jurídicas constituídas antes do seu início ou a lidar com toda a legislação que foi publicada especificamente para fazer face às dificuldades criadas ou potenciadas pela presente conjuntura –, as Talks do ano letivo 2020-2021 foram dedicadas, ao tema «Direito e Pandemia». O objetivo foi discutir problemas como a alteração das circunstâncias, o estado de emergência e o estado de calamidade, a força maior, o lay off, a liberdade de expressão nas redes sociais, o risco contratual e as dificuldades de cumprimento, bem como as medidas especiais aprovadas em determinadas áreas jurídicas, designadamente: no arrendamento, no processo de recuperação de empresas, nas relações laborais ou no processo civil.
