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The Normative Order of the Internet
There is order on the internet, but how has this order emerged and what challenges will threaten and shape its future? This study shows how a legitimate order of norms has emerged online, through both national and international legal systems. It establishes the emergence of a normative order of the internet, an order which explains and justifies processes of online rule and regulation. This order integrates norms at three different levels (regional, national, international), of two types (privately and publicly authored), and of different character (from ius cogens to technical standards). Matthias C. Kettemann assesses their internal coherence, their consonance with other order norms and th...
Freedom of expression and the internet
An invaluable resource for students of law, politics, international relations and technology as well as for diplomats and civil society actors, this publication demonstrates how the Council of Europe contributes to ensuring that everyone’s voice online can be heard. This is key to sustainable, human rights oriented and people-centred digitalisation. Human rights matter on the internet. Without freedom of expression, people cannot participate in everything that the information society has to offer. Yet online free speech is in danger. Between state laws, private rules and algorithms, full participation in the online communicative space faces many challenges. This publication explores the pr...
Navigating Normative Orders
Ob bei Kant oder unter Konservativen, im Internet, in Umweltdiskursen oder in Sansibar: Dieses Buch untersucht, wie sich Menschen Normen geben, diese hinterfragen und legitimieren. Die Beiträge machen deutlich, dass Normen nach wie vor in allen Lebensbereichen eine zentrale Rolle einnehmen. Zusammen mit Werten und Narrativen bilden sie normative Ordnungen, mit denen politische Autorität und die Verteilung von Rechten und Gütern legitimiert wird: im Strafrecht, bei der Kindererziehung, im Territorialstaat, in Fortschrittsdiskursen, im Anthropozän.
The Law of Global Digitality
Comparing six different areas of law that have been particularly exposed to global digitality, namely laws regulating consumer contracts, data protection, the media, financial markets, criminal activity, and intellectual property law, this work considers whether we can identify a particular mediality of law in the digital age.
Research Handbook on Human Rights and Digital Technology
In a digitally connected world, the question of how to respect, protect and implement human rights has become unavoidable. This contemporary Research Handbook offers new insights into well-established debates by framing them in terms of human rights. It examines the issues posed by the management of key Internet resources, the governance of its architecture, the role of different stakeholders, the legitimacy of rule making and rule-enforcement, and the exercise of international public authority over users. Highly interdisciplinary, its contributions draw on law, political science, international relations and even computer science and science and technology studies.
Pandemocracy in Europe
This open access book explains why a democratic reckoning will start when European societies win the fight against COVID-19. Have democracies successfully mastered the challenges of the pandemic? How has the coronavirus impacted democratic principles, processes and values? At the heels of the worst public health crisis in living memory, this book shines an unforgiving light on the side-lining of parliaments, the ruling by governmental decrees and the disenfranchisement of the people in the name of fighting COVID-19. Pandemocracy in Europe situates the dramatic impact of COVID-19, and the fight against the virus, on Europe's democracies. Throughout its 17 contributions the book sets the theor...
The Routledge Handbook on Extraterritorial Human Rights Obligations
The Routledge Handbook on Extraterritorial Human Rights Obligations brings international scholarship on transnational human rights obligations into a comprehensive and wide-ranging volume. Each chapter combines a thorough analysis of a particular issue area and provides a forward-looking perspective of how extraterritorial human rights obligations (ETOs) might come to be more fully recognized, outlining shortcomings but also best state practices. It builds insights gained from state practice to identify gaps in the literature and points to future avenues of inquiry. The Handbook is organized into seven thematic parts: conceptualization and theoretical foundations; enforcement; migration and ...
The Common Interest in International Law
What lies in the common interest of the international community? How are those common interests protected? What is the role of states and of the international community? This book looks at the protection of common interests and shows how international law is progressively moving away from a system based on territorial sovereignty to a system based on shared responsibilities among states and other actors.
Comparative Constitutional Law
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
Internet Governance and the Information Society
The legal, social, and economic implications of the information society permeate every fiber of public life in the real world, influencing politics and policies and testing the limits of traditional notions of law, concepts of regulations, and systems of governance. Uniting an impressive array of authors, this book broaches the challenges of internet governance in the information society. Renowned scholars and practitioners - from, among others, the Council of Europe, the Organization for Security and Co-operation in Europe, the United Nations Internet Governance Forum, academia, and business - shed light on both the global perspectives and the European dimensions of internet governance. The...
