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Droit et technique
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Burdens of Proof
An examination of the challenges of establishing the authenticity of electronic documents—in particular the design of a cryptographic equivalent to handwritten signatures. The gradual disappearance of paper and its familiar evidential qualities affects almost every dimension of contemporary life. From health records to ballots, almost all documents are now digitized at some point of their life cycle, easily copied, altered, and distributed. In Burdens of Proof, Jean-François Blanchette examines the challenge of defining a new evidentiary framework for electronic documents, focusing on the design of a digital equivalent to handwritten signatures. From the blackboards of mathematicians to t...
Artisans Abroad
Between 1815 and 1870, when European industrialisation was in its infancy and Britain enjoyed a technological lead, thousands of British workers emigrated to the continent. They played a key role in several sectors, like textiles, iron, mechanics, and the railways. These men and women thereby contributed significantly to the industrial take-off in continental Europe. Artisans Abroad examines the lives and trajectories of these workers who emigrated from manufacturing centres in Britain to France, Belgium, Germany, and other countries, considering their mobilities, their culture, their politics, and their relations with the local populations. Fabrice Bensimon reminds us that the British economy was not just oriented towards the Empire and the USA, but also towards the continent, long before the European Union and Brexit, and shows the critical role played by migrant workers in the Industrial Revolution. Artisans Abroad is the first social and cultural history of this forgotten migration.
Outsourcing Rulemaking Powers
Outsourcing Rulemaking Powers identifies the shared constitutional principles that determine the limits to the outsourcing of rulemaking powers. Through the examination of multiple countries, this book argues that there should be minimal legal safeguards to which all rules must heed, in particular those made by autonomous public or private actors.
Brussels I Regulation
The Brussels I Regulation is by far the most prominent cornerstone of the European law of international civil procedure. Every practitioner in the international field has to work with it - and its importance is still growing. The first edition of this full scale article-by-article commentary found a very warm reception. This new edition brings the book up to date, incorporating a host of developments in the four years since ist first appearance, combines in-depth analysis with a genuine and truly European perspective, authored by top experts from all over Europe, covers the jurisprudence of the ECJ and of the Member States, and integrates thorough discussion of the pending proposal for a Brussels Ibis Regulation. This truly European commentary offers invaluable guidance for lawyers, judges and academics throughout Europe.
Ancient Egyptian Wisdom for the Internet
Western law, based on agriculture and industry, cannot deal with the virtual worlds created by the Internet, argues Mancini. The ancient Romans and Egyptians, on the other hand, were adept at virtuality, an intangible world that intersected with the tangible one, and it is to their laws that she turns for new frameworks and practices. Her study was accepted at a doctoral dissertation at the French National Scientific Research Center Annotation copyrighted by Book News, Inc., Portland, OR
Mediation
Mediation provides an attractive alternative to resolving disputes through court proceedings. Mediation promises just results in the interest of all parties concerned, a reduction of the court caseload, and cost savings for the parties involved as well as for the treasury. The European Directive on Mediation has given mediation in Europe new momentum by establishing a common framework for cross-border mediation. Beyond Europe, many states have tried in recent years to answer the question whether, and if so, how mediation should be regulated at a national and international level. The aim of this book is to promote the understanding and discussion of regulatory issues by presenting comparative...
International Patent Law is Obsolete
Since it was developed during the industrial revolution to protect material innovations, patent law often cannot be applied to intangible industrial inventions, such as software. International patent law must be adapted to cover the emerging virtual world, but this has not been done. Unsuited to modern innovation, the author argues that international patent law has reached a period of decline. This book explains why we have reached this situation, and how and why the international patent system must be modernised and rebalanced.
Law Applicable to Copyright
This book discusses the problems of applicable law in international copyright infringement cases and examines the solutions proposed to them in the recent projects by the American Law Institute (ALI) and the European Max Planck Group for Conflict of Laws and Intellectual Property (CLIP). In particular, the book analyses how the territoriality principle and the lex loci protectionis rule are applied in traditional, broadcasting and online cases in selected European and US jurisdictions. It then evaluates whether the rules on ubiquitous infringement, de minimis, initial ownership and party autonomy, as proposed by ALI and CLIP, address the identified problems. This detailed and thorough study will appeal to academics, researchers, postgraduate and doctorate students, as well as to EU and international policymakers in the field of intellectual property and international private law.
