Ysec Yearbook Of Socio Economic Constitutions 2020

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YSEC Yearbook of Socio-Economic Constitutions 2020

Author : Steffen Hindelang
Publisher : Springer Nature
ISBN 13 : 3030437574
Total Pages : 838 pages
Book Rating : 4.0/5 (34 download)

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Book Synopsis YSEC Yearbook of Socio-Economic Constitutions 2020 by : Steffen Hindelang

Download or read book YSEC Yearbook of Socio-Economic Constitutions 2020 written by Steffen Hindelang and published by Springer Nature. This book was released on 2021-03-29 with total page 838 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the very first, interdisciplinarily grounded, comprehensive appraisal of a future “Common European Law on Investment Screening”. Thereby, it provides a foundation for a European administrative law framework for investment screening by setting out viable solutions and evaluating their pros and cons. Daimler, the harbour terminal in Zeebrugge, or Saxo Bank are only three recent examples of controversially discussed company takeovers in Europe. The “elephant in the room” is China and its “Belt and Road Initiative”. The political will in Europe is growing to more actively control investments flowing into the EU. The current regulatory initiatives raise several fundamental, constitutional and regulatory issues. Surprisingly, they have not been addressed in any depth so far. The book takes stock of the current rather fragmented regulatory approaches and combines contributions from leading international academics, practitioners, and policy makers in their respective fields. Due to the volume’s comprehensive approach, it is expected to influence the broader debate on the EU’s upcoming regulation of this matter. The book is addressed to participants from academia as well as to representatives from government, business, and civil society.

YSEC Yearbook of Socio-Economic Constitutions 2022

Author : Eva Storskrubb
Publisher : Springer Nature
ISBN 13 : 3031385101
Total Pages : 349 pages
Book Rating : 4.0/5 (313 download)

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Book Synopsis YSEC Yearbook of Socio-Economic Constitutions 2022 by : Eva Storskrubb

Download or read book YSEC Yearbook of Socio-Economic Constitutions 2022 written by Eva Storskrubb and published by Springer Nature. This book was released on 2023-11-13 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: Funding of justice has significant consequences for the enforcement of rights and impacts directly on access to justice and the right to a fair trial as constitutional rights. Access to justice in turn essentially impacts on the effective enjoyment of any other constitutional right, since having the actual means to access a court in case of a potential breach strengthens that right. Public funding, such as legal aid, has come under pressure due to the reality of financial austerity measures and the tightening public budgets in many countries. This has contributed to privatization and marketisation of funding in ever more jurisdictions. Private forms of funding include inter alia litigation insurance, third-party litigation finance and crowdfunding, as well as different forms of assigning or selling claims. As public funding is in decline and as market liberalization in the field of justice increases, crucial questions related to the rule of law, access to justice and social and economic development, in the intersection between states, citizens and business are raised. For example, potential questions of conflict of interest and how to ensure a basic level of equality of access to funding, whilst at the same time protecting market freedom. Some of the contributions in the volume deal with the consequences of privatization of funding of justice on access to justice from a general, principled and theoretical perspective. Other contributions deal with specific regulatory developments or issues at the EU level, alternatively at the local level in specific jurisdictions. Further contributions deal with crucial issues of funding of justice in environmental matters, that are increasingly relevant and topical in practice.

YSEC Yearbook of Socio-Economic Constitutions 2021

Author : Steffen Hindelang
Publisher : Springer Nature
ISBN 13 : 3031085140
Total Pages : 266 pages
Book Rating : 4.0/5 (31 download)

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Book Synopsis YSEC Yearbook of Socio-Economic Constitutions 2021 by : Steffen Hindelang

Download or read book YSEC Yearbook of Socio-Economic Constitutions 2021 written by Steffen Hindelang and published by Springer Nature. This book was released on 2022-07-12 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume addresses contemporary challenges, enabled by modern technology, that concern upholding freedom of speech where it conflicts with social rights, such as respect for private and family life, and with economic rights, such as the freedom to conduct business or the right to free movement. In today’s networked world, technological shifts happen faster than most people even realize. Some of these shifts have made us all potentially powerful: media powerful. We used to sit in silence in front of newspapers and TV screens, and the world was explained to us by just a few sources. Today, thanks to the Internet, social media, and Web 2.0, we can not only share our own thoughts with everyone in a more self-determined way, but we can also take part in public debate and even co-shape it ourselves. Of course, the Internet is not a counter-design to the communication (power) structures of the past. Gains in communicative self-determination are threatened due to algorithmisation, platformisation, and value extraction from self-created private markets. At the same time, the empowerment of the individual challenges the old “grand speakers” who are suddenly detecting “fake news”, echo chambers, and filter bubbles everywhere on the Internet. Internet-based communication allegedly hinders us from the “one truth”; as if newspaper hoaxes, propaganda, and narrow-mindedness were an invention of the Internet. The current heated debate over “fake news”, copyright, and “upload filters” shows that we are unsure of how to deal with the newer and more complex phenomena of Internet-based speech. This is due in no small part to the fact that an important benchmark – our constitutional compass – is still firmly rooted in the past. Constitutions change far more slowly than technologies. Societal changes can drive constitutional changes; but what about normative content control? Today, there are already demands for “old-school clarity”: truth filters on social media platforms, horrendous sums of liability for platforms that encourage (overly)thorough cleaning up. However, it is equally true that private individuals “regulate”: they decide what is found on the Internet and who may post on a given platform. Accounting for all interests at play and striking a “fair” balance that avoids both a public and private over- and under-regulation is a complex matter. The authors of this volume not only provide reflections in their highly topical contributions, but also share their understanding of what constitutes a fair balance within the larger frame of freedom of speech in a digital age.

YSEC Yearbook of Socio-Economic Constitutions 2023

Author : Eduardo Gill-Pedro
Publisher : Springer Nature
ISBN 13 : 3031558324
Total Pages : 356 pages
Book Rating : 4.0/5 (315 download)

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Book Synopsis YSEC Yearbook of Socio-Economic Constitutions 2023 by : Eduardo Gill-Pedro

Download or read book YSEC Yearbook of Socio-Economic Constitutions 2023 written by Eduardo Gill-Pedro and published by Springer Nature. This book was released on with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Weaponising Investments

Author : Jens Hillebrand Pohl
Publisher : Springer Nature
ISBN 13 : 303146771X
Total Pages : 256 pages
Book Rating : 4.0/5 (314 download)

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Book Synopsis Weaponising Investments by : Jens Hillebrand Pohl

Download or read book Weaponising Investments written by Jens Hillebrand Pohl and published by Springer Nature. This book was released on with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Asian Yearbook of International Economic Law 2023

Author : Marc Bungenberg
Publisher : Springer Nature
ISBN 13 : 3031310500
Total Pages : 226 pages
Book Rating : 4.0/5 (313 download)

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Book Synopsis Asian Yearbook of International Economic Law 2023 by : Marc Bungenberg

Download or read book Asian Yearbook of International Economic Law 2023 written by Marc Bungenberg and published by Springer Nature. This book was released on with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Screening Foreign Direct Investment in the EU

Author : Jens Velten
Publisher : Springer Nature
ISBN 13 : 3031056035
Total Pages : 371 pages
Book Rating : 4.0/5 (31 download)

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Book Synopsis Screening Foreign Direct Investment in the EU by : Jens Velten

Download or read book Screening Foreign Direct Investment in the EU written by Jens Velten and published by Springer Nature. This book was released on 2022-07-19 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreign Direct Investment (FDI) from third countries—a desirable form of investment to boost the EU’s economy or a threat to important EU and Member State interests that must be mitigated via FDI screening mechanisms? FDI screening is a complex, controversial and highly topical subject at the intersection of law, politics and economics. This book analyzes the political rationale behind FDI screening in the EU, reveals the legal limitations of current FDI screening mechanisms based on security and public order, and identifies legislative options for broader screening mechanisms in accordance with EU and international economic law. In particular, the book identifies the four main concerns in the EU regarding FDI from third countries: distortive competition effects; the lack of reciprocity on FDI treatment between the EU and the investor’s home country; objectives of the investor or their home country that may be detrimental to EU interests; and safety of private information. On this basis, the book analyzes the Screening Regulation (Regulation (EU) 2019/452) and its newly introduced screening ground “security or public order” and asks whether this and other similar screening grounds based on the notions of security, public order and public policy can address these concerns with regard to foreign investors. Based on an analysis of WTO law and EU primary law, it argues that they cannot. Thus, the question arises: Do the EU and Member States have the flexibility to adopt broader FDI screening mechanisms? To answer this question, the book examines the freedoms of capital movement and establishment in EU primary law, as well as various sources of international economic law such as, first and foremost, the WTO’s General Agreement on Trade in Services, but also other bi- and plurilateral trade and investment treaties, including the EU-China Comprehensive Agreement on Investment. In closing, the book identifies various legislative options for broader FDI screening mechanisms—and their shortcomings.

The Future of Legal Europe: Will We Trust in It?

Author : Gavin Barrett
Publisher : Springer Nature
ISBN 13 : 3030682536
Total Pages : 875 pages
Book Rating : 4.0/5 (36 download)

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Book Synopsis The Future of Legal Europe: Will We Trust in It? by : Gavin Barrett

Download or read book The Future of Legal Europe: Will We Trust in It? written by Gavin Barrett and published by Springer Nature. This book was released on 2021-05-12 with total page 875 pages. Available in PDF, EPUB and Kindle. Book excerpt: With this Liber Amicorum, around 50 contributors from the legal and judicial professions, from academia and from politics pay tribute to Dr Wolfgang Heusel, the Director of the Academy of European Law (ERA) in Trier from 2000 to 2020. The contributions provide a thorough analysis of some of the most relevant legal and political challenges faced by the European Union, including in the fields of data protection rules, artificial intelligence, the rule of law, human rights protection, institutional reform of the EU and changes in the legal and judicial professions. The book is primarily aimed at postgraduate students, legal practitioners and scholars interested in EU legal matters.

National Security in International and Domestic Investment Law

Author : Yuwen Li
Publisher : Taylor & Francis
ISBN 13 : 1000971074
Total Pages : 230 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis National Security in International and Domestic Investment Law by : Yuwen Li

Download or read book National Security in International and Domestic Investment Law written by Yuwen Li and published by Taylor & Francis. This book was released on 2023-10-20 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a dynamic introduction to the new developments on national security review of foreign direct investment (FDI) from the perspectives of both domestic law and international investment law. COVID-19 and the Russian invasion of Ukraine have intensified FDI screening to an unprecedented scale, yet its purposes, scope and potential impact remain ambiguous and controversial. The book first attests the legitimacy of FDI screening by using the theory of National Security Constitution. Part I explicates the national security, public order and public health exceptions clauses in international investment law and the novel EU Regulation on FDI screening. Part II provides an in-depth analysis of FDI screening in China, France, Germany, Italy, the Netherlands, Poland and the UK, which have either witnessed momentous changes in domestic law recently or have adopted new laws to cope with the growing security concerns. The book illustrates how States and the EU are using legal instruments to tackle exigent and emerging challenges and the complexity of national security emanated from foreign investment, in the context of evolving disruptive digital technologies and the structural change of the global economy. The volume will be of great value to a wide range of audiences including academics in investment and trade law, legal practitioners, in-house counsels, policymakers, business professionals and law and business students at the graduate level.

Public and Private Governance of Cybersecurity

Author : Tomoko Ishikawa
Publisher : Cambridge University Press
ISBN 13 : 1009374591
Total Pages : 287 pages
Book Rating : 4.0/5 (93 download)

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Book Synopsis Public and Private Governance of Cybersecurity by : Tomoko Ishikawa

Download or read book Public and Private Governance of Cybersecurity written by Tomoko Ishikawa and published by Cambridge University Press. This book was released on 2023-09-30 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the Internet increasingly affects how we live and work, the challenges posed by borderless cybersecurity threats remain largely unaddressed. This book examines cybersecurity challenges, governance responses to them, and their limitations, engaging an interdisciplinary approach combining legal and international relations disciplines.

Research Handbook on Oil and Gas Law

Author : Tina Soliman Hunter
Publisher : Edward Elgar Publishing
ISBN 13 : 1788978226
Total Pages : 457 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Research Handbook on Oil and Gas Law by : Tina Soliman Hunter

Download or read book Research Handbook on Oil and Gas Law written by Tina Soliman Hunter and published by Edward Elgar Publishing. This book was released on 2023-01-17 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does the future hold for oil and gas, what can we learn from the past and what role does law have to play in this? Using a unique temporal lens, this Research Handbook examines core themes in oil and gas regulation from historical, contemporary and forward-looking perspectives.

The Political Economy of Geoeconomics: Europe in a Changing World

Author : Milan Babić
Publisher : Springer Nature
ISBN 13 : 3031019687
Total Pages : 218 pages
Book Rating : 4.0/5 (31 download)

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Book Synopsis The Political Economy of Geoeconomics: Europe in a Changing World by : Milan Babić

Download or read book The Political Economy of Geoeconomics: Europe in a Changing World written by Milan Babić and published by Springer Nature. This book was released on 2022-10-13 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together researchers from different analytical perspectives for the study of contemporary geoeconomics to create a broader and more useful catalogue of conceptual tools, empirical entry points, and case studies around the subject. The distinctive contribution this book offers is its firm rooting in International Political Economy and the hitherto under-researched geoeconomics dynamics of Europe. Many existing accounts of geoeconomics have been developed in International Relations and often reproduce some of the state-centric and static assumptions of the discipline. Recent scholarship furthermore tends to focus on the US-China rivalry, thus discounting the role of other global powers in shaping geoeconomics. As a first collective contribution to the topic in the field of International Political Economy, the book stands to become a major reference point in the field for the coming years. Interest in geoeconomics as well as in related concepts like weaponized interdependence or emerging new rivalries has been on the rise in recent years and will be one of the key research areas in the coming decade of transition and change in Europe and beyond. Chapters 1, 2 and 7 are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

Stockholm Arbitration Yearbook 2023

Author : Patrik Scholdstrom
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403503688
Total Pages : 540 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Stockholm Arbitration Yearbook 2023 by : Patrik Scholdstrom

Download or read book Stockholm Arbitration Yearbook 2023 written by Patrik Scholdstrom and published by Kluwer Law International B.V.. This book was released on 2024-01-16 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: Each year, Stockholm is the arbitration seat of choice for numerous parties endeavouring to resolve international disputes. It is the second most used venue for investment disputes, and it is often the venue for disputes arising from the Energy Charter Treaty. This annual publication, launched under the auspices of the Stockholm Centre for Commercial Law, is designed to meet the information needs of arbitration practitioners and parties from all over the world. The present edition’s topics include: arbitration and EU sanctions against Russia; the ins and outs of arbitrator selection; the divide between lawful and unlawful expropriation in investment arbitration; tactical misuse of GDPR in arbitration; court-assisted preservation of evidence; and the distinction between jurisdiction and admissibility. The Yearbook provides both perspective and detailed analyses that will be welcomed by arbitration practitioners, counsel and judges deciding arbitration cases. It will also provide valuable insights for arbitration academics, in-house counsel at multinational companies and arbitral institutions worldwide.

The Cambridge Handbook of New Human Rights

Author : Andreas von Arnauld
Publisher : Cambridge University Press
ISBN 13 : 1108751172
Total Pages : 939 pages
Book Rating : 4.1/5 (87 download)

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Book Synopsis The Cambridge Handbook of New Human Rights by : Andreas von Arnauld

Download or read book The Cambridge Handbook of New Human Rights written by Andreas von Arnauld and published by Cambridge University Press. This book was released on 2020-01-02 with total page 939 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides in-depth insight to scholars, practitioners, and activists dealing with human rights, their expansion, and the emergence of 'new' human rights. Whereas legal theory tends to neglect the development of concrete individual rights, monographs on 'new' rights often deal with structural matters only in passing and the issue of 'new' human rights has received only cursory attention in literature. By bringing together a large number of emergent human rights, analysed by renowned human rights experts from around the world, and combining the analyses with theoretical approaches, this book fills this lacuna. The comprehensive and dialectic approach, which enables insights from individual rights to overarching theory and vice versa, will ensure knowledge growth for generalists and specialists alike. The volume goes beyond a purely legal analysis by observing the contestation, rhetorics, the struggle for recognition of 'new' human rights, thus speaking to human rights professionals beyond the legal sphere.

Social Media and Democracy

Author : Nathaniel Persily
Publisher : Cambridge University Press
ISBN 13 : 1108835554
Total Pages : 365 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Social Media and Democracy by : Nathaniel Persily

Download or read book Social Media and Democracy written by Nathaniel Persily and published by Cambridge University Press. This book was released on 2020-09-03 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: A state-of-the-art account of what we know and do not know about the effects of digital technology on democracy.

Judicial Review in Norway

Author : Anine Kierulf
Publisher : Cambridge University Press
ISBN 13 : 1108648649
Total Pages : 326 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis Judicial Review in Norway by : Anine Kierulf

Download or read book Judicial Review in Norway written by Anine Kierulf and published by Cambridge University Press. This book was released on 2018-05-31 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: Outside the United States, Norway's 1814 constitution is the oldest still in force. Constitutional judicial review has been a part of Norwegian court decision-making for most of these 200 years. Since the 1990s, Norway has also exercised review under the European Convention of Human Rights. Judicial review of legislation can be controversial: having unelected judges overruling popularly elected majorities seems undemocratic. Yet Norway remains one of the most democratic countries in the world. How does Norway manage the balance between democracy and judicial oversight? Author Anine Kierulf tells the story of Norwegian constitutionalism from 1814 until today through the lens of judicial review debates and cases. This study adds important insights into the social and political justifications for an active judicial review component in a constitutional democracy. Anine Kierulf argues that the Norwegian model of judicial review provides a useful perspective on the dichotomy of American and European constitutionalism.

Foreign Investment, Strategic Assets and National Security

Author : Carlos Esplugues Mota
Publisher :
ISBN 13 : 9781780686233
Total Pages : 0 pages
Book Rating : 4.6/5 (862 download)

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Book Synopsis Foreign Investment, Strategic Assets and National Security by : Carlos Esplugues Mota

Download or read book Foreign Investment, Strategic Assets and National Security written by Carlos Esplugues Mota and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the time of a paradigm change Foreign Investment, Strategic Assets and National Security is a timely analysis of the changing attitude towards foreign investment in major economies, namely the United States of America, the People's Republic of China, Australia, Canada, and Germany, France and the United Kingdom as representatives of the European Union.Foreign investment has grown steadily for decades, and the de-regulation of international trade and investment was a widely accepted trend, particularly in developed countries. Increasingly, however, this development is encountered by opposition. Globalisation and socio-economic effects of mergers and acquisitions of domestic firms by foreign investors receive less support from the general public. Concerns about national security, protection of new technologies and competitiveness are raised. This leads national and regional legislators to develop new mechanisms to control foreign investments, particularly in light of national security. The widely adopted and traditional ex post approach linked to investment treaties is now enhanced by an increased focus on the phase prior to the actual implementation of the investment.This legal development and the new screening systems are captured in this book and it is explained how the present paradigm change is affecting the legal rules in practice. It is a must read for everyone working in the field.