法　学 — 全 下位分類

Tuerk examines how international water, environmental, and human rights laws apply to the planning, construction, and operation of to dams on transboundary watercourses while addressing the current lack of a direct regulatory framework. She presents a legal roadmap for dam development on shared rivers that considers the needs of states, as well as those of affected people and communities, and the environment beyond national borders. Acknowledging the essential nature of dams for ensuring water, food and energy security, the book emphasises that sustainable water governance requires balancing state sovereignty with the fundamental rights of individuals and ecosystems.

Regulating Dam Development on Transboundary Watercourses is a pivotal resource for scholars and students of environmental law, water law and human rights seeking a comprehensive roadmap for the regulation of transboundary dam development. Water research institutions and government policymakers will also benefit from its theoretical foundation for negotiating equitable and sustainable water-sharing arrangements.

This book explores how AI systems trained on neurodata are redrawing the boundaries of dignity, autonomy, and legal personhood.

It reveals the emerging reality of NeuroAI: a world where machinelearning models anticipate our thoughts before we have even formed them. As neurotechnologies evolve, AI systems move beyond interpreting brain signals in labs and headsets to harvesting neurodata (whether extracted through direct interfaces, inferred from everyday behaviour, or reverse-engineered via predictive modelling) from users who never consented or even knew they were being monitored, transforming the subconscious into a commodified dataset.

Drawing on case studies from criminal trials, law enforcement, and consumer technologies, the book reveals how Big Tech and platform operators increasingly treat neurodata as a resource for monetisation. Across the EU and the USA, emerging AI and data-protection regimes, including the EU AI Act and GDPR, as well as the US Fourth Amendment and HIPAA frameworks, offer incomplete or inconsistent safeguards against NeuroAI trained on neurodata to model and predict thoughts, emotions, or intentions, leaving cognitive inference primarily in a legal grey zone.

Indispensable for legal scholars, technologists, and regulators, this critical roadmap illuminates the gaps in current law and identifies the safeguards needed to protect our most intimate inner lives. In a future where thoughts can be inferred, monetised, and weaponised without ever accessing the brain directly, this book shows us where the law must catch up before our minds, our rights, and our freedoms are turned into the next frontier of exploitation.

Key Features:

• Sets out how financial service providers use data to profile clients and financial products
• Explores the legal framework for data vending by trading venues
• Analyses the Capital Markets Union and the Savings and Investment Union as tools for creating an integrated European capital market
• Proposes that the creation of efficient data spaces in the EU will prove to be pivotal in advancing a unified capital market
• Evaluates the implications of data regulation across issuer regulation, trading venues, financial intermediation, supervision and judicial adjudication in financial law disputes

Capital Markets Law and Data Regulation in the EU is a vital resource for legal practitioners and other professionals in the field of financial law and technology. Financial supervisors and EU policymakers will also benefit from its practice-oriented recommendations.

This book explores gender justice, power relations, and social transformation in India by providing an ethnographic, socio-legal view of Nari Adalats (women's courts) and the family disputes that take place before them, in rural northern Karnataka, South India.

The book offers an ethnography of the everyday workings of Nari Adalats based on qualitative interviews, document analysis, and participant observation in a variety of settings where family law and gender justice are negotiated. The book argues that it is essential to examine societal legal forums and the social dynamics within the family (and its social environment) to better understand how changes in gender and power relations can occur. Chapters analyse five cases of Hindu, Muslim and tribal women pursuing claims, and seven further cases of lower caste Hindu women who became judges of the Nari Adalat (one of them a jury member); taken together, they provide rich insights into how successful legal outcomes are achieved, and the structural conditions inherent in the space. Ultimately, the book highlights how Nari Adalats are fundamentally women-centred spaces that challenge gender hierarchies, feminize the public sphere, and reconceptualise gender and ethnic relations in rural India.

Providing an exploration of caste, class, and religion in the wider context of gender justice, the volume will appeal to scholars and postgraduates in the fields of socio-legal studies, in particular gender and justice issues, gender studies, South Asian studies, and legal anthropology.

Chapters outline the contemporary state of tax harmonisation by exploring core topics of EU tax law such as tax collection, information exchange, dispute resolution, fiscal state aids and the taxation of passive investments. Acknowledging the overarching impact of international tax legislation on European strategies, the Research Handbook analyses how treaty freedoms and association trade agreements influence, and are resisted by, EU member state policy. With updated chapters on environmental law and corporate taxation, a diverse array of contributors from across Europe capture the essence of this dynamic area of EU law and present informed predictions for future policies and research areas.

This revised Research Handbook on European Union Taxation Law is an invaluable resource for scholars and students of European law, tax law and fiscal policy. Tax lawyers and practitioners seeking to develop their understanding of this rapidly evolving field will similarly benefit from its forward-thinking lens.

Key Features:

• Enables readers to locate and extract core passages from the ECtHR's procedural case-law
• Presents case-law pertaining to cross-cutting matters emerging from the Court's case-law that have implications across the Convention system
• Traces the lines of jurisprudence and the evolution of Strasbourg case-law from its inception in 1961 to the present
• Systematically analyses specific provisions of the European Convention on Human Rights from the perspective of the Court's case-law, cutting through peripheral detail to consolidate the most critical legal information

The European Convention on Human Rights: Volume II, Procedure is an essential resource for legal practitioners and scholars needing to understand the Court's position on procedure, and forms an ideal companion to The European Convention on Human Rights: Volume I, Substantive Rights.

Focusing on BIT practice in middle-income countries, this book provides a systematic analysis of treaty texts and arbitral practice showing how investment protection standards, including fair and equitable treatment, expropriation, and full protection and security, interact with the territorial structure of IP.

Many treaties protect IP in broad terms while leaving unresolved questions about scope, territorial reach, and the boundary between legitimate regulation and treaty breach. The result is legal uncertainty for governments, right-holders, and investors, and a shift of practical dispute resolution away from national frameworks. The book offers a reform agenda grounded in treaty text and practice. It develops concrete drafting options for more IP-sensitive BITs, including definitional choices, safeguards for public-interest regulation, and dispute settlement design tailored to IP claims. It also proposes a longer-term institutional option, a specialised international forum for IP disputes, to support more coherent handling of IP claims than the current fragmented pathways.

This book will be of interest to students, researchers and policymakers in the fields of Intellectual Property Law, International Investment Law, and International Investment Arbitration.

The fourth edition of Cybercrime and Digital Forensics provides a concise, cohesive exploration of all forms of cybercrime, including cyberterrorism and cyberwarfare, in an international context.

This new edition includes:

• A detailed chapter-by-chapter exploration of specific forms of cybercrime, ranging from hacking and malware to fraud to various sexual and interpersonal crimes and even online illicit markets;
• An updated discussion of criminological theories;
• Up-to-date examinations of the laws pertaining to cybercrime across the world, inclusive of Australia, Canada, the EU, India, the UK, and the US;
• Explanations of generative Artificial Intelligence (AI), with examples in each chapter of the ways AI is facilitating cybercrime and transforming the landscape of cybercrime regulation;
• A detailed history of digital forensics, as well as the current processes of evidence collection and analysis;
• Examples of real-life cybercrime, cyberterror, and cyberwarfare incidents from around the world.

This text is essential reading for courses on cybercrime, cyber-deviance, digital forensics, cybercrime investigation, and the sociology of technology.

This book sets out a novel account of the conceptual foundations of liberty of conscience based on John Rawls's concept of moral personality.

Liberty of conscience (often called religious freedom) is a notoriously broad right. As understood in many legal systems, it can extend to virtually any action or inaction, ranging from dietary choices to objections to military service, and potentially provide protection against the application of a state's laws in respect of that action or inaction. To understand the proper limits of this right, it is necessary to inquire into its conceptual foundations.

The book shows that protection of liberty of conscience is warranted because of its importance to the exercise and development of the two moral powers of individuals that comprise their moral personality: the power to judge right and justice, and the power to form and pursue a conception of the good. However, some possible limitations for the right relating to the rights of others and the common interest flow from this rationale.

Utilising this theoretical account, the book analyses two case studies at the limits of religious freedom in the law of the UK and USA: pandemic lockdown restrictions on religious gatherings, and non-discrimination laws in their application to same-sex couples.

What is 'good' healthcare? Can we define and deliver it, or will we simply make things better for some people and worse for others?

Bringing together the fields of philosophy and healthcare, this open access book provides a much needed framework for understanding and navigating the conceptual and ethical issues at the heart of healthcare improvement.

This accessible text reveals the contribution philosophy can make to the provision of quality healthcare, combining theory and practice with a wide range of case studies, such as urban poverty screening in US primary care and UK concerns to underpin anti-racist practice.

Throughout, the authors advocate 'pragmatic pluralism', emphasizing compassion, social justice and practical wisdom alongside techniques, measures and outcomes. Across public policy, bioethics, healthcare management, social sciences and beyond, it is a must-read for students, scholars and
practitioners alike.

Through biographical investigations of gang members' life histories, this open access book illustrates the range of causes, motivations, and consequences associated with being a gang member.

Gangs are one of a small number of truly global social phenomena, present across time and space all over the world. Partly as a result of this ubiquity, gangs are inherently revealing social institutions, and can be connected to a range of fundamental human activities, such as the exercise of power, capital accumulation, socialization, identity formation, territorialization, or the articulation of gender relations, amongst others.

At the same time, however, gangs are also frequently associated with an almost pathological form of violence, generally represented as engaging in senseless forms of brutality, and gangsters are popular global scapegoats. Such representations make it all the more urgent to understand what it is that truly motivates individuals to become gang members, why they undergo particular trajectories, and what the long-term consequences of gang membership might be.

Through a comparison of thirteen life histories of gang members from twelve different countries around the world, this book offers a nuanced and sensitive overview of the global gang experience. Life histories are ideal lenses through which to explore these issues due to their ability to simultaneously reflect both the uniqueness and the embedded complexity of gang lives, but also their capacity to offer fundamentally relatable portraits that elicit empathy and humanize individuals.

The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the European Research Council grant (no. 787935).

This is a book about law and its impact on our practical reasoning.

Drawing from Bernard Williams, the book argues that our practical engagements with the law are complex and often obscure. It begins with a novel view on practical reason that is called open-minded reasons internalism. This is a view that emphasises how certain considerations can bear on action for concrete agents, and in doing so it is an explanatory account of reasons and actions. The account is receptive to the considerations that makes much of people's lives: the motivations and dispositions they have, the notions of character and identity, and respect.

The book claims that this account helps in making sense of much of the richness seen in real life in how concrete agents engage with the law. It provides the tools to explain when and why an agent identifies herself totally with the law, as Inspector Javert did in Les Miserables, but it can also explain the attitude of respect that many law-abiding citizens have, and even the merely prudential considerations of OW Holmes' famous 'bad man'. What emerges from this book is a view on law and practical reason that takes seriously the phenomenology of action.

This book will be of interest to anyone interested in philosophical accounts of how we engage our practical reasoning with complex social practices.

By considering historical and doctrinal analysis with qualitative empirical work, the book combines theory and practice to provide an institutional understanding of patent agency. Comparing research from across Europe, the United Kingdom, and the United States, the book reveals how professional enclosures have reshaped patent drafting standards, examination practices, and quality debates. Moving beyond diagnostic approaches, Aoun challenges current institutional arrangements and proposes reforms to restore broader participation in patent governance and ensure these systems better serve innovation ecosystems.

Combining critique with constructive suggestions for change, this book is an essential resource for intellectual property scholars and law professors. It is also an insightful read for patent practitioners and attorneys given its critical reflection on the profession, as well as a valuable toolkit for policymakers focusing on patent reform.

Drawing on multijurisdictional insights from both legal and economic perspectives, this book provides a structured framework for understanding how competition law and policy can meaningfully contribute to sustainability while safeguarding legal certainty and coherence. The authors explore how competition law not only prevents harmful conduct but also accommodates arrangements that promote sustainability goals. Across the chapters a range of key topics are analysed, including constitutional foundations in EU law, guidance development at EU level and a wide range of the other leading jurisdictions in and outside the EU, as well as emerging anticompetitive enforcement practices, the abuse of dominance and mergers.

This book is an invaluable resource for academics and students in competition and antitrust law, sustainable development and environmental law. Sauter and Nowag's comparative approach is also beneficial to political scientists, policy analysts and practitioners working towards the UN's Sustainable Development Goals.

This collection offers the first sustained, multidisciplinary legal analysis of deepfakes and their far-reaching consequences.

Deepfake technology has moved with disorienting speed from fringe curiosity to a global social, political and legal problem. Once the preserve of Hollywood studios, the ability to fabricate hyper-realistic images, audio and video is now available to anyone with a smartphone. Its most prevalent and devastating use remains the creation of non-consensual sexually explicit content targeting women. Yet deepfakes also fuel political disinformation, destabilise democratic processes, enable fraud and identity theft, and contribute to a broader post-truth climate in which the authenticity of all digital evidence becomes contestable. In this landscape, one of the most urgent tasks is simply to begin the right conversations about how law and society should respond. Across three sections, an international array of scholars examine how synthetic media challenges foundational assumptions about privacy, image rights, evidential truth and democratic integrity. These essays explore deepfakes' profound impact on the individual dignity of both the living and the dead, their capacity to generate epistemic uncertainty, and the structural difficulties they pose for courts, regulators and lawmakers. Bringing together theoretical, doctrinal and comparative insights, the book illuminates a fragmented regulatory landscape and articulates both the pressing need for more coherent, principled governance of synthetic media, and some of the difficulties that will necessarily be encountered by those designing regulatory measures.

This is a timely and vital volume for scholars, jurists and legislators concerned with the future of truth, autonomy and accountability in an increasingly synthetic world.

Organised into four parts, the Handbook moves from the conceptual and historical foundations of the corporate form through the legal mechanics of core money-raising transactions. These include IPOs, private placements, takeovers, and rescue finance, as well as emerging challenges in sustainable finance, digital innovation, and alternative capital structures such as dual-class stock and sovereign wealth funds. A final comparative section situates these insights across diverse jurisdictions, including Canada, the United States, the European Union, and Latin America.

This Research Handbook will be essential reading for scholars and researchers in corporate and financial law. It will also be invaluable for practitioners, regulators, and policymakers seeking a deeper understanding of the legal architecture underpinning modern capital markets.

This book offers a groundbreaking comparative study of Directors' and Officers' (D&O) liability insurance regulation across representative common law jurisdictions (mainly the UK and US), and the Chinese legal system, examining its legal character, regulatory frameworks, and corporate governance implications.

In an era where companies are expanding across borders and operating in increasingly complex financial markets, D&O liability insurance has become an integral part of modern corporate governance. It provides financial protection for directors and executives against claims of misconduct, negligence, or breach of duty. It supports corporate resilience and leadership continuity during crises, while also shaping managerial incentives by balancing risk-taking, accountability, and corporate responsibility. High-profile corporate governance failures demonstrate the need for effective accountability mechanisms, yet D&O insurance regulation remains fragmented. Common law jurisdictions have developed mature regulatory frameworks, whereas emerging markets such as China are still evolving theirs. Through doctrinal and comparative analysis, this book examines policy structures, regulatory oversight, corporate governance implications, and the tension between risk transfer and deterrence.

Grounded in rigorous legal analysis and real-world cases, this book is an essential reference work for scholars and students of company and insurance law, comparative law, and legal practitioners, policymakers, and business professionals involved in corporate accountability and risk management.

Questioning traditional legal concepts in light of AI's transformative influence, contributors assess fields such as intellectual property, privacy and data protection, fundamental rights and international law. They discuss the various facets of AI regulation, copyright and payment models, as well as different legal regimes and their applicability to AI, including unfair competition. The book also confronts under-explored issues like generative AI training, the regulation of rights reservation, author remuneration and perspectives on AI in the Global South.

Artificial Intelligence and Creativity is a key resource for scholars and students of intellectual property law, as well as practicing lawyers specializing in the law of artificial intelligence. Researchers in other disciplines, from economics to the humanities, interested in the impact of AI and its regulation will also benefit from its comprehensive overview of this increasingly complex and controversial field.