法　学 — 全 下位分類

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 open access book examines the rules shaping British political entertainment.

Satire is a powerful tool for exposing political hypocrisy. It can be offensive and provocative, sparking debates about the limits of freedom of expression and the harm in humour. The book focuses on broadcasting restrictions born from the quaintly named rules on taste and decency, and impartiality, assessing the potential damage to democracy when rules are misinterpreted. In examining the historical and legal context, it traces how regulatory frameworks have evolved and impacted on the creative industries.

Through interviews with industry professionals including comedians, writers, and executive producers, the book challenges the idea that regulation dictates editorial choices and creates a cancel culture. It reveals how broadcast practitioners decide the ethical and legal limits of offensive humour, and how the misinterpretation of the impartiality requirement can undermine satire's role. Performers and writers discuss how self-censorship, and social pressures influence what we see and hear in the media.

Much of British political satire has been "smoothed out" due to fears of offending audiences or because of a timid approach to programme making. This has left the audience unchallenged, uninformed, and politically disengaged. The book argues for a policy change to broadcast regulation. The impartiality requirement should be dropped for satire, and broadcasters should be more robust in defending their output.

This book is essential reading for policy makers, lawyers, and both media students and academics keen to understand the editorial process and the effect of 'cancel culture'.

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 UKRI.

The Research Handbook considers how branded content is governed in different jurisdictions, providing comparative and transferrable insights which demonstrate how familiar legal tools can be stretched when influence is built cumulatively through design, targeting and delivery. Contributors analyse the interplay between the rules aimed at limiting harm in high-risk or sensitive contexts, the intellectual property boundaries that advertising routinely presses against, and the platform- and data-driven machinery of contemporary promotion. While recognising that there is no single, all-purpose solution, they take a future-facing rather than futurist approach. Expert authors engage with contemporary advertising challenges such as the meta-verse and propose practical ways of thinking about reform.

Providing a map of current doctrine and emerging pressure points, this Research Handbook is an invaluable resource for advertising, consumer, and media law scholars and students. Advertising regulators, policy officials and practitioners in the field will also benefit from its practical insights.

This enlightening Research Agenda explores international refugee law through marginalised topics and perspectives. A diverse array of leading experts propose new research avenues for centring forgotten voices at a time of increasingly complex and rampant government-fuelled xenophobia.

Chapters assess how states have shrewdly adapted to changes in migration patterns and causation, resulting in difficulties in ensuring the humane treatment of migrants. Contributors decentre Eurocentric frameworks to legitimise and prioritise the lived experiences of displaced persons, allowing them to interrogate the impact of colonialism in refugee scholarship and practices. The Research Agenda moves beyond the limitations of asylum law regimes to focus more broadly on mobility, decolonialism and feminist approaches. It encourages scholars to partner with displaced persons, reframing refugee law to reflect the realities of those it is designed to protect.

A Research Agenda for Refugee Law is a vital resource for scholars and students of refugee law, international law and politics and public policy. Human rights lawyers and asylum workers will similarly benefit from its radical lens and reconceptualisation of the field.

Tuori investigates the role of the Commission in assisting with constitution-making in post-socialist countries, before assessing diplomacy and rule-of-law regression constitutional auditing following the break-up of Yugoslavia. Chapters examine the Commission's activities and doctrine through a political lens, illustrated by timely case studies focusing on Bosnia and Herzegovina, Poland, Tuerkiye and Ukraine. The book dissects the relationship between the Commission's success and its inclusion in CoE and EU conditionality and monitoring, blurring the boundary between soft and hard law.

The Venice Commission is a crucial resource for students and scholars of constitutional and administrative law and human rights. The insights are also invaluable to legal practitioners, especially those with an interest in consulting and rule-of-law monitoring.

The book examines the approaches to regulating artificial intelligence through ethical, legal, and policy frameworks. Its primary focus is on critical issues such as algorithmic bias, data privacy, transparency, human rights, and the broader social implications of AI technologies. The scope of the book aligns with the evolving policies and strategies being developed by governments and international organizations to ensure the responsible and accountable use of AI. It presents real-world applications across sectors such as healthcare, education, finance, and public administration, illustrating both the opportunities and challenges associated with AI regulation for organizations and individuals.

In addition, the book explores national and international initiatives aimed at establishing governance models that promote accountability, fairness, and public trust. It emphasizes the need for participatory and adaptive policy frameworks that can respond effectively to the rapid pace of technological change.

This book is intended for students, researchers, policymakers, and professionals, and seeks to bridge the gap between theory and practice in the field of AI governance.

Key Features:

• Explore the ethical, legal and policy aspects of AI governance in a multidisciplinary manner.
• Examines practical application of national and global case studies including real life examples of AI policy.
• Discusses how governments, international institutions and civil society can create responsible AI systems.
• Bridges theory to the practice by linking basic principles with new models of governance.
• Academic learning, policy development that is written in an accessible language, well-structured and references that is current.

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.

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Key Features:

• Over 130 entries from leading experts
• Divides lines of inquiry into three themes: philosophy of law, interdisciplinary studies and empirical or experimental research
• Explores key concepts and fundamental ideas underpinning the main schools of thought in legal philosophy and interdisciplinary movements relevant to law
• Presents accessible and authoritative entries on the most significant debates, ranging from work on the concept and the authority of law to established and emerging methods for the study of law and legal institutions

This Concise Encyclopedia is an essential resource for scholars and students of law, legal philosophy and legal theory. Legal analysts and practitioners interested in the development of legal theory will also benefit from its invaluable insights.

Combining deep theoretical analysis with international and national case studies, contributing authors highlight how environmental harm is experienced unequally in everyday life through health, work, care, and survival. Chapters rethink regulation, switching the emphasis from dominance and control to connection and responsibility, establishing the need to recognise our interdependence with both each other and our ecosystem. Featuring interdisciplinary perspectives from legal academics and practitioners drawing on diverse strands of feminist scholarship, the Handbook proposes more caring and accountable forms of governance oriented toward justice and ecological integrity.

The Research Handbook on Feminist Approaches to Environmental Law is an essential resource for students and scholars of environmental law, feminist legal theory, and gender studies. Policymakers and researchers will also benefit from its global coverage and innovative analysis.

Primarily exploring political systems outside the Anglosphere, this book conducts a theoretical and comparative analysis of unwritten constitutional norms, focusing on their role in legislative and executive functions, as well as their recognition by the judiciary.

It provides an in-depth exploration of selected contexts in which unwritten norms operate across a wide range of constitutional systems, illustrated with concrete examples of how unwritten constitutional norms are applied. The interaction between written and unwritten norms emerges throughout the book as a factor shaping not only institutional behaviour but also patterns of constitutional interpretation. Together, the chapters offer insight into the complexity of contemporary constitutions and the informal dynamics that underpin their practical operation.

This book will be of key interest to scholars and students of constitutional law, legal theory, legal philosophy, and comparative law.

Bridging international and business law, contributors explore how gaps in accountability are enabled through fragmented corporate groups, transnational value chains and territorially bounded legal doctrines. Encompassing a range of jurisdictions from around the world, the Research Handbook provides novel insights on corporate power in globalized business, the role of finance and accounting and the use of contracts for sustainability in global value chains. Chapters move beyond the disruptive use of courts to consider a number of regulatory possibilities, highlighting the potential for change despite deeply entrenched unethical practices.

Proposing regulatory interventions to enable, promote or mandate corporate accountability, the Research Handbook on Sustainability and Corporate Accountability is essential reading for scholars and students of law, political science, economics and business management. Industry practitioners will also benefit from its guidance on rapidly evolving regulatory developments in changing times.

Colonial Intellectual Property: The Case of the Congo examines the implementation of the Belgian system of intellectual property in the Congo. For the colonized people, some realms of colonial intellectual property such as patents remained closed for a long time, and other domains opened possibilities for participation, such as copyrights. Based on research in unpublished archives in the Democratic Republic of the Congo and in Belgium, this book is the first to trace the history of intellectual property in the Congo, following a chronological and thematic structure.

The first chapter focuses on the implementation of the patent system in colonial Congo and examines the activity of international entrepreneurs who considered patent-taking as an investment in a coercive colonial regime. Chapter two turns to trademarks, and examines both the sociology of entrepreneurs, and the use of stereotypes in brand images. Chapter three further examines the issue of geographical indications of origins, as well as design registration and the place of the commons. Copyrights are the main theme of chapter four. During the postwar era, a group of Congolese musicians exercised their rights in the management of their intellectual property dues. They worked in partnership with the Kinshasa branch of a Belgian collective management society, until they founded in 1959 the SACO, Societe des Auteurs congolais. Chapter 5 then turns to the decolonization, during which the Democratic Republic of the Congo became an independent voice in the international associations for intellectual property.

This book will appeal to all those interested in the history of colonialism in Africa.

Through real calls, field narratives, and thinkers from Du Bois and Weber to Simmel and Foucault, this book reframes the dispatcher's role from a clerical function to a moral one. Dispatchers make split-second decisions that impact the fate of everyone a call involves, yet they remain the most consequential and least examined actors in policing. Sociologist Peter J. Marina draws on urban ethnography, social theory, and the thirty years of street-level law enforcement experience of retired NOPD Lieutenant Pedro Marina to argue that human rights protection begins not when officers arrive, but the moment someone answers the phone.

The blase attitude, warrior and guardian orientations, the sociological imagination, dual-subject asymmetry, and tri-subject asymmetry all converge at the dispatch console, where a single framing decision determines how the caller is heard, how the officer understands the situation, and how the silent subject who never speaks is ultimately treated. A five-year-old named Tia Hernlen, a woman whispering from a locked bathroom, a jogger stopped for existing while Black, and the Trayvon Martin case all ask the same question. Will the dispatcher see all three: the caller who speaks, the person who never does, and the officer heading toward a scene?

The book will be of interest to emergency service dispatchers, non-dispatch supervisors/managers, and students in criminal justice or emergency service programs, as well as those involved in policymaking, training, and implementation within policing organizations.

Die Arbeit analyisert zunaechst die rechtlichen, technischen und psychologischen Grundlagen rechtsgeschaeftlicher Kommunikation. Darauf aufbauend untersucht sie, welche Auswirkungen eine Automatisierung des Geschaeftsverkehrs auf die Methodik der rechtsgeschaeftlichen Auslegung hat. Sie zeigt, dass sich fuer die durch den Technikeinsatz aufgeworfenen Fragen auf Basis der hergebrachten Auslegungsdogmatik sachgerechte Loesungen finden lassen, ohne dass Geschaeftsrisiken aus der Sphaere der die Automatisierung einsetzenden Partei in die Sphaere der anderen Partei uebertragen werden, aber auch ohne dass Missbrauchsmoeglichkeiten eroeffnet werden, welche die praktische Anwendung der Vorteile von Automatisierungen verhindern.

"[The] written style is admirably clear, conversational and free from jargon ... It will be of immense interest to anybody with a general interest in UK law, politics and history." Times Higher Education

This engaging, authoritative text has, since its very first edition, maintained its position as the market-leading introduction to the constitution of the United Kingdom. Adopting a thematic approach, it discusses questions of history, sources and conventions, the role of the Crown, Parliament and the electoral system, government and the executive, the judiciary, and the territorial distribution of power. In addition, it offers analysis of the evolution of the UK's historic non-codified constitution, its strengths and perceived weaknesses, and of reform initiatives. The new edition systematically examines the impact of the recent developments, including how COVID changed how government operated, the revolving door of Prime Ministers, the election of the Labour government, and the accession of King Charles III.

Though introductory in approach, it does not shy away from the complexity of the constitutional landscape in the United Kingdom. It provides a contextual overview of the principles, doctrines and institutions that underpin the elusive constitution, allowing students of law and politics, both from the UK and abroad, to develop an informed view of how it actually works.