Law 588 results

Healthcare is changing. This volume explores patient autonomy and data protection laws in light of developments in modern healthcare systems, particularly ICT in healthcare and personalised medicine. A must-read for every professional active in the field of data protection law, health law, policy development or IT-driven innovation.

This book contains the text of the Inaugural Caius Mok Law Lecture, given by The Hon. Chief Justice Geoffrey Ma at Gonville and Caius College, Cambridge.

The book sketches a broad landscape of sources of modern contract law, with particular regard to EU private law rules. It provides for a better understanding of the identity of present-day contract law by analysing the multitude of social and economic dynamics that shape its normative landscape.

This book examines the rise of populist constitutionalism and the main trends that have led to the current, ongoing crises in liberal democracy. Combining theoretical contributions, comparative typologies and important case studies, the spread of populism and illiberal democracy in Europe is critically explored.

This book analyses in a comprehensive manner the phenomenon of 'public interest' in different areas of law, both public and private. The contributions focus on the definition of public interest and the distinction between public and private interest. Further, they define the relevant 'public' and investigate the weight of public interest in case of conflict with other considerations and the legal consequences of its breach.

How to choose the most beneficial enforcement regime for cross-border claims of a client? A question considerably complicated by (1) the existence of various European Union enforcement tools and (2) particularities in the national legal systems that impact on the operation and suitability of the various enforcement tools. This book compares and analyses the practical utility and potential pitfalls of the 2nd generation regulations (European Enforcement Order, European Order for Payment, European Small Claims Procedure and European Account Preservation Order) and their relation to Brussels Ibis. The work is based on an extensive evaluation of case law (published and unpublished), empirical data and literature from eight Member States (Belgium, France, Germany, Italy, Luxembourg, The Netherlands, Poland, Spain) and the Court of Justice of the European Union.

This book analyzes the legal issues arising from and relating to environmental loss and damage. It does so from a comparative and interdisciplinary perspective, examining both public and private law aspects. It takes into consideration specific legal issues concerning liability, compensation and restoration of damage in different sectors and jurisdictions.

This book brings together a range of views on the reciprocal influences of substantive and private international law in the fields of family and succession law. It outlines some key elements of this interplay in selected jurisdictions and provides a basis for discussion and future work on the reciprocal influences of domestic and European law.

This book is a comprehensive analysis of the choice of court and choice of law provisions that apply to cross-border family matters and succession in EU private international law.

Extreme weather events, resulting from anthropogenic climate change, disproportionately affect developing States such as the Caribbean and Pacific Islands, yet these states make a relatively small contribution to climate change compared to developed States and emerging markets. This book examines the legal responsibility of states with regard to post-disaster reconstruction and the duty to provide early warning from the perspective of various areas of international law, particularly as no specific, singular public international law instrument is applicable or responsible.

This book analyses the emerging concept of 'non-regression' as a novel legal principle of international environmental law. In order to do so, it traces the development of related concepts in the framework of international human rights law and advocates their application to international environmental law using a novel approach of comparative law method.

In many cases, existing Anti-Money Laundering legislation is shaped by unrealistic political expectations and inconsistent design. This book outlines key deficiencies of existing law and develops policy proposals to enhance both effectiveness and respect for fundamental rights. This book is also available online as a free, open access resource at www.intersentiaonline.com.

This book brings together a group of renowned contract lawyers to analyse how their own legal systems deal with twelve cases of morally dubious agreements. It explores questions of validity, enforceability and the availability of remedies, while offering crucial insights into the divergences and converges between different European legal systems.

The fifty-seventh volume of the Annotated Leading Cases of International Criminal Tribunals contains the most important decisions taken by the ICC in the years 2011-2012. It provides the reader with the full text of the decisions identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented on these decisions.

This book is devoted to the applicable law to contractual and non-contractual obligations in the European Union as applied before the Courts. It is a valuable resource for practitioners, the judiciary, and academics who are interested in understanding how EU law is applied on national level.

This book sets out a human rights approach to domestic abuse. It argues that the European Convention on Human Rights provides a powerful framework upon which to build a strong legal response to the problem of domestic abuse.

This book brings together international experts to discuss questions and challenges relating to the legal articulation of the emerging right to gender self-determination and its consequences for law and society, such as the future of sex/gender registration and the protection of trans persons against discrimination.

The International Survey of Family Law is the annual review of the International Society of Family Law. It brings together reliable and clearly structured insights into the latest and most notable developments in family law from all around the globe.

This book explores a range of issues related to the development, application and enforcement of international criminal justice within Africa and on Africa. Written by experts from Africa, and adopting African perspectives, it seeks to understand the scope and reach of these issues, nationally, regionally and globally.

How do memory and remembrance relate to transitional justice that lays emphasis on restoration? What is captured and what is obliterated in individual and collective efforts to come to terms with a violent past? Across this volume consisting of twelve in-depth contributions, the politics of memory in various countries are related to restorative justice under four headings: restoring trust, restoring truth, restoring land and restoring law.