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New Dimensions in Privacy Law

New Dimensions in Privacy Law Author Andrew T. Kenyon
ISBN-10 0521860741
Release 2006-11-02
Pages 296
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This broad-ranging examination of privacy law considers the challenges faced by the law in changing technological, commercial and social environments. It encompasses three overlapping areas of analysis : privacy protection under the general law; legislative measures for data protection in digital communications networks; and the influence of transnational agreements and other pressures towards harmonised privacy standards. Leading internationally recognised authors discuss developments across these three areas in the United Kingdom, Europe, the United States, Australia and New Zealand.



Exploring Private Law

Exploring Private Law Author Elise Bant
ISBN-10 9781139491105
Release 2010-09-02
Pages
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Inspired by recent debate, the purpose of this collection of essays on private law doctrines, remedies and methods is to celebrate and illustrate the contribution that both 'top-down' and 'bottom-up' methods of reasoning make to the development of private law. The contributors explore a variety of topical subjects, including judicial approaches to 'top-down' and 'bottom-up' methods; teaching trusts law; the protection of privacy in private law; the development of the law of unjust enrichment; the private law consequences of theft; equity's jurisdiction to relieve against forfeiture; the nature of fiduciary relationships and obligations; the duties of trustees; compensation and disgorgement remedies; partial rescission; the role of unconscionability in proprietary estoppel; and the nature of registered title to land.



Contemporary Intellectual Property

Contemporary Intellectual Property Author Hector MacQueen
ISBN-10 9780199575329
Release 2010-09-30
Pages 1058
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This textbook provides an account of intellectual property law. The underlying policies influencing the direction of the law are explained and explored and contemporary issues facing the discipline are tackled head-on. The international and European dimensions are covered together with the domestic position.



Emerging Challenges in Privacy Law

Emerging Challenges in Privacy Law Author Normann Witzleb
ISBN-10 9781139916752
Release 2014-04-17
Pages
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This collection of essays explores current developments in privacy law, including reform of data protection laws, privacy and the media, social control and surveillance, privacy and the Internet, and privacy and the courts. It places these developments into a broader international context, with a particular focus on the European Union, the United Kingdom, Australia and New Zealand. Adopting a comparative approach, it creates an important resource for understanding international trends in the reform of privacy and data protection laws across a variety of contexts. Written by internationally recognised experts, Emerging Challenges in Privacy Law: Comparative Perspectives provides an accessible introduction to contemporary legal and policy debates in privacy and data protection law. It is essential reading for academics, policy makers and practitioners interested in current challenges facing privacy and data protection law in Europe and in the common law world.



Law and Religion

Law and Religion Author W. Cole Durham (Jr.)
ISBN-10 STANFORD:36105134503122
Release 2010
Pages 618
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In Law and Religion: National, International, and Comparative Law Perspectives, every chapter supports a broad and dynamic discussion of familiar issues by placing them in global context. Offering extensive international and comparative law materials, as well as Establishment Clause and Free Exercise cases, international experts Durham and Scharffs bring new vision and scope to the study of Law and Religion.



Privacy A Very Short Introduction

Privacy  A Very Short Introduction Author Raymond Wacks
ISBN-10 9780191038808
Release 2015-03-26
Pages 160
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Some would argue that scarcely a day passes without a new assault on our privacy. In the wake of the whistle-blower Edward Snowden's revelations about the extent of surveillance conducted by the security services in the United States, Britain, and elsewhere, concerns about individual privacy have significantly increased. The Internet generates risks, unimagined even twenty years ago, to the security and integrity of information in all its forms. The manner in which information is collected, stored, exchanged, and used has changed forever; and with it, the character of the threats to individual privacy. The scale of accessible private data generated by the phenomenal growth of blogs, social media, and other contrivances of our information age pose disturbing threats to our privacy. And the hunger for gossip continues to fuel sensationalist media that frequently degrade the notion of a private domain to which we reasonably lay claim. In the new edition of this Very Short Introduction, Raymond Wacks looks at all aspects of privacy to include numerous recent changes, and considers how this fundamental value might be reconciled with competing interests such as security and freedom of expression. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.



Handbook of Defence Politics

Handbook of Defence Politics Author Isaiah "Ike" Wilson III
ISBN-10 9781136639487
Release 2011-03-28
Pages 476
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Issues of defence politics and policy have long been at the forefront of political agendas and defining of international affairs. However, the dramatic changes to the global system that have taken place since the end of the Cold War and parrticularly since the terror attacks on the USA on 11 September 2001 have amplified the world's attention toward political and policy issues of national, regional and global security. The focus of this volume is on examining the fundamental causes of, and defence policy responses to this new 'post-9/11' security environment. Edited by Isaiah (Ike) Wilson III and James J. F. Forest of the US Military Academy, West Point, USA, this volume is international in scope, with pieces written by experts in the field, offering a collection of up-to-date and balanced insights on key contemporary issues of concern to defence policymakers. The book will be an invaluable reference tool for academics and students, researchers in international relations, policymakers, media professionals and government officials.



The Constitutional Dimension of Contract Law

The Constitutional Dimension of Contract Law Author Luca Siliquini-Cinelli
ISBN-10 9783319498430
Release 2017-03-13
Pages 330
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One of the hallmarks of the present era is the discourse surrounding Human Rights and the need for the law to recognise them. Various national and supranational human rights instruments have been developed and implemented in order to transition society away from atrocity and callousness toward a more just and inclusive future. In some countries this is done by means of an overarching constitution, while in others international conventions or ordinary legislation hold sway. Contract law plays a pivotal role in this context. According to many, this is done through the much-debated ‘civilising mission’ of the contract, a notion which itself constitutes the canon of the Western liberal principle of ‘civilised economy’. The movement away from the belief in the absolute freedom of contract, which reached its zenith in the nineteenth century, to the principles of fairness and justice that underpin contract law today, is often deemed to be a testament to this civilising influence. Delving into the interplay between human rights policies, constitutional law, and contract law from both theoretical and practical perspectives, this first volume of a two-book collection offers a totally new reappraisal of the subject by gathering a collection of essays written by contract law scholars from Europe, South Africa, Canada, and Australia. Instead of providing the reader with a sterile compilation of positivistic norms and policies on the impact of fundamental rights and constitutional law issues on contract law’s development, the authors build on their personal experience to analyse specific topics related to contracting that include a constitutional dimension. The book fills an important void in comparative law scholarship and in so doing represents the starting point for further debate on the subject.



Arbitrability

Arbitrability Author Stavros L. Brekoulakis
ISBN-10 9789041127303
Release 2009
Pages 375
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It often seems today that no dispute is barred from resolution by arbitration. Even the fundamental question of whether a dispute falls under the exclusive jurisdiction of a judicial body may itself be arbitrable. Arbitrability is thus an elusive concept; yet a systematic study of it, as this book shows, yields innumerable guidelines and insights that are of substantial value to arbitral practice. Although the book takes the form of a collection of essays, it is designed as a comprehensive commentary on practical issues that emerge from the idea of arbitrability. Fifteen leading academics and practitioners from Europe and the United States each explore different facets of arbitrability always with a perspective open to international developments and comparative evaluation of standards. The presentation falls into two parts: in the first the focus is on the general features of arbitrability, its rationale and the laws applicable to it. In the second, arbitrability is specifically examined in the context of administrative, criminal, corporate, IP, financial, commercial, and criminal law This book has its origins in an International Conference on Arbitrability held at Athens in September 2005. Seven papers presented there are here reviewed and updated, and nine others are added. The subject of the book and– arbitrability and– is one that is much talked about, but seldom if ever given the in-depth treatment presented here. Arbitrators and other practitioners in the field will welcome the way the analysis moves logically from theory to practice regarding every issue, and academics will recognize a definitive treatment of arbitrability as understood and applied in the settlement of disputes today.



Reparations for Indigenous Peoples

Reparations for Indigenous Peoples Author Federico Lenzerini
ISBN-10 9780199235605
Release 2008-01-24
Pages 650
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In this book, a group of renowned legal experts and activists investigate the right of indigenous peoples to reparations for breaches of their individual and collective rights.



The Influence of Human Rights and Basic Rights in Private Law

The Influence of Human Rights and Basic Rights in Private Law Author Verica Trstenjak
ISBN-10 9783319253374
Release 2015-12-16
Pages 593
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This book provides a comparative perspective on one of the most intriguing developments in law: the influence of basic rights and human rights in private law. It analyzes the application of basic rights and human rights, which are traditionally understood as public law rights, in private law, and discusses the related spillover effects and changing perspectives in legal doctrine and practice. It provides examples where basic rights and human rights influence judicial reasoning and lead to changes of legislation in contract law, tort law, property law, family law, and copyright law. Providing both context and background analysis for any critical examination of the horizontal effect of fundamental rights in private law, the book contributes to the current debate on an important issue that deserves the attention of legal practitioners, scholars, judges and others involved in the developments in a variety of the world’s jurisdictions. This book is based on the General Report and national reports commissioned by the International Academy of Comparative Law and written for the XIXth International Congress of Comparative Law in Vienna, Austria, in the summer of 2014.



Will Privacy Law in the 21st Century be American European or International

Will Privacy Law in the 21st Century be American  European or International Author Philipp E. Fischer
ISBN-10 9783656123514
Release 2012-02-08
Pages 43
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Intermediate Examination Paper from the year 2010 in the subject Law - Comparative Legal Systems, Comparative Law, grade: befriedigend, Queen Mary University of London (Centre for Commercial Law Studies (CCLS)), course: International Studies in Intellectual Property Law (LL.M.) - End of first term dissertation, language: English, abstract: Rapidly developing technologies are providing new and very powerful means to sort, combine and analyse data. This data exists in a networked environment, thus personal information can be collected and processed on any computer on the Net and is, at least in theory, accessible by every computer on the Net. The development of the Internet has made it possible to transfer this data "around the globe at the click of a mouse". Fresh business models such as "cloud computing", the newest "driver to illustrate the speed and breadth of the environment", allow this data to be processed across national borders on a routine basis. Individuals and companies are "increasingly immersed in social networking, search technologies, online commerce and many other activities in which information about an individual is sent worldwide from one point to another". These activities became more and more borderless, because the Internet, as an open window to the world, blurs the lines between public and private space, firstly since globalisation and the outsourcing of economic actors entrain an ever growing exchange of personal data, additionally because of the security pressure in the name of the legitimate fight against terrorism opens the access to a significant number of data to an increasing number of public authorities and finally this is due the tools of the digital society accompany everyone at each stage of life by leaving permanently individual and borderless traces in both space and time. Therefore, calls of both the public and private sectors for an international legal framework for privacy and data protection have become louder. Privacy Commissioners appealed to the United Nations "to prepare a binding legal instrument which clearly sets out in detail the rights to data protection and privacy as enforceable human right". This appeal was repeated in 2008 at the 30th International Conference held in Strasbourg , and at the 31th conference 2009 in Madrid through the draft of a global legal instrument on Data Protection with a view to submitting it to the United Nations. But also companies such as Google and Facebook have come under continuous pressure from governments and citizens to reform data use of data. Could these calls possibly be best achieved by an international framework for Data Protection, rather than a collection of national or regional approaches?



Intellectual Property Unfair Competition and Publicity

Intellectual Property  Unfair Competition and Publicity Author Nari Lee
ISBN-10 9780857932624
Release 2014-04-25
Pages 384
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Dealing with rights and developments at the margin of classic intellectual property, this fascinating book explores emerging types of regulations and how existing IP regimes inform and influence the judicial and legislative creation of _substitute‘ IP



Comparative Property Law

Comparative Property Law Author Michele Graziadei
ISBN-10 9781785369162
Release 2017-01-27
Pages 520
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Comparative Property Law provides a comprehensive treatment of property law from a comparative and global perspective. The contributors, who are leading experts in their fields, cover both classical and new subjects, including the transfer of property, the public-private divide in property law, water and forest laws, and the property rights of aboriginal peoples. This Handbook maps the structure and the dynamics of property law in the contemporary world and will be an invaluable reference for researchers working in all domains of property law.



Climate Change and Human Rights

Climate Change and Human Rights Author Ottavio Quirico
ISBN-10 9781317662679
Release 2015-09-07
Pages 410
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Do anthropogenic greenhouse gas emissions affect human rights? Should fundamental rights constrain climate policies? Scientific evidence demonstrates that anthropogenic greenhouse gas emissions contribute to increasing atmospheric temperatures, soon passing the compromising threshold of 2° C. Consequences such as Typhoon Haiyan prove that climate alteration has the potential to significantly impair basic human needs. Although the United Nations Framework Convention on Climate Change and human rights regulatory regimes have so far proceeded separately, awareness is arising about their reciprocal implications. Based on tripartite fundamental obligations, this volume explores the relationship between climate change and interdependent human rights, through the lens of an international and comparative perspective. Along the lines of the metaphor of the ‘wall’, the research ultimately investigates the possibility of overcoming the divide between universal rights and climate change, and underlying barriers. This book aims to be a useful resource not only for practitioners, policymakers, academics, and students in international, comparative, environmental law and politics and human rights, but also for the wider public.



General Principles of Law

General Principles of Law Author Stefan Vogenauer
ISBN-10 9781509910694
Release 2017-06-15
Pages 432
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Examining general principles of law provides one of the most instructive examples of the intersection between EU law and comparative law. This collection draws on the expertise of high-profile and distinguished scholars to provide a critical examination of this interaction. It shows how general principles of EU law need to be responsive to national laws. In addition, it is clear that the laws of the Member States have no choice but to be responsive to the general principles which are developed through EU law. Viewed through the perspective of proportionality, legal certainty, and fundamental rights, the dynamic relationship between the ingenuity of the Court of Justice, the legislative process and the process of Treaty revision is comprehensively illustrated.



Vicarious Liability in Tort

Vicarious Liability in Tort Author Paula Giliker
ISBN-10 9781139493079
Release 2010-10-28
Pages
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Vicarious liability is controversial: a principle of strict liability in an area dominated by fault-based liability. By making an innocent party pay compensation for the torts of another, it can also appear unjust. Yet it is a principle found in all Western legal systems, be they civil law or common law. Despite uncertainty as to its justifications, it is accepted as necessary. In our modern global economy, we are unlikely to understand its meaning and rationale through study of one legal system alone. Using her considerable experience as a comparative tort lawyer, Paula Giliker examines the principle of vicarious liability (or, to a civil lawyer, liability for the acts of others) in England and Wales, Australia, Canada, France and Germany, and with reference to legal systems in countries such as the United States, New Zealand and Spain.