Released on 2021-05-06Categories Law

Rule of Law Intermediaries

Rule of Law Intermediaries

Author: Kristina Simion

Publisher: Cambridge University Press

ISBN: 9781108916660

Category: Law

Page:

View: 869

Scholars puzzle over the conditions that make rule of law development in authoritarian settings successful. In this significant contribution, focusing on the decade of Myanmar's political transformation, Kristina Simion explores rule of law assistance through the practice and experience of intermediaries, their capital, strategies and challenges. How do intermediaries influence the field, and the ways in which the rule of law is brokered transnationally? And why do they matter? Simion relates her research to law and sociology to bring to light these neglected players, focusing on who they are, the influence they have, their double agency and their crucial importance in establishing trust and translating rule of law. Relying on rich empirical data collected in Myanmar, the book shares the voices of the individuals that help to steer societal change within authoritarian confines. This socio-legal work offers some insights into why rule of law change in authoritarian settings often does not go expected ways, one of the development field's long unresolved issues.
Released on 2022-10-08Categories Law

The Rule of Law in Cyberspace

The Rule of Law in Cyberspace

Author: Carlos Blanco de Morais

Publisher: Springer Nature

ISBN: 9783031073779

Category: Law

Page: 397

View: 672

The rule of law in cyberspace currently faces serious challenges. From the democratic system to the exercise of fundamental rights, the Internet has raised a host of new issues for classic legal institutions. This book provides a valuable contribution to the fields of international, constitutional and administrative law scholarship as the three interact in cyberspace. The respective chapters cover topics such as the notion of digital states and digital sovereignty, jurisdiction over the Internet, e-government, and artificial intelligence. The authors are eminent scholars and international experts with a profound knowledge of these topics. Particular attention is paid to the areas of digital democracy, digital media and regulation of the digital world. The approach employed is based on a comparative perspective from Germany, the Netherlands, Italy, Portugal and Brazil. One particular focus is on how various legal systems are coping with increasing difficulties in the exercise of democracy with regard to disinformation and hate speech. The roles of legislators, the judicial system and public administrations are analysed in the light of the latest cases, conflicts and technologies. In addition to this comparative approach, the book explores the evolution of rule of law in cyberspace and the upcoming new legal regimes in the European Union and Brazil. Special care is taken to offer a critical review of both the literature and the latest legal solutions adopted and being considered regarding the regulation of cyberspace from a constitutional and administrative perspective. Given its scope, the book will be of interest to researchers and scholars in the field of digital law whose work involves constitutional problems in cyberspace and/or practical problems concerning the regulation of social networks and online commerce.
Released on 2018-05-15Categories Political Science

State of democracy, human rights and the rule of law 2018

State of democracy, human rights and the rule of law 2018

Author: Council of Europe

Publisher: Council of Europe

ISBN:

Category: Political Science

Page: 108

View: 244

Human rights, democracy and the rule of law depend on the institutions that give them form. But for populists, who invoke the proclaimed “will of the people”, these institutional checks and balances on power are often seen as an obstacle that should be subverted. This is the fifth annual report of the Secretary General of the Council of Europe on the state of democracy, human rights and the rule of law in Europe. As with previous reports, the five chapters look at the key building blocks of democratic security: efficient, impartial and independent judiciaries; freedom of expression; freedom of assembly and freedom of association; democratic institutions; and inclusive societies.
Released on 2019-10-02Categories Law

Internet Intermediaries and Copyright Law

Internet Intermediaries and Copyright Law

Author: Stefan Kulk

Publisher: Kluwer Law International B.V.

ISBN: 9789403514901

Category: Law

Page: 360

View: 425

All forms of online communications and interactions between people and companies on the Internet are facilitated by intermediaries – service providers whose decisions and policies have a shaping effect on the Internet, its users and the information shared on it. Today, because such intermediaries employ technologies that go well beyond the mere transmission and storage of information into new realms potentially disrupting existing business models, a rethinking of existing relevant law is called for. The legal analysis and recommendations in this book put the topic of intermediary liability in the perspective of copyright law and offer a vision on how to regulate that liability. In the context of in-depth and up-to-date analyses on EU, US, German and Dutch law, the author discusses such issues and topics as the following: the liability rules in the new Directive on Copyright in the Digital Single Market; liability for the intermediary’s own copyright infringements (primary liability); the intermediary’s responsibility to stop or prevent the infringements of others (secondary liability); the role that fundamental rights play in copyright law and intermediary liability; the rights and interests of copyright owners, intermediaries and users, and how they are protected; notice-and-takedown by service providers; website blocking by Internet access providers; the publisher’s rights and the use of online articles by platforms; legal status of hyperlinks under copyright law; and search engine use of copyrighted materials. A focus on the strengths and weaknesses of existing EU copyright law concerning Internet intermediaries in terms of how future-proof that law is, includes detailed attention to legislation, regulation and case law. With its deeply informed guidance with respect to the methods of regulation in a domain that is heavily influenced by technological developments, this book will be welcomed by policymakers, legislators, academics, judges and practitioners working in the area of copyright law as applied to the Internet. The detailed attention to the extent to which an intermediary can be held liable for copyright infringements in both the EU and the US will prove highly beneficial for in-house counsellors and advisors working for rights holder organizations and intermediary service providers.
Released on 2020Categories Law

Oxford Handbook of Online Intermediary Liability

Oxford Handbook of Online Intermediary Liability

Author: Giancarlo Frosio

Publisher: Oxford Handbooks

ISBN: 9780198837138

Category: Law

Page: 801

View: 232

This book provides a comprehensive, authoritative, and state-of-the-art discussion of fundamental legal issues in intermediary liability online, while also describing advancement in intermediary liability theory and identifying recent policy trends.
Released on 2016-04-01Categories Business & Economics

The China Path to Economic Transition and Development

The China Path to Economic Transition and Development

Author: Yinxing Hong

Publisher: Springer

ISBN: 9789812878434

Category: Business & Economics

Page: 234

View: 928

This book by the renowned Chinese scholar Dr. Yinxing Hong provides the reader with a perceptive analysis of what has worked in China’s development model. Over the past 30 years, China has experienced a remarkable economic rise, but it now faces the challenge of switching the drivers of this economic growth, which have proven so successful. The path has not been an easy one, and many challenges lie ahead. However, the rise of the Chinese economy has been the most significant global development in recent years. Is there a specific Chinese model? How was the Chinese transition, from a Soviet-style economic structure to one that is more open to market influences and the global market, achieved? In 15 essays, Dr. Hong provides fascinating insights to these and other key questions. The essays cover the challenges involved in transition and how the market-oriented reforms progressed; what the consequences of the transition were for public goods provision and how China opened up its economic system. The essays in Part II address the remaining challenges facing rural areas trying to develop a more consumer-driven economic base, and how to effectively modify the model of economic development. This book provides a sound basis for policymakers and scholars alike, as well as anyone who wants to get an insider’s view of the progress and challenges faced by China’s economic development.
Released on 2006-01-01Categories Business & Economics

A Reader in International Corporate Finance

A Reader in International Corporate Finance

Author: Stijn Claessens

Publisher: World Bank Publications

ISBN: 9780821366998

Category: Business & Economics

Page: 418

View: 906

A Reader in International Corporate Finance offers an overview of current thinking on six topics: law and finance, corporate governance, banking, capital markets, capital structure and financing constraints, and the political economy of finance. This collection of 23 of the most influential articles published in the period 2000-2006 reflects two new trends:interest in international aspects of corporate finance, particularly specific to emerging markets, awareness of the importance of institutions in explaining global differences in corporate finance."In the last decade, financial economis.
Released on 2022-09-08Categories Law

Intermediaries in Commercial Law

Intermediaries in Commercial Law

Author: Paul S Davies

Publisher: Bloomsbury Publishing

ISBN: 9781509949106

Category: Law

Page: 484

View: 622

This book is the first to examine intermediaries in a holistic and systematic manner. The classical model of face-to-face contracting between two individuals is no longer dominant. Instead, deals frequently involve a number of parties, often acting through intermediaries. As a result, it is important to understand the role and power of intermediaries. Intermediaries tend to be considered within discrete silos of the law. But by focussing upon a particular, narrow area of law, lessons are not learned from analogous situations. This book takes a broader approach, and looks across the traditional boundaries of private law in order to gain a proper assessment of the role played by intermediaries. A wide range of jurisdictions and topical issues are discussed in order to illuminate the role intermediaries play in commercial law. For example, the continued growth of electronic commerce requires consideration of the role of websites and other platforms as intermediaries. And developments in artificial intelligence raise the prospect of intermediaries being non-human actors. All these issues are subject to rigorous analysis by the expert contributors to this book.
Released on 2016-07-14Categories Law

The Liability of Internet Intermediaries

The Liability of Internet Intermediaries

Author: Jaani Riordan

Publisher: Oxford University Press

ISBN: 9780191030475

Category: Law

Page: 576

View: 375

Internet intermediaries play a central role in modern commerce and society. Although their economic and social importance is well-recognised, their legal liability remains poorly understood, and, until now, no work has specifically addressed their legal responsibility for wrongdoing carried out by third parties using their facilities or platforms. This work fills that gap by providing comprehensive coverage of the legal duties owed by intermediaries and the increasingly complex schemes that regulate their activities. The first part of the work introduces the concept of an internet intermediary, general doctrines of primary and secondary liability, and the European enforcement regime. The second part examines the liability of intermediaries in specific areas of law, with a detailed analysis of the applicable liability rules, and the major English case law, and decisions of the Court of Justice that interpret and apply them. The final part of the work provides guidance on remedies and limitations. Written by an expert author from the intellectual property chambers at 8 New Square, Lincoln's Inn, this is an essential guide for lawyers advising on liability, privacy, and online regulation.