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Reflections on Global Law
Reflections on Global Law provides an interesting and vital look into the newly emerging field of global law. It allows the possibility for readers to discover global law from the perspective of various academic experts who stem from a whole range of different legal disciplines. In a globalised world, it is important that one is able to look beyond the "local", given that there are now a whole host of different types of jurisdictions at work. This book touches upon the interdisciplinary character and complexities of global law and demonstrates the further need, within academia, to delve into this newly emerging field of law.
The Impact of Legislation
Around the globe, ex ante evaluation of legislation has become an established rationalisation of legislative processes. Legislators, politicians, and the public at large increasingly demand new laws to have a particular effect and no unwanted side effects. Various instruments are being applied that all have in common that they must predict the effect of new legislation. Until now, most publications on regulatory impact assessment praise such instruments as being extremely useful. Scepticism, however, is in order as well. Is it not as difficult to predict the future effect of a new set of rules in our complex society as it is to predict where our society as a whole is going? The search for an...
Law and Artificial Intelligence
This book provides an in-depth overview of what is currently happening in the field of Law and Artificial Intelligence (AI). From deep fakes and disinformation to killer robots, surgical robots, and AI lawmaking, the many and varied contributors to this volume discuss how AI could and should be regulated in the areas of public law, including constitutional law, human rights law, criminal law, and tax law, as well as areas of private law, including liability law, competition law, and consumer law. Aimed at an audience without a background in technology, this book covers how AI changes these areas of law as well as legal practice itself. This scholarship should prove of value to academics in s...
Sustainable Development, Evaluation and Policy-Making
This pathbreaking book contributes to the discourse of evidence-based policy-making. It does so by combining the two issues of policy evaluation and sustainable development linking both to the policy-cycle. It covers contributions: · examining the perception of sustainability problems, which analyse the relationship between sustainability and assessment; · highlighting the role of evaluation and impact assessment studies during policy formulation; · looking at policy implementation by examining sustainability and impact assessment systems in different application areas; · addressing policy reformulation presenting monitoring and quality improvement schemes; · discussing quality of sustainability evaluations studies. Providing theoretic insights, reflections and case studies, this novel study will prove essential to postgraduate students, practitioners, policymakers and researchers in the area of sustainable development, policy-making and evaluation.
The European Parliament and Delegated Legislation
This book revisits the Treaty of Lisbon's promise to further parliamentarize the EU's functioning by looking into the Treaty-law framework governing the delegation of legislative power in the EU. In this field, the Lisbon Treaty formally greatly strengthened the position of the European Parliament vis-à-vis both the European Commission and the Council. The book explores whether Parliament's formally reinforced role is reflected in the actual balance of powers in the area of delegated legislation and executive rule-making. It does so by assessing how both the law and practice of decision-making at the legislative level, looking at specific case studies, and the sub-legislative level, examining the scrutiny over delegated legislation, has crystallized in the ten years following the entry into force of the Lisbon Treaty. This rigorous study gives a fascinating insight into one of the most significant developments in European parliamentary law-making, which EU constitutional lawyers will find required reading.
Societal Agents in Law
In this two-volume set, Larry D. Barnett delves into the macrosociological sources of law concerned with society-important social activities in a structurally complex, democratically governed nation. Barnett explores why, when, and where particular proscriptions and prescriptions of law on key social activities arise, persist, and change. The first volume, Societal Agents in Law: A Macrosociological Approach, puts relevant doctrines of law into a macrosociological framework, uses the findings of quantitative research to formulate theorems that identify the impact of several society-level agents on doctrines of law, and takes the reader through a number of case analyses. The second volume, Societal Agents in Law: Quantitative Research, reports original multivariate statistical studies of sociological determinants of law on specific types of key social activities. Taken together, the two volumes offer an alternative to the almost-total monopoly of theory and descriptive scholarship in the macrosociology of law, comparative law, and history of law, and underscore the value of a mixed empirical/theoretical approach.
Britain and International Law in West Africa
Africa often remains neglected in studies that discuss the historical relationship between international law and imperialism during the nineteenth century. When it does feature, focus tends to be on the Scramble for Africa, and the treaties concluded between European powers and African polities in which sovereignty and territory were ceded. Drawing on a wide range of archival material, Inge Van Hulle brings a fresh new perspective to this traditional narrative. She reviews the use and creation of legal instruments that expanded or delineated the boundaries between British jurisdiction and African communities in West Africa, and uncovers the practicality and flexibility with which internation...
The Dynamics of Powers in the European Union
Separation of powers is the time-tested touchstone of the legitimate exercise of power in modern democracies. This collection examines decision-making in the EU's multilayered and polycentric constitutional structure through this lens. The focus on separation of powers reveals how strong executive powers collaborate in the EU as a single source of public power, which is not sufficiently counterbalanced by parliaments or the judiciary. The collection explores 3 policy fields marked by crisis: the economic and monetary union (EMU), migration, and trade. Drawing on expertise from across these sectors, with a strong conceptual thread linking all the contributions, this important work illustrates how different branches of government co-determine each others' powers.
Judicial Decision-Making in a Globalised World
Why do judges study legal sources that originated outside their own national legal system, and how do they use arguments from these sources in deciding domestic cases? Based on interviews with judges, this book presents the inside story of how judges engage with international and comparative law in the highest courts of the United Kingdom, Canada, the United States, France and the Netherlands. A comparative analysis of the views and experiences of the judges clarifies how the decision-making of these Western courts has developed in light of the internationalisation of law and the increased opportunities for transnational judicial communication. While the qualitative analysis reveals the moti...
Research Handbook in Data Science and Law
The use of data in society has seen an exponential growth in recent years. Data science, the field of research concerned with understanding and analyzing data, aims to find ways to operationalize data so that it can be beneficially used in society, for example in health applications, urban governance or smart household devices. The legal questions that accompany the rise of new, data-driven technologies however are underexplored. This book is the first volume that seeks to map the legal implications of the emergence of data science. It discusses the possibilities and limitations imposed by the current legal framework, considers whether regulation is needed to respond to problems raised by data science, and which ethical problems occur in relation to the use of data. It also considers the emergence of Data Science and Law as a new legal discipline.
