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Lüneburger Schriften zum Wirtschaftsrecht

Tim Philipp Hamann

Die Europäische Richtlinie 2020/1828 über Verbandsklagen und ihre Umsetzung in Deutschland und Spanien

This book focuses on contemporary problems related to fraud and risk in commercial law.

It has been said by some that we are in a 'golden age of fraud'. In part this has been caused by globalisation, technological changes and the financialisation of business. This has resulted in the creation of automated linkages with integrated supply chains and the creation of systemic risks, which have been exacerbated by new forms of intangible assets like tokens and their ease of movement. While regulation has ebbed and flowed given the desire of governments to generate economic growth, as well as the distrust of their coercive powers, the courts have sought to strike a balance between considerations such as commercial certainty and fairness.

The book provides an analysis of key contemporary issues on the theme of fraud and risk in commercial law, including: technology and fraud, secondary liability and 'failure to prevent' economic crime, abuse of business entities, insolvency and creditor protection, injunctions and other orders, cross-border issues, the relationship between regulation and private law, and solutions for policy makers.

Fraud and Risk in Commercial Law

Law, Theory and Practice

Insurability of Emerging Risks

Forests are central to international security, peace, and justice, as they provide livelihoods for millions of impoverished people in developing countries. Threat's to the world's forests may result in a reduction in basic livelihood resources and will have significant consequences on a global scale. There is no existing international treaty on the protection of forests, with the result that their international protection is governed by disparate areas of international law and smaller-scale local initiatives. In this context, this book reviews the history of international law on forests, evaluating the effectiveness of the existing international legal framework to protect them. The book investigates the impact of the initiatives which have emerged in the absence of a dedicated international agreement, including Reducing Emissions from Deforestation and Forest Degradation (REDD+) and forest certification, which are assessed in the wider context of the development of international environmental law. It also considers the role of regional forest agreements in the international protection of forests. It assesses the challenges to the effectiveness of international law governing forests, in particular the disparate nature of the law as it stands, and posits that the solution can be found in existing regional agreements. It argues that a more specific international treaty, consistent with the recent decisions of international courts on environmental protection and building on the experience of regional legal instruments, may offer an effective path forward.

Forests are central to international security, peace, and justice, as they provide livelihoods for millions of impoverished people in developing countries. Threat's to the world's forests may result in a reduction in basic livelihood resources and will have significant consequences on a global scale. There is no existing international treaty on the protection of forests, with the result that their international protection is governed by disparate areas of international law and smaller-scale local initiatives. In this context, this book reviews the history of international law on forests, evaluating the effectiveness of the existing international legal framework to protect them. 

The book investigates the impact of the initiatives which have emerged in the absence of a dedicated international agreement, including Reducing Emissions from Deforestation and Forest Degradation (REDD+) and forest certification, which are assessed in the wider context of the development of international environmental law. It also considers the role of regional forest agreements in the international protection of forests. It assesses the challenges to the effectiveness of international law governing forests, in particular the disparate nature of the law as it stands, and posits that the solution can be found in existing regional agreements. It argues that a more specific international treaty, consistent with the recent decisions of international courts on environmental protection and building on the experience of regional legal instruments, may offer an effective path forward.

International Law and the Protection of Forests

Hart Studies in Private Law

This book engages with some of Stephen A Smith's most significant arguments, illustrating that he was a towering figure in the field of private law, with little of the field not impacted by his scholarship. The contributors explore Professor Smith's most controversial thinking on private law. Interrogating questions of contract law, remedies, unjust enrichment, comparative law, and the legal theory underlying these fields, this is an important publication in the field.

Essays in Honour of Stephen A Smith

Understanding Private Law

Gender, Justice and Legal Feminism

The edited volume aims at presenting the various forms of stereotyping. As a matter of fact, such logical inclination is not only perpetrated through common sense and public discourse, but also through regulation and various ethical practices. Law and politics, indeed, can have a relevant function in preventing the diffusion of bad and wrong gender stereotypes.

The edited volume aims at presenting the various forms of stereotyping. As a matter of fact, such logical inclination is not only perpetrated through common sense and public discourse, but also through regulation and various ethical practices. Law and politics, indeed, can have a relevant function in preventing the diffusion of bad and wrong gender stereotypes.&nbsp;"Stereotypes have been and remain a notion central to feminist/ gender inquiry. This edited volume brings forth original perspectives from a wide range of scholars from multiple and diverse angles. The editors, Condello and Wagner, distinguish between the frameworks of mythos, logos and nomos to show how stereotypes are entrenched in cultural narratives, normative systems and language. Authors in the volume explore how stereotypes influence policy, cultural norms and personal identity causing discrimination and exclusion. The volume aptly underscores the importance of recognizing how race, class, ethnicity, religion amongst other identities intersect with power and play out in areas like the media, education and law.&nbsp; The various chapters reflect on the importance of interdisciplinary approaches to make sense of the persistence of stereotypes. The focus falls for example on gender stereotypes in the city; in textbooks, in criminal law, in the Bildungsroman and in various religious settings.The volume will be an essential read for anyone concerned about the world as it is trying to make sense of the pervasiveness and endurance of gender injustice. Judith Butler, in her latest work invokes the idea of ‘phantasm’ to illustrate how conservatives and reactionaries from various places have created fears to justify censorship, discrimination and injustice. The various takes on stereotypes in the volume highlights the role they play in putting this ‘phantasm’ to work.The chapters included here not only expose gender stereotypes and their entanglement with suffering and injustice but it also challenges us to think about and work towards alternatives. It beckons us to put our imaginaries to work, in the words of the editors, to ‘reimagine the world not as it is, but as it could be’."Karin van Marle, Research Chair Gender, Transformation, Worldmaking, University of the Western Cape

Case Studies, Policies and Theoretical Approaches

Gender Stereotypes

Landmark Cases

Substantive Cases

Landmark Cases in EU Law, Volume 2

Paradigms, Exceptions and Hybrids

Enforcement Rights in Public and Private Law

Law and Religion in a Global Context

This book is the first study to consider findings from sociology, legal anthropology, ethnology, legal pluralism, comparative law and theology in order to gain a better understanding of the diverse cultures of global Catholicism and the cross-cultural challenges arising from Roman Catholic canon law within the local churches. The author, renowned for her work at the intersection of socio-legal studies and canon law, examines the latter as a distinctive example of a European religious legal system that cuts across the myriad legal cultures of the local churches. In light of findings on legal transfer and legal colonialism, and by examining canon law within the emerging field of social and cultural studies approaches to law, her book sheds light on how canon law is imposed upon and received by the local churches around the world. It analyses the challenges and problems arising from the law’s transcultural claims within these churches. Based on these observations, the study discusses the critical stance of canon law within contemporary Catholicism and the current debates on a synodal reform of the church and its law.&nbsp; The book adopts different perspectives: As a sociological study, it describes the contemporary Eurocentrism of global canon law and the conflicts arising from it. As a theological study, it presents ecclesiological reasons for challenging the hegemony of global legislation. As a study of canon law, it suggests ways in which legislation could permit greater diversity while maintaining the unity of the universal church. By analysing canon law as a specific example of a religious legal order with cross-cultural ambitions and global claims, the book also contributes to the study of transnational law in general by illustrating the typical problems that accompany transnational legal regimes in both secular legal systems and religious groups.
This is an open access book.

This book is the first study to consider findings from sociology, legal anthropology, ethnology, legal pluralism, comparative law and theology in order to gain a better understanding of the diverse cultures of global Catholicism and the cross-cultural challenges arising from Roman Catholic canon law within the local churches. The author, renowned for her work at the intersection of socio-legal studies and canon law, examines the latter as a distinctive example of a European religious legal system that cuts across the myriad legal cultures of the local churches. In light of findings on legal transfer and legal colonialism, and by examining canon law within the emerging field of social and cultural studies approaches to law, her book sheds light on how canon law is imposed upon and received by the local churches around the world. It analyses the challenges and problems arising from the law’s transcultural claims within these churches. Based on these observations, the study discusses the critical stance of canon law within contemporary Catholicism and the current debates on a synodal reform of the church and its law.&nbsp;
 
 The book adopts different perspectives: As a sociological study, it describes the contemporary Eurocentrism of global canon law and the conflicts arising from it. As a theological study, it presents ecclesiological reasons for challenging the hegemony of global legislation. As a study of canon law, it suggests ways in which legislation could permit greater diversity while maintaining the unity of the universal church. By analysing canon law as a specific example of a religious legal order with cross-cultural ambitions and global claims, the book also contributes to the study of transnational law in general by illustrating the typical problems that accompany transnational legal regimes in both secular legal systems and religious groups.
 This is an open access book.

Global Catholicism, Glocal Legislation, and the Local Churches

The Cultures of Canon Law

Studies of the Oxford Institute of European and Comparative

A Comparative Perspective

The Foundations of Tort Law in the Civilian Tradition

Datenrecht und neue Technologien

Vor dem Hintergrund rückläufiger Eingangszahlen an den Zivilgerichten und der wachsenden Bedeutung privater Streitbeilegungsplattformen analysiert die Arbeit das Potenzial KI-gestützter Entscheidungssysteme zur Entlastung der Justiz. Sie analysiert die Ursachen des Rückgangs und diskutiert gesetzgeberische Reformansätze. Eine erfolgreiche Reform könnte die Fallzahlen zwar steigern, zugleich aber die justiziellen Ressourcen zusätzlich belasten. Um dieser potenziellen Überlastung zu begegnen, identifiziert die Arbeit KI-Werkzeuge als Schlüsseltechnologie im Rahmen der richterlichen Entscheidungsfindung und analysiert die damit verbundenen technischen und verfassungsrechtlichen Rahmenbedingungen.

Der Einsatz von Entscheidungsvorhersage-und Entscheidungsunterstützungssystemen zur Schonung justizieller Ressourcen

Methoden der Künstlichen Intelligenz im Zivilprozess

Routledge Research in Legal Philosophy

This book explores democratic development in Indonesia-the world's third-largest democracy after India and the United States. Through case studies, it looks at two rival versions of democracy-the republican form and the electoral form-and posits that electoral democracy is not sustainable without republican institutions, laws, and norms. In recent years, there has been growing instability in Indonesian democracy, with brutal fighting among political forces and deep polarization. This book contends that what needs to be explained is not the democratic decline in Indonesia but rather the deviant form of democracy that the country has been practicing since the fall of the military dictatorship. It is argued that in the last twenty-five years, Indonesia has practiced a Schumpeterian form of democracy with a heavy emphasis on election while neglecting the minimum threshold of a healthy republican form of democracy: political participation, equality of virtues, and the principle of nondomination. The book invites readers on an intellectual journey to explore the republican ideal through the lenses of philosophy, law, politics, and the history of the problem of democracy in Indonesia.

A Legal Philosophical Analysis

Democracy and the Rule of Law in Indonesia

Hart Studies in Commercial and Financial Law

This book provides guidance to the laws of whistleblowing in the EU banking and financial sector. Covering all the relevant EU legislation, including the Directive on the protection of whistleblowers, the book provides insights from 3 EU member states - France, Luxembourg, and Ireland - alongside the relevant international, Council of Europe, and US laws. Following the adoption of the Directive on whistleblowing, the book offers the necessary understanding of the legal landscape, relevant case-law analysis, and examples stemming from EU and US jurisdictions. The book offers a reasoned and comparative review of the genesis and legal rules of whistleblowing in the EU banking and financial sector; it will enable readers to understand how whistleblowing started in this sector, the specific rules under EU law, and how these are transposed to selected member states. Readers will thus be able to navigate whistleblowing legislation and be informed about their rights and duties. Providing clarity and expert analysis in a complex area, the book is a must read for researchers, government officials, and practitioners.

Theory and Practice

Whistleblowing in the EU Banking and Financial Sector

Die Europäische Richtlinie 2020/1828 über Verbandsklagen und ihre Umsetzung in Deutschland und Spanien

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