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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

Diese Buch ist kein Finanzratgeber und keine klassische Biografie. Es ist ein persönliches Protokoll über Machtgefälle, Abhängigkeit und systematisches wegsehen. Ausgangspunkt ist ein Konflikt mit meiner Sparkasse, der ich jahrelang mein Vertrauen schenkte. Doch im Kern geht es um mehr: um strukturelle Überlegenheit eines Geldinstituts gegenüber einem einzelnen Kunden, um fehlende Augenhöhe, um Aktenführung, Verantwortung, wirtschaftlicher Entscheidungen auf ein reales Leben

Wenn das Vertrauen zu deiner Hausbank zerbricht

Ausgeliefert

This book brings together leading experts on the United Kingdom's constitutional arrangements to show how the constitution works, the role played by actors, and the scope for reform. The experts are practitioners from the fields of law and politics, and include former judges, ministers and law officers, parliamentarians, a law commissioner, barristers, a former clerk of the House of Commons, Lord Speaker, First Minister of Wales, and the Prime Minster of New Zealand. Each contributor has been, or is, a constitutional actor and their chapter draws upon this unique first-hand experience. In addition to contributions on the UK Constitution, there are three comparative chapters that explore constitutional reform in Jamaica, and the constitutions of Denmark and New Zealand. The chapters explore issues and themes such as devolution, protecting standards in public life, breaches of political trust and the role of the law, House of Lords reform, the role of the law officers, the role of the Law Commission, the Supreme Court as a Constitutional Court, and the experiences of those working in Parliament. Constitutional Actors in the UK Constitution will be of interest to those working in politics, the law, or the civil service, academics who teach and research in politics or law, postgraduate and undergraduate students, and members of the public looking to learn more about the constitution.

Constitutional Actors in the UK Constitution

This volume explores in detail the use of the doctrine of good faith in the common law when interpreting contracts and resolving disputes. Building on the findings of Good Faith and Relational Contracts (Hart, 2024) the book discusses the implications of relational contract theory and good faith for issues such as liquidated damages clauses, discretion to terminate a contract, contract forfeiture, employment contracts and contractual remedies. The author discusses the potential for good faith to unite a number of currently disparate contract law and equitable principles into a coherent framework, providing an opportunity to question and jettison some archaic aspects of existing doctrine that are no longer defensible. Ambitious and thoughtful, this is a significant statement on the role of good faith in private law.

Application to Specific Principles

Good Faith and Relational Contracts, Volume 2

Hart Studies in Constitutional Theory

This book challenges the near-universal acceptance of a US-style, Western constitutional paradigm as the best basis for comparative constitutional studies. It does so on three main grounds: anachronism, 'othering' and cultural specificity. Main pillars of 'convergent constitutional theory' are rooted in the revolutionary, late-eighteenth century - a lost world; constitutional arrangements that deviate from the paradigm are often branded as 'outliers' or even as not constitutional at all; and the foundations of the paradigm in liberal democracy give no space for other forms of constitutionalism. Whatever the attractions of convergent theory as a normative ideal of good government, for the purposes of understanding, analysing and explaining constitutional systems it is far from ideal. This book discusses and questions: convergent theory's weddedness to writing as the technology of constitution-making; its image of a constitution as fundamental law; its idea that a constitution expresses the 'sovereignty of the people'; its use of tripartite separation of powers as the basic principle of institutional design; its relative neglect of administrative law; its association of 'rights' with judicially enforceable bills of rights; and its obsession with a vaguely specified concept of 'democracy'. It makes suggestions for alternative, preferable methods of understanding, analysing and explaining constitutions, and governmental and constitutional systems.

The Distorting Lens of Convergent Constitutional Theory

The law codes in the Middle East North Africa (MENA) region are a well-crafted blend of civil and Islamic law in which civil law principles do not violate Islamic provisions. Yet, common law principles derived either from English common law or Islamic customary usages remain unidentified and thus ignored. Here, this complex scenario is rectified through a comparative analysis of the primary data (e.g. cases, statutes and arbitral award decisions), adding common law and uncodified Islamic custom to MENA law codes. The purpose of this comparative analysis is to allow common legal principles found in civil, common and Islamic law to be distilled in order to create a new, harmonised international commercial arbitration law code (HICALC) or uniform Arab arbitration law (UAAL) for adoption in the MENA region, where these principles already greatly influence the legal systems and can be readily assimilated into a harmonised or uniform code. The work demonstrates that this new code would lead to improved arbitral award enforcement in the MENA.

A Model Harmonised International Arbitration Law Code for the Middle East and North Africa

This book presents a new perspective on the debate around legitimacy, politics and constitutional law in Supreme Courts. Moving away from the troubling perception that Supreme Courts are trampling on the wrong side of the law/politics divide, it accepts and defends the critical claim that constitutional law is intrinsically and inescapably politics: in style, substance and outcome. It explains what is involved in that claim and recommends a more nuanced and compelling account than it is caricatured to be. The book proceeds to demonstrate how the legal and judicial process can proceed if the law-is-politics critique is taken seriously. Insisting that it cannot be business as usual, the author offers a series of constructive proposals about how constitutional law and judicial decision-making can continue in anything like their present format and style. Recognising that a more radical approach could be taken to the way in which democracy might re-organise, the book runs with the idea that it is possible to incorporate and accommodate the law-is-politics argument within a governmental system of constitutional democracy that resembles closely what now occurs. In that sense, the book is both critical and constructive as well as principled and pragmatic.

Courts, Constitutions and Politics

Rethinking Legitimacy

The Art Law Library

This open access book offers a unique perspective on the return of cultural objects by considering the aftermath of the handover processes. While calls for the repatriation of heritage have been made since the start of the decolonisation process, it is only in recent years that the debate on returning cultural objects has gained widespread prominence. This has been followed by ongoing efforts from several countries to change the legislation, adopt principles, and invest in provenance research to turn repatriation into a more proactive mechanism. The book tells the story of cultural objects that were housed in European institutions and returned to countries in Africa, Asia, and the Americas. In addition to in-depth analysis of relevant laws and policies, each of the case studies integrates interviews with those who were directly involved in those return processes, as well as those who were impacted by them, including museum staff, government representatives and community members. The book presents previously unheard insights into past return processes, the manifold modalities that such processes have followed, and, at times, unexpected outcomes. By doing so, it offers possible lessons to be learnt for future returns. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Leverhulme Trust.

Exploring the Stories of Cultural Objects After their Return

Beyond Restitution

This book explores the intricate terrain of international religious freedom discourse. It examines the evolution and controversies surrounding the formulation and interpretation of the freedom of religion or belief as a universal right within the United Nations. From legal and philosophical standpoints to the political dimensions of the subject, the book navigates through the complex terrain, shedding light on challenges to the universality and non-discriminatory implementation of this fundamental freedom. Beyond theoretical and legal debates, the study reveals how actors within the United Nations have 'defamed ' the freedom of religion or belief, reshaping its interpretation away from its original 1948 objectives. The book explores the dynamic interplay of postmodern views, legal intricacies, and political perspectives, contributing to a potential diminishment of the normative force of related legal provisions. It addresses critical topics including religious tolerance, blasphemy, defamation of religion, and apostasy, offering a comprehensive understanding of the evolving landscape of international human rights discourse. This is an indispensable resource for scholars, policymakers, and anyone seeking a profound insight into the challenges and transformations shaping the global pursuit of religious freedom.

A Historical and Conceptual Analysis of the United Nations

Defaming the Freedom of Religion or Belief

What is the significance of sex characteristics and gender identity in public law? Why are these personal attributes important for the legal relationship between the person and public authorities? What happens when people do not conform to the assumptions about sexual anatomy and gender identity that are presupposed in the law? Gender Diversity in Public Law explores these questions through an extensive analysis of jurisdictions across Europe, Latin America, and Asia. By integrating comparative law with gender and constitutional studies, the volume examines how gender diversity is both recognized and regulated in different legal systems. This book shows that sex characteristics and gender identity are central to public law. It demonstrates that legal systems are not based solely on the existence of men and women. Instead, they rely on the presence of men, women, and nonbinary individuals, each characterized by specific physical and identity traits. When people exhibit sex characteristics and/or a gender identity that defy legal assumptions and definitions, public law intervenes and actively shapes the subjects it requires. At the same time, legal systems are gradually becoming more inclusive of gender diversity, and this book investigates how emerging models of recognition are transforming public law to recognize gender-diverse people. Gender Diversity in Public Law offers a comparative perspective on the complex relationship between gender diversity and public law, shedding light on a crucial aspect of this field-one that has remained largely understudied until now.

Between Recognition and Control

Gender Diversity in Public Law

This book explores the relationship between copyright law, online anonymity, and creative user-generated content (CUGC). Presenting original empirical findings, the book evaluates the co-existence of copyright law and normative systems regulating a CUGC landscape made up of artists, photographers, and writers, and makes novel recommendations for copyright reform. It takes a multi-jurisdictional approach across Anglo-American and EU legal systems, using the UK, USA, and Germany as representative jurisdictions for legal analysis. Qualitative findings are drawn from creators and communities on Reddit and 4chan. Copyright subsists in much CUGC, but pervasive anonymity makes it difficult for the law to regulate it effectively. Simultaneously, anonymity offers creative benefits in a way that highlights flaws in traditional justifications of copyright. Comparisons between community norms and copyright law identify practical differences but also fundamental compatibilities in terms of ownership expectations. However, the simultaneous existence of legal and normative enforcement mechanisms complicates matters for creators and potential users, with negative implications for creativity and copyright law. While existing reform efforts have made suggestions to create a UGC exception, these overlook and undermine the role of CUGC creators as copyright holders. This can be addressed through the consideration of a framework of supplementary CUGC guidelines when developing such reforms. This valuable resource for researchers and students provides a distinct perspective in framing CUGC creators as copyright holders, examining online anonymity as a pivotal factor influencing regulation.

Copyright and Anonymity in the Creative User-Generated World

Hart Studies in European Criminal Law

Harmful AI-generated Content between Criminal Law and Digital Regulation

Addressing Deepfakes

Governing AI is about getting AI right. Building upon AI scholarship in science and technology studies, technology law, business ethics, and computer science, it documents potential risks and actual harms associated with AI, lists proposed solutions to AI-related problems around the world, and assesses their impact. The book presents a vast range of theoretical debates and empirical evidence to document how and how well technical solutions, business self-regulation, and legal regulation work. It is a call to think inside and outside the box. Technical solutions, business self-regulation, and especially legal regulation can mitigate and even eliminate some of the potential risks and actual harms arising from the development and use of AI. However, the long-term health of the relationship between technology and society depends on whether ordinary people are empowered to participate in making informed decisions to govern the future of technology - AI included.

A Primer

Governing AI

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

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