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Law and Criminology (R0)

Pavel Sturma

International Sanctions and Human Rights

&lt;p&gt;1. Introduction.- 2.&amp;nbsp;The notion of “sanctions” and&amp;nbsp;“countermeasures” in international law.- 3. Sanctions from the point of view&amp;nbsp;of (general) legal theory.- 4. Sanctions or restrictive measures&amp;nbsp;in the EU law.- 5.&amp;nbsp;State to State Sanctions: An Exception to Immunity of State and its Property, and of State Representatives?.-&amp;nbsp;6. United Nations sanctions and humanitarian exceptions.-&amp;nbsp;7. Human Rights Influencing Targeted Sanctions. On the role of international treaties on human rights and treaty mechanisms in relation to sanctions.-&amp;nbsp;8. Illegality of sanctions (or coercive measures) against the International Criminal Court.-&amp;nbsp;9. Sanctions from the perspective of the right to property. Confiscation of Assets.-&amp;nbsp;10. Due process and other procedural safeguards.-&amp;nbsp;11. Application of sanctions and the international commercial arbitration.-&amp;nbsp;12. The review of targeted sanctions of the UN and the EU at international level.-&amp;nbsp;13. Judicial approaches towards countermeasures in “background” disputes.-&amp;nbsp;14. Trapping European Companies Between Scylla and Charybdis: Unfulfilled Promises of the EU Blocking Statute.&lt;/p&gt;


This book offers an alternate trajectory for EU copyright law. Building on cultural norms in creative communities to reuse, recreate and share, the book proposes a more holistic approach to reconcile conflicting copyright interests. Drawing upon Niklas Luhmann's system theory, John Dewey's theory of art and feminist data theory, it advocates access to, and care within, creative communicative spaces, such as social media platforms or artificial intelligence (AI) data infrastructures, to safeguard creativity and cultural production online. Following a comprehensive assessment of current EU copyright law and related regulation, it proposes a rebuttable presumption of artistic communication to account for the nature of communication between authors, users and the public that safeguards creative reuse. The book isolates the question of remuneration, particularly in AI context, as one of collective socio-cultural value to address wider harms through a cultural commons existing on the border of the EU copyright system. Reflecting on traditional copyright concepts such as authorship, consent and remuneration alongside more novel legal structures like a right of collective informational self-determination, Reshaping EU Copyright Law to Support Creativity Online provides a foundation to reshape how the EU copyright system and its regulatory neighbours adequately respond to new forms of creativity, dissemination, and its use.

Creative Reuse

Reshaping EU Copyright Law to Support Creativity Online

Studies in International Law

This book offers a foundational rethinking of how international law engages with non-state effective territorial entities - territories that, while legally part of a recognised state, are de facto governed by non-state actors or other states. These entities - ranging from ISIL-controlled areas in Syria to the contested territory of Crimea, the autonomous Somaliland, and Taiwan - occupy an increasingly prominent place in global politics, yet remain inadequately addressed in legal doctrine. Rather than assessing these territories through the binary lens of statehood, the book begins by assuming their non-state status and asks: what legal capacity and responsibilities do such entities hold under international law? It considers their obligations toward both other states and the populations under their control, and explores the broader implications for concepts like sovereignty, territorial integrity, and recognition. Drawing on four case studies across a spectrum of state-likeness, the book moves beyond isolated analyses of conflict or self-determination to offer a more holistic account of what these entities reveal about the limits and possibilities of the current international legal framework. It argues for a more functional, capacity-based understanding of legal responsibility that acknowledges the realities of territorial control without forgoing the notion and role of statehood. Combining doctrinal clarity with pragmatic ambition, this book challenges the state-centric foundations of international law and offers a roadmap for engaging with one of its most pressing contemporary challenges: the legal accommodation of non-state territorial authority in a world still structured around states.

Re-Thinking Capacity and Responsibility in International Law

Non-State Effective Territorial Entities

Oñati International Series in Law and Society

This edited collection explores the question of how those with limited capacity are enabled to take their part as members of society within the context of both a legal framework and the expectations of their family and community. The book is divided into three parts, firstly looking at the current legal position on incapacity in a number of jurisdictions. It discusses the recent European project FLEUR, and the associated debates developing around whether legislation dealing with incapacity should aim to support or control the vulnerable person. Secondly, the book looks at the experience of families with vulnerable members. Chapters examine developments in Australia, Spain, Bulgaria and Argentina, while part three looks at France, Turkey, Canada, the Netherlands, Poland and Ukraine. It asks questions such as: What are the contemporary demands for full financial protection by the state in the Netherlands? What can happen in an emergency? How did the Polish system provide for the needs of refugees in wartime, in the case of the recent flight from Ukraine into Poland? An important dimension is added to the debate, asking how we can provide support and control within a social network or group whose members have different aims and needs in a family or a community.

Incapacity and Access to Family Justice

Company law, as a specialised branch of business law, is uniquely shaped by contemporary challenges that often redefine traditional legal concepts. Historically, the study of company law has been approached through the lens of individual legal systems rather than a broader, comparative perspective. Addressing this gap, this advanced textbook offers a comprehensive comparative analysis of common law and civil law traditions.The book focuses on the interplay between the UK legal system and the European Union's legal framework through the analysis of some EU states' legal systems. It examines company law in common law jurisdictions, particularly England and Wales, alongside Scotland, while integrating the latest legislative developments within some states of the EU, for instance, Italy and Germany. Through this comparative lens, the textbook explores pressing contemporary issues, such as the pursuit of sustainability and the green agenda, and technological evolution, in particular, AI, analysing their impact on the foundational principles of company law.Marking the 20th anniversary of the passing of the Companies Act 2006, Comparative Company Law serves as a bridge between common law and civil law, combining tradition with innovation. It provides a nuanced exploration of how modern challenges, ranging from sustainability to human rights, reshape the structure of company law, making it an essential resource for advanced students and scholars.

Human Rights, Sustainability and Technological Advancements

Comparative Company Law

Studies in National Governance and Emerging Technologies

This book examines how artificial intelligence systems and their applications in security and defence are entangled with governance and policy processes in the EU. Combining concepts and insights from (critical) security studies and science and technology studies, it argues that behind the various AI-related policy initiatives in the EU are particular narratives on security and defence based on European fears of technological innovation and strategic gaps. In this respect, the book casts light on how such beliefs have become increasingly instrumentalized in the European governance dynamics, and subsequently embedded in successive policy initiatives and security and defence research programmes. It challenges conventional understandings of AI technologies as mere security and defence-enabling instruments, by providing a conceptually driven analysis of how certain visions of AI help govern and control one of the most dynamic emergent socio-technical fields. The book will appeal to all those interested in artificial intelligence, security studies, technology and European governance.&nbsp;
 
 Raluca Csernatoni is a Research Fellow at Carnegie Europe, where she works on the nexus between European defence and emerging technologies. She is also Guest Professor at the Centre for Security, Diplomacy and Strategy (CSDS), Vrije Universiteit Brussel, Belgium, and Visiting Faculty in the Department of International Relations, Central European University, Austria.

Artificial Security and the Politics of Hype in the EU

...by any standard, a remarkable magnum opus ... No serious lawyer, accountant or corporate entrepreneur can do without this work. The 2014 Act and this volume, taken together, are the corner-stone and keystone respectively of the bridge to understanding the corporate law of this State. Michael McDowell, The Sunday Business Post The most comprehensive commentary on Irish company law and the recognised authority in this jurisdiction, Law of Companies is an unparalleled statement of the law applicable to the formation, administration and management of companies. This new edition: - reviews the amending legislation enacted since 2015; - completely reviews the law relating to one of the most fundamental principles of company law, lifting the veil, - expands and improves the chapters on the law on corporate criminal liability and the criminal liability of directors, - redevelops the chapter on directors' fiduciary and other duties by reference to both Irish and UK developments, - provides coverage of the significant changes to company general meetings introduced following Covid, - analyses the new rescue process for small and micro companies that was introduced in 2021, and &gt; Fully updated to take account of the hundreds of judgments from the Irish and UK courts delivered since the previous edition, as well as the new statutory provisions, the fifth edition of The Law of Companies is a 'must have' for all practitioners and students of Irish company law. This title is included in Bloomsbury Professional's Irish Company and Commercial Law online service.

The Law of Companies

Examines whether the rule of law can endure without its natural law and metaphysical foundations, arguing for a renewed, human-centered legal order grounded in objective moral principles and capable of addressing contemporary challenges such as AI, technocracy, and decolonization.
This provocative interdisciplinary volume addresses a mounting global crisis: the erosion of the rule of law in an increasingly secular and technological world. As societies move into what the authors call the "fourth era" of legal history, the rule of law is frequently reduced to a mere "toolkit" for elites or a "checklist" for bureaucratic efficiency, stripped of its deeper moral and transcendent roots. The book explores a vital question: can legal systems remain just when they are "truncated of transcendence" and disconnected from a higher moral order? By sifting through the legacies of legal giants like Lon Fuller and theologians like Karl Barth, the contributors argue that a purely procedural "inner morality" is insufficient to protect human dignity against authoritarian relapses or the cold logic of "technocratisation." 
Central to the book's unique vision is a multivalent, pluralistic re-envisioning of global norms. Drawing on the Christian philosophy of Herman Dooyeweerd, specifically his concept of "sphere sovereignty," the authors propose a framework where diverse religious and secular traditions can collaborate without sacrificing their distinct identities. This approach offers a powerful way to decolonize the rule of law, moving away from "one-size-fits-all" Western impositions toward a culturally sensitive synthesis of universal principles and local traditions. 
The text also tackles the controversial relationship between Natural Law and the 10 Commandments, debating whether positive laws should be grounded in "naturally knowable" truths or specific religious revelations in a pluralistic state. 
Looking toward the future, the authors issue a stark warning against the rise of Generative AI (GenAI) in legal adjudication. They argue that replacing human value judgments with machine-driven algorithms threatens to eliminate the discretion and relational interaction essential to true justice. To counter this, the book calls for educational reform and a shift toward "principled legal education" that prioritizes ethics, restorative justice, and a "facts first" approach. Ultimately, this work is a call to action for legal professionals, theologians, and the public to reclaim law as a framework for human flourishing-a "language of love" between the divine and the human that protects the vulnerable from the arbitrary exercise of power.

Reclaiming Justice Through Natural Law

The Rule of Law, Human Dignity and the Future of Democracy

Europeanization and Globalization

The regulation of sovereign debts raises many complex economic and legal questions. The primary objective of this volume is to focus on the possible legal solutions for the challenges facing the insolvent states. Finding a way out of the sovereign debt crisis requires not only economic considerations, but it implies also a better understanding of the rage of different social and ethical aspects associated with this problem.

Possible Legal Solutions

Sovereign Insolvency

Multilateral environmental agreements have over the last four decades emerged as the preferred avenue to address inter-state environmental issues such as climate change. This book analyses the possibilities as well as the limitations of environmental treaty making between states. The book considers the structures and processes that lead to the successful adoption of the Paris Agreement - and contrasting them with other attempts that failed in bringing states together under a legally-binding solution. Christina Voigt explores the whole "life-cycle" of multilateral environmental agreements. Also emphasised is the impact of emerging economies in shaping international environmental regimes.

Environmental Multilateralism and its Discontents

Ius Gentium: Comparative Perspectives on Law and Justice

The contemporary significance of the subject “Social Rights, Inequalities and Affirmative Action” is indisputable. In periods of social polarization, conflict and crisis, it is imperative that the obligation of our societies to protect and promote social rights is addressed and acknowledged. It is also necessary to recognize the way in which social rights are jeopardized by inequalities that impede the cultivation of robust social relationships and to document instances of the implementation of affirmative actions in this scenario. The aims of this work are as follows: firstly, to establish general topics (part I); secondly, to undertake more specific investigations within the primary topic (part II); and thirdly, to address the challenges posed by the technological transition currently taking place in society, which has significant consequences for social rights, (in)equality, and affirmative action (part III). The study is organized into three sections corresponding to these targets. For the purposes of this study, the analysis will commence, in the Part I of this book, at the genesis of the debates, as outlined in the chapter concerning the old and the new forms of racism. This contribution is followed by a chapter on the growing recognition of intersectional discrimination in European and global human rights frameworks and by another on structural discrimination and the function of the law against unjust enrichment. To further explore and expand upon the subjects addressed in the preceding chapters, the final chapter of Part I of this book delves into the topic of affirmative action in the United States. The second part of this work is dedicated primarily to specific forms of affirmative action, thereby deepening the discussion initiated in the first part of this book. The initial topic examines the way in which the pandemic has impacted specific social groups and led to the emergence of health disparities in the UK. The subsequent chapter is devoted to an examination of the alterations in the benefits of minimum income support in Brazil in recent years. The fourth chapter undertakes a detailed investigation of a specific affirmative action program for children and adolescents with the objective of reducing violence in urban areas. The final chapter conducts an analysis of ageing, public policies and inclusion in Brazil. The third and final section is dedicated to an examination of the challenges faced by our technological societies. The field of “Social Rights, Inequalities and Affirmative Action” is set to be impacted by the regulation of artificial intelligence, the increasing digitalization of activities, and the development of new tools designed to enhance the efficiency of the social state. The initial chapter of the concluding section deals with the regulation of artificial intelligence in Brazil and the impacts of neurotechnology. The second study examines conservative digitalization and structural inequalities in Latin American information societies, while the final study focuses on the emergence of the social digital state and the use of instruments that produce inequality and discrimination.

Social Rights, Inequalities and Affirmative Action

This book honours a remarkable legal thinker, David Feldman, whose influence on public law and on multiple generations of legal scholars and practitioners has been profound. It provides a unique set of insights into some of the most topical and enduring questions in public law (broadly conceived), through the reflections of a stellar line-up of contributors on key dimensions of David Feldman's rich body of work. Each chapter constitutes an original and important contribution to the field, taking David Feldman's seminal writings as a starting-point and developing contemporary, distinctive analytical perspectives. Like David Feldman's work itself, the book ranges across - and acknowledges and explores the porous relationships between - constitutional law, administrative law and human rights and civil liberties.

Essays in Honour of David Feldman

The Mosaic of Public Law

This collection explores the relationship between race, racism, and human rights law. It seeks to illuminate, in particular, how the European Court of Human Rights articulates the category of race, how human rights are experienced (differently) by racial minorities, and whether the European Convention on Human Rights has the tools to recognise and address racial harms. By centring race, it considers how Convention rights would look through the lens of race and ultimately interrogates if human rights law is part of the solution or part of the problem. In pursuing these inquiries, the collection brings together two fields of scholarship that have largely developed independently of each other, namely law and race, and European human rights law. Drawing upon rich expertise from theorists and human rights scholars, it is the first of its kind to systematically analyse race and racism in relation to a wide range of themes in European human rights law, including state violence, terrorism, privacy, protest, migration, hate speech, religion, domestic abuse, reproductive freedom, medicine, education, and climate change.

Race, Racism, and the European Convention on Human Rights

International Sanctions and Human Rights

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