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Ocean Yearbook 40

Brill

Hospitality, Sovereignty and the Law of Migration

Welcoming the Stranger

Science fiction has long been fascinated with the potential for sentient, human-like artificial persons. Even before reality meets fantasy, individuals, governments and businesses already entrust AI to make automated decisions with potential for real-life impact. What are the implications for AI legal personhood? This work examines how different legal entities differ in rights and duties and considers historical examples that show how legal personhood status can change over time under economic, social and pragmatic pressures. By abandoning the traditional binary, characteristics-based concept of the legal person for a historical lens, we are left with a more nuanced concept of the legal person against which sentience matters far less than what we might otherwise assume.

Persona Ex Machina: Artificial Intelligence on a Spectrum of Legal Personhood

This book offers a pioneering and deeply insightful examination of one of the most challenging dilemmas in contemporary counterterrorism and international law: how to legally and morally assess the responsibility of female suicide bombers affiliated with terrorist groups such as Boko Haram. It exposes a critical legal blind spot where female bombers are caught in a 'grey zone' - neither fully prosecuted nor released - due to conflicting norms around gender, victimhood and terrorism. Drawing on extensive research including interviews, case studies of failed suicide bombers, and legal analysis of terrorism cases, it develops a novel culpability framework that moves beyond simplistic notions of guilt or innocence. By exploring the complex spectrum of moral and legal responsibility, this framework offers a much-needed tool for policymakers, judges, practitioners, academics and students dealing with terrorism, war crimes and transitional justice. It challenges prevailing gender stereotypes that often either criminalise women excessively or excuse them arbitrarily and instead provides a nuanced approach that recognises female bombers as individuals whose actions range from coerced victimhood to accountable perpetrators. More than a legal study, this book humanises the lived realities of women involved in violent extremism and highlights the urgent need for legal systems worldwide to adapt. It is essential reading for scholars, legal professionals, policymakers, and anyone interested in terrorism, gender, human rights and international justice.

Gendered Dimensions of Responsibility

Culpability in Terrorism Law

Modern Studies in European Law

This book examines the structural tensions at the heart of European economic governance and their impact on European democracy. It argues that lasting legitimacy and stability require a fundamental rethinking of how collective resources are raised and managed at supranational level and how Member States are accounted for fiscal discipline. The separation of monetary authority and economic decision-making, entrenched since the Maastricht Treaty, has generated a system marked by competence asymmetry, mutual economic and financial dependence of both the EU and Member States, constrained national policy space, and indirect democratic control. Drawing on law, economics, and political science, the book develops a comparative institutional analysis of how political, market, and judicial processes have shaped responses to financial crises, sovereign distress, pandemic and geopolitical-era interventions. It shows how the growing reliance on top-down rules, provision of financial assistance, and judicial restraint has altered relationships between institutions, governments, and individuals, with significant consequences for legitimacy and accountability. Rather than defending incremental adjustment, the book advances a normative and institutional alternative. It proposes a framework in which collective decision-making is supported by transparent financial contribution by individuals, and where responsibility for economic choices is matched by meaningful consequences at different levels of governance. Central to this vision is a rebalancing between shared fiscal capacity and decentralised responsibility, primarily by market-based mechanisms to address sovereign distress. By linking goal selection to institutional choice, the book offers a coherent roadmap for reform that prioritises ongoing involvement of EU citizens, more effective Member State fiscal accountability, and mutual independence. It will be of particular interest to scholars of public law, economic governance, and constitutional change, as well as policymakers seeking sustainable models for managing complex, multi-level political systems.

Reforming the Law of EU Finances

Towards a European Budgetary Union

Why do de facto entities continue to generate human rights protection gaps despite decades of international engagement? Focusing on Abkhazia, South Ossetia, Transnistria, eastern Ukraine, former Nagorno-Karabakh, and Northern Cyprus, this book examines the legal and institutional challenges that leave millions of people with limited access to justice and effective remedies. It explores how international and regional courts, quasi-judicial mechanisms, and international organizations address these challenges in practice. Bridging legal theory and field realities, the book moves beyond diagnosis, challenges common assumptions about recognition and engagement, and offers concrete, innovative solutions for strengthening human rights protection, accountability, and access to justice in de facto entities.

Legal Issues and Practical Solutions

Human Rights Protection in de Facto Entities

Studien zum Regulierungsrecht

This study develops, from the perspective of European law, a concept for the systemic regulation of disinformation on online platforms aimed at safeguarding the integrity of the public opinion-formation process in the European Union. Against the backdrop of disinformation events between 2016 and 2025 and the changing conditions of platform-based communication, it examines - on the basis of the fundamental rights of the European Union, in particular the scope of protection of freedom of expression under Article 11(1) of the Charter of Fundamental Rights - how proportionate disinformation regulation can be designed within the framework of Articles 34 and 35 of the Digital Services Act and implemented, for instance, through a code of conduct pursuant to Article 45.
 

 The study combines a doctrinal legal analysis of freedom of expression with legal-philosophical and legal-sociological perspectives, drawing on emergence theory to explain how individual disinformative expressions transition from the discursive micro-level to the macro-level of public discourse. On this basis, it develops the concept of disinformation dynamics as an operational point of reference for systemic risks within the meaning of the Digital Services Act.
 

 The result is a proposal for a procedural regulatory architecture that, instead of relying on substantive assessments of truth, is based on a rebuttable presumption of disinformation and, where such suspicion is triggered, enables rights-compliant regulatory measures through a discursive reversal of the burden of proof. An interdisciplinary analysis of AI-based algorithmic detection methods - including knowledge-based, style-based, and dissemination-based approaches - demonstrates the technical feasibility of the concept and identifies the requirements for accuracy, fairness, and explainability in automated disinformation detection.
 

 The study thus contributes to the doctrinal development of European platform regulation and outlines ways to safeguard public opinion formation as a foundation of democracy in the digital sphere.

Rechtliche und technische Möglichkeiten zur Desinformationsbekämpfung auf Online-Plattformen am Maßstab des Art. 11 Abs. 1 GRCh

Systemische Desinformationsregulierung

This classic textbook provides a thorough overview of European private international law. It is essential reading for students and practitioners of private international law and transnational litigation, wherever they may be located: the European rules extend beyond European shores. Opening with foundational questions, the book clearly explains the subject's central tenets: the Brussels I, Rome I and Rome II Regulations (jurisdiction, applicable law for contracts and tort). Additional chapters explore private international law and insolvency, freedom of establishment, and the impact of private international law on corporate social responsibility. The relevant Hague instruments, and the impact of Brexit, are fully integrated in the various chapters. Drawing on the author's rich experience, the new edition retains the book's hallmarks of insight and clarity of expression, ensuring it maintains its position as the leading textbook in the field.

Commercial Litigation in the EU

European Private International Law

Hart Studies in Commercial and Financial Law

This book provides a detailed analysis of two UNCITRAL texts: the Model Law on Electronic Transferable Records (MLETR) and the Model Law on the Use and Cross-border Recognition of Identity Management and Trust Services (MLIT). The MLETR is the legal tool that enables the use of trade documents such as bills of lading and promissory notes in electronic form. The book discusses core MLETR provisions such as those on scope of application, functional equivalence, and reliability standards. It illustrates national variations in enactment techniques and substantive content, including in France, Singapore, and the United Kingdom. The MLIT provides the legal framework to manage identity management and trust services, including electronic signatures. The book explains the different approaches to giving legal recognition and effect to identity management and trust services, both domestically and across borders. It discusses the legal framework to accommodate functions and needs of identity management, describes trust services against the background of pre-existing UNCITRAL texts, and takes into account the revised EU eIDAS Regulation. Providing an article-by-article commentary as well as an overview of implementation trends, the book is a fundamental resource for commercial, maritime and banking lawyers, digital economy policymakers, legislative drafters, supply chain management and paperless trade specialists, and for anyone interested in understanding the legal aspects of the transition from documents to data in trade.

Electronic Transferable Records, Digital Identity and Trust Services

Uncitral Model Laws on Digital Trade

European Yearbook on Human Rights 2026

The EU and Nato's Mutual Defence Clauses in an Era of Strategic Uncertainty

Europe's Collective Defence Architecture

Studies in Private International Law - Asia

This book is the only reference in English on private international law in Uzbekistan. Dispelling a common misconception that the law of ex-USSR countries is largely the same, the book provides an authoritative account of private international law in Uzbekistan, as well as the role the country plays in the harmonisation of private international law in the region and beyond. The chapters provide authoritative guidance on conflict-of-law rules, issues of jurisdiction in contractual and non-contractual matters, as well as the practice and procedure of enforcement of foreign judgements and arbitral awards in Uzbekistan. The book is the first that systematically explores private international law in Uzbekistan and is an essential tool in understanding the peculiarities of the country and their impact on legal practice.

Private International Law in Uzbekistan

Elements of International Law

Reservations constitute the principal mechanism by which states may modify or limit the legal effect of treaty obligations following the adoption of a treaty text. Yet they remain among the most complex and contested features of the law of treaties, even for experienced international lawyers. Set against the broader framework of the Vienna Convention on the Law of Treaties (1969), Reservations to Treaties offers a clear, systematic, and practically oriented account of how to identify, interpret, and apply the rules governing reservations.

Drawing on an extensive body of state practice, encompassing more than 150 states and over eighty treaties, the book grounds its analysis in diverse geographical and historical contexts. Through detailed examples and careful engagement with practice, it illustrates how reservations operate across a wide range of subject areas within international law. The chapters provide a structured and accessible guide to navigating this often perplexing area, supported by comprehensive referencing and analysis.

Combining rigorous scholarship with detailed examples, the book is designed to support both specialists and non-specialists in navigating treaty practice, while contributing to a deeper understanding of how reservations shape treaty relations and the development of the international rule of law.

Reservations to Treaties

Ocean Yearbook 40

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