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  <u>Commander aujourd'hui</u>
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: Schweizerische Zivilprozessordnung (Art. 1–352 ZPO sowie Art. 400–408 ZPO)</div>

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Remedies to Digital Vulnerability in
European Private Law

Remedies to Digital Vulnerability in European Private Law

Pathways towards Fairness

IMLI Studies in International Maritime Law


<p>
</p><p>The book discusses the law of laytime and demurrage from a comparative perspective, drawing on UK, US and Norwegian/Scandinavian law case law. </p><p></p>


A comparative perspective

Laytime and Demurrage

Jus Privatum


<p>
In the European multi-level system, national law and EU law are linked in such a way that EU law establishes requirements for national private law in terms of its substance and, in some cases, its form, but never in terms of its doctrinal principles. Viktoria Kraetzig develops a paradigm for processing EU law in the national legal orders: the "blindness" of the higher level towards doctrinal concepts of the lower level. She points out that the legal actors in the Member States shall not use their own conceptual frameworks to interpret EU law and impose doctrinal thinking of their own system on it.  Accordingly, the questions referred to the CJEU must be free of doctrinal assumptions inherent in the national systems as the court, as an actor of Union law, cannot be familiar with them. The CJEU delivers its judgments without knowledge of doctrinal concepts of the Member States legal orders' and without adjusting its answers to national doctrinal thinking.</p>


Dogmatikblindheit im Mehrebenensystem

Routledge Contemporary Issues in Criminal Justice and Procedure


<p>
</p><p>This book critiques the autonomy based theoretical foundations of the legal response to sexual offences. To do so it examines the legal treatment of incapacitated rape victims arguing that the autonomous foundations have created a hierarchal response that forces individuals to be responsible for avoiding harm. The book uses vulnerability theory in two innovative ways. It challenges the foundations of the autonomous liberal legal subject in sexual offences, and it suggests a new sexual offence based on a vulnerability lens. Through this understanding of vulnerability, it argues that an autonomy-based approach is at the core of the inadequate response to sexual assault complainants. It therefore encourages readers to rethink what we know about what it means to be human, how we view sexual offences, and how we treat incapacitated complainants. The book blends theory and policy to offer new and holistic ways to rethink our response to sexual offences and challenges the formulation of the subjective nature of consent and sexual assault. The book will be of interest to researchers, academics and policy-makers working in the areas of Criminal Justice, Criminology, Gender Studies and Social Policy.</p><p></p>


The Inadequacy of the Autonomy-based Approach

Vulnerability and Sexual Assault Law

The Rule of Law in Context

Power of Rulers, Power of Rules: Russia’s Legal Dualism in Action

The Rule of Law in Russia

Hart Studies in Security and Justice


<p>
</p><p><b>This book examines the constitutional treatment of national security in the UK, Canada, Australia and New Zealand. </b><br><br>These four states share their Commonwealth heritage and are members, alongside the USA, of the Five Eyes intelligence-sharing alliance. The book takes a comparative approach to the institutions through which, and tools with which, these four states seek to protect their national security against the threats of both terrorism and hostile state activity and how they have evolved over time. It identifies and examines the various specialised institutions, inside and outside of legislatures, which have grown up to oversee the exercise of public power for national security purposes while maintaining the required secrecy. It argues that the extent of the borrowing and sharing between these jurisdictions in the domain of national security, now and in the past, permits us to talk about a Commonwealth model of national security constitutionalism.</p><p></p>


National Security Constitutionalism in the Commonwealth Five Eyes States

Freiburger Rechtswissenschaftliche Abhandlungen


<p>
</p><p>
 The contributors analyse the dynamic interplay between democracy and law within a Japanese-German comparative framework. Emphasis is placed on the democratic legitimacy of legislation as a prerequisite for societal acceptance and on the role of enacted norms in shaping administrative and judicial practice. The volume examines the structure of the democratic principle, the interaction of public law and private law mechanisms, and their combined relevance for modern democratic systems.
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 Historical developments, legal-philosophical perspectives, and theoretical foundations are discussed, showing how Germany and Japan, despite distinct cultural and institutional traditions, have incorporated elements of the Anglo-American legal sphere. The symposium builds on earlier joint research initiatives and extends the analysis of legal governance in selected fields of law. Particular attention is given to the comparatively unexplored significance of procedural norm implementation for the functioning of democratic orders. Further chapters address economic, labour, and social regulatory frameworks, the tension between market freedom and social responsibility, and emerging security issues, including those in civil protection law. European and international dimensions of democratic guarantees complement the discussion. Against the backdrop of global political developments, the theme "Democracy and Law" proves its continued relevance for understanding and developing constitutional democracies.
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Ein japanisch-deutsches Symposium

Demokratie und Recht


<p>
</p><p><b>This book explores how AI systems trained on neurodata are redrawing the boundaries of dignity, autonomy, and legal personhood.</b><br><br>It reveals the emerging reality of NeuroAI: a world where machine-learning models anticipate our thoughts before we have even formed them. As neurotechnologies evolve, AI systems move beyond interpreting brain signals in labs and headsets to harvesting neurodata (whether extracted through direct interfaces, inferred from everyday behaviour, or reverse-engineered via predictive modelling) from users who never consented or even knew they were being monitored, transforming the subconscious into a commodified dataset.<br><br>Drawing on case studies from criminal trials, law enforcement, and consumer technologies, the book reveals how Big Tech and platform operators increasingly treat neurodata as a resource for monetisation. Across the EU and the USA, emerging AI and data-protection regimes, including the EU AI Act and GDPR, as well as the US Fourth Amendment and HIPAA frameworks, offer incomplete or inconsistent safeguards against NeuroAI trained on neurodata to model and predict thoughts, emotions, or intentions, leaving cognitive inference primarily in a legal grey zone.<br><br>Indispensable for legal scholars, technologists, and regulators, this critical roadmap illuminates the gaps in current law and identifies the safeguards needed to protect our most intimate inner lives. In a future where thoughts can be inferred, monetised, and weaponised without ever accessing the brain directly, this book shows us where the law must catch up before our minds, our rights, and our freedoms are turned into the next frontier of exploitation.</p><p></p>


Law at the Edge of Cognition

Artificial Intelligence, NeuroData, and Society

Studies of the Oxford Institute of European and Comparative

A Comparative Perspective

The Foundations of Tort Law in the Civilian Tradition


<p>
</p><p>Improved usage of forensic science evidence by legal practitioners is essential to reduce miscarriages of justice. This book presents critical insights into contemporary issues of forensic proof from a broad perspective. Using DNA and fingerprint evidence, the authors compare and contrast the science of forensics and how it is communicated to judges, juries, and counsel. With authors from Australia, the UK, and the U.S., the book also addresses how these different countries address science in the courtroom. This resource is ideal for all those who work in forensic capacities, including those scientists who increasingly are called to testify abroad.</p><p></p>


Best Practices for Law

Forensic Science Evidence


<p>
</p><p><b>The question explored in this book is how contracts can manage uncertainties. </b><br><br>Commercial parties face uncertainties on a regular basis. Market fluctuations, new laws and regulations, pandemics, rapid technology advancements, and geopolitical tensions are all examples of events whose nature cannot be easily foreseen or captured by the contractual parties' expectations. <br><br>One possible way of addressing the uncertainty generated by such risks and events is through reliance on established contractual doctrines, such as variation or frustration. Under English law, these doctrines are traditionally limited. Another, and typically preferable, method is for contract drafters to include clauses that modify, suspend, or terminate the obligations or liabilities of one (or both) of the parties, or clauses that at least open up the options for renegotiation. Examples include material adverse change (or effect) clauses, hardship clauses, performance clauses, termination or suspension clauses, remedies clauses, and variation clauses.<br><br>Such clauses raise a range of issues concerning their interpretation, effect and enforceability; the consequences that follow when the clauses do not work as planned; the consequences of allocating contractual discretion to a party to determine the existence of the relevant risk or event; and the extent to which the existence of specific clauses changes the options available to the parties beyond what general contract law principles offer.<br><br>The book advances the understanding of how the law deals with the unexpected and is an essential read for academics, students, and practitioners, including contract drafters, legal advisors, and litigation lawyers.</p><p></p>


Contract Law and the Unexpected

Sustainable Development Goals Series


<p>
</p><div><div><div><div><div><div><div><div><div><div><div><div><div><div><div><div><div><div><div><div><div><div><div><div>This is a book about the human experience of conducting global health research linked to operational responses to the control and prevention of diseases worldwide. Rather than a manual or "how to" guide, we propose a roadmap and vision of equitable, sustainable, and impactful partnerships shared through a rich interweaving of voices -- North and South, academics and community practitioners, senior mentors and trainees, multiple generations, and multiple disciplines. We focus on the stories that need to be told, the successes and the failures, and visions for a healthier and more compassionate future for humanity.</div>
This book was written by more than 90 authors from 26 countries, bringing diverse perspectives on global health partnerships' past, present, and future. Although many of the chapters use examples related to infectious diseases, the ideas in this book are relevant to the broader field of global health research and practice.

This book is organized into three sections, broadly related to foundational concepts, present experiences (case studies), and future visions.The first section focuses on the historical colonial legacy of global health and the foundations needed for equitable partnerships, introducing key themes explored throughout the book. These include concepts related to decolonization, ethics, gender, systems approaches and transdisciplinary science, Planetary Health, One Health, team science, and communication. The book's second section draws on case studies of global health partnerships to understand where we are today in global health. Authors share their experiences responding to global health threats, including disease outbreaks, refugee health, stigma, and sexually transmitted diseases, and post-disaster community recovery. The book's third section articulates a new vision for global health partnerships to co-create a more peaceful, equitable, and loving world. This vision is urgently needed to address the challenges emerging in the context of global climate change, the COVID-19 pandemic, and other human threats. <div><div><div><div><div>This is an open access book.</div><p></p>
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Critical Reflections and Visions of Equity at the Research-Practice Interface

Transforming Global Health Partnerships

Modern Studies in European Law


<p>
</p><p><b>The European Union undoubtedly has and continues to face a period of crisis and this book assesses this critical juncture in its history.</b><br><br>It adopts a unique multidisciplinary approach drawing on philosophy, social theory, and law, and focusing on the European institutional framework and EU law on free movement and citizenship. This perspective leads to the conclusion that central to the EU's problems is the non-emergence of a European people. This multifaceted approach also allows the author to suggest how the EU might move positively beyond its current challenges. <br><br>This book provides a genuinely fresh and innovative comment on a much-examined question.</p><p></p>


Between Immunity and Recognition

The Search for a European People

Remedies to Digital Vulnerability in European Private Law

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