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Catalogue complet

The Future of Justice

AI, Big Data, the Environment and the Courts

Foreword, Jill Black (Formerly Supreme Court, United Kingdom) Preface, Karen O' Brien (Durham University, United Kingdom) Introduction, Sundaresh Menon (Supreme Court, Singapore) Part I: Artificial Intelligence 1. Introduction to Artificial Intelligence, Anselmo Reyes (Singapore International Commercial Court) and Adrian Mak (Kabushiki Kaisha Anselmo Reyes, Japan) 2. Artificial Intelligence in the Administration of Justice, Dirk Hartung (Singapore Management University, Singapore) 3. Evidence Generated by Machine Learning: Opportunities and Problems, Jacob Turner (Fountain Court Chambers, UK) 4. The Chinese Practice of Empowering the Judiciary by Using Artificial Intelligence, Du Weike and Gao Xiaoli (both at the Supreme People's Court, China) 5. The Role of Artificial Intelligence in the Adjudication of Disputes, Hri Kumar Nair (Supreme Court, Singapore) 6. Ethical Implications of the Use of Artificial Intelligence in Justice Systems, D Y Chandrachud (Formerly Supreme Court, India) 7. Generative Artificial Intelligence and the Legal Endeavour, Sundaresh Menon (Supreme Court, Singapore) Part II: Data Protection and Privacy 8. Introduction to Data Protection and Privacy, Matthew S R Palmer (Court of Appeal, New Zealand) 9. Data Protection and Privacy in the Big Data and Artificial Intelligence Era, Godfrey Lam (Court of Appeal, Hong Kong) 10. Processing Data in the Development and Deployment of Artificial Intelligence Systems, Yeong Zee Kin (Singapore Academy of Law) Part III: Truth Decay 11. Introduction to Truth Decay, David Neuberger (Singapore International Commercial Court) and Philip Jeyaretnam (Singapore International Commercial Court) 12. Ascertaining Facts in an Uncertain World: The Role of the Courts, David Goddard (Formerly Court of Appeal, New Zealand) 13. Truth Decay and its Implications for the Judiciary: An Australian Perspective, Andrew Bell (Supreme Court of New South Wales, Australia) Part IV: Climate Change 14. Introduction to Climate Change, Andrew Bell (Supreme Court of New South Wales, Australia), Nallini Pathmanathan (Federal Court, Malaysia) and Goh Yihan (Attorney-General's Chambers, Singapore) 15. Climate Change and Legal Responsibility, James Allsop (Singapore International Commercial Court) 16. A Sentinel's Toil in Climate Action: Significance of the Judicial Role (with emphasis on the role of the Indian Supreme Court), Arjan Sikri (Singapore International Commercial Court) Conclusion: Courts in an Interconnected Justice Ecosystem, Sundaresh Menon (Supreme Court, Singapore), Anselmo Reyes (Singapore International Commercial Court) and Nallini Pathmanathan (Federal Court, Malaysia)

Global Law and Sustainable Development

Given the significant developments in Indian economic and trade policymaking over the last two decades, this book provides an authoritative and timely analysis of the transformation and current state of India's foreign economic policy. The work presents a comprehensive, informed and critical overview of negotiating issues addressed in the recent period leading up to the substantial conclusion of the Trade Facilitation Agreement. The volume also takes into account the geopolitical considerations that influenced the negotiations. Finally, the reform steps being taken by India need to be understood in light of the structural changes in the economy, fuelling domestic compulsion, and the analysis covers this undercurrent in detail. The book will be a valuable guide to academics, researchers and policy-makers working in the areas of international trade law, development economics and global politics.

Deciphering the Law, Economics and Politics

India’s Foreign Economic Policy

This open access book critically analyses a wide range of consumer law issues generated or exacerbated by the Internet of Things. The Internet of Things challenges many of the dichotomies which have shaped current laws: goods-services, hardware-software, tangible-intangible, online-offline. The book focuses on 4 specific challenges: things-as-service, liability, bricking of physical devices through software control, and the potential for enhanced personalisation, especially for digital assistants. The chapters analyse specific applications such as smart homes, connected cars, and consumer wearables with a view to providing innovative solutions to the new challenges posed by the Internet of Things, and to steer the development of the Internet of Things in a fairer direction. As well as offering an important analysis of the potential for smart consumer laws in the Internet of Things, the book also provides important insights into the growing divergence between Germany's and the UK's consumer laws since Brexit. The ebook editions of this book are available open access under a CC BY 4.0 licence on bloomsburycollections.com. Open access was funded by UKRI (Arts and Humanities Research Council) and the German Research Foundation (DFG).

Lessons from Germany and the United Kingdom

From Smart Technologies to Smart Consumer 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

Constitutionalism in Asia

This book presents an in-depth interrogation of the theory and application of the Basic Structure Doctrine in the Federation of Malaysia. The Basic Structure Doctrine, famously introduced in the 1973 Indian Supreme decision of Kesavananda Bharati v State of Kerala AIR - which held that certain core or fundamental features in the Constitution of India could not be amended by Parliament even if it met all procedural requirements - was initially rejected when it was first argued in Malaysia in the 1975 case of Loh Kooi Choon v Government of Malaysia and lay dormant for the next three decades. Judicial winds shifted in 2010 when Malaysia's apex court, the Federal Court, cited Kesavananda with approval in the case of Sivarasa Rasiah v Badan Peguam Malaysia &amp; Anor, and observed that it was 'clear from the way in which the Federal Constitution is constructed that there are certain features that constitute its basic fabric' and that 'any statute (including one amending the Constitution) that offends the basic structure may be struck down as unconstitutional.' In a quick succession of cases, the Federal Court cemented this doctrine in Malaysia's jurisprudence and deployed it to defend the court's judicial power. These widely-publicised cases generated much debate beyond the legal fraternity and judiciary and often polarised different sectors of Malaysian society. This collection of essays responds to this extremely important debate on the limits of constitutional amendments as a form of constitution-making in Malaysia by considering the theory behind the Basic Structure Doctrine and critically examining how it has been harnessed by the Federal Court and by other political actors - most notably Islamists and secularists; and royalists and republicans - on the ground.

Themes and Perspectives

The Basic Structure Doctrine in Malaysia

This book assesses the role of court experts, court clerks and court staff, and other actors on the 'judicial periphery' who play an important role and often co-determine the pace, outcome, and tone of the judicial process. In national civil justice systems, the limelight is all too often cast on the main actors: judges, lawyers, and parties but the court's support staff can sometimes be overlooked. This book explores their role. The knowledge and skills of experts may be indispensable at times, but it is among the most expensive, complicated and time-consuming means of evidence. The judges adjudicate, but where experts are involved in the process, they have a decisive impact on the outcome of litigation. Therefore, a principal focus of the book is on experts and how they are appointed, managed, and remunerated across Europe and the world. Other ancillary professions may also be decisive for effective provision of court services. Different jurisdictions have different rules and habits, but inevitably recognise the need of adequate support for judges. Sometimes judges command the whole team of clerks and lawyers; sometimes they share a secretary or a clerk. But in all cases, those who assist judges in their daily work have a significant impact on the effectiveness and quality of the judicial process and its outcome. The book considers the contribution of different actors including clerks, secretaries, advisors, counsels and reporters. It focuses on cooperation and the interplay between judges and other professional actors in litigation.

Court Experts, Court Clerks, and Other Actors in the Shadows

The Heroes of the Judicial Periphery

Should we give up privacy to fight disease, for national security, or to help train AI systems? Recent crises, from the Covid-19 pandemic to the Russian invasion of Ukraine, from Gaza and Afghanistan to the seemingly unstoppable rise of AI, have put privacy under severe pressure. Privacy in Crisis argues the opposite: these crises show that privacy needs to be protected even more. Privacy in Crisis looks at vital current issues: at political manipulation and misinformation, government surveillance, racial tension, hybrid and cyberwarfare (and real wars, such as those in Ukraine and Gaza), the overwhelming power of the internet giants, and surveillance society, and how interference with privacy is key in all of them. It shows how specific crises bring many of these issues together in perfect storms of privacy invasion. The different threats to our privacy revealed by these crises tell parallel stories and are inextricably linked. There are common themes and common technologies - the threats involve the same data, the same profiling systems and the same approaches. In many cases the systems are run or owned by the same small set of companies, controlled by the same few people. Addressing them is difficult but possible - this essential book outlines how.

Law and Policy in Times of Extremism, Pandemics, and War

Privacy in Crisis

Studies of the Oxford Institute of European and Comparative Law

The leading Spanish language treatise on the law on torts has now been translated into English, making it accessible to jurists, scholars and practitioners throughout the world. It addresses the central analytical questions in modern tort theory by reference to first principles, explaining how doctrinal tension has resulted from the law's evolution. The book also offers a theoretical framework for understanding and analysing the doctrines behind the main tort rules found in different jurisdictions, including their interrelationship and historical development. Steeped in Chilean legal doctrine and case law on torts, it also considers authorities from Britain, Germany, the USA, France and Spain. This is a magisterial and important work.

A Comparative Perspective

The Foundations of Tort Law in the Civilian Tradition

Harnessing Open Source Evidence in Kenya

Accountability for Human Rights Violations

This book is the first investigation of the relationship between EU digital sovereignty and sustainability strategies. It maps the ambitions and limitations of EU digital strategic autonomy and explores the structural challenges underlying its relationship with its green transition objectives in the context of the ongoing wars in neighbouring European countries and the consequent tensions in the EU energy sector. The EU is racing to achieve technological independence from third countries and foreign multinational companies to protect its digital sovereignty and preserve its fundamental rights. In the EU, digitalisation and the green transformation are seen as twin transitions. Yet, EU digital sovereignty strategies have a significant environmental cost. Reaching a status of strategic autonomy of the EU at the level of digital infrastructures, products, services and data implies higher energy consumption and exploitation of natural resources. Moreover, the geopolitical tensions following the Russian invasion of Ukraine have provoked an unprecedented energy crisis, which is affecting EU economies and impacting objectives of the twin transitions. The book offers an interdisciplinary analysis of the major EU regulatory and policy instruments in this field, providing an invaluable guide for academics, practitioners, and policymakers navigating the complex issues of preserving digital sovereignty and addressing climate change in times of war and energy crisis.

EU Challenges in Times of War and Energy Crisis

Digital Sovereignty and the Green Transition

Principles and Strategies for Effective Advocacy in Trial Courts

Persuading Judges

This book assesses whether EU consumer law effectively protects consumers in cloud computing contracts. From music subscriptions and streaming services to online gaming and social networks, cloud-based services are an integral part of our daily lives. Understanding the legal landscape of cloud computing is therefore crucial. The convenience of cloud computing raises significant legal questions about consumer rights. What if all emails are lost? Can someone unauthorised access online photos? Is it possible to cancel a video streaming subscription or transfer music elsewhere? The book scrutinises the adequacy of EU consumer contract law in addressing these issues, evaluating its coherence and effectiveness in safeguarding consumers' interests and fostering trust in cloud services. It looks at the entire lifecycle of a cloud computing contract, highlighting critical consumer problems, such as unclear information, service availability, data integrity, and unbalanced contract terms. Written for legal scholars, practitioners, policymakers and market participants, the book offers a comprehensive analysis of EU law provisions on cloud computing contracts. As cloud technology continues to evolve and integrate into mainstream IT solutions, ensuring a robust and consistent legal framework is paramount for consumer protection and the advancement of the EU digital market.

Consumers in the Cloud

EU Consumer Protection in Cloud Computing Contracts

Landmark Cases

From Van Gend en Loos and Costa v ENEL to Cassis de Dijon and Consten and Grundig, Landmark Cases in EU Law explores the most important and well-known EU law cases in two volumes. These volumes show how the European Court of Justice has played a fundamental role in the construction of the European Union in the past 70 years. Many EU 'landmark' cases have been controversial, yet no-one can deny that they have been essential in defining the Union legal order as we find it today. Volume 2 explores the 'substantive' cases that have shaped the Union's internal market, its competition law as well as its internal and external policies. Each of the twenty cases within this volume is placed in its historical and doctrinal context, and each chapter also presents the history of its reception by the Court and academia.

Substantive Cases

Landmark Cases in EU Law, Volume 2

The Future of Justice

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