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Remedies to Digital Vulnerability in
European Private Law

Remedies to Digital Vulnerability in European Private Law

Pathways towards Fairness

Paradigms, Exceptions and Hybrids

Enforcement Rights in Public and Private Law

Routledge Contemporary Issues in Criminal Justice and Procedure

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.

The Inadequacy of the Autonomy-based Approach

Vulnerability and Sexual Assault Law

Modern Studies in European Law

The European Union undoubtedly has and continues to face a period of crisis and this book assesses this critical juncture in its history. 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. This book provides a genuinely fresh and innovative comment on a much-examined question.

Between Immunity and Recognition

The Search for a European People

This open access book assesses whether European data regulation can be amended in light of contemporary technological developments. In an era when data powers our daily lives, economies and societies, data regulation is essential. However, European data regulation is still premised on concepts and foundations that were developed more than 50 years ago. The book offers an in-depth exploration of the European data regulatory landscape, from its historical roots to the challenges posed by new technological advancements. Through a detailed legal and technical analysis, it explores key data categories - such as anonymised, pseudonymised, aggregated, sensitive data, and metadata - highlighting their fluid and changing nature and the growing possibilities for transitioning between them. By identifying regulatory tensions and challenges arising from various technologies, such as AI, Big Data, and quantum computing, the book offers policymakers, legal scholars, computer scientists and data protection experts different perspectives on how to reshape future privacy and data protection legislation in a rapidly advancing technological world. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

The Past, Present, and Future of European Data Regulation

The question explored in this book is how contracts can manage uncertainties. 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. 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. 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. 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.

Contract Law and the Unexpected

This book offers the first ever in-depth analysis of the emerging constitutionalism in South Sudan and the challenges it faces. The book critically analyses the constitution-making processes that occurred in South Sudan between 2005 and 2011, finding, among other things, that there was a failure of constitutional discourse, particularly in relation to the 2011 drafting process of the Transitional Constitution. It goes on to analyse how the constitution is being implemented. It finds that, despite the clear division of powers and functions between the national government and the sub-national governments, what has emerged in South Sudan in the post-constitution-making period is a form of coercive centralism where the national government controls much of the political decision-making process. This has had serious implications for democracy, constitutionalism, and the rule of law. Finally, bearing in mind the failure in both how the transitional constitution was made and how it is being implemented, the book undertakes a critical analysis of the proposed process for drafting a new constitution for South Sudan. It identifies serious shortcomings and proposes how these could be addressed to enhance the process.

Challenges and Opportunities

Emerging Constitutionalism in South Sudan

Elevating Organizational Performance

Project Management Maturity

Anthem Environment and Sustainability Initiative

This book considers the value of constitutional environmental rights in protecting water resources through an examination of the legal strategies utilized by communities engaged in protracted mining conflicts, including oil sands development in the Canadian boreal forest and gold mining in ecologically sensitive, glacier-rich areas of Argentina.

Water, Oil and Gold

The Power of Constitutional Rights in Resource Conflicts

Routledge Research in EU Law

This book addresses legal issues raised by the institutionalisation of European University Alliances and suggests ways to facilitate sustainable academic cooperation towards a truly 'European University'. Since 2017, the EU's European University Alliances (EUAs) initiative has sought to forge cross-border connections between higher education institutions and enhance academic cooperation across Europe. In 2023, the EU launched ten pilot projects to explore legal structuring and facilitate European degrees, applying an innovative governance model to address these needs. This book brings together insights from researchers across Europe, analysing complex legal questions, from defining an appropriate legal status for EUAs to delineating membership, governance, and operational models that align with both EU and national laws. It demonstrates how, as these alliances navigate the challenges of cross-border resource, staff, and data sharing, they face the dual imperative of complying with EU regulations on data protection and competition while also integrating into diverse national legal systems.This book will be of interest to researchers in the field of EU law, legal education and governance.

European University Alliances and the Law

Hart Studies in Commercial and Financial Law

This book provides guidance to the laws of whistleblowing in the EU banking and financial sector. Covering all the relevant EU legislation, including the Directive on the protection of whistleblowers, the book provides insights from 3 EU member states - France, Luxembourg, and Ireland - alongside the relevant international, Council of Europe, and US laws. Following the adoption of the Directive on whistleblowing, the book offers the necessary understanding of the legal landscape, relevant case-law analysis, and examples stemming from EU and US jurisdictions. The book offers a reasoned and comparative review of the genesis and legal rules of whistleblowing in the EU banking and financial sector; it will enable readers to understand how whistleblowing started in this sector, the specific rules under EU law, and how these are transposed to selected member states. Readers will thus be able to navigate whistleblowing legislation and be informed about their rights and duties. Providing clarity and expert analysis in a complex area, the book is a must read for researchers, government officials, and practitioners.

Theory and Practice

Whistleblowing in the EU Banking and Financial Sector

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.

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.

Deciphering the Law, Economics and Politics

India’s Foreign Economic Policy

This book studies how international law is evolving to meet the challenges of the digital age. This book tries to answer this question by presenting a detailed analysis of how international law is responding or failing to respond to the digital economy.

The author investigates how leading countries with advanced digital economic systems, including the regulation of cryptocurrencies or digital trade and E-commerce in the European Union, China, and USA, have approached these issues. Taking the WTO and the UN as examples, the book examines the efforts made by these international institutions to retrofit traditional legal structures for a world increasingly defined by the internet. Can global trade rules designed for physical goods be applied to digital products and services? How can global institutions facilitate cooperation between countries with drastically different levels of technological development? These questions shape the discussion.

The approach used in this book does not only focus on the laws but also the growing technological world. The digital world is more dynamic than it is possible to regulate it through laws that may take a lot of time to be adopted and enforced. Some laws were drafted many years ago and may now be incomplete and full of loopholes and ambiguities. By mixing legal research with real-world examples, this book aims to provide practical insights into how international law can progress to address these issues at the front. This book provides the reader with a valuable understanding of the digital economy and its relationship with international law by integrating comparative legal analysis with insights regarding contemporary global economic conditions. The author has looked at laws and regulations, examined case studies, and critically assessed how international law might (or might not) be the solution to the challenges of globalization in the digital age.

This book studies how international law is evolving to meet the challenges of the digital age. This book tries to answer this question by presenting a detailed analysis of how international law is responding or failing to respond to the digital economy.The author investigates how leading countries with advanced digital economic systems, including the regulation of cryptocurrencies or digital trade and E-commerce in the European Union, China, and USA, have approached these issues. Taking the WTO and the UN as examples, the book examines the efforts made by these international institutions to retrofit traditional legal structures for a world increasingly defined by the internet. Can global trade rules designed for physical goods be applied to digital products and services? How can global institutions facilitate cooperation between countries with drastically different levels of technological development? These questions shape the discussion.The approach used in this book does not only focus on the laws but also the growing technological world. The digital world is more dynamic than it is possible to regulate it through laws that may take a lot of time to be adopted and enforced. Some laws were drafted many years ago and may now be incomplete and full of loopholes and ambiguities. By mixing legal research with real-world examples, this book aims to provide practical insights into how international law can progress to address these issues at the front. This book provides the reader with a valuable understanding of the digital economy and its relationship with international law by integrating comparative legal analysis with insights regarding contemporary global economic conditions. The author has looked at laws and regulations, examined case studies, and critically assessed how international law might (or might not) be the solution to the challenges of globalization in the digital age.

Exploring the New Horizons of International Law Concerning Globalization of Economy

Remedies to Digital Vulnerability in European Private Law

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