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The Legal Consistency of Technology
Regulation in Europe

The Legal Consistency of Technology Regulation in Europe

Part One: Setting the Stage 1. Introduction, Inge Graef (Tilburg University, the Netherlands) and Bart van der Sloot (Tilburg University, the Netherlands) Part Two: Legal Consistency Between the EU and CoE Frameworks 2. Data-Driven Inequality and Discrimination: Challenges and Opportunities for Regulating AI-Systems in the CoE and EU, Laurens Naudts (University of Amsterdam, the Netherlands) and Ana Maria Corrêa (KU Leuven, Belgium) 3. Faced with the Non-Harmonisation of Data Protection Law, the Two European Courts Carve out a Shared Path, Bart van der Sloot (Tilburg University, the Netherlands) Part Three: Legal Consistency Between the Various EU Frameworks 4. Regulatory Siblings: The Unfair Commercial Practices Directive Roots of the AI Act, Catalina Goanta (Utrecht University, the Netherlands) 5. Open Public Data Policies and Data Protection Law: Foes or Allies? Maria Lillà Montagnani (Bocconi University, Italy) and Laura Zoboli (University of Brescia, Italy) 6. Regulation of Machine-generated Data between Control and Access, Andreas Wiebe (University of Göttingen, Germany) Part Four: Legal Consistency Between EU and Member State Law 7. The Implementation of the GDPR in Member States' Law and Issues of Coherence and Consistency, Mark D Cole (University of Luxembourg) and Christina Etteldorf (Institute of European Media Law, Germany) 8. Regulating Digital Platforms: Streamlining the Interaction between the Digital Markets Act and National Competition Regimes, Inge Graef (Tilburg University, the Netherlands) 9. With a Little Help from My Friends: Harmony and Dissonance in Europe's Many Patent Laws, Léon Dijkman (Erasmus University Rotterdam, the Netherlands) Part Five: Lessons Learned and Future Perspectives 10. Conclusion, Inge Graef (Tilburg University, the Netherlands) and Bart van der Sloot (Tilburg University, the Netherlands)

This is a treatise and commentary on French arbitration law including the updates brought in by the 2011 Decree. It follows the logical structure of the new decree itself, providing detailed analysis of both domestic and international arbitration law conducted under French arbitral procedure.

This is a treatise and commentary on French arbitration law including the updates brought in by the 2011 Decree. It follows the logical structure of the new decree itself, providing detailed analysis of both domestic and international arbitration law conducted under French arbitral procedure.

Law and Practice

Arbitration in France

Melland Schill Perspectives on International Law

International Organisations, Non-State Actors, and the Formation of Customary International Law

This book fills a gap in the existing literature by providing a thorough assessment of EU regulations as a source of secondary legislation and their application in all twenty-seven Member States. It also explores that application in neighbouring countries. EU regulations are perceived as the strongest and the most effective sources of EU secondary legislation and it is well-established by the Court of Justice of the European Union that their provisions have vertical and horizontal direct effect. Part 1 of this book examines these points, providing a backdrop to the analysis in the remaining chapters. Parts 2 and 3 focus on the national reception of EU regulations in Member States, and in selected neighbouring jurisdictions. Written by leading practitioners and academics, the book offers both a conceptual underpinning to this element of the European Union's law-making, as well as its practical application.

This book fills a gap in the existing literature by providing a thorough assessment of EU regulations as a source of secondary legislation and their application in all twenty-seven Member States. It also explores that application in neighbouring countries. 

EU regulations are perceived as the strongest and the most effective sources of EU secondary legislation and it is well-established by the Court of Justice of the European Union that their provisions have vertical and horizontal direct effect. Part 1 of this book examines these points, providing a backdrop to the analysis in the remaining chapters. Parts 2 and 3 focus on the national reception of EU regulations in Member States, and in selected neighbouring jurisdictions. 

Written by leading practitioners and academics, the book offers both a conceptual underpinning to this element of the European Union’s law-making, as well as its practical application.

Legislative and Judicial Approaches

EU Regulations in Practice

This book brings to light a neglected program of cosmopolitan normativity in international law - innate cosmopolitanism. Whilst liberal cosmopolitanism is organized around the abstract individual, and constitutional cosmopolitanism is organized around the achievement of a formal arrangement, innate cosmopolitanism, is organized around a naturally-occurring collective whole: comprising all of humanity at any point in time, and understood as a historical phenomenon capable of exhibiting a will, interests or ends of its own. As such, innate cosmopolitanism is, he argues, is the leitmotif of international law. The book thus brings to light an ill-appreciated stream of cosmopolitan normativity in international law, and subject it to critique.

This book brings to light a neglected program of cosmopolitan normativity in international law – innate cosmopolitanism – that holds special significance in this time of competing efforts to define and direct an expanding global public order. Beginning from an intentionally broad use of the term cosmopolitan, derived from etymological roots in the cosmo-polis, Geoff Gordon draws out the main streams of thought associated with cosmopolitanism over time in discourses of international law and politics. The two best-recognized are liberal cosmopolitanism and constitutional cosmopolitanism. And, In addition to these, he introduces a third: innate cosmopolitanism. Whilst liberal cosmopolitanism is organized around the abstract individual, and constitutional cosmopolitanism is organized around the achievement of a formal arrangement, innate cosmopolitanism, is organized around a naturally-occurring collective whole: comprising all of humanity at any point in time, and understood as a historical phenomenon capable of exhibiting a will, interests or ends of its own. As such, innate cosmopolitanism is more central to the historical narrative of international law than either liberal or constitutional cosmopolitanism. It is, he argues, is the leitmotif of international law. Clarifying, consolidating – and critiquing – cosmopolitan thought, the book thus brings to light an ill-appreciated stream of cosmopolitan normativity in international law, and subject it to critique. It will be of huge interest to specialists and students of international law and politics, and especially those concerned with ideas and theories of global order or international society.

The immanent collective in international law

Innate Cosmopolitanism

This book is an insightful, thought-provoking study of one of the world's most important courts. There is no doubt that the European Court of Justice has had a transformative effect on EU Law, but not without controversy. 

This book explores these criticisms, asking if concerns over judicial activism, unconventional interpretative methods, conflicts with national courts and over-reach are justified. Drawing on the expertise of leading commentators in their sectors, its ambitious scope explores the question from across the spectrum of EU Law. Its analysis includes the political dimension, giving the fullest understanding of the environment in which the Court and its judgments have operated.

This book is an insightful, thought-provoking study of one of the world’s most important courts. There is no doubt that the European Court of Justice has had a transformative effect on EU Law, but not without controversy. This book explores these criticisms, asking if concerns over judicial activism, unconventional interpretative methods, conflicts with national courts and over-reach are justified. Drawing on the expertise of leading commentators in their sectors, its ambitious scope explores the question from across the spectrum of EU Law. Its analysis includes the political dimension, giving the fullest understanding of the environment in which the Court and its judgments have operated.

The European Court of Justice and its Critics

Modern Studies in European Law

Between Immunity and Recognition

The Search for a European People

AI, Big Data, the Environment and the Courts

The Future of Justice

Anthem Critical Introductions

Anthem IGLP Rethinking Global Law and Policy Series

This book provides a critical introduction to the complex relationship between law and peace.

A Critical Introduction

Law and Peace

This open access book establishes an interpretative framework by means of a functionalist-originalist reading of EU law and comparative federalism, in particular US constitutional law. 

The EU is undergoing one of the most profound structural crises of its history, relating to the rule of law and fundamental rights. The author conceptualises the existential question in terms of ontology, constitutional legitimacy, doctrine and institutional process. By providing the first conceptual methodology (based on comparative federalism and focusing on law and rights) the book develops proposals which can be used to address the EU's current constitutional challenges.

The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

This open access book establishes an interpretative framework by means of a functionalist-originalist reading of EU law and comparative federalism, in particular US constitutional law. 

The EU is undergoing one of the most profound structural crises of its history, relating to the rule of law and fundamental rights. The author conceptualises the existential question in terms of ontology, constitutional legitimacy, doctrine and institutional process. By providing the first conceptual methodology (based on comparative federalism and focusing on law and rights) the book develops proposals which can be used to address the EU’s current constitutional challenges.

The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

A Comparative Perspective

The Diagonality Problem of the EU Rule of Law

International Organizations and Democratic Backsliding

Eroding Democracy from the Outside In

Lloyd's Environment and Energy Law Library

Liability allocation provisions are of vital importance in oil and gas contracts. This comprehensive text addresses the large number of practical challenges stemming from the drafting, interpretation and implementation of such clauses, all in one distinct volume.

Liability allocation provisions are of vital importance in oil and gas contracts. This comprehensive text addresses the large number of practical challenges stemming from the drafting, interpretation and implementation of such clauses, all in one distinct volume.

The Contractual Allocation of Liabilities in the Upstream Oil and Gas Industry

The EEA Agreement extends the four freedoms (persons, goods, services and capital) to Iceland, Liechtenstein and Norway. It provides for equal conditions of competition and abolishes discrimination on grounds of nationality. The EFTA Court, celebrating its 30th anniversary in 2024, has jurisdiction over parties to the Agreement. This jurisdiction corresponds to that of the Court of Justice of the European Union over EU Member States in matters of EEA law. This collection of essays, written by members of the Court and external experts, reviews the successes and shortcomings of the Court, its interface with EU law, and its future development.

Developing the EEA over Three Decades

The EFTA Court

The Legal Consistency of Technology Regulation in Europe

Bibliografische Angaben

Inhaltsverzeichnis

Schlagworte

Bibliografische Angaben

Inhaltsverzeichnis

Schlagworte

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