Rettsvitenskap

This edited collection is the first book-length academic publication on the Palestinian Bedouins at risk of forced displacement in the Central West Bank and Greater Jerusalem area. At its core are two questions: firstly; what are the humanitarian vulnerabilities they face and how are they produced/constructed? And secondly, how does protracted impunity for international law violations drive humanitarian protection risks for them? It interweaves international law, community-based empirical research and interdisciplinary perspectives, to offer the broadest possible framework for understanding these complex and complicated questions.

This book establishes, analyses and systemises the challenges that AI evidence poses to fundamental rights and principles of criminal procedure, as well as the rule of law. Taking a four-part approach, distinguished experts contribute chapters on the six examined countries (Germany, Luxembourg, the Netherlands, France, England and Wales and the US) that provide the basis for the comparative analysis and the development of concrete policy proposals. Part one provides a comparative overview of the challenges of using AI evidence in court, highlighting the gaps in the current regulatory frameworks that cannot be easily closed by traditional doctrine of criminal proceedings. Part two offers insights from data protection law, ICT law and human rights law that will shape the future regulation of AI evidence in criminal courts. Part three addresses complex issues related to the use of AI evidence and ensuring its admissibility by the courts. Lastly, part four proposes policies to rectify or mitigate the above established deficiencies in the current legal framework.

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 book unveils gaps, inconsistencies, and barriers to accountability emerging from the intersections between IHL and ICL in the definition and treatment of indiscriminate and disproportionate attacks as jus in bello violations. The book identifies and explains the unresolved legal problems surrounding the prevention and control of indiscriminate and disproportionate attacks as international war crimes, and critically unpacks the macroscopic implications of these problems for international adjudications. It goes on to address the challenges posed by these attacks as key causes of civilian victimization in war. The author demonstrates that the Rome Statute of the ICC, legibus sic stantibus, does not allow to prosecute and punish the most recurring forms of indiscriminate and disproportionate attacks, crucially impairing the ability of this institution to pursue the objectives declared by its founding treaty. It concludes by offering two amendment proposals for the Rome Statute to bridge the gaps and overcome the antinomies identified.

This book offers a new, more critical perspective on the regulation and protection of individuals under international humanitarian law. Providing a historical account of the changing concept of individuals since 1864, the study draws on social constructivism. This approach casts light on the struggle of making sense of, and agreeing on, the position of individuals in armed conflicts, often hidden by international humanitarian law's conventional narratives. This intriguing study grapples with a difficult and disputed area of the law of armed conflict, making a singular and significant contribution which will be welcomed by all scholars in the field.

This book develops a systematic analysis of the principle of proportionality of penalties in EU law.Taking a four-part approach, the book firstly looks at the protection of victims' rights in EU law and the lessons to be learned from regional and international instruments. It looks specifically at the case law of the CJEU, such as the Victims' Rights Directive and the Compensation Directive. It then goes on to look at the state of play of victims' rights in the national laws of the Member States, such as France, Germany, Hungary, the Netherlands, Romania, Lithuania and Ireland. Part three addresses the need for coherence and balance between the different interests at stake. Finally, the book looks at the prospects, putting forward a fresh perspective on the topic.Until now, the principle has been mainly assessed from a criminological point of view. By departing from existing literature, the book advances an original EU law perspective on proportionality of penalties, which underlies the analysis of its theorisation, place and influence on domestic criminal systems. Building upon this approach, scholarly contributions in the book systematically delve into the various implications of the principle in EU law, while paying particular attention to its profound interaction with criminal law concepts.

This book provides a systematic and critical analysis of the role trusts play in modern commercial markets. Commercial trusts are complex and ever-evolving, and a reassessment of the traditional legal norms relating to them is much needed in order to provide new doctrinal insights. The book does just that: focusing on trusts in the UK, while drawing on developments in European jurisdictions and in China. It presents a thought-provoking assessment and a unified understanding of commercial trusts.

This book discusses existing and future trends concerning the development of migratory policies between local and global levels, to understand the challenges and gaps in the protection of migrants. It explores international migration and its impact on sovereignty, international cooperation, security, and human rights.

This collection looks at the protection of victims' rights in EU law. Taking a four-part approach, it firstly focuses on the Victims' Right Directive and the proposal for a Directive on combating violence against women. It then explores victims' rights in the national laws of the Member States, including France, Germany, Hungary, the Netherlands, Romania, Lithuania and Ireland.Finally it analyses the main challenges in the field and the need for coherence between the different competing interests.

This innovative and thought-provoking book studies how subrogation and marshalling should be understood in the context of private law.Subrogation and marshalling are legal rules which give a person new rights with prima facie the same content as someone else's extinguished rights. There is little examination of why the law does this. This book argues that the key to understanding subrogation is the distinctive form of the rights that it creates. The form of rights created reflects a particular role in ensuring interpersonal justice: subrogation's role is to properly distribute the burden of debts. Taking this model, the book goes on to resolve persistent controversies in the case law, including when subrogation should occur, what rights it should create, the relationship between subrogation and marshalling, and whether subrogation is a remedy for unjust enrichment.

This book provides a timely and much-needed critical legal review of children's participation in healthcare that goes beyond merely documenting the extent and scope of participation, and explores the importance, definition of, and barriers to their meaningful participation. Addressing a gap in the literature, the book uses a combination of empirical data, childhood and participatory theory, and legal analysis to study the participation of children and young people in the medical context from a child's rights perspective. Centring the unheard and underrepresented lived experiences of recent and past child patients, and doctors, the book uses Interpretative Phenomenological Analysis, a methodology traditionally used in psychology, to provide a refreshing and unique exploration of children's participation in their healthcare. The book explores to what extent national law and international non-binding conventions have created a 'right' to participation, studies the application of national law in clinical practice asking whether the law facilitates meaningful participation, and analyses the interaction between law and quasi-legal regulations.The book will be useful for academics, children's activists, and legal and clinical practitioners.

Nazi Euthanasia on Trial 19451953. Analyzes the Nazi euthanasia campaign against the mentally ill and the postwar quest for justice.

This book explains the new requirements of the EU Artificial Intelligence Act in an understandable and application-oriented manner. In addition to a complete commentary on the AI Act, the book contains chapters on technical and ethical principles, and responsibility for AI and data protection aspects. It describes in detail which obligations are imposed on providers and commercial users of AI systems, how such systems can be introduced and used in compliance with the law, and what requirements the providers and users of such systems are subject to.

This edited volume presents contributions from highly expert and experienced academics and practitioners, collectively examining a broad range of areas relating to the complex and time-consuming issues of resolution and jurisdiction of commercial disputes.

This collection focuses on how States should regulate activities in space and explores strategies to advance State responsible behaviour to ensure sustainable use and effective protection of outer space for peaceful purposes. It unpacks the international outer space regulatory framework in light of current trends and pressing challenges.

Focusing on four key aspects of Web3, the book explores metaverses, data governance, public and private law interfaces, and access to justice, presenting new research on the impact of data analytics on transactions within law. It will be essential reading for scholars in law, business studies, economics, public administration and regulation.

Drawing on a range of global case studies, Market Distortions in Privatisation Processes illustrates the ways in which market distortions damaged the ability of privatisation processes to yield concrete benefits to consumers.

This book provides a well-focused and comprehensive overview of novel technologies involved in advanced microfluidics based diagnosis via various types of prognostic and diagnostic biomarkers. Moreover, i also contains detailed descriptions on the diagnosis of novel techniques.

We need to act five times faster to avoid dangerous climate change. This is an inside story from Simon Sharpe, who has spent ten years at the forefront of climate change policy and diplomacy. In our fight to avoid dangerous climate change, science is pulling its punches, diplomacy is picking the wrong battles, and economics has been fighting for the other side. This provocative and engaging book sets out how we should rethink our strategies and reorganise our efforts in the fields of science, economics, and diplomacy, so that we can act fast enough to stay safe. This edition has been brought up-to-date throughout, and includes a new chapter on how international cooperation on climate change can be reconciled with economic and geopolitical competition. It also includes a response to the question the book has most often provoked: 'How can I help?'