Bøger udgivet af Intersentia Ltd

This book comprises chapters by key legal scholars and practitioners from the Americas, Europe, Asia, Oceania and Africa. It examines the evolution, theoretical constructs and institutional features of legal capacity, as well as the specific ways in which evolving principles, rights and standards derived from disability law and human rights are impacting and transforming the law. The book also explores emerging and persistent legal questions, as well as the challenges in conceiving, designing and implementing more comprehensive reforms in legal capacity regimes.

This book provides a comparative constitutional analysis of the relationship between freedom of speech and disinformation. In particular, it assesses the constitutional challenges to balance freedom of speech and falsehood, and the approaches adopted to deal with the spread of disinformation.

This doctoral research compares the retention of title in Belgium with the retention of title in the United States, Germany and two international instruments (the UNCITRAL legislative guide and model law on secured transactions and Book IX of the Draft Common Frame of Reference. It evaluates the application of the functional approach to retention of title and formulates recommendations concerning the regulation of retention of title in Belgian law.

This is a pioneering study comparing university-level and professional online legal education across 13 jurisdictions from the Asia-Pacific region, Europe and beyond before and especially after the COVID-19 pandemic. The book examines developments in legal professions and traditions, university funding and ICT infrastructure.

This book canvasses the laws regarding surrogacy in Latin American jurisdictions, putting the legal developments into their historical and social contexts. It also categorises the approaches taken and compares them to developments around the globe.

This book provides the first thorough examination of the concept of lawyer roles in knowledge work, offering a detailed comparative exploration and analysis of the globalized legal services industry in terms of individual and corporate professional functions.

This book offers a Transitional Justice framework in the Brazilian case by assessing the mechanisms associated with truth, memory, and justice, but also including a holistic approach covering the role of civil society, reparations for indigenous people, initiatives on gender, and complicit corporations.

Europe is under attack. Populism and nationalism are rampant, the United Kingdom has left the European Union and public confidence in Europe is waning. How should it move forward? With that question, the author takes the reader behind the scenes, offering unique, personal insights and positive solutions to address these issues, whilst also encouraging readers to develop their own vision of Europe and its future.

This book deals with the current trend in investor-state arbitration, with a focus on the African continent.It looks more specifically at the new African Continental Free Trade Area (AfCFTA) and discusses how it can reshape the investor-state dispute system on the continent.

The book explores, from a comparative perspective, the impact of the European Convention of Human Rights on a wide range of private law issues, including family law, data protection law, media law, copyright law, labour law as well as private international law and procedural law.

This book addresses the pluralisation of family forms as an expression of the transformation of society and its normative foundations. Against a legal background, the development of diverse family concepts and practices is examined and the (severed) links between sexuality, gender and reproduction are explored.

As contemporary legal regulation becomes more and more complex, the law becomes more fragmented. This book puts forward recommendations to promote the systemic nature of law. In addition to pro-systemic legal arguments, the book focuses on the foundations of law formed by underlying principles and values.

The sixty-seventh volume of the Annotated Leading Cases of International Criminal Tribunals contains the most important decisions taken by the ICC from 27 January 2014 to 30 January 2015.

One of the greatest contributions of the twentieth century was undoubtedly the expansion of the concept of culture. One of the consequences of the amplification of the notion of culture was that it permeated all social disciplines, and law was evidently no exception. Research into law and culture was somewhat belated but has recently yielded a multitude of interesting literature and relevant inquiries. This important volume brings together meditations from some of the leading scholars in the field.

This book presents comparative perspectives based on findings presented in National Reports on the theme 'Plurality and Diversity in Law: Family Forms and Family's Functions'. The contributions focus on whether, and if so, how, family law recognises that a child can have multiple parents, and which family functions are recognised and favoured by the law.

Many large companies - like Bosch, Ikea and Novo-Nordisk - are owned by enterprise foundations. This book provides an overview of enterprise foundation law in six European countries and the US. The book explores enterprise foundation law in the seven aforementioned nations and analyzes how the law influences the prevalence and governance of enterprise foundations around the world.

The European Yearbook on Human Rights brings together renowned scholars, emerging voices and practitioners, comprising contributions which engage with some of the most important human rights issues and developments in Europe. The Yearbook helps to better understand the rich landscape of the European regional human rights system and is intended to stimulate discussions, critical thinking and further research in this field.

This book focuses on the legal governance of online platforms concerning direct and indirect discrimination against users in the housing, advertising, and labor markets. Through an extensive investigation of sources this book illustrates how statutory law and legal precedents in the E.U. and the U.S. are only partially equipped to address discrimination against statutorily protected classes in online platforms.

The volume collects all the relevant instruments in the field of EU private international law in family matters as completed by referencing all decisions issued by the CJEU on these Regulations.

This book is a collection of 66 essays on family law and family justice by academics and senior judges, celebrating the long and distinguished career of leading family law scholar, John Eekelaar, FBA.

The book explores the present and future of shareholder activism in Belgium. Old and new forms of activism will be presented and situated in their financial and legal context. This will help readers understand whether shareholder activism can be a boon ora curse for sustainable value creation.

"This book is the result of a long-term comparative research project on intellectual property, with topics ranging from patents to copyright, examined across 16 jurisdictions. It does not aim at commenting on current policy issues. The country reports unearth the culturally, morally and historically imprinted thought patterns across Europe which underpin current discussions on the appropriation of information, and which do not change quickly. The research results question the common narratives of the distinctiveness of private and public law, of contracts and property, and of morality and the law. The point of departure is the public good character of information, with the focus being on public interests pursued when assigning information as property. The 14 selected cases, based on recent, and in some cases futuristic when the project began in 2001, scenarios, aim to identify how boundaries to information property emerge, the areas of law that are applied and the principles that are followed in order to balance the conflicting interests at stake. The issues discussed revolve around well-known interfaces such as IP and competition law, monetary interests versus personal interests in human genome data, individual freedoms-to-operate versus collective action models as found in basic research or 'creative commons'. The book shows how some national discussions appear similar on the surface, in terms of resorting to parallel principles, but subsequent domestic policy answers vary greatly. Even legislation which aims at harmonisation may result into more diversity. Inversely, we found legal institutions applied which install contrasting legal rules which however aim at exactly the same behavioural change."--

Against the background of the economic dynamics of financial markets, this book examines the EU regulatory and supervisory framework for central counterparties (CCPs) that clear derivative contracts.