The present book invites the reader to rethink some questions raised in EU external relations law in the light of recent developments in the case law of the Court of Justice, from the perspective of the constitutional foundations of the Union. The various chapters invite the reader to take a look at the balance between the specific legal regime for EU external action and the constitutional fund…
"Digitization of information" means, to state it in the simplest way possi‐ ble, the representation of information as a sequence of zeros and ones. Digitized information can be edited, stored and easily transferred between computers. In view of the high power of today's computers and their glob‐ al networking via the Internet, this means that vast amounts of information can be processe…
Areas of limited statehood, in which the territorial State lacks effective control, either completely or in part, challenge International Humanitarian Law in various ways. This volume explores if and how the law adapts to these challenges on the basis of mainly two legal issues: detention and investment protection in (non-)international armed conflict. Does a sufficient legal basis exist for th…
This book documents the findings and recommendations of research into the question of how IT laws should develop on the understanding that today’s information and communication technology is shaped by cloud computing, which lies at the foundations of contemporary and future IT as its most widespread enabler. In particular, this study develops on both a comparative and an interdisciplinary axi…
What are chances and challenges of referring to human rights law in defining crimes under international law? Under what circumstances is a reference to human rights law dogmatically appropriate and practically likely? The answers to these questions are explored through a look at the theoretical framework, practical application in jurisprudence as well as empirically through interviews with judg…
How did the drastic experiences of the turbulent twentieth century affect the works of a legal historian? What kind of an impact did they have on the ideas of justice and rule of law prominent in legal historiography? Ville Erkkilä analyses the way in which the concepts of 'Rechtsgewissen' and 'Rechtsbewusstsein' evolved over time in the works of the prestigious legal historian Franz Wieacker.…
China’s accession to the World Trade Organization (WTO) has had profound consequences for the structure of its economy, and there will many more before the full benefits of an open trading regime will be realised. Agriculture and Food Security in China explains the background to China’s WTO accession and links accession to reforms beginning as far back as 1979. The book highlights China’s…
Although the immense process of economic and social transformation currently underway in China and Vietnam is well known, less attention has been devoted to the process of Chinese and Vietnamese legal change. Asian Socialism and Legal Change brings together experts to analyse recent developments in the legal sphere, representing the diversity and dynamism of this process. This book is the fi…
Clinical legal education (CLE) is potentially the major disruptor of traditional law schools’ core functions. Good CLE challenges many central clichés of conventional learning in law—everything from case book method to the 50-minute lecture. And it can challenge a contemporary overemphasis on screen-based learning, particularly when those screens only provide information and require no int…
This book investigates the problems and possibilities of plural legal orders through an in-depth study of the relationship between the state and customary justice systems in Vanuatu. It argues that there is a need to move away from the current state-centric approach to law reform in the South Pacific region, and instead include all state and non-state legal orders in development strategies and …