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Data and Private Law
This collection examines one of the fastest growing fields of regulation: data rights. The book moves debates about data beyond data and privacy protecting statutes. In doing so, it asks what private law may have to say about these issues and explores how private law may influence the interpretation and the form of legislation dealing with data. Over five parts it: sets out an overview of the themes and problems; explores theoretical justifications and challenges in understanding data; considers data through the perspective of cognate private law doctrines; assesses the contribution of private law in understanding individual rights; and finally examines the potential of private law in providing individual remedies for wrongful data use, supplementing the work of regulators. The contributors are specialists in their respective fields of private law with long-standing expertise in the challenges to data privacy posed by emerging digital technologies.
Surrogacy, Law and Human Rights
Surrogacy presents particularly complex questions for human rights law and theory. This book provides a unique and insightful examination into the underexplored issues of how domestic and international law is responding to the sharp increase in the use of surrogacy. The work presents critical analysis of the current regulation of surrogacy via domestic law in Australia, India and the USA, and international law in the form of the UN Convention on the Rights of the Child. Including a wide range of views from academics and practitioners around the world, the contributors consider what could be done to further protect the rights of all persons involved in surrogacy arrangements. This in-depth study of the international and domestic law governing surrogacy provides much needed scholarly knowledge of this contemporary phenomenon, along with recommendations for improvement, regulation and reform. The book will be of great importance to human rights and legal scholars, and well as practitioners in this field.
Contract Law in Changing Times
This collection of essays provides a rich and contemporary discussion of the principle of pacta sunt servanda. This principle, which requires that valid agreements are to be honoured, is a cornerstone of contract law. Focusing on contributions from Asia, this book shows that, despite its natural and universal appeal, the pacta sunt servanda principle is neither absolute nor immutable. Exceptions to the binding force of contract must be available in limited circumstances to avoid hardship and unfairness. This book offers readers new comparative perspectives on the appropriate balance between contractual certainty and flexibility in an era of social instability. Expert authors, mostly from East and Southeast Asia, explore when their domestic legal systems allow exceptions from the binding force of contracts. Doctrines discussed include impossibility, frustration, change of circumstance, force majeure, illegality as well as rights of withdrawal. Other chapters consider the importance of the pacta principle in international law. The challenges posed by the COVID-19 pandemic feature strongly in the majority of contributions.
Data Disclosure
Data has become a key factor for the competitiveness of private and state actors alike. Personal data in particular fuels manifold corresponding data ecosystems – in many cases based on the disclosure decision of an individual. This volume presents the proceedings of the bidt "Vectors of Data Disclosure" conference held in Munich 2022. The contributions give comparative insights into the data disclosure process – combining perspectives of law, cultural studies, and business information systems. The authors thereby tackle the question in which way regulation and cultural settings shape (or do not shape) respective decisions in different parts of the world. The volume also includes interim results of the corresponding bidt research project – including in-depth reports covering the regulatory and cultural dimensions of data disclosure in eight different countries / regions worldwide, a business information systems model of the disclosure decision process, and empirical studies. The volume thereby lays the ground for interdisciplinary informed policy decisions and gives guidance to stakeholders.
The Criminal Responsibility of Children and Young Persons
By noting the strikingly different ages at which a child can be deemed criminally responsible in the English and German legal systems, Thomas Crofts explores the notion of doli incapax, that is the incapability of forming a guilty mind.
Current Law Index
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Emerging Challenges in Privacy Law
Prominent privacy law experts, regulators and academics examine contemporary legal approaches to privacy from a comparative perspective.
