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Internet Governance at the Point of No Return
The book begins with an analysis of the technological infrastructure environment and of the manifold regulatory theories developed in the Internet Governance context. Based on this foundation the transnational normative ecosystem is outlined, followed by a detailed discussion of the substantive Internet Governance principles (such as legitimacy, participation, transparency, accountability). These considerations lead to the presentation of relevant international legal concepts (duty of co-operation, global public goods, shared spaces, due diligence, State responsibility) that merit more attention. The outlook proposes potential approaches for improving the future of the Internet Governance design.
Handbook of Transnational Economic Governance Regimes
Non-governmental organizations, transnational business associations, private standard-setting bodies, public-private partnerships, and institutionalized incentive schemes now occupy a central place in the regulation and governance of transnational economic affairs alongside states and intergovernmental organizations. Much of the literature on these new and emerging patterns of governance has focused on the legal, political, and normative implications of this rapidly evolving landscape. The Handbook of Transnational Economic Governance Regimes expands on this scholarship by identifying, describing, and analysing more than 85 of the most significant actors in transnational governance. The Handbook examines the origins, evolution, structure, membership, financing, and strategies of key organizations and regulatory networks in almost every sphere of global economic activity, and analyses their role and influence in contemporary transnational economic governance.
Law and Economics of Corporate Governance
This book aims to analyse the principles and merits of CSR and ESG approaches using a law and economics perspective. The traditional law and economics view of corporate governance emphasises profit-maximisation and a shareholder-oriented approach. This perspective, famously endorsed by Milton Friedman, suggests that a business's sole social responsibility is to maximise profits within legal boundaries. Consequently, mainstream corporate governance scholarship has focused on structuring and regulating business organisations to achieve efficiency and minimise agency costs arising from diverging interests and asymmetric information among managers, shareholders, and creditors. However, recent de...
Green Public Procurement under WTO Law
This book investigates the strategic use of public procurement as a way to establish “buying green” as a common practice – not only in the EU, but all over the world. However, imposing environmental requirements may affect the conditions of competition between suppliers, especially between local and foreign ones. This is particularly relevant for signatory states to the Government Procurement Agreement (GPA), a plurilateral WTO agreement that aims at liberalizing public procurement markets. So how can these countries strike a balance between trade concerns and using the environmental potential of public procurement? What scope does the GPA 2012 leave for environmental criteria and how ...
Media Law and Policy in the Internet Age
The Internet brings opportunity and peril for media freedom and freedom of expression. It enables new forms of publication and extends the reach of traditional publishers, but its power increases the potential damage of harmful speech and invites state regulation and censorship as well as manipulation by private and commercial interests. In jurisdictions around the world, courts, lawmakers and regulators grapple with these contradictions and challenges in different ways with different goals in mind. The media law reforms they are adopting or considering contain crucial lessons for those forming their own responses or who seek to understand how technology is driving such rapid change in how i...
Four Internets
Four Internets offers a revelatory new approach for conceptualizing the Internet and understanding the sometimes rival values that drive its governance and stability. It unravels how tensions between the models play out across politics, economics, and technology, ultimately debating whether these models can continue to co-exist--or what might happen if any fall away.
Legal Implications of the Millennium Bug
Although the Year 2000 computer problem has to a large extent been solved, some unforeseen malfunctions will undoubtedly continue to occur, due to unforeseen eventualities or improper `fixes'. In the event that damage is caused as a result, who will be responsible for compensating the victims? May the software developers, vendors or licensors be held liable if their products fail to function correctly at some point after the change in the millennium? Do end-users have a duty to ensure that their software is Year 2000 compliant? These questions, among others, will not be answered fully until the courts have had an opportunity to rule upon disputes which will inevitably continue to arise. Othe...
Recht und Wandel
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