法　学 — 全 下位分類

In this book a team of expert contributors address challenging issues concerning the relationship between private law and the rule of law and human rights, with specific focus on case studies from South-Eastern Europe.

The book examines the broadening application of human rights to the private law fields and the resulting effects. Contributors offer a truly interdisciplinary perspective drawn from comparative law, civil law, procedural law and public law. By so doing, for the first time, they offer insights into the fascinating questions the region poses for private law and human rights.

Does a European patent always entitle its holder to a permanent injunction?

This question has sparked vigorous debate in past years but so far remains unresolved. This open access book presents a detailed, practical, and comprehensive test to determine when injunctive relief should be limited on proportionality grounds.

The book's 3 parts guide readers from proportionality's normative foundations to its practical applications. Part I argues that, contrary to conventional wisdom, proportionality is not an open-ended balancing test but rather applies the principle of commensurate scope at the remedies stage. Part II offers an in-depth analysis of situations where a permanent injunction risks upsetting that principle. It draws on a unique qualitative study of all US District Court decisions between 2006 and 2020 granting or denying a permanent injunction in patent cases to stake out circumstances where an injunction might have disproportionate consequences. Part III grounds the inquiry in EU law and proposes a proportionality test along three elements: overreach, abuse, and conflicts with third-party rights.

The book thus provides a distinctly European response to a global problem. The book is an invaluable resource for practitioners, clerks, and scholars looking not only for the normative, empirical, and legal basis of proportionality in European patent law, but also for guidance on its real-world operation.

The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

This book is the leading reference on Thai private international law in English. The chapters systematically cover the whole of Thai private international law including commercial matters, family law, succession, electronic commerce, intellectual property, competition (antitrust), and environmental disputes.

In addition to covering the traditional conflict of law areas of jurisdiction, applicable law (choice of law) and enforcement, the chapters also look into conflict of laws questions arising in arbitration and assess Thailand's involvement in the harmonisation of private international law globally and regionally.

Similarly to the other volumes in the Studies in Private International Law - Asia series, this book presents the Thai conflict of laws through a combination of common and civil law analytical techniques and perspectives, providing readers worldwide with a more profound and comprehensive understanding of the subject.

This open access book unveils Hong Kong's pivotal role in the realm of international economic law.

Unique to this book is its focus on the interplay between Hong Kong's historical roots and institutional contexts, integrated into its exploration of unilateral, bilateral, and multilateral economic approaches. What sets this book apart is its in-depth treatment of Hong Kong's distinct position as China's Special Administrative Region. It showcases the balance the territory maintains: the autonomy it enjoys, its own robust legal and economic systems, all while being intertwined with broader global interests. Hong Kong's position as China's economic gateway, coupled with its adaptability amidst technological evolutions and international tensions, positions it uniquely in the global economic arena. With the Asia-Pacific economy's rapid evolution and the Greater Bay Area's development, Hong Kong's role is illuminated as increasingly pivotal.

This book exposes challenges confronting Hong Kong, from political changes to the ramifications of the National Security Law, while emphasising its continued relevance and growing influence. As Hong Kong threads its path in a globalised world, its prowess in international economic law remains a cornerstone of its identity. Will the territory sustain its prominence amidst evolving challenges and global shifts? The answers lie within, and further research awaits as we track its unfolding narrative.

Specifically tailored for academics, diplomats, and researchers in international law, relations, economics and finance, this book offers a vital perspective. Anyone with a vested interest in international economic law and policy will find this comprehensive exploration invaluable.

The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

This book provides the first systematic assessment from a human rights law perspective of the landmark contributions of the renowned legal anthropologist, Sally Engle Merry.

What impact does over-simplification have on human rights debates? The understandable tendency to present them as a single, universal, and immutable concept ignores their complexity and by extension only serves to weaken them.

Merry and her colleagues transformed human rights thinking by highlighting the process of 'vernacularization', which sees rights discourse as being unavoidably dependent upon translation and interpretation. She also warned of the pitfalls of excessive reliance upon statistical and other indicators, through the process of quantification. Here the leading voices in the field assess the significance of these contributions.

This book rigorously investigates the contemporary state of children's rights and the multifaceted challenges facing children, uncovering the complexities at their core. In 1989, the United Nations introduced the Convention on the Rights of the Child (CRC), ratified by 196 nations, promising a world where children's rights would reign supreme. In practice, however, realising these rights proves intricate and often precarious. Policies may shine on paper, but their implementation grapples with the challenges posed by global governance structures, national strategies, and local factors. Over three decades since the CRC's inception, this book scrutinises the true efficacy of international commitments, shedding light on underexplored issues and revealing shortcomings in both discourse and actions. With diverse, interdisciplinary perspectives, it recognises the profound influence of global and transnational forces in generating outcomes that impact children's rights and welfare.
An electronic edition of this book is freely available under a Creative Commons (CC BY-NC-ND) licence.

Two leading feminist lawyers reflect on gender in international law to set out what a gendered peace might look like and its impact on international law in this open access book.

In order to challenge orthodoxies, the book takes an unconventional approach, merging personal reflections, expert essays, and interviews. It throws the disciplinary net wide, drawing on international law, gender studies, international relations and history. The authors, undisputed global leaders in the field, challenge the reader to unlearn international law, in order to relearn it in a way that makes it more fit for purpose in the contemporary world. This seminal work is a clarion call to think about international law in a new and transformative way.

The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the London School of Economics & Political Science.

For additional material on Gendered Peace Through International Law visit https://www.bloomsburyonlineresources.com/gendered-peace-through-international-law