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With over 2,500 climate-related cases filed worldwide, climate litigation is rapidly evolving but lacks a comprehensive resource for guiding judicial approaches. The Cambridge Handbook on Climate Litigation fills this void, offering an authoritative guide to climate litigation's complex landscape. Judges, lawyers and scholars will find insights into how courts globally have addressed recurring issues, from causation to human rights impacts. Building on the rich transnational judicial dialogue already occurring within climate litigation, the Handbook distills emerging best practices with an eye towards the progressive development of the field. Its unique focus on replicable strategies in case law makes it a strategic resource for shaping the future of climate litigation. This title is also available as open access on Cambridge Core.
This handbook introduces readers to the emerging field of experimental jurisprudence, which applies new empirical methods to address fundamental philosophical questions in legal theory. The book features contributions from a global group of leading professors of law, philosophy, and psychology, covering a diverse range of topics such as criminal law, legal interpretation, torts, property, procedure, evidence, health, disability, and international law. Across forty chapters, the handbook utilizes a variety of methods, including traditional philosophical analysis, psychology survey studies and experiments, eye-tracking methods, neuroscience, behavioural methods, linguistic analysis, and natural language processing. The book also addresses cutting-edge issues such as legal expertise, gender and race in the law, and the impact of AI on legal practice. In addition to examining United States law, the work also takes a comparative approach that spans multiple legal systems, discussing the implications of experimental jurisprudence in Australia, Germany, Mexico, and the United Kingdom.
This Handbook brings together contributions from leading scholars of constitutionaltheory, with backgrounds in law, philosophy and political science. Its sixty chapters not only offer an exceptional survey of the field but also provide a major contribution to it. The book explores three main areas. First, the values upheld by a constitution, including rights, freedom, equality, dignity and well-being. Second, the modalities of a constitutional system, such as the separation of powers, democratic representation and the rule of law. Finally, the institutions through which it operates, both legal and political, including courts, elections, parliaments and international organisations. It also considers the challenges confronting constitutional arrangements from growing inequality, populism, climate change and migration.
The Cambridge Handbook of Emerging Issues at the Intersection of Commercial Law and Technology is a timely and interdisciplinary examination of the legal and societal implications of nascent technologies in the global commercial marketplace. Featuring contributions from leading international experts in the field, this volume offers fresh and diverse perspectives on a range of topics, including non-fungible tokens, blockchain technology, the Internet of Things, product liability for defective goods, smart readers, liability for artificial intelligence products and services, and privacy in the era of quantum computing. This work is an invaluable resource for academics, policymakers, and anyone seeking a deeper understanding of the social and legal challenges posed by technological innovation, as well as the role of commercial law in facilitating and regulating emerging technologies.
In the current digital era, the growth of digital commerce and the data-driven economy has created new opportunities for firms to predict consumer behavior, including their willingness to pay a certain price. This practice of algorithmic pricing has become a widespread business model, raising concerns among economists and lawyers about its impact on the market and society. The Cambridge Handbook of Algorithmic Price Personalization and the Law is a comprehensive overview of the key debates surrounding algorithmic pricing, written by a multidisciplinary group of scholars with expertise in legal, economic, data science, and marketing research. The Handbook critically examines existing knowledge, identifies weaknesses, and proposes feasible alternatives for legal analysis, market regulation, and protection of vulnerable individuals. This comprehensive overview of algorithmic pricing is a one-stop reference for the political and legal community.
This essential reference work explores the role of finance in delivering sustainability within and outside the European Union. With sustainability affecting core elements of company, banking and capital markets law, this handbook investigates the latest regulatory strategies for protecting the environment, delivering a fairer society and improving governance. Each chapter is written by a leading scholar who provides a solid theoretical approach to the topic while focussing on recent developments. Looking beyond the European Union, the book also covers relevant developments in the United States, the United Kingdom and other major jurisdictions. Thorough and comprehensive, this volume is a crucial resource for scholars, policymakers and practitioners who aim for a greener world, a more equitable society and better-managed corporations.
Authored by leading scholars in the field, this handbook delves into the intricate matter of digital evidence collection, adopting a comparative and intra-disciplinary approach. It focuses specifically on the increasingly important role of online service providers in criminal investigations, which marks a new paradigm in the field of criminal law and criminal procedure, raising particular challenges and fundamental questions. This scholarly work facilitates a nuanced understanding of the multi-faceted and cross-cutting challenges inherent in the collection of digital evidence, as it navigates the contours of current and future solutions against the backdrop of ongoing European and international policy-making. As such, it constitutes an indispensable resource for scholars and practitioners alike, offering invaluable insights into the evolving landscape of digital evidence gathering.
We live in an age of sanctions. For geopolitical reasons, powerful states and economic blocks increasingly impose unilateral measures restricting economic transactions with certain target states. These sanctions may apply to transactions between the sanctioning state and a target country but may at times also extend to transactions between third states and the target state. By imposing such 'secondary' sanctions, states aim to further isolate the target state. The extraterritorial character of secondary sanctions makes them controversial, as they impinge on third states' economic sovereignty and the latter's operators' freedom to conduct international business. This book addresses the legality of secondary sanctions from multiple legal perspectives, such as general international law, international economic law, and private law. It examines how third states and operators can legally react against secondary sanctions, e.g. via blocking legislation or litigation. It also provides economic and political perspectives on secondary sanctions.
This volume provides a unique perspective on an emerging area of scholarship and legislative concern: the law, policy, and regulation of human-robot interaction (HRI). The increasing intelligence and human-likeness of social robots points to a challenging future for determining appropriate laws, policies, and regulations related to the design and use of AI robots. Japan, China, South Korea, and the US, along with the European Union, Australia and other countries are beginning to determine how to regulate AI-enabled robots, which concerns not only the law, but also issues of public policy and dilemmas of applied ethics affected by our personal interactions with social robots. The volume's interdisciplinary approach dissects both the specificities of multiple jurisdictions and the moral and legal challenges posed by human-like robots. As robots become more like us, so too will HRI raise issues triggered by human interactions with other people.
The Cambridge Handbook of Hydrogen and the Law is the first comprehensive reference work on the regulation of this key area in the energy transition. It is global in scope, featuring chapters that explain the legal situation on hydrogen regulation in Europe, the USA, Latin America, Oceania, the Middle East / North Africa, and Southeast Asia. It includes chapters covering all relevant legal aspects of the hydrogen value chain from production to end use, making it the first in-depth work on the interplay of hydrogen and the law. Leading scholars and practitioners discuss the creation of hydrogen markets, the role of local authorities, sustainability and public participation in hydrogen regulation, the permitting regimes for electrolysers, offshore hydrogen, the regulation on hydrogen transportation and storage, indigenous perspectives on hydrogen, the regulation of hydrogen in heating and the regulation of electricity storage in the form of hydrogen. This title is also available as Open Access on Cambridge Core.
As blockchain in general and NFTs in particular reshape operation logistics, data creation, and data management, these technologies bring forth many legal and ethical dilemmas. This handbook offers a comprehensive exploration of the impact of these technologies in different industries and sectors including finance, anti-money laundering, taxation, campaign-finance, and more. The book specifically provides insights and potential solutions for cutting-edge issues related to intellectual property rights, data privacy and strategy, information management, and ethical blockchain use, while offering insights, case studies, and recommendations to help anyone seeking to shape effective, balanced regulation to foster innovation while safeguarding the interests of all stakeholders. This handbook offers readers an invaluable roadmap for navigating the dynamic and evolving landscape of these new technologies.
This comprehensive handbook delves into the intricate relationship between artificial intelligence, law, and government regulations in society and business. With a particular focus on consumer-centric issues, chapters analyze the benefits and challenges of the expanding influence of AI systems on consumers, while shedding light on the psychological impact and potential harm posed by AI. Readers will navigate the complexities of tort law and its application to harm caused by AI, explore the legal conundrums arising from consumers utilizing digital delegates as agents, and uncover the innovative ways AI can be harnessed to enforce consumer law. This work is essential reading for anyone seeking to understand the implications of AI on the legal landscape, the future of the consumer marketplace, and the role of consumer law.
In situations ranging from border control to policing and welfare, governments are using automated facial recognition technology (FRT) to collect taxes, prevent crime, police cities and control immigration. FRT involves the processing of a person's facial image, usually for identification, categorisation or counting. This ambitious handbook brings together a diverse group of legal, computer, communications, and social and political science scholars to shed light on how FRT has been developed, used by public authorities, and regulated in different jurisdictions across five continents. Informed by their experiences working on FRT across the globe, chapter authors analyse the increasing deployment of FRT in public and private life. The collection argues for the passage of new laws, rules, frameworks, and approaches to prevent harms of FRT in the modern state and advances the debate on scrutiny of power and accountability of public authorities which use FRT. This book is also available as Open Access on Cambridge Core.
AI appears to disrupt key private law doctrines, and threatens to undermine some of the principal rights protected by private law. The social changes prompted by AI may also generate significant new challenges for private law. It is thus likely that AI will lead to new developments in private law. This Cambridge Handbook is the first dedicated treatment of the interface between AI and private law, and the challenges that AI poses for private law. This Handbook brings together a global team of private law experts and computer scientists to deal with this problem, and to examine the interface between private law and AI, which includes issues such as whether existing private law can address the challenges of AI and whether and how private law needs to be reformed to reduce the risks of AI while retaining its benefits.
Comparative law is a common subject-matter of research and teaching in many universities around the world, and the twenty-first century has aptly been termed 'the era of comparative law'. This Cambridge Handbook of Comparative Law presents a truly global perspective of comparative law today. The contributors are drawn from all parts of the world to provide different perspectives on how we understand the 'law' and how it operates in practice. In substance, the Handbook contains 36 chapters covering a broad range of topics, divided under the following headings: 'Methods of Comparative Law' (Part I), 'Legal Families and Geographical Comparisons' (Part II), 'Central Themes in Comparative Law' (Part III); and 'Comparative Law beyond the State' (Part IV).
This handbook provides a comprehensive road map to China's engagement with international law and an upgraded bridge between Chinese and Western approaches in times of turmoil. Written by a leading group of Chinese and Western specialists, it examines how China is assimilating into, and putting its stamp on, the global legal order. It offers updated analyses of China's relationship with international institutions, human rights law, international trade law, the law of the sea, the laws of peace and war, international criminal law, global health law, international investment law, international environmental law, climate change, international terrorism law, outer-space law, intellectual property law, cyber-space warfare, international financial law, international dispute settlement, territorial disputes, the Belt and Road Initiative, the Community of Shared Future for Mankind, China's constitutional law, the judicial application of international law, state immunity, the international rule of law, China's treaty practices and the extraterritorial application of Chinese laws.
Protection for intellectual property has never been absolute; it has always been limited in the public interest. The benefits of intellectual property protection are meant to flow to everyone, not just a limited population of creators and the corporations that represent them. Given this social-utility function, intellectual property regimes must address issues of access, inclusion, and empowerment for marginalized and excluded groups. This handbook defines an approach to considering social justice in intellectual property law and regulation. Top scholars in the field offer surveys of social justice implementation in patents, copyright, trademarks, trade secrets, rights of publicity, and other major IP areas. Chapters define Intellectual Property Social Justice theory and include recommendations for reforming aspects of IP law and administration to further social justice by providing better access, more inclusion, and greater empowerment to marginalized groups.
