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Broadcasters’ Right in the Digital Era

Copyright Concerns on Live Streaming

M. Sakthivel

In Broadcasters’ Rights in the Digital Era, Sakthivel provides a cogent understanding into a hitherto unchartered territory on the applicability of copyright law on the live streaming of 'entertainment content'- an emerging medium of communication.
The book examines in exhaustive breadth the scope of broadcasters' neighbouring rights under the copyright regime in the light of technological advancements vis-à-vis authors' right and explores the experiences of EU & USA and then suggests suitable changes to the Indian Copyright regime. Sakthivel employs technological analysis and existence of differential market for different mediums to substantiate the relationship of live streaming and the copyright regime.

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Edited by Jure Vidmar

This volume focuses on the recent challenge posed by right-wing populism to democratic consolidation in Europe and particularly explores the legal dimensions of this challenge. Part One attempts to define political populism and explains why it poses a challenge to democratic political order in Europe. Part Two examines the theoretical underpinnings of the populist challenge to human rights and democracy in Europe. Part Three applies this theory to concrete examples and considers case studies including an old EU Member State, two newer EU Member State and a non-EU Member State party to the ECHR. The aim is to examin the consequences of the present populist challenge in Europe that has been marked with excessively nationalist policies in some states party to the ECHR. It is explored how the Convention rights have been undermined, but also what the limitations are of the ECHR acting as a safety-net for democratic consolidation in Europe.

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Edited by Seokwoo Lee and Hee Eun Lee

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Edited by Myron H. Nordquist, John Norton Moore and Ronán Long

Domestic Courts and the Interpretation of International Law

Methods and Reasoning Based on the Swiss Example

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Odile Ammann

The European Union Returns Directive and its Compatibility with International Human Rights Law

Analysis of Return Decision, Entry Ban, Detention, and Removal

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Izabella Majcher

The book undertakes a throughout assessment of the EU Returns Directive, and particularly measures on return, re-entry ban, immigration detention, and removal, against international human rights standards. The overarching human rights framework which circumscribes states’ prerogatives in the context of expulsion builds upon obligations derived from the principle of non-refoulement; the right to life, respect for family and private life, effective remedy, basic social services; the prohibition of torture and ill-treatment; and protection against arbitrary detention and collective expulsion. Based on this assessment, Izabella Majcher discusses several protection gaps in the Directive’s provisions which may result in human rights violations and highlights how the Directive’s rules should be complemented to comply with member states' human rights obligations.

Forgotten Diplomacy

The Modern Remaking of Dutch-Chinese Relations, 1927–1950

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Vincent K.L. Chang

In this meticulously researched volume, Vincent Chang resurrects a near forgotten yet pivotal chapter of Dutch-Chinese ties to narrate how World War II, China’s civil war, and Indonesia’s decolonization reshaped and ultimately redefined this age-old bilateral relationship.
Drawing on a wealth of hitherto-unexplored archives, this book explains how China’s rise on the global stage and the Netherlands’ simultaneous decline as a Pacific power informed events in Dutch-controlled Indonesia (and vice versa) and prompted a complete recalibration of Dutch-Chinese ties, culminating in the Netherlands’ recognition of the People’s Republic and laying the foundations for its current “One-China” policy.
Presenting insightful analyses of power dynamics and law, this book is a critical resource to historians and China specialists as well as scholars of international relations and international law.

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Edited by Donald R. Rothwell, Matthew Zagor and Imogen Saunders

Launched in 1965, the Australian Year Book of International Law (AYBIL) is Australia’s longest standing and most prestigious dedicated international law publication.
The Year Book aims to uniquely combine scholarly commentary with contributions from Australian government officials. Each volume contains a mix of scholarly articles, invited lectures, book reviews, notes of decisions by Australian and international courts, recent legislation, and collected Australian international law state practice.
It is a valuable resource for those working in the field of international law, including government officials, international organisation officials, non-government and community organisations, legal practitioners, academics and other researchers, as well as students studying international law, international relations, human rights and international affairs.
It focuses on Australian practice in international law and general international law, across a broad range of sub-fields including human rights, environmental law and legal theory, which are of interest to international lawyers worldwide. Volume 36 features an Agora on the 2018 Timor Sea Treaty and Conciliation between Australia and Timor Leste.

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Paolo Astorri

Editorial-board Johan Bastubacka, Andreas Gotzmann, Chloë Kennedy, Dariusz Kolodziejczyk, Mahmood Kooria, Virpi Mäkinen, Osvaldo Rodolfo Moutin, Richard J. Ross, Endre Sashalmi and Rudolf Schlögl

It is clear that the Lutheran Reformation greatly contributed to changes in theological and legal ideas – but what was the extent of its impact on the field of contract law?

Legal historians have extensively studied the contract doctrines developed by Roman Catholic theologians and canonists; however, they have largely neglected Martin Luther, Philip Melanchthon, Johann Aepinus, Martin Chemnitz, Friedrich Balduin and many other reformers. This book focuses on those neglected voices of the Reformation, exploring their role in the history of contract law. These men mapped out general principles to counter commercial fraud and dictated norms to regulate standard economic transactions. The most learned jurists, such as Matthias Coler, Peter Heige, Benedict Carpzov, and Samuel Stryk, among others, studied these theological teachings and implemented them in legal tenets. Theologians and jurists thus cooperated in resolving contract law problems, especially those concerning interest and usury.

Between Criminalization and Protection

The Italian Way of Dealing with Migrant Smuggling and Trafficking within the European and International Context

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Vincenzo Militello and Alessandro Spena

This volume is devoted to the dark side of human mobility, that is migrant smuggling, and, linked with it, human trafficking. Both subjects will be mainly treated from an Italian perspective; however, due to their having a generally transnational character, the analysis will necessarily require that international and supranational actions/measures also be taken into account. Moreover, the legal perspective will be supplemented by the phenomenological/criminological one, through which the authors try to provide the work with a realistic dimension aimed at grasping the practical aspects of both migrant smuggling and human trafficking emerging from the different ways in which such crimes are de facto committed.