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A Revolution through the Prism of Civil Liability
Series:
Ius Comparatum, Volume: 6
Editor:
The development of autonomous vehicles requires all the countries of the world to adapt their respective legal systems. The scale and complexity of the task is daunting. The law is called upon to enable and even encourage the advent of this revolution, while guaranteeing a fair allocation of the resulting risks and ensuring public safety. What's more, the law must rise to this challenge at a time when it is impossible to predict in the medium term the speed at which autonomous vehicles will enter circulation, or even their degree of autonomy.
Adapting civil liability law appears to be the key to success. Faced with the peculiarities of autonomous vehicles, many concepts on which current liability regimes are based will need rethinking. For instance, the complex manufacturing of driving systems multiplies the number of potential liable parties, and the "black box" effect associated with the operation of learning AI increases the burden of proof in the event of a failure.
Adapting civil liability law appears to be the key to success. Faced with the peculiarities of autonomous vehicles, many concepts on which current liability regimes are based will need rethinking. For instance, the complex manufacturing of driving systems multiplies the number of potential liable parties, and the "black box" effect associated with the operation of learning AI increases the burden of proof in the event of a failure.
A Revolution through the Prism of Civil Liability
Series:
Ius Comparatum, Volume: 6
Editor:
The development of autonomous vehicles requires all the countries of the world to adapt their respective legal systems. The scale and complexity of the task is daunting. The law is called upon to enable and even encourage the advent of this revolution, while guaranteeing a fair allocation of the resulting risks and ensuring public safety. What's more, the law must rise to this challenge at a time when it is impossible to predict in the medium term the speed at which autonomous vehicles will enter circulation, or even their degree of autonomy.
Adapting civil liability law appears to be the key to success. Faced with the peculiarities of autonomous vehicles, many concepts on which current liability regimes are based will need rethinking. For instance, the complex manufacturing of driving systems multiplies the number of potential liable parties, and the "black box" effect associated with the operation of learning AI increases the burden of proof in the event of a failure.
Adapting civil liability law appears to be the key to success. Faced with the peculiarities of autonomous vehicles, many concepts on which current liability regimes are based will need rethinking. For instance, the complex manufacturing of driving systems multiplies the number of potential liable parties, and the "black box" effect associated with the operation of learning AI increases the burden of proof in the event of a failure.
Editor:
Extraterritoriality is often understood as an exceptional, sometimes even illegitimate, form of state lawmaking—yet it is pervasive in contemporary practice. Countries around the world rely on extraterritorial regulation to protect local markets, in areas including competition law and data privacy. It is also recognized as a useful strategy to promote international human rights, and to address shared challenges as diverse as transnational crime, tax base erosion, and climate change. The normalization of extraterritoriality as a legal technique, however, has by no means resolved longstanding debates about its place in the international legal order. Containing in-depth studies of fifteen legal systems, this volume provides a critical comparative perspective on those debates.
Series:
Ius Comparatum, Volume: 5
Editor:
Extraterritoriality is often understood as an exceptional, sometimes even illegitimate, form of state lawmaking—yet it is pervasive in contemporary practice. Countries around the world rely on extraterritorial regulation to protect local markets, in areas including competition law and data privacy. It is also recognized as a useful strategy to promote international human rights, and to address shared challenges as diverse as transnational crime, tax base erosion, and climate change. The normalization of extraterritoriality as a legal technique, however, has by no means resolved longstanding debates about its place in the international legal order. Containing in-depth studies of fifteen legal systems, this volume provides a critical comparative perspective on those debates.
This essential collection of essays delves into the European Union's Internal Market, offering a thorough analysis inspired by the Council of the European Union's pivotal 2024 conclusions. The book outlines a strategic roadmap for the market’s future development, making it a critical resource for academic libraries. In three parts, the volume examines (I) Citizens’ Rights, highlighting the impact of EU regulations on individuals, (II) the challenges and opportunities posed by digital rights and Artificial Intelligence, crucial for the market's progression over the next decade, and (III) substantive rights, providing insights into legislative and policy measures vital for the market’s evolution. Ideal for researchers, policymakers, and students, this book is an invaluable resource for understanding and influencing the future of the EU’s economic landscape.
This essential collection of essays delves into the European Union's Internal Market, offering a thorough analysis inspired by the Council of the European Union's pivotal 2024 conclusions. The book outlines a strategic roadmap for the market’s future development, making it a critical resource for academic libraries. In three parts, the volume examines (I) Citizens’ Rights, highlighting the impact of EU regulations on individuals, (II) the challenges and opportunities posed by digital rights and Artificial Intelligence, crucial for the market's progression over the next decade, and (III) substantive rights, providing insights into legislative and policy measures vital for the market’s evolution. Ideal for researchers, policymakers, and students, this book is an invaluable resource for understanding and influencing the future of the EU’s economic landscape.
The Theoretical Contribution of Federalism to the Explanation of Emergent Models for the Accommodation of Diversity
The volume offers new and unexplored perspectives on federalism and its relationships with diversity accommodation. It represents the first structured attempt to use federal theory and practice to frame several phenomena of governance in the area of diversity management. Federalism is here tested as a theoretical and practical tool that may help us better understand phenomena such as non-territorial autonomy, participatory democracy and legal pluralism.
This volume unveils the theoretical potential of federalism in explaining complex pluralist legal systems: This theoretical function may be the 21st century dimension of federalism.
This volume unveils the theoretical potential of federalism in explaining complex pluralist legal systems: This theoretical function may be the 21st century dimension of federalism.
The Theoretical Contribution of Federalism to the Explanation of Emergent Models for the Accommodation of Diversity
The volume offers new and unexplored perspectives on federalism and its relationships with diversity accommodation. It represents the first structured attempt to use federal theory and practice to frame several phenomena of governance in the area of diversity management. Federalism is here tested as a theoretical and practical tool that may help us better understand phenomena such as non-territorial autonomy, participatory democracy and legal pluralism.
This volume unveils the theoretical potential of federalism in explaining complex pluralist legal systems: This theoretical function may be the 21st century dimension of federalism.
This volume unveils the theoretical potential of federalism in explaining complex pluralist legal systems: This theoretical function may be the 21st century dimension of federalism.
A Comparative Analysis with Special Reference to Saudia Arabia
Author:
This book examines in depth the degree of compatibility and incompatibility between the general principles and jurisdiction of Islamic law and international criminal law (the Rome Statute). It discusses the controversy related to the non-ratification of the Rome Statute by some Islamic and Arab countries. The author analyses arguments that maintain that Islamic law cannot be compatible with international criminal law, and makes it clear that there are no fundamental differences between the principles of Islamic law and the principles of international criminal law. The book considers Saudi Arabia as a case for reference.
A Comparative Analysis with Special Reference to Saudia Arabia
Author:
This book examines in depth the degree of compatibility and incompatibility between the general principles and jurisdiction of Islamic law and international criminal law (the Rome Statute). It discusses the controversy related to the non-ratification of the Rome Statute by some Islamic and Arab countries. The author analyses arguments that maintain that Islamic law cannot be compatible with international criminal law, and makes it clear that there are no fundamental differences between the principles of Islamic law and the principles of international criminal law. The book considers Saudi Arabia as a case for reference.
Editor:
Localisation in private international law of torts is a notoriously difficult question. How do you localize financial or moral damage? What about latent damage? Should damage in the context of cyber-torts be localized differently? The great variety of tortious actions gives rise to endless difficulties ranging from banal situations involving material damage to climate change. Trying to find suitable solutions requires answering many difficult questions, such as the very definition of damage within the meaning of private international law rules, the influence of various considerations such as foreseeability, protection of the claimant, and the remedy sought. The contributions in this volume address these questions and more from the perspectives of 17 different countries, from Austria to Venezuela.
Series:
Ius Comparatum, Volume: 4
Editor:
Localisation in private international law of torts is a notoriously difficult question. How do you localize financial or moral damage? What about latent damage? Should damage in the context of cyber-torts be localized differently? The great variety of tortious actions gives rise to endless difficulties ranging from banal situations involving material damage to climate change. Trying to find suitable solutions requires answering many difficult questions, such as the very definition of damage within the meaning of private international law rules, the influence of various considerations such as foreseeability, protection of the claimant, and the remedy sought. The contributions in this volume address these questions and more from the perspectives of 17 different countries, from Austria to Venezuela.
A Comparative Legal Study
Series:
Ius Comparatum, Volume: 3
Editor:
Any democratic legal system recognizes that the pursuit of the truth about a crime must have impassable limits, and that in contemporary legal systems the public authorities’ principle of freedom to obtain evidence in criminal proceedings is not absolute. Drawing these boundaries is a permanent process, which produces universal legal problems of fundamental practical importance.
This book addresses the fundamental importance of the protection of the individual from potential actions of state bodies that violate legally marked boundaries. Contributors synthesize knowledge about the admissibility of evidence in criminal procedure, evidence that must not be used or should not be used under certain circumstances, and the conditions for the admissibility of unlawfully obtained evidence. This comparative analysis of national evidentiary procedures is an essential showcase of certain legislative patterns and similarities between individual legal systems.
This book addresses the fundamental importance of the protection of the individual from potential actions of state bodies that violate legally marked boundaries. Contributors synthesize knowledge about the admissibility of evidence in criminal procedure, evidence that must not be used or should not be used under certain circumstances, and the conditions for the admissibility of unlawfully obtained evidence. This comparative analysis of national evidentiary procedures is an essential showcase of certain legislative patterns and similarities between individual legal systems.
A Comparative Legal Study
Series:
Ius Comparatum, Volume: 3
Editor:
Any democratic legal system recognizes that the pursuit of the truth about a crime must have impassable limits, and that in contemporary legal systems the public authorities’ principle of freedom to obtain evidence in criminal proceedings is not absolute. Drawing these boundaries is a permanent process, which produces universal legal problems of fundamental practical importance.
This book addresses the fundamental importance of the protection of the individual from potential actions of state bodies that violate legally marked boundaries. Contributors synthesize knowledge about the admissibility of evidence in criminal procedure, evidence that must not be used or should not be used under certain circumstances, and the conditions for the admissibility of unlawfully obtained evidence. This comparative analysis of national evidentiary procedures is an essential showcase of certain legislative patterns and similarities between individual legal systems.
This book addresses the fundamental importance of the protection of the individual from potential actions of state bodies that violate legally marked boundaries. Contributors synthesize knowledge about the admissibility of evidence in criminal procedure, evidence that must not be used or should not be used under certain circumstances, and the conditions for the admissibility of unlawfully obtained evidence. This comparative analysis of national evidentiary procedures is an essential showcase of certain legislative patterns and similarities between individual legal systems.
A Comparative Analysis of the Harmonizing Effect of the UCP
Series:
Ius Comparatum, Volume: 1
Expert contributors to this volume offer a comprehensive exploration of the UCP 600's impact on international trade finance law, examining the dynamic interplay between soft law and legal harmonization in 28 jurisdictions across all continents. With a rich array of case studies and insightful analysis, this book provides a nuanced interpretation of how soft law shapes global commerce. Its diverse perspectives and practical insights make it essential reading for practitioners and scholars seeking a deeper understanding of the real-world implications of soft law in trade.
A Comparative Analysis of the Harmonizing Effect of the UCP
Series:
Ius Comparatum, Volume: 1
Expert contributors to this volume offer a comprehensive exploration of the UCP 600's impact on international trade finance law, examining the dynamic interplay between soft law and legal harmonization in 28 jurisdictions across all continents. With a rich array of case studies and insightful analysis, this book provides a nuanced interpretation of how soft law shapes global commerce. Its diverse perspectives and practical insights make it essential reading for practitioners and scholars seeking a deeper understanding of the real-world implications of soft law in trade.