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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.

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.

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Edited by Heribert Hallermann, Thomas Meckel, Michael Droege and Heinrich de Wall

Das neue umfangreiche Referenzwerk für Kirchen- und Religionsrecht berücksichtigt über das staatliche Recht und das Kirchenrecht der katholischen und der evangelischen Kirche hinaus auch zentrale Inhalte des Kirchenrechts der orthodoxen Kirchen sowie des islamischen und jüdischen Rechts.
Für Theologen und Juristen in Wissenschaft, staatlicher und kirchlicher Verwaltung sowie in der Seelsorge und der beruflichen Praxis bietet dieses unter Mitarbeit namhafter Wissenschaftlerinnen und Wissenschaftler erstellte Lexikon verlässliche Informationen auf aktuellem Stand. Die Lemmata des zweiten Bandes (F-K) behandeln neben einschlägigen Begriffen wie „Gewissen“, „Geschlecht“, „Glaubensfreiheit“ oder „Inklusion“ auch zahlreiche Spezifika wie „Geistliche Kleidung“, „Gelübde“, „Kirchensteuer“ oder „Kommunität“ in interreligiöser und ökumenischer Perspektive.

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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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.

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Santiago Wortman Jofre

In Corporate Criminal Liability and Compliance Management Systems: A Case Study of Spain, Santiago Wortman Jofre offers a case study where he examines the way in which Spain understands and implements Compliance Management Systems. Corporate criminal liability has become a matter of controversy in civil law countries since it challenges the traditional principle of societas delinquere non potest, by which corporations cannot be held criminally responsible.
However, corporations have taken a new position in the world’s political agenda, as evidenced by the 2017 G20’s High Level Principles on the Liability of Legal Persons for Corruption. The new trend in criminal law advocates for the criminal responsibility of legal persons and pushes for the implementation of Compliance Management Systems as deterrent for corporate criminality. Santiago Wortman Jofre then presents evidence on the role of criminal justice and the importance of positive stimuli requirements as effective incentives to drive companies to implement compliance programs.

Liberalism, Constitutional Nationalism, and Minorities

The Making of Romanian Citizenship, c. 1750–1918

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Constantin Iordachi

This book documents the making of Romanian citizenship from 1750 to 1918 as a series of acts of national self-determination by the Romanians, as well as the emancipation of subordinated gender, social, and ethno-religious groups. It focuses on the progression of a sum of transnational “questions” that were at the heart of North-Atlantic, European, and local politics during the long nineteenth century, concerning the status of peasants, women, Greeks, Jews, Roma, Armenians, Muslims, and Dobrudjans. The analysis emphasizes the fusion between nationalism and liberalism, and the emancipatory impact national-liberalism had on the transition from the Old Regime to the modern order of the nation-state. While emphasizing liberalism's many achievements, the study critically scrutinizes the liberal doctrine of legal-political “capacity” and the dark side of nationalism, marked by tendencies toward exclusion. It highlights the challenges nascent liberal democracies face in the process of consolidation and the enduring appeal of illiberalism in periods of upheaval, represented mainly by nativism. The book's innovative interdisciplinary approach to citizenship in the Ottoman and post-Ottoman Balkans and the richness of the sources employed, appeal to a diverse readership.

Constantin Iordachi teaches at the Central European University, Budapest. He has published widely on citizenship, nationalism and fascism. His most recent project is Martyrdom to Purification: The Fascist Faith of the Legion `Archangel Michael' in Romania, 1927-1941 (London: Routledge, forthcoming 2019).

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Edited by Abdulqawi A. Yusuf

Founded in 1993, the African Yearbook, now published under the auspices of the African Foundation for International Law, is the only scholarly publication devoted exclusively to the study, development, dissemination and wider appreciation of international law in Africa as a whole.

Through the study and analysis of emerging legal issues of particular relevance to Africa, such as the creation of viable continental institutions capable of promoting unity and security for the peoples of the continent, the effective protection of human rights, the need for accountability for mass killings and massive violations of the rule of law, the promotion of a rule-based democratic culture, the role of African countries in a globalizing world economy and in international trade relations, the Yearbook strives to be responsive to the intellectual needs of African countries in the area of international law, and to the continuing struggle for creating an environment conducive to the rule of law throughout the continent
Please click here for the online version including the abstracts of the articles of the African Yearbook of International Law.