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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.

The Development of the Criminal Law of Evidence in the Netherlands, France and Germany between 1750 and 1870

From the system of legal proofs to the free evaluation of the evidence

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Ronnie Bloemberg

This book describes the development of the criminal law of evidence in the Netherlands, France and Germany between 1750 and 1870. In this period the development occurred that the so-called system of legal proofs was replaced with the (largely) free evaluation of the evidence. The system of legal proofs, which had functioned since the late middle ages, consisted of a set of strict evidentiary rules which predetermined when a judge could convict someone. In this book an explanation is given of the question why between 1750 and 1870 the strict evidentiary rules were replaced with the free evaluation of the evidence. The thesis of this research is that the reform was induced by a change in the underlying epistemological and political-constitutional discourses which together provided the ideas which inspired a significant reform of the criminal law of evidence.

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Edited by Alfred H.A. Soons

The 1713 Peace Of Utrecht and its Enduring Effects,” edited by Alfred H.A. Soons, presents an interdisciplinary collection of contributions marking the occasion of the tercentenary of the Peace of Utrecht. The chapters examine the enduring effects of the Peace Treaties concluded at Utrecht in 1713, from the perspectives of international law, history and international relations with cross-cutting themes: The European Balance of Power; The Relationship to Colonial Regimes and Trade Monopolies; and Ideas and Ideals; the Development of the International Legal Order. With contributions by: Peter Beeuwkes, Stella Ghervas, Martti Koskenniemi, Randall Lesaffer, Paul Meerts, Isaac Nakhimovsky, Sundhya Pahuja, Koen Stapelbroek, Benno Teschke, Jaap de Wilde

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With this volume, the Baltic Yearbook of International Law celebrates the centenary of the three Baltic States: Estonia, Latvia and Lithuania. The editors of the Yearbook launched a call for papers on a theme: the Baltic States and International Law. The volume contains a selection of articles examining diverse issues and it is no surprise that the history of statehood and international law are closely intertwined in the case of the Baltic States.

It is highly symbolic that the Baltic Yearbook of International Law, having been founded and hosted for many years by the Raoul Wallenberg Institute at Lund University in Sweden, has now, from 2018, come home and has taken up residence at the Riga Graduate School of Law (RGSL) in Latvia, in the very heart of the three Baltic States.

Among the selected authors, the Yearbook is glad to continue to introduce new authors from the region.

The Baltic Yearbook of International Law is the first legal journal in the field and sub fields of international law published under the auspices of the Baltic Editorial Board that attempts to bring to the international debate issues that are of importance in the Baltic States, providing a forum for the views on topical international-law themes from Baltic and international scholars. The first volume appeared in 2001 with a symposium on the question of the international legal status of the Baltic States. The Yearbook contains State practice reports from Estonia, Latvia and Lithuania, thus serving as an important source of international law that is unavailable elsewhere. From time to time the Yearbook has offered articles discussing the history of international law and current issues in Eastern Europe and the Russian Federation, thus making regional discourse more accessible to a wider global audience.

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Charlotte Hille

Clan societies differ substantially from Western democratic states. Clan societies are based around the extended family. Honour and solidarity are important, which is reflected in nepotism and blood revenge. However, a more positive aspect of clan societies is the use of reconciliation to solve conflicts. This guarantees that parties to a conflict can cooperate in the future. When intervening in a clan based society it is important to be aware of the differences compared to Western democracy. Based on theory and practice the cases of Afghanistan, Iraq, Albania and Chechnya are investigated. This book explains clan society and provides tools to facilitate state building and democratization in clan based societies for those who intervene, aimed at conflict resolution and democratization.

The Constitutional Identity of Contemporary China

The Unitary System and Its Internal Logic

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Han Zhai

In The Constitutional Identity of Contemporary China: The Unitary System and Its Internal Logic, Han Zhai offers a profound understanding of China’s constitutional history with her account of constitutional identity of multi-layered states in other parts of the world. This book successfully bridges China’s constitutional complex and the emerging common theory of constitutional law with methodological innovations. In constitutional comparison, this work’s treatment of the Kingdoms of Spain and the Netherlands provides effective structural and historical analysis. This book does not only awaken China’s constitutional identity in contemporary scholarship but also presents rich possibilities in the constitutional study and the way we understand a country’s fundamental arrangements in its national context

Counter-Terrorism Financing

International Best Practices and the Law

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Nathalie Rébé

In Counter-Terrorism Financing: International Best Practices and the Law, Nathalie Rébé, offers a new comprehensive framework for CTF worldwide and reviews the strengths and weaknesses of current regulations and policies.
Both accessible, interesting and engaging in how it approaches chronic problems of Counter-Terrorism Financing, this book provides general understanding of this topic with a literature review and a gap-analysis based on CTF experts’ advices, as well as a very detailed analysis of current international regulatory tools.
Nathalie Rébé’s ‘all-in’one’ CTF manual is innovative in this field and provides answers for the international community to fight terrorism financing together more effectively, using a set of standards which promotes strong and diligent cooperation between countries concerning reporting, information exchange and gathering, as well as enforcement.

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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Pauline Melin

In The External Dimension of EU Social Security Coordination: Towards a Common EU Approach, Pauline Melin provides a detailed legal analysis of the framework on social security coordination with third countries and offers alternative policy solutions to the current fragmented approach.

The analysis comprises a complete overview of the EU approach to social security coordination with third countries, 9 bilateral agreements (between Belgium, Germany, and the Netherlands, with respectively India, Turkey, and USA) and international standards. Based on this analysis, the author explores the possibility from an institutional perspective to develop a common EU approach through the conclusion of EU agreements. The author concludes by favouring an alternative softer solution through an EU model agreement and proposes that the content of that model agreement be based on the best practices of the current framework.