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'Internet law' and 'electronic commerce law' are new entities and as such there is some difficulty in defining this rapidly changing area of the law. Scholars are divided as to whether it is a subject in its own right or part of a broader area and there is also debate concerning its status as a new law or as old law which needs interpreting in a new way. This text helps the student to unravel this complicated area of law and provides guidance through the wealth of literature available on the topic. The text is for law students coming towards the end of their first degree, or taking a Masters. The first half focuses on the principles of electronic commerce law and includes an introduction to the law of the Internet, basic concepts in intellectual property law, privacy law and data protection. The second part deals with rights and duties in the online world including, liabilities, ownership and contracts. Technical operations are explained in the text as necessary and a glossary provides a guide to the more commonly encountered computer technicalities. With a supporting website providing links to online further reading, this textbook is ideal for students of e-commerce law and will provide those studying information technology law or practising commercial law with an indispensable introduction to Internet issues.
The volume is devoted to the relevant problems in the legal sphere, created and generated by recent advances in science and technology. In particular, it investigates a series of cutting-edge contemporary and controversial case-studies where scientific and technological issues intersect with individual legal rights. The book addresses challenging topics at the intersection of communication technologies and biotech innovations such as freedom of expression, right to health, knowledge production, Internet content regulation, accessibility and freedom of scientific research.
'a superb book' J South Pacific L --
International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. Also, in the last two decades, there has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. Yet the legal principles at the basis of international investment law and arbitration remain in a state of flux. Perhaps the best illustration of this phenomenon is the wide disagreement among investment tribunals on some of the core concepts underpinning the regime, such as investment, property, regulatory powers, scope of jurisdiction, applicable law, or the interactions with other areas of international law. The purpose of this book is to revisit these conceptual foundations in order to shed light on the practice of international investment law. It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law. The first part of the book focuses on the 'infrastructure' of the investment regime or, more specifically, on the structural arrangements that have been developed to manage foreign investment transactions and the potential disputes arising from them. The second part of the book identifies the common conceptual bases of an array of seemingly unconnected practical problems in order to clarify the main stakes and offer balanced solutions. The third part addresses the main sources of 'regime stress' as well as the main legal mechanisms available to manage such challenges to the operation of the regime. Overall, the book offers a thorough investigation of the conflicting theoretical positions underlying international investment law, testing their worth by reference to concrete issues that have arisen in the jurisprudence. It demonstrates that many of the most important practical questions arising in practice can be addressed by a carefully dosed resort to theory.