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This book maps out the moral, legal, and societal issues brought forth by the use of autonomous systems such as AI and smart robots in outer space. Humanity is on the brink of a new space era in which projects for permanent human colonies on the Moon and space missions with autonomous AI systems will soon become a reality. Principles and provisions of international space law fall increasingly short in tackling this scenario. Experts and institutions have recommended improvements to the legal framework, such as new international agreements, or policies that would not require any amendment to conventional law. Most of the time, such proposals and recommendations overlook the challenges posed by technology and how autonomous and intelligent systems in outer space require moral and legal standards of their own. This book argues that the traditional focus on satellite communications, space-related services, and the appropriability of celestial resources needs to be integrated by new laws of outer space regulating cybersecurity law and environmental law, data governance and consumer protection. The new laws of outer space will increasingly concern the development of new standards for the behaviour and decision-making of AI systems and smart robots, with and without humans aboard deep space missions. What laws shall govern us out there, in a new terra incognita? This is the question that the book sets out to answer.

One of the promises of Brexit was to allow the UK to regain its legislative sovereignty from the EU. However, after Brexit, UK data protection law must remain in line with EU standards in order not to lose the adequacy status that allows personal data to be transferred from the EU. This circumstance generates tensions between the EU, which is committed to preserving its digital sovereignty by ensuring an adequate protection of personal data even beyond its borders, and the UK's ambition to become a champion of the digital economy by adopting an innovative and pro-business legislation in the digital field. The book analyses the latest legal and policy developments in this context, focusing on data protection but also exploring its intersection with other related regulatory areas, such as artificial intelligence and online safety. Renowned international experts contextualise current regulatory trends and policy proposals to understand whether a new UK model in the field of digital regulation is emerging and to what extent this will exacerbate existing tensions between the UK and the EU. The book includes an accessible and detailed analysis of the major judicial decisions, laws, and current bills offering an invaluable guide to academics, practitioners, and policymakers navigating the complex issues of cross-border data protection post-Brexit.

This book investigates the commercialisation of celebrity persona in the UK, New York, and California. Interviews with 68 practitioners across the advertising, merchandising, film, and video game industries provide insight on the differences in approaches across jurisdictions, as well as the similarities caused by non-legal factors. Furthermore, the book addresses the developments in technology, social media, and social norms that have made collaboration attractive to maintain favour with fans. The book considers how the extension of passing off in the UK to include persona rights impacts the dispute resolution and transactional spheres involved in the commercialisation of persona. It compares the industry landscape to that of the US where the right of publicity has been recognised since 1953 and has gone as far as to protect 'identity'. The book argues that nonlegal factors significantly impact the commercialisation of persona across the jurisdictions and interact with the law to encourage permission-based behaviours. However, there remains a divergence in the dispute resolution sphere. Anyone who is interested in the multi-million dollar business of celebrities as assets will benefit from this book.

This book discusses the dominant corrective justice and distributive justice approaches to private law and identifies their strengths and weaknesses. It goes on to propose a general approach to private law, including contract, tort and private property, and explains how it can provide solutions to some longstanding problems. Two general ideas inform this approach: the 'standpoint limitation' and 'remedial consistency'. The standpoint limitation explains the distinctive character of private law, that is to say why it is focussed mainly, though not exclusively, on particular individual interests rather than the common welfare. Remedial consistency explains the way in which remedies depend on and give effect to primary rights. The book also discusses the nature of common law legal reasoning and its relationship to the suggested understanding of private law.

The 1st edition of this seminal text was written as a response to the constitutional crisis of 2009, sparked by the 'expenses scandal', which led a general distrust of our entire political order. A decade on, it is no exaggeration to say that the situation has dramatically deteriorated. The UK's constitutional order faces an existential crisis, with Brexit placing unbearable pressure on the political and legal architecture. All this makes the need for a written Constitution more pronounced. Retaining the easily accessible style of the first edition, this book addresses how this might be put in place. Part 1 sets out a number of arguments in favour of a written Constitution, as well as the most common objections. Part 2 presents a working draft in the form of one possible model for a Constitution. Observations and explanatory notes are attached to each section of this draft Constitution. This model Constitution is intended as the first stage in a public debate, designed to provoke further discussion about the content and method of legislating into law a written Constitution. Part 3 contains the draft of the Act of Parliament that would be needed to introduce any form of constitutional change. Rarely has a book been more timely or essential.

This book addresses the relationship between efficient management of critical minerals and sustainability in the Global South, including Sub-Saharan Africa. Critical minerals are essential raw materials for the technologies that are pivotal in today's energy transition. However, critical mineral host states and communities face social, economic, ecological, political, technological, and governance injustices. The book contends that the criteria currently used in assessing criticality and critical mineral development do not fulfil the sustainable development ambitions of developing countries and that broader considerations must be taken into account to include the stakeholders involved as well as the spatial dimension of the critical mineral value chain. In particular, the book argues that the law must consider the broader context in which minerals become critical to particular processes. It positions this argument within the current context of climate change, the just energy transition, the minerals-energy nexus, and geopolitical tensions. By analysing the copper-cobalt value chain through case studies on DRC, Zambia, China, and the EU, the book provides new avenues for critical mineral development and acknowledges the necessity for sustainability amidst the exacerbated impacts of climate change. Addressing a key challenge of the global energy transition, the book argues for a just holistic framework, which includes parameters such as domestic value addition, human rights in business development, environmental sensitivity, the development of communication channels from remote marginalised communities to international policymakers, and the re-designing of criticality considerations beyond supply and economic aspects.

This book clarifies all legal aspects of the good neighbourliness principle in international and EU law. It elaborates on the most acute infringements of the principle of good neighbourliness in both international relations and EU enlargement policy. Taking a two-part approach, it offers the international law and EU law perspectives. Over five chapters, it sets out the legal framework and the practical application of the principle, before setting out conclusions on the effectiveness of that application. Given the current focus on enlargement and accession to the EU this is a timely and topical study in an under-researched field.

Over the last 40 years, David Ibbetson has paved the way in a remarkably broad range of fields. In ancient law, his scholarship has spanned both the detailed doctrine of the Roman law of obligations and the cross-pollination of legal influences around the ancient Mediterranean. His work on English legal history has ranged from the earliest days of the common law through to the turn of the 20th century, combining forensic archival research with a sensitivity to how lawyers thought about their subject. In European legal history, Ibbetson has shown the porousness of the civil law and the extent to which it has been shaped by other areas of intellectual life, from theology to rationalist philosophy. The contributions in this volume mirror both the breadth and the depth of Ibbetson's scholarship. The book combines chapters from the leading scholars of Ibbetson's generation in his own and cognate fields, as well as a dozen of Ibbetson's own doctoral students. All have offered chapters that build upon or respond to Ibbetson's ideas, whether in published form or that have arisen out of his provocative style of teaching. It concludes with Ibbetson's own valedictory lecture on the importance of legal history to modern approaches to legal practice and scholarship.

This book considers the Divorce and Matrimonial Causes Acts and their significant impact on previously invisible married women in the 19th Century. Tens of thousands of women used little-known sections of the Acts to apply for orders from local magistrates' courts to reclaim their rights of testation, inheritance, property ownership, and (dependent on local franchise qualifications) ability to vote. By examining the orders which were made and considering the women who applied for them, the book challenges the mistaken belief that Victorian England and Wales were nations of married, cohabiting couples with an extremely small population of divorcees. The detailed statistical analysis and rich case studies provide a totally new perspective on the legal status and experiences of married women in England and Wales. Although many thousands of orders were granted between 1858 and 1900, their details remain unknown and unexamined, primarily because census records did not consistently record dissolved marriages and there is no central index of applications made. Using sources including court records, parliamentary papers, newspaper reports, census returns, probate records and trade directories, this book reconstructs the successful - and unsuccessful - experiences of women applying to magistrates' courts to protect their assets across regions and decades.

This book analyses cases of judicial avoidance: what happens when courts leave some or all of the merits of a case undecided? It explores examples of justiciability assessments and deferential approaches regarding the decision of another authority and examines legitimacy issues involving judicial avoidance. The reader is presented with answers to two fundamental questions that guide the development of the book: - Is it legitimate to practise judicial avoidance?- How could judicial avoidance be practised legitimately? The conflict of competences, which often emerges in instances of judicial avoidance, is an important book baseline. From this conflict, the book considers and defends the possibility of applying 'formal balancing' to provide a clearer structure of the exercise of justiciability and judicial deference. The 'formal balancing' methodology is based on Alexy's principles theory, and its connection with judicial avoidance represents a significant contribution and novel point in constitutional adjudication.

With cyberspace becoming a domain of inter-state conflict and confrontation, this book is one of the first studies of the ways in which international law can facilitate the peaceful settlement of inter-state cyber disputes. By employing theoretical and practical inquiries and analysis, the book examines the legal parameters of cyber dispute settlement; explores critical questions about the role of dispute settlement institutions and methods; and identifies and addresses related challenges. The book begins by considering the legal definition of a cyber dispute and the scope of the good faith obligation of states in settling their cyber disputes peacefully. It then examines the role of certain dispute settlement institutions (International Court of Justice, national courts, the EU, the Security Council) and dispute settlement methods (judicial, diplomatic, countermeasures, arbitration, conciliation, fact-finding). It also discusses how data disputes can be settled but also whether new and specialised mechanisms are needed. The book provides scholars, practitioners, and law students with immediate knowledge and understanding of the role of international law in the peaceful settlement of cyber disputes, as well as how international dispute settlement as a discipline and practice can apply to this new field.

Can traditional approaches to criminal jurisdiction adapt to the new global reality of the digital era? In this innovative book, leading experts in criminal, international and internet law unite to address this fundamental question. They consider how jurisdictional regimes are orientated around concepts of territoriality and extraterritoriality, how these categories are increasingly blurred in the digital era, and how a range of jurisdictional transformations are occurring in the process. Part I presents novel doctrinal, empirical and theoretical perspectives on criminal jurisdiction, exploring how states are shaping and reimagining jurisdictional concepts in the crafting and interpretation of criminal offences, and the ramifications of increasing jurisdictional concurrency in state practice. Part II focuses on the investigative and enforcement powers of the state to assess how these issues are transforming traditional understandings of jurisdictional rules and boundaries, the challenges and opportunities that these present for law enforcement authorities, and the sorts of constraints and safeguards that may be necessary as a result. The picture that emerges is a world of jurisdictional rules in a state of flux, which demands the diversity of legal perspectives presented in this book for documenting, rationalising and moving beyond the transformations that are taking shape in modern statecraft.

This book explores the judiciary's role in achieving substantive equality utilising statutory discrimination law. The normative literature suggests that to eliminate discrimination, courts have to adopt a more substantive interpretation of discrimination laws, but the extent to which this has occurred is variable. The book tackles the problem by exploring the idea that there needs to be a 'creative' interpretation of discrimination law to achieve substantive results. The author asks: is a 'creative' interpretation of statutory discrimination law consistent with the institutional role of the judiciary? The author takes a comparative approach to the interpretation of non-discrimination rights by considering the interpretation of statutory discrimination law in the UK, Canada and Australia. The book explores the differences in doctrine that have developed by considering key controversies in discrimination law: Who does discrimination law protect? What is discrimination? When can discrimination be justified? The author argues that differences in the case law in each jurisdiction are explained by the way in which the appropriate role for the courts in rights review, norm elaboration and institutional competence is conceived in each studied jurisdiction. It provides valuable reading for academics, policy makers and those researching discrimination law and statutory human rights.

This book looks at how European private international law is applied by English courts. Focusing on unjust enrichment claims, it asks the question (from the perspective of the litigant) whether the English courts have jurisdiction to hear and decide such disputes and, if so, whether they should exercise that jurisdiction? In answering the question, it examines the Brussels I, Rome I and Rome II regulations. Balancing theoretical explorations and practical problems, this important book will appeal to scholars and practitioners alike.