Ysec Yearbook Of Socio Economic Constitutions 2021
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Ysec Yearbook Of Socio Economic Constitutions 2021
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Author : Steffen Hindelang
language : en
Publisher: Springer Nature
Release Date : 2022-07-12
Ysec Yearbook Of Socio Economic Constitutions 2021 written by Steffen Hindelang and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-07-12 with Law categories.
This volume addresses contemporary challenges, enabled by modern technology, that concern upholding freedom of speech where it conflicts with social rights, such as respect for private and family life, and with economic rights, such as the freedom to conduct business or the right to free movement. In today’s networked world, technological shifts happen faster than most people even realize. Some of these shifts have made us all potentially powerful: media powerful. We used to sit in silence in front of newspapers and TV screens, and the world was explained to us by just a few sources. Today, thanks to the Internet, social media, and Web 2.0, we can not only share our own thoughts with everyone in a more self-determined way, but we can also take part in public debate and even co-shape it ourselves. Of course, the Internet is not a counter-design to the communication (power) structures of the past. Gains in communicative self-determination are threatened due to algorithmisation, platformisation, and value extraction from self-created private markets. At the same time, the empowerment of the individual challenges the old “grand speakers” who are suddenly detecting “fake news”, echo chambers, and filter bubbles everywhere on the Internet. Internet-based communication allegedly hinders us from the “one truth”; as if newspaper hoaxes, propaganda, and narrow-mindedness were an invention of the Internet. The current heated debate over “fake news”, copyright, and “upload filters” shows that we are unsure of how to deal with the newer and more complex phenomena of Internet-based speech. This is due in no small part to the fact that an important benchmark – our constitutional compass – is still firmly rooted in the past. Constitutions change far more slowly than technologies. Societal changes can drive constitutional changes; but what about normative content control? Today, there are already demands for “old-school clarity”: truth filters on social media platforms, horrendous sums of liability for platforms that encourage (overly)thorough cleaning up. However, it is equally true that private individuals “regulate”: they decide what is found on the Internet and who may post on a given platform. Accounting for all interests at play and striking a “fair” balance that avoids both a public and private over- and under-regulation is a complex matter. The authors of this volume not only provide reflections in their highly topical contributions, but also share their understanding of what constitutes a fair balance within the larger frame of freedom of speech in a digital age.
Ysec Yearbook Of Socio Economic Constitutions 2024
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Author : Steffen Hindelang
language : en
Publisher: Springer Nature
Release Date : 2025-06-21
Ysec Yearbook Of Socio Economic Constitutions 2024 written by Steffen Hindelang and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-06-21 with Law categories.
The fifth volume of the Yearbook of Socio-Economic Constitutions (YSEC Yearbook) offers an in-depth exploration of socio-economic constitutionalism, a field gaining rapidly in importance as global economies shift. Established equilibria between economic freedoms and socio-political interests are under pressure. This volume addresses contemporary issues, illustrating the balances between constitutional principles, economic goals, and socio-political values. Bridging theory and practice, it begins with foundational theories, advances through national applications, and concludes with global challenges. At its core is the socio-economic constitution, with authors examining how different jurisdictions interpret and apply this concept. The initial chapters lay a theoretical foundation. The volume then explores national approaches (Belgium, France, Germany, South Africa, South Korea, Sweden, Switzerland and also the EU), showcasing how countries adapt socio-economic constitutional principles to their historical, cultural, and legal contexts. The volume explores then the interplay of different constitutional interests at EU and international level, e.g., the EU’s balancing act between sustainability and consumer welfare when it comes to competition law or foreign investment screening at the intersection of economic security and national sovereignty. By moving from theory to national models and global issues, this YSEC volume offers a comprehensive contemporary view of socio-economic constitutionalism. It illustrates how constitutions are evolving to address today’s challenges, blending economic, social, and environmental concerns within a constitutional framework. This work is essential for readers seeking to understand how socio-economic constitutional principles can bridge theory and practice in today’s world.
Ysec Yearbook Of Socio Economic Constitutions 2023
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Author : Eduardo Gill-Pedro
language : en
Publisher: Springer Nature
Release Date : 2024-05-06
Ysec Yearbook Of Socio Economic Constitutions 2023 written by Eduardo Gill-Pedro and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-05-06 with Law categories.
Artificial intelligence (AI) has the potential to radically transform our society. It may lead to a massive increase in the capabilities of humankind and allow us to address some of our most intractable challenges. It may also entail profound disruption to structures and processes that have sustained our society over centuries. These developments present a unique challenge to the socio-economic constitutional arrangements which govern our world at national, regional and international level. The deployment of increasingly powerful AI systems, able to function with increasing degree of autonomy, has led to concerns over loss of human control of important societal processes, over the disruption of existing economic, social and legal relationships, and over the empowerment of some societal actors at the expense of others, together with the entrenchment of situations of domination or discrimination. It has also made increasingly clear how tremendous the potential benefits, that these technologies may bring, are to those who successfully develop and deploy them. There is therefore great pressure on governments, international institutions, public authorities, civil society organisations, industry bodies and individual firms to introduce or adapt mechanisms and structures that will avoid the potentially negative outcomes of AI and achieve the positive ones. These mechanisms and structures, which have been given the umbrella term ‘AI governance’, cover a wide range of approaches, from individual firms introducing ethical principles which they volunteer to abide by, to the European Union legislating an AI Act, which will prohibit certain types of AI applications and impose binding obligations on AI developers and deployers. The fast pace of innovation in the development of AI technologies is mirrored by the fast pace of development of the emerging field of AI governance, where traditional legislation by public bodies is complemented with more innovative approaches, such ashybrid and adaptive governance, ethical alignment, governance by design and the creation of regulatory sandboxes. The chapter “AI and Sensitive Personal Data Under the Law Enforcement Directive: Between Operational Efficiency and Legal Necessity” is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
Ysec Yearbook Of Socio Economic Constitutions 2022
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Author : Eva Storskrubb
language : en
Publisher: Springer Nature
Release Date : 2023-10-12
Ysec Yearbook Of Socio Economic Constitutions 2022 written by Eva Storskrubb and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10-12 with Law categories.
Funding of justice has significant consequences for the enforcement of rights and impacts directly on access to justice and the right to a fair trial as constitutional rights. Access to justice in turn essentially impacts on the effective enjoyment of any other constitutional right, since having the actual means to access a court in case of a potential breach strengthens that right. Public funding, such as legal aid, has come under pressure due to the reality of financial austerity measures and the tightening public budgets in many countries. This has contributed to privatization and marketisation of funding in ever more jurisdictions. Private forms of funding include inter alia litigation insurance, third-party litigation finance and crowdfunding, as well as different forms of assigning or selling claims. As public funding is in decline and as market liberalization in the field of justice increases, crucial questions related to the rule of law, access to justice and social and economic development, in the intersection between states, citizens and business are raised. For example, potential questions of conflict of interest and how to ensure a basic level of equality of access to funding, whilst at the same time protecting market freedom. Some of the contributions in the volume deal with the consequences of privatization of funding of justice on access to justice from a general, principled and theoretical perspective. Other contributions deal with specific regulatory developments or issues at the EU level, alternatively at the local level in specific jurisdictions. Further contributions deal with crucial issues of funding of justice in environmental matters, that are increasingly relevant and topical in practice.
Weaponising Investments
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Author : Jens Hillebrand Pohl
language : en
Publisher: Springer Nature
Release Date : 2024-02-20
Weaponising Investments written by Jens Hillebrand Pohl and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-20 with Law categories.
This second volume of highly topical two-volume set “The Investment Weapon” continues to present pioneering research for the purpose of developing a common analytical foundation and framework for the emerging interdisciplinary research field of investment control. This second volumes shifts the focus from the policy context to the legal and regulatory aspects of investment controls, specifically from an international, transnational, and comparative law perspective. The topics range from control of subsidized investments to non-national security related investment controls and alternatives to investment screening.
Ysec Yearbook Of Socio Economic Constitutions 2020
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Author : Steffen Hindelang
language : en
Publisher: Springer Nature
Release Date : 2021-03-29
Ysec Yearbook Of Socio Economic Constitutions 2020 written by Steffen Hindelang and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-29 with Law categories.
This book presents the very first, interdisciplinarily grounded, comprehensive appraisal of a future “Common European Law on Investment Screening”. Thereby, it provides a foundation for a European administrative law framework for investment screening by setting out viable solutions and evaluating their pros and cons. Daimler, the harbour terminal in Zeebrugge, or Saxo Bank are only three recent examples of controversially discussed company takeovers in Europe. The “elephant in the room” is China and its “Belt and Road Initiative”. The political will in Europe is growing to more actively control investments flowing into the EU. The current regulatory initiatives raise several fundamental, constitutional and regulatory issues. Surprisingly, they have not been addressed in any depth so far. The book takes stock of the current rather fragmented regulatory approaches and combines contributions from leading international academics, practitioners, and policy makers in their respective fields. Due to the volume’s comprehensive approach, it is expected to influence the broader debate on the EU’s upcoming regulation of this matter. The book is addressed to participants from academia as well as to representatives from government, business, and civil society.
Asian Yearbook Of International Economic Law 2023
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Author : Marc Bungenberg
language : en
Publisher: Springer Nature
Release Date : 2023-10-26
Asian Yearbook Of International Economic Law 2023 written by Marc Bungenberg and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10-26 with Law categories.
The Asian Yearbook of International Economic Law (AYIEL) 2023 addresses the rapidly evolving field of international economic law with a special focus on Asia and the Pacific. This region has long been and remains a major engine of the world economy; at the same time, it is characterized by a host of economies with varying developmental levels, economic policies and legal jurisdictions. The AYIEL 2023 therefore focuses on international economic law, especially on security and industrial policy.
Screening Foreign Direct Investment In The Eu
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Author : Jens Velten
language : en
Publisher: Springer Nature
Release Date : 2022-07-19
Screening Foreign Direct Investment In The Eu written by Jens Velten and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-07-19 with Law categories.
Foreign Direct Investment (FDI) from third countries—a desirable form of investment to boost the EU’s economy or a threat to important EU and Member State interests that must be mitigated via FDI screening mechanisms? FDI screening is a complex, controversial and highly topical subject at the intersection of law, politics and economics. This book analyzes the political rationale behind FDI screening in the EU, reveals the legal limitations of current FDI screening mechanisms based on security and public order, and identifies legislative options for broader screening mechanisms in accordance with EU and international economic law. In particular, the book identifies the four main concerns in the EU regarding FDI from third countries: distortive competition effects; the lack of reciprocity on FDI treatment between the EU and the investor’s home country; objectives of the investor or their home country that may be detrimental to EU interests; and safety of private information. On this basis, the book analyzes the Screening Regulation (Regulation (EU) 2019/452) and its newly introduced screening ground “security or public order” and asks whether this and other similar screening grounds based on the notions of security, public order and public policy can address these concerns with regard to foreign investors. Based on an analysis of WTO law and EU primary law, it argues that they cannot. Thus, the question arises: Do the EU and Member States have the flexibility to adopt broader FDI screening mechanisms? To answer this question, the book examines the freedoms of capital movement and establishment in EU primary law, as well as various sources of international economic law such as, first and foremost, the WTO’s General Agreement on Trade in Services, but also other bi- and plurilateral trade and investment treaties, including the EU-China Comprehensive Agreement on Investment. In closing, the book identifies various legislative options for broader FDI screening mechanisms—and their shortcomings.
Chinese Investments And The Economic Security Turn In Europe
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Author : Francesca Ghiretti
language : en
Publisher: Policy Press
Release Date : 2025-01-10
Chinese Investments And The Economic Security Turn In Europe written by Francesca Ghiretti and has been published by Policy Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-01-10 with Political Science categories.
Focusing on inward foreign direct investment (FDI) screening, this book provides an in-depth analysis of how European states’ economic interactions with China have become a security issue. Based on 100 interviews with scholars, journalists, policy makers, and politicians from across Europe, the book underscores the importance of the policy making process that led to the adoption of investment screening in European nations. It adopts the theory of securitization to analyse the passage of the status of Chinese FDI from economy to security. In doing so, it shows how the shifting view of Europeans is attributed to changes such as China’s growing economic presence, the persistence of non-market practices, the loss of competitiveness, and the use of economic statecraft.
Psybersecurity
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Author : Oliver Guidetti
language : en
Publisher: CRC Press
Release Date : 2024-09-09
Psybersecurity written by Oliver Guidetti and has been published by CRC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-09-09 with Psychology categories.
Psybersecurity: Human Factors of Cyber Defence is a clarion call to action in the face of a stark reality: over 90% of cyberattacks exploit human vulnerabilities, as highlighted by the 2022 Global Risks Report from the World Economic Forum. This gap between the rapid advancement of cyber security technologies and the slower pace of development in human-centric defences poses a formidable challenge to national security and personal safety. Amidst the dazzling progress of AI technologies like ChatGPT and Microsoft Security Co-Pilot, the human element of cyber security remains critically underdeveloped. Set against the backdrop of the Australian government's ambitious goal to become the world's most cybersecure nation by 2030, this book embarks on a mission to address the overlooked human factors in cyber defence. It advocates for a balanced approach that not only relies on technological advancements but also significantly enhances the human aspects of cyber security. Through an interdisciplinary exploration, Psybersecurity delves into how cyberthreats exploit human vulnerabilities and offers innovative solutions for building resilience against these vulnerabilities. It examines the necessity for cyber security strategies that encompass psychological insights, systemic resilience, and the mitigation of human errors, particularly within critical infrastructures and cyber-physical systems (CPS). Furthermore, this work critiques existing cyber security education frameworks, proposing a comprehensive curriculum that equips individuals with technical skills and the behavioural competencies needed to navigate the cyber landscape ethically and effectively. It also addresses AI's ethical dilemmas and psychological impacts, offering a forward-looking perspective on combating AI-driven harassment and endorsing a new field of study: "Psybersecurity." Psybersecurity: Human Factors of Cyber Defence aims to bridge the gap between cyber security and human sciences, ignite a transformation in understanding, and fortify our digital world. It is an essential read for academics, professionals, and anyone committed to building a safer, more resilient cyber future in alignment with Australia's 2030 vision.