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Global Impact of the Ukraine Conflict: Perspectives from International Law
by Shuichi Furuya Hitomi Takemura Kuniko OzakiThe invasion of Ukraine by the Russian Federation and the subsequent military campaigns entail several classical aspects of armed conflict. First, it is a type of international armed conflict between two sovereign states that had been prevalent until the middle of the twentieth century but not in the last several decades. It is also a direct intervention by a superpower into a neighboring state with the former’s aspiration of territorial expansion. This action evokes a scheme of war reminiscent of the nineteenth or early twentieth century. At the same time, however, the invasion is generating in the international community a sense of new phenomena, leading to a new era that may be different from the past three decades following the end of the Cold War. In fact, the hostilities between the Russian Federation and Ukraine, as well as reactions by other states and international organizations, have raised legal and political issues that require scholars to reexamine existing frameworks of the international community and individual rules of international law. The process of applying international law to states is a dynamic one. Rules of international law may and should regulate the behavior of states and provide standards to decide whether a particular act by a state is permissible. At the same time, however, states may change or replace existing rules, and a significant event or series of such events may be a strong motivator to create a new legal framework. In this regard, rules of international law and the conduct of states are in a dialectical relationship. International law can both shape a mode of conduct and be shaped by that conduct—being its creator as well as its creation. The Ukraine conflict is not an exception. We can discuss the conduct of the Russian Federation, Ukraine, other states and international organizations and evaluate their legality and legitimacy from the viewpoint of existing rules. However, we may also reevaluate the current rules of international law through the lens of the Ukraine conflict and discuss possible changes to those rules in the future. Inspired by the latter aspect of the international legal process, the present book aims to examine the impact of the Ukraine conflict, whether salient or potential, on various rules of international law. Most of the authors are from Japan and other Asian countries that are geographically remote from the site of the conflict. It is often true, however — and particularly in this case — that those keeping an appropriate distance can look at relevant issues in a broader view and from a more objective perspective. To what extent and in what manner may the Ukraine conflict have an impact on the legal framework of the international community and the rules of international law? This book is the first to answer those questions in a comprehensive manner.
Independent Energy Regulation in a Developing Economy: Stakeholder Perspectives and Legal Interpretations
by Sudha Mahalingam Kapilan MahalingamThis book is an introduction to the challenges of independent regulation, a new governance institution introduced in developing economies in the wake of liberalization, to perform the role of a surrogate for competitive markets. It examines, in the Indian context, regulatory interpretation of key provisions of energy laws and regulatory statutes, as manifest in the adjudicatory orders of India’s petroleum and electricity regulators. The objective is to assess regulatory interpretations for consistency with the stated objectives of independent regulation. Comparing regulatory interpretation of energy laws with those of the higher judiciary, this study highlights the divergent perspectives of regulators and the higher judiciary on the role of independent regulation in a liberalized economy. In the process, this research attempts to gauge, not only the extent of regulatory expertise and independence in India’s energy space, but crucially, the Indian government's commitment to independence of regulators. The book also offers a glimpse of the operation of checks and balances in a relatively new institution situated outside the scope of the conventional Madisonian framework. Framed against the backdrop of extant regulatory theories, this book is of interest to regulators, policy makers, utility executives, students of law, economics and regulatory studies as well as lawyers interpreting regulators’ remit and role in a liberalized economy.
Environmental and Resource Protection Law
by Ke Zhou Luozhi Yi Xinjian Su Youhai SunThis book mainly focuses on environmental and resource law under Chinese law, involving secondary disciplines such as international law, civil law, administrative law and criminal law, as well as issues related to other first-class disciplines such as environmental science and ecology. The contents include general theory of environmental law (basic theory), prevention and control of environmental pollution, natural resources protection law and international environmental law. It basically covers all fields of China's environmental law and is a handy reference for those seeking to understand it.
Comparative Approaches in Law and Policy
by Joshua Aston Aditya Tomer Jane Eyre MathewThis book encompasses areas of research like comparative constitution, transformative constitution, environmental law, family law, child rights and so on. The main theme of the book is comparative law. We intend to incorporate into this book laws pertaining to diverse field wherein it can be compared with the laws of other countries which brings in better understanding and conceptual clarity. The book focuses on the jurisprudence of different countries which enables the readers or clientele to get a better understanding of the principles of comparative law. The book showcases the comparative law jurisprudence prevalent across the globe so as to make use of the best practices for the betterment of humanity.
The Right to Privacy 1914–1948: The Lost Years (SpringerBriefs in Law)
by Megan RichardsonThe book offers a provocative review of thinking about privacy and identity in the years encompassing and disrupted by the two world wars of the first half of the twentieth century – focusing (in particular) on the socio-technological transformations associated with modernism. It argues that, with many of the most interesting modern thinkers of the period dead or marginalised (or both) by 1948, their ideas about how rights such as privacy should develop to accommodate the exigencies of modern life failed to find much of a voice in the drafting of the Universal Declaration of Human Rights. Yet they anticipated in surprising ways some of our ‘new’ ways of thinking in more recent times. After a brief introduction, the chapters are framed in terms of case studies on the right to privacy, the right to data protection and the right to be forgotten, each finishing with a consideration of how these rights require further rethinking in the digital century.
Sustainable Boardrooms: Democratising Governance and Technology for Society and Economy (Responsible Leadership and Sustainable Management)
by Apoorvi Shrivastava Amlan BhusanThis book discusses various interactions in the sustainability and development sector. It presents a thematic approach to describe progressive models and cases on disruptions, innovations, regulatory and institutional evolution related to the area of sustainability, through an organizational and boardroom level governance lens. It documents how certain schools of thought, models of engagement and methods-platforms-practices impact society and while doing so, brings together varying theoretical debates, practicing models and instruments of transformation in green governance. Sustainable policy making demands a whole of government approach in decision-making processes. Further, inclusiveness and ‘green’ consciousness of corporate boardrooms are paramount, without which, effective socially responsible business practices are absurd. Human resource development, shaped on sustainable corporate ethics, requires well-trained sustainability specialists, managers that can think ‘green’ in their overall decision making which are essential for green governance. In this context, the book creates a functional, interpretive repertoire of stories, commentaries, life experiences, and reflections of corporate leaders, academics, and practicing consultants, on their decision-making processes, and how they interpret sustainability. These stories and thoughts help create a functional academic construct, which will assist academics teach ‘green’ competencies to business school students better, and entrepreneurs and business executives to better understand the idea of sustainable growth.
The River Chief System and An Ecological Initiative for Public Participation in China
by Yaguang Hao Tingting WanThis book provides an alternative agenda to deepening the understanding of the River Chief System as a distinctive responsibility approach to solve water pollution and associated governance dilemmas. Insightful analysis is performed through in-depth studies of the origins of China’s River Chief System, responsibility mechanisms, governmental and civil river chiefs, formal and informal water governing institutions, public participation, empowerment with accountability, and the environmental impact.
Biology of Forensically Important Invertebrates
by Shyamasree Ghosh Dhriti BanerjeeThis book emphasizes the important role of invertebrates in forensic sciences in the detection of crimes, determining the time and place of death, estimating the minimum Post-Mortem Interval (PMI), and determining the cause of death. The initial chapter discusses the forensically essential invertebrates, especially flies under Order Diptera. Further, the book highlights the importance, biology, taxonomy, and biodiversity of flies under Order Diptera with forensic importance. It also discusses the Cuticular HydroCarbons (CHC) and spectrometry-based studies reported from flies and larvae of forensic importance. It further reviews the importance of DNA barcoding in molecular taxonomy-based studies on forensic flies through understanding, identification, and grouping the organisms. Towards the end, this book presents the applications and limitations of forensic entomology in cases of animal cruelty to a veterinary professional.
Indian Business Groups and Other Corporations: Comparative Organisational Perspectives on Indian Corporate Firms (India Studies in Business and Economics)
by Achin Chakraborty Indrani ChakrabortyThis book contributes to growing literature on the role of business groups in the development of corporate sector and contains perspectives from the Indian economy. It brings together an array of well-researched papers that provide a comprehensive understanding of evolution and nature of the Indian business groups, as well as various aspects of their functioning. All chapters are primarily empirical, use appropriate quantitative techniques and are strongly grounded in relevant theories. This fine combination of data, techniques and theories is expected to provide the reader with in-depth understanding of the complex structures and behaviour of firms affiliated to business groups. Readers interested in the Indian corporate sector, especially Indian business groups, will find the book useful.
Research on Islamic Business Concepts: Proceedings of the 13th Global Islamic Marketing Conference, October 2022 (Springer Proceedings in Business and Economics)
by Veland Ramadani Baker Alserhan Léo-Paul Dana Jusuf Zeqiri Hasan Terzi Mehmet BayirliThis proceedings volume presents selected chapters from the 13th Global Islamic Marketing Conference, featuring contributions from renowned experts from around the world. The chapters offer an up-to-date overview of research and insights into Islamic business practices, with a specific focus on Islamic marketing and entrepreneurship strategies. Authored by experts hailing from diverse countries such as Malaysia, Indonesia, India, Pakistan, United Arab Emirates, Jordan, and Morocco, the chapters collectively provide a comprehensive understanding of the subject matter. Covering a wide range of topics including understanding Muslim consumer behavior and marketing, halal tourism and healthcare, entrepreneurship and business in Muslim societies, women empowerment and entrepreneurship, Islamic ethics and values in organizations, psychological factors and social issues, technology and future trends, and social and labor issues in Muslim societies, this book encompasses a global perspective on the subject matter. With the expertise and diverse backgrounds of the contributing authors, this book serves as an invaluable resource for researchers interested in delving into the intricacies of Islamic business practices. It also offers valuable insights and practical implications for business consultants seeking a deep understanding of conducting business in Islam-oriented regions. The collective knowledge and experiences shared by these renowned experts contribute to a comprehensive exploration of the topic, making this volume a significant contribution to the field of Islamic marketing and business studies.
Hazing (Ragging) at Universities: A Legal Perspective
by Aashish Srivastava Neerav Srivastava D.K. SrivastavaThis is the first socio-legal multi-jurisdictional study on hazing (ragging). This book considers four countries: the USA, India, Sri Lanka, and Australia. It states the legal position, identifies lacunas in law, and proposes possible legal solutions. Unfortunately, laws, regulations, and policies have failed to stamp out hazing from university campuses and residential colleges. Hazing has spiralled out of control in a number of countries. It has descended into a cruel, barbaric, and inhuman practice. The number of students subjected to hazing and sexual abuse is alarming. According to a 2022 survey, more than half (53%) of American students who were part of a fraternity or sorority experienced hazing. Students are murdered, harmed, abused, and suffer long-term trauma. The prevention of hazing is one of the most important responsibilities of 21st century universities. The theme of the book is that universities are in the best position to protect students from hazing and must play a vital role. As a sociological study, the book also considers why hazing occurs and what can be done to prevent it. Without engaging with the underlying causes, legal punitive measures continue to address the symptom rather than the cause. The book, therefore, explores how a more innovative approach to regulation can help tackle the cause. The book will be of interest to policy makers, regulators at universities, education and legal academics, and personal injury lawyers.
Digitalization and Competition Policy in Japan
by Shuya Hayashi Koki AraiThis book organizes the intent and purpose of the Japanese competition law (Antimonopoly Act) to address the digitalized socio-economy and provides a detailed explanation of its basic content as well as advanced issues. It includes an overview of Japanese law and its international position, a basic understanding of the big data and AI issues in today's competition law, and perspectives on high-tech regulation. In addition, it includes a variety of important topics, ranging from exploring principles to tackle digital regulatory realities, to understanding and analyzing the competitive realities of multisided markets. It also examines the relationship between information and competition law and that between consumer and competition law.Digitalization is a key concept in our economy and society today. Carbon neutrality initiatives, the need to improve productivity, globalization, and new ways of working are all seeking breakthroughs by way of digitalization. What’s more, digitalization requires free and fair competition in order to encourage technological innovation. The search for transparent and clear competition laws is essential to promote efficient and effective research and development and to promote public awareness through competition.
The Way of Urbanizing China
by Shilin LiuThe book conducts a comprehensive research study on China’s urbanization. It puts forward three theoretical development models of urban planning in China, i.e., the politics-oriented city, the economy-oriented city and the human-oriented cultural city. It makes objective evaluations of the development models of the politics-oriented city and the economy-oriented city. It suggests that relations between the government and the market should be straightened out to solve the hangovers of the development model of the politics-oriented city, and eco-civilization development and cultural development should be put on the top of the government’s agenda in order to cope with the recurring problems and complications brought about by the development model of the economy-oriented city.
The Indian Yearbook of Comparative Law 2020 (The Indian Yearbook of Comparative Law)
by Mathew John Vishwas H. Devaiah Pritam Baruah Moiz Tundawala Niraj KumarThis yearbook is a compilation of thematically arranged essays that critically analyse emerging developments, issues, and perspectives in the field of comparative law. It comprises three parts wherein the first part focuses on public law and its related issues, the second part engages with issues in the field of private law, and the third part discusses general themes in comparative law. The yearbook includes papers on comparative study between universalism and Asian exceptionalism under human rights perspective, reclaiming the German concept of the rule of law “Rechtsstaat”, the Guarantee Clause in global constitutionalism, administrative justice, constitution and culture, and the category of the ’stranger’ in modern legal and political thought. The Yearbook touches upon various issues, e.g., forest protection and the idea of Justice, the application of defamation law on politicians, the intersection of customary law relating to child marriage in different countries, hybrid statehood and Buddhist nationalism. Further, scholarly work on the themes of comparative law, customary law, environmental law, and constitutional law is also highlighted.The yearbook intends to seamlessly tie together discussions on both public and private law aspects of comparative law. It encourages readers to gain a nuanced understanding of the working of the law, legal systems and legal cultures while aiding deliberations on the constituents of an ideal system of law.
Integrity, Transparency and Corruption in Healthcare & Research on Health, Volume II (Accounting, Finance, Sustainability, Governance & Fraud: Theory and Application)
by Kıymet Tunca ÇalıyurtThis book continues the discussion from Volume I on the risks organizations face in order to succeed with a special focus on the challenges brought on by the COVID-19 virus crisis. Taking on an interdisciplinary focus, the book brings together research from academics and practitioners from all over the world. Topics considered range from corruption in the health sector and COVID-19, eHealth efforts of countries during the pandemic, and fiscal policies and transparency in data sharing for effective management of the pandemic to a path forward to achieve health for all.
Human Rights and Legal Services for Children and Youth: Global Perspectives
by Asha Bajpai David W. Tushaus Mandava Rama Krishna PrasadThis book discusses legal services clinics and various other access-to-justice initiatives that are established to protect and represent the rights and interests of children and youth in several countries across the globe. These could include legal services or access-to-justice clinics run by government or universities or community. The book has contributions from academicians, lawyers, researchers and legal professionals from several counties including India, UK, USA, Brazil, Australia, Indonesia, Poland, and Spain, which discuss how they represent children and youth in their countries. The book looks at how these access-to-justice initiatives currently provide assistance, what are the child friendly justice procedures they use, and best practices that can be replicable in other jurisdictions. The chapters contain findings of field research studies, some case studies, and models related to these topics. There are recommendations on ways to strengthen access-to-justice and legal services for empowering children and youth. The main goal is to create a resource for readers who want to expand child advocacy opportunities in their own universities and communities. The reader may also learn how to conduct legislative advocacy and case law advocacy to improve laws in other jurisdictions; and take-away best and replicable initiatives. The practices could be adaptable by other clinics and countries. The book will be useful to child rights advocates and defenders, students of law, legal researchers, civil society organizations, legal services authorities, legal aid institutions, educational institutions, school authorities, juvenile justice authorities, clinical legal educators, justice educators, justice practitioners and law and policy makers.
From Despotism to Democracy: How a World Government Can Save Humanity
by Torbjörn TännsjöThis book is about how best to respond to existential global threats posed by war and global heating. The stakes have become existential. A strong claim in the book is that we need a world state to save humanity. The book sheds new light on why this is so. The present author has long advocated global democracy. A strong argument against global democracy has been, however, that no state has ever been established without the resort to violence. In this book, the author bites the bullet and advocates a route to global democracy that passes through a phase where a global state is established in the form of global despotism. First despotism, then democracy! But, as the author insists and the reader will find, this is at most something we can hope for. We may fail. The moral importance of failure is thoroughly discussed.The book explored the following topics:· The tragedy of the commons is presented as the best explanation of why we do so little to obviate the causes behind climate change.· A world government presents a way out of the tragedy of the commons.· Standard arguments against a world state are examined.· The question of whether it matters if humanity goes extinct is taken seriously.· What if the attempt to establish a world state fails. The book is written by a philosopher, but the intended audience is broad. It has a place in courses in political philosophy, but it is possible for anyone who wants to do so to dig deeper into the questions should be able to read it. And regardless of whether you who read the book are a scholar or a layperson, there is no way for you to avoid its topic. Global existential issues concern all of us, regardless of profession or nationality.
Rights in Practice for People with a Learning Disability: Stories of Citizenship
by Liz Tilly Jan WalmsleyThis book aims to raise awareness about the possibility of achieving the goals of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), in order for all disabled people to enjoy the benefit of human rights. The stories of people who have been supported to enjoy their rights and their citizenship will enable readers to focus on how services and support can enable people with a learning disability to have their rights upheld, with an outcome of citizenship, independence and achievement. Despite the UNCRDP being in place since 2006, a significant number of learning disability service provider organisations and professionals in the UK are not aware of its existence. This book aims to bridge the gap between policy and practice to demonstrate the value of a human rights approach as the foundation for services and support for people with a learning disability.
Navigating Nuclear Energy Lawmaking for Newcomers: An Asian Perspective (International Law in Asia)
by Ridoan Karim Eric Yong LeeThis book provides a comprehensive overview of the legal and regulatory framework for the nuclear industry from an Asian perspective. It includes information on the history of nuclear lawmaking, the key international treaties and agreements that govern the use of nuclear energy, the role of national and regional regulatory bodies, and the legal and policy issues that arise in the development and operation of nuclear power plants. The book also covers topics such as nuclear safety, security, waste management, environmental protection, and liability for nuclear accidents. Additionally, it provides insights into the legislative process and the various stakeholders involved in nuclear lawmaking, such as industry, government, and civil society organizations. The overall goal of this book is to provide a detailed and up-to-date understanding of the legal and regulatory framework for the nuclear newcomers, particularly in Asia, and to help readers navigate this complex and dynamic field.The book is also used as a guide for all nuclear energy-producing countries, lawmakers, students, researchers, or even for general readers to understand the perspectives of international nuclear energy law.
Women's Empowerment and Public Policy in the Arab Gulf States: Exploring Challenges and Opportunities (Gulf Studies #11)
by Rabia NaguibThis open access book explores the various dimensions of women’s empowerment in public policy in the Gulf Cooperation Council (GCC) region, with a particular focus on Qatar, comparing the country to the other Gulf states. Through its rich compilation of empirical qualitative research, the text unpacks the various ways in which women’s empowerment materializes in the GCC context, providing insights into public policy perspectives in high-income rentier states more broadly. The Arab world has long been part of the global dialogue on women’s economic and political empowerment and the GCC has, over the past decade, situated women’s empowerment amongst their respective national priorities and long-term strategies. In turn, the Gulf has seen gradual implementation of policies aimed at women, specifically, in looking to attract and retain them in the labour market, and in the public sector more broadly. The collection surveys and evaluates the progress made in recent decades, paying close attention to the cultural and policy constraints still limiting women’s empowerment in the Gulf. With a key linkage to SDG5, this book is a timely text addressing the context and drivers behind policies centering on women in the Arab region, in its analysis of the interplay of international women’s empowerment discourse and regional public policy decisions. It is relevant to researchers and policy makers focused on women and gender issues in relation to social, cultural, economic, and political empowerment in the Gulf specifically, but also in the Arab world and beyond.
Ethical Innovation for Global Health: Pandemic, Democracy and Ethics in Research
by Chieko Kurihara Dirceu Greco Ames DhaiThis volume captures the recent changes and evolution in ethics in research involving humans and provides future directions to achieve alternative drug development strategies for equitable global health. It presents ethical considerations in current day clinical trials and new trends of ethics in research. It also describes the historical context, illustrates the process in alternative paradigms to achieve democracy after World War II, how the framework of ethics in research was established in different regions, and policies implemented to protect research participants from the exploitation of new drug development. The book is organized into three themed parts: relevant constructions from Brazil, South Africa, Taiwan, South Korea, and Japan; historical and international perspectives of principles of ethics in research; and alternative frameworks of clinical development and innovation. Ethical Innovation for Global Health: Pandemic, Democracy and Ethics in Research is an informative resource for academic researchers, the global pharmaceutical industry, regulators, civil society and other role players involved in global health. It is contributed to by leaders in global policy development in research ethics, and experts in drug development activities with its trajectory being global health. The COVID-19 pandemic, as a global disaster, necessitated not only socio-economic but also cultural transformation. While effective vaccines were developed under a successful new methodology, there remains inequity of distribution of these vaccines globally. The book re-engages with the notion of the primacy of distributing results of scientific innovation to those who most require the benefits.
Algorithmic Discrimination and Ethical Perspective of Artificial Intelligence (Accounting, Finance, Sustainability, Governance & Fraud: Theory and Application)
by Muharrem Kılıç Sezer Bozkuş KahyaoğluThis book delves into the complex intersection between artificial intelligence and human rights violations, shedding light on the far-reaching implications within the framework of discrimination and the pivotal role equality bodies play in combatting these issues. Through a collaborative effort between the Human Rights and Equality Institution of Türkiye (HREIT) and Hasan Kalyoncu University, the groundbreaking "International Symposium on the Effects of Artificial Intelligence in the Context of the Prohibition of Discrimination" took place on March 30, 2022, in Gaziantep. This book is the outcome of this symposium, bringing attention to the alarming issues of "bias and discrimination" prevalent in the application of artificial intelligence. With a commitment to Sustainable Development Goal 8.10 of safeguarding human rights in the digital realm and countering the adverse effects of artificial intelligence, this work is an essential contribution to the Human Rights Action Plan. Comprising an array of insightful chapters, this book offers an in-depth exploration of artificial intelligence technologies, encompassing a broad spectrum of topics ranging from data protection to algorithmic discrimination, the deployment of artificial intelligence in criminal proceedings to combating hate speech, and from predictive policing to meta-surveillance. It aims to serve as a call to action, urging societies and policymakers to acknowledge the potential threats posed by AI and recognize the need for robust legislative frameworks and ethical principles to ensure that international standards on human rights are upheld in the face of technological advancements.
Selected Cases from the Supreme People’s Court of the People’s Republic of China: Volume 4 (Library of Selected Cases from the Chinese Court)
by Feng Zhu Wenyan Ding Hongyu Han Qiujing MaThis book includes focal and vital cases tried by presiding justices, guiding cases from the Supreme People’s Court, and cases discussed at the Joint Meetings of Presiding Judges from various tribunals. This book is divided into three sections, including Cases by Justices, Guiding Cases, and Typical Cases, which will introduce readers to Chinese legal processes, legal methodology, and ideology in an intuitive, clear, and accurate manner. This book presents cases selected by the trial departments of the Supreme People’s Court of China from their concluded cases. In order to give full weight to the legal value and social function of cases from the Supreme People’s Court, and to achieve the goal of “serving the trial practices, serving economic and social development, serving legal education and legal scholarship, serving legal exchanges among Chinese and foreign legal communities, and serving the rule of law in China”, the China Applied Jurisprudence Institute, with the approval of the Supreme People’s Court, opts to publish Selected Cases from the Supreme People’s Court of the People’s Republic of China in both Chinese and English, for domestic and overseas distribution.
Continuous Disclosure of Chinese Cross-Border Listed Companies in Australia: Challenges and Proposals (Contemporary Chinese Civil and Commercial Law)
by Belle Qi GuoThis book studies an overarching question of the challenges faced by Chinese lawmakers, Chinese listed companies, Chinese companies’ external advisers, and securities regulators in dealing with Chinese cross-border listed companies’ continuous disclosure in Australia, and how can these challenges be addressed. Chinese listed companies are struggling to meet the continuous disclosure requirements while listing in Australia and have even been depicted as having poor corporate governance and transparency. Many get delisted from the securities market in Australia subsequently due to non-compliance in continuous disclosure or are straight rejected from listing because of continuous disclosure compliance concerns. This book cuts in from this angle and delves deep into the overarching question through the following four sub-questions: What are the theories and policies behind the continuous disclosure regimes in Australia and China and how have they been differently implemented in the securities markets in these two countries? What are the deficiencies, at the intracompany level, contributing to Chinese cross-border listed companies’ non-compliant continuous disclosure in Australia? What are the limitations, from the perspective of external advisers’ efforts, contributing to Chinese cross-border listed companies’ non-compliant continuous disclosure in Australia? What are the difficulties, at the regulatory level, contributing to Chinese cross-border listed companies’ non-compliant continuous disclosure in Australia? In addressing these questions and putting forward corresponding reform proposals, this book takes not only legal but also historical, cultural, and political-economic factors into consideration.
The Law and Ethics of Data Sharing in Health Sciences (Perspectives in Law, Business and Innovation)
by Marcelo Corrales Compagnucci Timo Minssen Mark Fenwick Mateo Aboy Kathleen LiddellData sharing – broadly defined as the exchange of health-related data among multiple controllers and processors – has gained increased relevance in the health sciences over recent years as the need and demand for collaboration has increased. This includes data obtained through healthcare provisions, clinical trials, observational studies, public health surveillance programs, and other data collection methods. The practice of data sharing presents several notable challenges, however. Compliance with a complex and dynamic regulatory framework is essential, with the General Data Protection Regulation being a prominent example in a European context. Recent regulatory developments related to clinical trial transparency, trade secrecy, data access, AI training data, and health data spaces further contribute to the difficulties. Simultaneously, government initiatives often encourage scientists to embrace principles of “open data” and “open innovation.”The variety of regulations in this domain has the potential to impede widespread data sharing and hinder innovation. This edited volume, therefore, compiles comparative case studies authored by leading scholars from diverse disciplines and jurisdictions. The book aims to outline the legal complexities of data sharing. By examining real-world scenarios from diverse disciplines and a global perspective, it explores the normative, policy, and ethical dilemmas that surround data sharing in the health sciences today.Chapter Patient Perspectives on Data Sharing, Chapter Supplementary Measures and Appropriate Safeguards for International Transfers of Health Data after Schrems II are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.