Legal Spaces
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| Author | : Sabine Müller-Mall |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 144 |
| Release | : 2013-04-09 |
| Genre | : Law |
| ISBN | : 3642367305 |
This book is concerned with a central question in contemporary legal theory: how to describe global law? In addressing this question, the book brings together two features that are different and yet connected to one another: the conceptual description of contemporary law on the one hand, and methods of taking concrete perspectives on law on the other hand. The book provides a useful concept for describing global law: thinking of law spatially. It illustrates that space is a concept with the capacity to capture the relationality, dynamics, and hybridity of law. Moreover, this book investigates the role of topological thinking in finding concrete perspectives on law. Legal Spaces offers an innovative and interdisciplinary approach to law.
| Author | : Tommaso Natoli |
| Publisher | : Springer Nature |
| Total Pages | : 270 |
| Release | : 2019-09-12 |
| Genre | : Law |
| ISBN | : 3030209296 |
This book examines the challenges posed to contemporary international law by the shifting role of the border, which has recently re-emerged as a central issue in international relations. It posits that borders do not merely correspond to States’ boundaries: indeed, while remaining a fundamental tool for asserting States’ power, they are in fact a collection of constantly changing spatial limits. Consequently, the book approaches borders as context-specific limits and revisits notions traditionally linked to them (jurisdiction, sovereignty, responsibility, individual rights), while also adopting the innovative approach of viewing borders as phenomena of both closedness and openness. Accordingly, the first part of the book addresses what happens “within” borders, investigating the root causes of the emergence of spatial limits and re-assessing apparent extra-territorial assertions of State power. In turn, the second part not only explores typical borderless spaces, but also more generally considers the exercise of States’ and international organisations’ powers and prerogatives across or “beyond” borders.
| Author | : Katrin Seidel |
| Publisher | : Routledge |
| Total Pages | : 288 |
| Release | : 2020-06-09 |
| Genre | : Law |
| ISBN | : 1000060969 |
African legal realities reflect an intertwining of transnational, regional, and local normative frameworks, institutions, and practices that challenge the idea of the sovereign territorial state. This book analyses the novel constellations of governance actors and conditions under which they interact and compete. The work follows a spatial approach as the emphasis on normative spaces opens avenues to better understand power relations, processes of institutionalization, and the production of legitimacy and normativities themselves. Selected case studies from thirteen African countries deliver new empirical data and grounded insights from, and into, particular normative spaces. The individual chapters explore the interrelationships between various normative orders, diverse actors, and their influences. The encounters between different normative understandings and actors open up space and multiple forums for negotiating values. The authors analyse how different doctrines, institutions, and practices are constructed, contested, negotiated, and adapted in translation processes and thereby continuously reshape Africa’s multidimensional normative spaces. The volume delivers nuanced views of jurisprudence in Africa and presents an excellent resource for scholars and students of anthropology, legal geography, legal studies, sociology, political sciences, international relations, African studies, and anyone wishing to gain a better understanding of how legal constellations are shaped by unreflected assumptions about the state and the rule of law.
| Author | : Игорь Барциц |
| Publisher | : Litres |
| Total Pages | : 103 |
| Release | : 2020-02-17 |
| Genre | : Law |
| ISBN | : 5042337091 |
This paper studies the notion and content of constitutional space, its integral parts and components, key features and principles in order to help identify the spatial limits of state power and provide efficient legal support to integration processes. To articulate the multifaceted concept of constitutional space, the author has analyzed the approaches of a number of Russian and international researchers which allowed him to trace how this concept developed from the fl at territory-bound format to a valuecentric three-dimensional presentation or so-called 3D format.The purpose of this paper is to define the concept of constitutional space, its content and role in the context of state building aimed at ensuring territorial integrity, unity of the Russian system of law and more efficient use of the mechanisms provided by federal agreements based on the analysis of scientific information sources and constitutional norms.
| Author | : Julian Hermida |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 302 |
| Release | : 2006-04-11 |
| Genre | : Science |
| ISBN | : 1402025327 |
A. GENERAL BACKGROUND “The foremost goal of the international community in the area [of private space launch services] should be to induce states to implement effective licensing procedures applicable to commercial ventures for which state responsibility may 1 exist. ” 1. PRIVATE SECTOR PARTICIPATION IN THE SPACE INDUSTRY In the first decades of the space age, military and state security motivations indicated the direction of national space programs. Now the development of space activities depends essentially upon the possibility of recovering 2 investments. Private sector-driven commercial endeavors in outer space have been increasing exponentially and have experienced a significant quantitative growth over the last years. Spacefarers promote commercial participation of private companies in operations related to outer space, and, thus, the private sector is now increasingly providing satellite telecommunications, remote sensing, global positioning and space launch services directly to its customers. In this context, overall revenues for the worldwide space industry 3 amounted to US$ 82 billion in 2001. In the late 1990’s the transponder demand, in particular Ku- band transponders, was consistently on the rise due 4 to the escalated utilization of geostationary satellite transponders. Global positioning systems have been playing an increasingly important role in navigation, and remote sensing systems are mapping and documenting nearly 1 E. A. Frankle & E. J. Steptoe, “Legal Considerations Affecting Commercial Space Launches From International Territory”, (1999) 50 IISL at 10. Emphasis added. 2 H. L.
| Author | : Leif Dahlberg |
| Publisher | : Routledge |
| Total Pages | : 333 |
| Release | : 2016-04-20 |
| Genre | : Law |
| ISBN | : 1317396537 |
Examining the inherent spatiality of law, both theoretically and as social practice, this book presents a genealogical account of the emergence and the development of the juridical. In an analysis that stretches from ancient Greece, through late antiquity and early modern and modern Europe, and on to the contemporary courtroom, it considers legal and philosophical texts, artistic and literary works, as well as judicial practices, in order to elicit and document a series of critical moments in the history of juridical space. Offering a more nuanced understanding of law than that found in traditional philosophical, political or social accounts of legal history, Dahlberg forges a critical account of the intimate relations between law and politics that shows how juridical space is determined and conditioned in ways that are integral to the very functioning – and malfunctioning – of law.
| Author | : Abbas Rajabifard |
| Publisher | : CRC Press |
| Total Pages | : 267 |
| Release | : 2019-06-11 |
| Genre | : Architecture |
| ISBN | : 135103233X |
Rapid urbanization has created an unprecedented pressure on the use of land in cities around the world, resulting in physical and legal complexities. This book explains the theoretical basis and practicality of connecting urban land administration practices with the 3D digital data environment of Building Information Modelling (BIM). The main focus is to adopt a BIM-based paradigm for enhancing communication and management of complex ownership rights in multi-story buildings, which are prevalent in urban built environments. This book first elaborates on a range of data elements required for managing legal information in current land administration practices pertaining to subdivision of legal interests within multi-story building developments. It then explains how an open data model in the BIM domain – Industry Foundation Classes (IFC) – can be extended with legal data elements to lay the foundation for adopting BIM in urban land administration. The book also highlights benefits and barriers of implementing BIM-enabled urban land administration. Features Explains the theoretical basis and practicality of connecting urban land administration practices with the 3D digital data environment of BIM. Highlights the existing challenges associated with current practice of urban land administration for multi-story buildings. Introduces the potential of 3D digital environment of BIM for the purpose of mapping and registering legal interests. Describes how BIM-based data models can be extended for recording, managing, and representing legal ownership of properties over a building's lifecycle. Includes models of multi-story buildings as case studies to demonstrate the feasibility of extended BIM-based data models.
| Author | : Tugba Basaran |
| Publisher | : Routledge |
| Total Pages | : 330 |
| Release | : 2010-09-21 |
| Genre | : History |
| ISBN | : 1136902120 |
This book focuses on security practices, civil liberties and the politics of borders in liberal democracies. In the aftermath of 9/11, security practices and the denial of human rights and civil liberties are often portrayed as an exception to liberal rule, and seen as institutionally, legally and spatially distinct from the liberal state. Drawing upon detailed empirical studies from migration controls, such as the French waiting zone, Australian off-shore processing and US maritime interceptions, this study demonstrates that the limitation of liberties is not an anomaly of liberal rule, but embedded within the legal order of liberal democracies. The most ordinary, yet powerful way, of limiting liberties is the creation of legal identities, legal borders and legal spaces. It is the possibility of limiting liberties through liberal and democratic procedures that poses the key challenge to the protection of liberties. The book develops three inter-related arguments. First, it questions the discourse of exception that portrays liberal and illiberal rule as distinct ways of governing and scrutinizes liberal techniques for limiting liberties. Second, it highlights the space of government and argues for a change in perspective from territorial to legal borders, especially legal borders of policing and legal borders of rights. Third, it emphasizes the role of ordinary law for illiberal practices and argues that the legal order itself privileges policing powers and prevents access to liberties. This book will be of interest to students of critical security studies, social and political theory, political geography and legal studies, and IR in general.
| Author | : |
| Publisher | : Oxford University Press |
| Total Pages | : 353 |
| Release | : 2024-04-04 |
| Genre | : Law |
| ISBN | : 0198899432 |
This book takes an unflinching look at the roles and functions played by the idea of universality in international legal discourses, as well as the narratives of progress that often accompany it. In doing so, it provides a critical appraisal of the mechanisms of inclusion and exclusion attendant to international law and its universalist discursive strategies. Universality is therefore not reduced to the question of the geographical outreach of international law but is instead understood in terms of boundaries. This entails examining how the idea of universality was developed in the dominant vernaculars of international law - primarily English and French - before being universalised and imposed upon international lawyers from all traditions. This analysis simultaneously offers an opportunity to revisit the ideologies that constitute the identity of international lawyers today, as well as the socialisation and legal educational processes that international lawyers undergo. With an emphasis on the binaries that arise from the invocation of the idea of universality in international legal discourses, this book sheds new light on the idea of universality as a fraught site of contestation in international legal discourses.
| Author | : Federico Bergamasco |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 253 |
| Release | : 2020-07-09 |
| Genre | : Law |
| ISBN | : 9403501111 |
Cybersecurity Key Legal Considerations for the Aviation and Space Sectors Federico Bergamasco, Roberto Cassar, Rada Popova & Benjamyn I. Scott As the aviation and space sectors become ever more connected to cyberspace and reliant on related technology, they become more vulnerable to potential cyberattacks. As a result, cybersecurity is a growing concern that all stakeholders in both sectors must consider. In this forward-looking book, which is the first comprehensive analysis of the relevant facets of cybersecurity in the aviation and space sectors, the authors explore the vast spectrum of relevant international and European Union (EU) law, with specific attention to associated risks, existing legal provisions and the potential development of new rules. Beginning with an overview of the different types of malicious cyber operations, the book proceeds to set the terminological landscape relevant to its core theme. It takes a top-down approach by first analysing general international and EU law related to cybersecurity, then moving to the more specific aspects of the aviation and space sectors, including telecommunications. Finally, the salient features of these analyses are combined with the practical realities in the relevant industries, giving due regard to legal and regulatory initiatives, industry standards and best practices. The broad range of issues and topics covered includes the following and more: whether the various facets of the international law on conflict apply in cyberspace and to cyberattacks; substantial policy and regulatory developments taking place at the EU level, including the activities of its relevant institutions, bodies and entities; jurisdiction and attributability issues relevant to cybersecurity in the aviation and space sectors; vulnerability of space systems, including large constellations, to malicious cyber activities and electromagnetic interference; various challenges for critical infrastructure resulting from, e.g., its interdependency, cross-border nature, public-private ownership and dual civil-military uses; safety and security in international air transportation, with special attention to the Chicago Convention and its Annexes; aviation liability and compensation in cases of cyberattacks, and insurance coverage against cyber risks; review of malicious relevant actors, malicious cyber operations, the typical life cycle of a cyberattack and industry responses. This book clearly responds to the need to elaborate adequate legal rules for ensuring that the multiple inlets for malicious cyber operations and the management of cybersecurity risks are addressed appropriately. It will be welcomed by all parties involved with aviation and space law and policy, including lawyers, governments, regulators, academics, manufacturers, operators, airports, and international governmental and non-governmental organisations. Review / Testimonial: ”In conclusion, I highly recommend this book for all scholars and practitioners of space and aviation law who need (and we all do!) a highly accurate and comprehensive background to these issues of cybersecurity.” Larry Martinez / German Journal of Air and Space Law (Zeitschrift für Luft- und Weltraumrecht) issue 2, 2021
