Author: Bassan, Fabio
Publisher: Edward Elgar Publishing
ISBN: 1800889437
Category : Law
Languages : en
Pages : 165
Book Description
Digital Platforms and Global Law focuses on digital platforms and identifies their relevant legal profiles in terms of transnational and international law. It qualifies digital platforms as private legal orders, which exercise the legislative, executive, and (para)jurisdictional power within them. Starting from this assumption, the author studies the relationship between these orders and state, transnational, and international orders and concludes that the power of states to impose rules on platforms is different in terms of their external (in relation to other platforms and states) and internal (in their own legal system) action.
Digital Platforms and Global Law
Author: Bassan, Fabio
Publisher: Edward Elgar Publishing
ISBN: 1800889437
Category : Law
Languages : en
Pages : 165
Book Description
Digital Platforms and Global Law focuses on digital platforms and identifies their relevant legal profiles in terms of transnational and international law. It qualifies digital platforms as private legal orders, which exercise the legislative, executive, and (para)jurisdictional power within them. Starting from this assumption, the author studies the relationship between these orders and state, transnational, and international orders and concludes that the power of states to impose rules on platforms is different in terms of their external (in relation to other platforms and states) and internal (in their own legal system) action.
Publisher: Edward Elgar Publishing
ISBN: 1800889437
Category : Law
Languages : en
Pages : 165
Book Description
Digital Platforms and Global Law focuses on digital platforms and identifies their relevant legal profiles in terms of transnational and international law. It qualifies digital platforms as private legal orders, which exercise the legislative, executive, and (para)jurisdictional power within them. Starting from this assumption, the author studies the relationship between these orders and state, transnational, and international orders and concludes that the power of states to impose rules on platforms is different in terms of their external (in relation to other platforms and states) and internal (in their own legal system) action.
CCCTB
Author: Dennis Weber
Publisher: Kluwer Law International B.V.
ISBN: 9041140697
Category : Law
Languages : en
Pages : 441
Book Description
The European Commission’s proposed Common Consolidated Corporate Tax Base (CCCTB) is the most ambitious project in the history of direct taxation within the EU. While retaining the right of Member States to set their own corporate tax rate, the proposed system allows for a ‘one-stop shop’ for filing tax returns and consolidating prof its and losses across the EU. In this book – the first to offer guidance to practitioners whose work will be affected by these new developments – 19 prominent representatives of the business community, tax consultancy, academic taxation scholarship and tax administration discuss the proposed system’s rationale, structure and uncertainties, ranging from very technical aspects, to the wording of the proposal, to political considerations. These topics include the following: eligibility; formation of a group; the concept of ‘permanent establishment’; foreign tax credits; ‘dual resident’ companies; consequences of entering and leaving; depreciation of fixed assets; repackaged asset transfers; appeals procedure; disagreements among Member States; subsidiarity and the ‘yellow card procedure’; international aspects and tax treaties; sharing mechanism and transfer pricing; and anti-abuse rules. The discussion raises numerous issues likely to lead to future amendments, and for this reason, along with its practical value in developing an understanding of the proposed system’s specific effects, the book will be welcomed by tax consultants and lawyers worldwide, corporate tax advisers, European tax authorities and tax researchers and academics.
Publisher: Kluwer Law International B.V.
ISBN: 9041140697
Category : Law
Languages : en
Pages : 441
Book Description
The European Commission’s proposed Common Consolidated Corporate Tax Base (CCCTB) is the most ambitious project in the history of direct taxation within the EU. While retaining the right of Member States to set their own corporate tax rate, the proposed system allows for a ‘one-stop shop’ for filing tax returns and consolidating prof its and losses across the EU. In this book – the first to offer guidance to practitioners whose work will be affected by these new developments – 19 prominent representatives of the business community, tax consultancy, academic taxation scholarship and tax administration discuss the proposed system’s rationale, structure and uncertainties, ranging from very technical aspects, to the wording of the proposal, to political considerations. These topics include the following: eligibility; formation of a group; the concept of ‘permanent establishment’; foreign tax credits; ‘dual resident’ companies; consequences of entering and leaving; depreciation of fixed assets; repackaged asset transfers; appeals procedure; disagreements among Member States; subsidiarity and the ‘yellow card procedure’; international aspects and tax treaties; sharing mechanism and transfer pricing; and anti-abuse rules. The discussion raises numerous issues likely to lead to future amendments, and for this reason, along with its practical value in developing an understanding of the proposed system’s specific effects, the book will be welcomed by tax consultants and lawyers worldwide, corporate tax advisers, European tax authorities and tax researchers and academics.
The Future of Work
Author: Adalberto Perulli
Publisher: Kluwer Law International B.V.
ISBN: 9403528613
Category : Law
Languages : en
Pages : 523
Book Description
Studies in Employment and Social Policy Volume 56 Digitalization, far from being solely a technological issue, has broad implications in the social, labour, and economic spheres. It leads to dangers as well as to new chances for the workforce, and thus labour law must develop effective ways to both protect workers and allow them to profit from new technological developments. The most thorough book of its kind, this collection of expert essays provides an abundance of well-thought-out material for understanding the consequences of digitalization for the labour market and industrial relations. Recognizing that only an international perspective can make it possible to face the challenges of the present (and the future), renowned authorities from the International Labour Organization and the International Society for Labour and Social Security Law, as well as outstanding labour law professors, examine in depth such salient issues as the following: transformation of production systems; the spread of artificial intelligence; precariousness and exploitation in the gig economy; lessons learned from COVID-19; employment status of platform workers; new cross-border issues; rights to trade union association and collective bargaining; role of the State in the new digital labour market; and blurred lines between work and private life. Thanks to the international team of contributors, the issues are dealt with from a variety of overlapping perspectives and points of view, combining aspects of labour law, commercial law, corporate governance, and international law. Highlighting the need to adapt, especially through the right to training, work, and professionalism with respect to the new technological landscape, the book draws on legislative, judicial, and theoretical initiatives suggesting ways of responding positively to the requests for protection that arise in the new forms of production. A uniquely valuable tool for study and reflection for policymakers and academics, the book is also sure to be valued by entrepreneurs, managers, consultants, corporate lawyers, judges, human rights experts, and trade unionists who are interested in the issues of labour, industrial relations, and social rights in European and international contexts.
Publisher: Kluwer Law International B.V.
ISBN: 9403528613
Category : Law
Languages : en
Pages : 523
Book Description
Studies in Employment and Social Policy Volume 56 Digitalization, far from being solely a technological issue, has broad implications in the social, labour, and economic spheres. It leads to dangers as well as to new chances for the workforce, and thus labour law must develop effective ways to both protect workers and allow them to profit from new technological developments. The most thorough book of its kind, this collection of expert essays provides an abundance of well-thought-out material for understanding the consequences of digitalization for the labour market and industrial relations. Recognizing that only an international perspective can make it possible to face the challenges of the present (and the future), renowned authorities from the International Labour Organization and the International Society for Labour and Social Security Law, as well as outstanding labour law professors, examine in depth such salient issues as the following: transformation of production systems; the spread of artificial intelligence; precariousness and exploitation in the gig economy; lessons learned from COVID-19; employment status of platform workers; new cross-border issues; rights to trade union association and collective bargaining; role of the State in the new digital labour market; and blurred lines between work and private life. Thanks to the international team of contributors, the issues are dealt with from a variety of overlapping perspectives and points of view, combining aspects of labour law, commercial law, corporate governance, and international law. Highlighting the need to adapt, especially through the right to training, work, and professionalism with respect to the new technological landscape, the book draws on legislative, judicial, and theoretical initiatives suggesting ways of responding positively to the requests for protection that arise in the new forms of production. A uniquely valuable tool for study and reflection for policymakers and academics, the book is also sure to be valued by entrepreneurs, managers, consultants, corporate lawyers, judges, human rights experts, and trade unionists who are interested in the issues of labour, industrial relations, and social rights in European and international contexts.
The Law of Global Digitality
Author: Matthias C. Kettemann
Publisher:
ISBN: 9781032255507
Category : Law
Languages : en
Pages : 0
Book Description
Comparing six different areas of law that have been particularly exposed to global digitality, namely laws regulating consumer contracts, data protection, the media, financial markets, criminal activity, and intellectual property law, this work considers whether we can identify a particular mediality of law in the digital age.
Publisher:
ISBN: 9781032255507
Category : Law
Languages : en
Pages : 0
Book Description
Comparing six different areas of law that have been particularly exposed to global digitality, namely laws regulating consumer contracts, data protection, the media, financial markets, criminal activity, and intellectual property law, this work considers whether we can identify a particular mediality of law in the digital age.
Work and Labour Relations in Global Platform Capitalism
Author: Haidar, Julieta
Publisher: Edward Elgar Publishing
ISBN: 1802205136
Category : Political Science
Languages : en
Pages : 281
Book Description
This engaging and timely book provides an in-depth analysis of work and labour relations within global platform capitalism with a specific focus on digital platforms that organise labour processes, known as labour platforms. Well-respected contributors thoroughly examine both online and offline platforms, their distinct differences and the important roles they play for both large transnational companies and those with a smaller global reach.
Publisher: Edward Elgar Publishing
ISBN: 1802205136
Category : Political Science
Languages : en
Pages : 281
Book Description
This engaging and timely book provides an in-depth analysis of work and labour relations within global platform capitalism with a specific focus on digital platforms that organise labour processes, known as labour platforms. Well-respected contributors thoroughly examine both online and offline platforms, their distinct differences and the important roles they play for both large transnational companies and those with a smaller global reach.
Digital Services in International Trade Law
Author: Ines Willemyns
Publisher: Cambridge University Press
ISBN: 1108837530
Category : Law
Languages : en
Pages : 429
Book Description
The first comprehensive analysis of the applicability of international trade law to digital services at multilateral and regional levels.
Publisher: Cambridge University Press
ISBN: 1108837530
Category : Law
Languages : en
Pages : 429
Book Description
The first comprehensive analysis of the applicability of international trade law to digital services at multilateral and regional levels.
Digital markets and online platforms: new perspectives on regulation and competition law
Author: Jan Krämer
Publisher: Centre on Regulation in Europe (CERRE)
ISBN:
Category : Law
Languages : en
Pages : 104
Book Description
Across the world, regulators and policy makers are grappling with how to establish a competitive, safe and fair online environment that also safeguards users’ fundamental rights as citizens. Ahead of the European Commission’s Digital Markets Act (DMA), this book “Digital markets and online platforms: new perspectives on regulation and competition law“, presents CERRE’s latest contribution to the debate with concrete policy recommendations. Together, the policy recommendations in this book present a roadmap that should be pursued for EU policy makers to safeguard competition and innovation in digital platform markets. They can be organised into three key areas for action: (i) More effective enforcement, (ii) increased transparency and switching easiness, and (iii) providing access to key innovation capabilities. “The need to safeguard fair and vibrant competition, which is also seen as an important driving factor for innovation, is nothing new for policy makers. However, the characteristics and complexities of digital markets have challenged some of the traditional approaches.” – Jan Krämer, editor of the book and CERRE Academic Co-Director The book’s recommendations highlight that platform transparency and associated data collection by authorities, as well as data sharing by platforms (initiated through consumers or authorities), are the two most important overarching policy measures for platform markets in the near future. They facilitate enforcement, consumer choice, and innovation capabilities in the digital economy. The contents of this book were presented and debated during a CERRE live debate with guest speakers Anne Yvrande-Billon (Arcep’s Director of Economic, Market and Digital Affairs), MEP Stéphanie Yon-Courtin (Vice-President of the European Parliament’s Committee on Economic and Monetary Affairs) and Javier Espinoza (Financial Times’ EU Correspondent covering competition and digital policy).
Publisher: Centre on Regulation in Europe (CERRE)
ISBN:
Category : Law
Languages : en
Pages : 104
Book Description
Across the world, regulators and policy makers are grappling with how to establish a competitive, safe and fair online environment that also safeguards users’ fundamental rights as citizens. Ahead of the European Commission’s Digital Markets Act (DMA), this book “Digital markets and online platforms: new perspectives on regulation and competition law“, presents CERRE’s latest contribution to the debate with concrete policy recommendations. Together, the policy recommendations in this book present a roadmap that should be pursued for EU policy makers to safeguard competition and innovation in digital platform markets. They can be organised into three key areas for action: (i) More effective enforcement, (ii) increased transparency and switching easiness, and (iii) providing access to key innovation capabilities. “The need to safeguard fair and vibrant competition, which is also seen as an important driving factor for innovation, is nothing new for policy makers. However, the characteristics and complexities of digital markets have challenged some of the traditional approaches.” – Jan Krämer, editor of the book and CERRE Academic Co-Director The book’s recommendations highlight that platform transparency and associated data collection by authorities, as well as data sharing by platforms (initiated through consumers or authorities), are the two most important overarching policy measures for platform markets in the near future. They facilitate enforcement, consumer choice, and innovation capabilities in the digital economy. The contents of this book were presented and debated during a CERRE live debate with guest speakers Anne Yvrande-Billon (Arcep’s Director of Economic, Market and Digital Affairs), MEP Stéphanie Yon-Courtin (Vice-President of the European Parliament’s Committee on Economic and Monetary Affairs) and Javier Espinoza (Financial Times’ EU Correspondent covering competition and digital policy).
Regulating Platforms
Author: Terry Flew
Publisher: John Wiley & Sons
ISBN: 1509537090
Category : Social Science
Languages : en
Pages : 214
Book Description
We once thought of cyberspace as a borderless world. As the internet has become increasingly platformized, with a small number of technology giants that dominate the global digital economy, concerns about information monopolies, hateful online content, and the impact on media content creators and creative industries have become more marked. Consequently governments, politicians, and civil society are questioning how digital platforms can or should be regulated. In this up-to-the-minute study, Terry Flew engages with important questions surrounding platform regulation. Starting from the premise that governance is an inherent feature of digital platforms, he argues that the challenge is to develop the best frameworks for balancing external regulatory oversight with the internal governance practices of platform companies. The intersection of media policy, information policy, and economic policy is an important element of policy frameworks, as national authorities increasingly seek to engage with the power of global digital platforms. Lively and accessible, Regulating Platforms is a go-to text for students and scholars of media and communication.
Publisher: John Wiley & Sons
ISBN: 1509537090
Category : Social Science
Languages : en
Pages : 214
Book Description
We once thought of cyberspace as a borderless world. As the internet has become increasingly platformized, with a small number of technology giants that dominate the global digital economy, concerns about information monopolies, hateful online content, and the impact on media content creators and creative industries have become more marked. Consequently governments, politicians, and civil society are questioning how digital platforms can or should be regulated. In this up-to-the-minute study, Terry Flew engages with important questions surrounding platform regulation. Starting from the premise that governance is an inherent feature of digital platforms, he argues that the challenge is to develop the best frameworks for balancing external regulatory oversight with the internal governance practices of platform companies. The intersection of media policy, information policy, and economic policy is an important element of policy frameworks, as national authorities increasingly seek to engage with the power of global digital platforms. Lively and accessible, Regulating Platforms is a go-to text for students and scholars of media and communication.
Digital Technologies and the Law of Obligations
Author: Zvonimir Slakoper
Publisher: Routledge
ISBN: 1000432580
Category : Law
Languages : en
Pages : 255
Book Description
Digital Technologies and the Law of Obligations critically examines the emergence of new digital technologies and the challenges they pose to the traditional law of obligations, and discusses the extent to which existing contract and tort law rules and doctrines are equipped to meet these new challenges. This book covers various contract and tort law issues raised by emerging technologies – including distributed ledger technology, blockchain-based smart contracts, and artificial intelligence – as well as by the evolution of the internet into a participative web fuelled by user-generated content, and by the rise of the modern-day collaborative economy facilitated by digital technologies. Chapters address these topics from the perspective of both the common law and the civil law tradition. While mostly focused on the current state of affairs and recent debates and initiatives within the European Union regulatory framework, contributors also discuss the central themes from the perspective of the national law of obligations, examining the adaptability of existing legal doctrines to contemporary challenges, addressing the occasional legislative attempts to deal with the private law aspects of these challenges, and pointing to issues where legislative interventions would be most welcomed. Case studies are drawn from the United States, Singapore, and other parts of the common law world. Digital Technologies and the Law of Obligations will be of interest to legal scholars and researchers in the fields of contract law, tort law, and digital law, as well as to legal practitioners and members of law reform bodies.
Publisher: Routledge
ISBN: 1000432580
Category : Law
Languages : en
Pages : 255
Book Description
Digital Technologies and the Law of Obligations critically examines the emergence of new digital technologies and the challenges they pose to the traditional law of obligations, and discusses the extent to which existing contract and tort law rules and doctrines are equipped to meet these new challenges. This book covers various contract and tort law issues raised by emerging technologies – including distributed ledger technology, blockchain-based smart contracts, and artificial intelligence – as well as by the evolution of the internet into a participative web fuelled by user-generated content, and by the rise of the modern-day collaborative economy facilitated by digital technologies. Chapters address these topics from the perspective of both the common law and the civil law tradition. While mostly focused on the current state of affairs and recent debates and initiatives within the European Union regulatory framework, contributors also discuss the central themes from the perspective of the national law of obligations, examining the adaptability of existing legal doctrines to contemporary challenges, addressing the occasional legislative attempts to deal with the private law aspects of these challenges, and pointing to issues where legislative interventions would be most welcomed. Case studies are drawn from the United States, Singapore, and other parts of the common law world. Digital Technologies and the Law of Obligations will be of interest to legal scholars and researchers in the fields of contract law, tort law, and digital law, as well as to legal practitioners and members of law reform bodies.
The New Global Law
Author: Rafael Domingo
Publisher: Cambridge University Press
ISBN: 1139485946
Category : Law
Languages : en
Pages : 241
Book Description
The dislocations of the worldwide economic crisis, the necessity of a system of global justice to address crimes against humanity, and the notorious 'democratic deficit' of international institutions highlight the need for an innovative and truly global legal system, one that permits humanity to re-order itself according to acknowledged global needs and evolving consciousness. A new global law will constitute, by itself, a genuine legal order and will not be limited to a handful of moral principles that attempt to guide the conduct of the world's peoples. If the law of nations served the hegemonic interests of Ancient Rome, and international law served those of the European nation-state, then a new global law will contribute to the common good of all humanity and, ideally, to the development of durable world peace. This volume offers a historical-juridical foundation for the development of this new global law.
Publisher: Cambridge University Press
ISBN: 1139485946
Category : Law
Languages : en
Pages : 241
Book Description
The dislocations of the worldwide economic crisis, the necessity of a system of global justice to address crimes against humanity, and the notorious 'democratic deficit' of international institutions highlight the need for an innovative and truly global legal system, one that permits humanity to re-order itself according to acknowledged global needs and evolving consciousness. A new global law will constitute, by itself, a genuine legal order and will not be limited to a handful of moral principles that attempt to guide the conduct of the world's peoples. If the law of nations served the hegemonic interests of Ancient Rome, and international law served those of the European nation-state, then a new global law will contribute to the common good of all humanity and, ideally, to the development of durable world peace. This volume offers a historical-juridical foundation for the development of this new global law.