Rough Consensus And Running Code

Private law has long been the focus of efforts to explain wider developments of law in an era of globalisation. As consumer transactions and corporate activities continue to develop with scant regard to legal and national boundaries, private law theorists have begun to sketch and conceptualise the possible architecture of a transnational legal theory. Drawing a detailed map of the mixed regulatory landscape of 'hard' and 'soft' laws, official, unofficial, direct and indirect modes of regulation, rules, recommendations and principles as well as exploring the concept of governance through disclosure and transparency, this book develops a theoretical framework of transnational legal regulation. Rough Consensus and Running Code describes and analyses different law-making regimes currently observable in the transnational arena. Its core aim is to reassess the transnational regulation of consumer contracts and corporate governance in light of a dramatic proliferation of rule-creators and compliance mechanisms that can no longer be clearly associated with either the 'state' or the 'market'. The chosen examples from two of the most dynamic legal fields in the transnational arena today serve as backdrops for a comprehensive legal theoretical inquiry into the changing institutional and normative landscape of legal norm-creation.

There remains a widespread perception among both the public and elements of academia that the Internet is “ungovernable”. However, this idea, as well as the notion that the Internet has become some type of cyber-libertarian utopia, is wholly inaccurate. Governments may certainly encounter tremendous difficulty in attempting to regulate the Internet, but numerous types of authority have nevertheless become pervasive. So who, then, governs the Internet? This book will contend that the Internet is, in fact, being governed, that it is being governed by specific and identifiable networks of policy actors, and that an argument can be made as to how it is being governed. This book will present a new conceptual framework for analysis that deconstructs the Internet into four policy “layers” with the aim of formulating a new political architecture that accurately maps out and depicts authority on the Internet today. Foremost, it will seek to draw a distinction between those actors who have a demonstrable policymaking authority versus those who merely wield influence. The book will then apply this four-layer model to an analysis of U.S. national cybersecurity policy, post-9/11. Ultimately, it will seek to determine the consequences of these political arrangements and governance policies.

What is the relationship between politics and international law? Inspired by comparative politics and socio-legal studies, this Research Handbook develops a novel framework for comparative analysis of politics and international law at different stages of governance and in different governance systems. It applies the framework in a wide range of fields—from human rights and environmental standards, to cyber conflict and intellectual property—to show how the relationship between politics and international law varies depending on the sites where it unfolds.

Hybridization has become a defining feature of regulatory frameworks. The combined forces of globalization and privatization together with increased reliance on self-regulation have resulted in the emergence of a multitude of regulatory arrangements which combine elements from several legal orders. This book offers a conceptual framework as well as numerous empirical explorations capable of increasing our understanding of regulatory hybridization. A number of central dichotomies are deconstructed: national vs. transnational law; international vs. transnational law; convergence vs. divergence; soft law vs. hard law; territorial vs. non-territorial, ‘top-down’ vs. ‘bottom-up’ globalization and national vs. global just as the implications of regulatory hybridization for the question of choice of court and conflict of laws are analyzed. Contributors include: Poul Fritz Kjaer, Ino Augsberg, Jan Klabbers, Peer Zumbansen, Paulius Jurčys, Faye Fangfei Wang, Hideaki Shiroyama, Mark D. Fenwick, Nina Boerger, Joseph Corkin, Harm Schepel, Andreas Maurer, Adeline Chong, Ren Yatsunami, and Maebh Harding.

Have neighborhoods been left out of the seismic healthcare reform efforts to connect struggling Americans with the help they need? Even as US spending on healthcare skyrockets, impoverished Americans continue to fall ill and die of preventable conditions. Although the majority of health outcomes are shaped by non-medical factors, public and private healthcare reform efforts have largely ignored the complex local circumstances that make it difficult for struggling men, women, and children to live healthier lives. In Dying and Living in the Neighborhood, Dr. Prabhjot Singh argues that we must look beyond the walls of the hospital and into the neighborhoods where patients live and die to address the troubling rise in chronic disease. Building on his training as a physician in Harlem, Dr. Singh draws from research in sociology and economics to look at how our healthcare systems are designed and how the development of technologies like the Internet enable us to rethink strategies for assembling healthier neighborhoods. In part I, Singh presents the story of Ray, a patient whose death illuminated how he had lived, his neighborhood context, and the forces that accelerated his decline. In part II, Singh introduces nationally recognized pioneers who are acting on the local level to build critical components of a neighborhood-based health system. In the process, he encounters a movement of people and organizations with similar visions of a porous, neighborhood-embedded healthcare system. Finally, in part III he explores how civic technologies may help forge a new set of relationships among healthcare, public health, and community development. Every rising public health leader, frontline clinician, and policymaker in the country should read this book to better understand how they can contribute to a more integrated and supportive healthcare system.

In 2007, the International Max Planck Research School for Maritime Affairs together with the International Tribunal for the Law of the Sea (ITLOS), both based in Hamburg, decided to establish an annual lecture series, the "Hamburg Lectures on Maritime Affairs" - giving distinguished scholars and practitioners the opportunity to present and discuss recent developments in this field. The present volume - the third in the series - collects the lectures held between 2011 and 2013 inter alia by Andrew Dickinson, Yvonne Marie Dutton, Bevan Marten, Andreas Maurer, Irini Papanicolopulu, Časlav Pejovic, Juan L. Pulido, Andrés Recalde Castells, Thomas J. Schoenbaum and Rüdiger Wolfrum.

This book is a collection of papers presented at the “Forum Math-for-Industry 2015” for which the unifying theme was “The Role and Importance of Mathematics in Innovation”, held at the Institute of Mathematics for Industry, Kyushu University, October 26–30, 2015. The theme highlights two key roles that mathematics plays in supporting innovation in science, technology, and daily life, namely, needs-based and idea-based. For the former, mathematics assists with sorting through the possibilities and putting matters on a more rigorous foundation, and for the latter, mathematical models of the possible implementations play a key role. The book gives excellent examples of how mathematics assists with stimulating innovation and, thereby, highlights the importance and relevance of the concept Mathematics_FOR_Industry. The contents of this volume address productive and successful interaction between industry and mathematicians, as well as the cross-fertilization and collaboration that result when mathematics is involved with the advancement of science and technology.

How Wikipedia collaboration addresses the challenges of openness, consensus, and leadership in a historical pursuit for a universal encyclopedia. Wikipedia, the online encyclopedia, is built by a community—a community of Wikipedians who are expected to “assume good faith” when interacting with one another. In Good Faith Collaboration, Joseph Reagle examines this unique collaborative culture. Wikipedia, says Reagle, is not the first effort to create a freely shared, universal encyclopedia; its early twentieth-century ancestors include Paul Otlet's Universal Repository and H. G. Wells's proposal for a World Brain. Both these projects, like Wikipedia, were fuelled by new technology—which at the time included index cards and microfilm. What distinguishes Wikipedia from these and other more recent ventures is Wikipedia's good-faith collaborative culture, as seen not only in the writing and editing of articles but also in their discussion pages and edit histories. Keeping an open perspective on both knowledge claims and other contributors, Reagle argues, creates an extraordinary collaborative potential. Wikipedia's style of collaborative production has been imitated, analyzed, and satirized. Despite the social unease over its implications for individual autonomy, institutional authority, and the character (and quality) of cultural products, Wikipedia's good-faith collaborative culture has brought us closer than ever to a realization of the century-old pursuit of a universal encyclopedia.