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"This book includes the conference proceedings of a conference in September 2019. The Institute for Property Law of the University of Leuven had the opportunity to welcome numerous authoritative legal scholars to debate on the impact of sustainability challenges on the crossroads between contract and property. While environmental issues, and more broadly sustainability, are often conceived as a matter of public law, if a matter of law at all, in recent years, also private law aims to join in. More fundamentally, environmental law could challenge the main division in private law, the division between contract and property. Fundamental rules of traditional private law, with strong historical roots, such as the privity of contracts, the closed system of property rights, the praedial rule with regard to servitudes, etc. are under pressure. The contributions of this book therefore are situated at the point of encounter of at least three fields of law: environment, contract and property. Very often, a fourth field of law joins this encounter: the constitutional protection of ownership plays a major role in the described challenges. The contributions in this book are on the one hand, careful analyses of national laws, and on the other hand, more general views on the interplay between property law and sustainability:-Property Law, Contract Law and Environmental Law: Shaking Hands with the (Historical) Enemy - Vincent Sagaert-Sustainable Obligations in (Dutch) Property Law - Bram Akkermans-Contractual Regulation of Property Rights: Opportunities for Sustainability and Environmental Protection - Siel Demeyere-Towards Sustainable Real Estate in a Circular Economy - Benjamin Verheye-Quebec Private Law, Destined to Preserve the Environment?- Gaële Gidrol-Mistral-Real Burdens in Scots Law: An Environmental Perspective - Andrew J M Steven-Positive and Negative Obligations of Landowners in South African Law: An Environmental Perspective - Elsabé van der Sijde-The Introduction of Conservation Covenants in English Law - Christopher Pulman and Nicholas Hopkins-The 'obligation réelle environnementale' in French law- Blandine Mallet-Bricout.-Environmental Duties in the German Land Register - Christine Godt-Nordic Perspectives on Contract and Property Law with an Environmental Perspective: Examples from Norway Berte-Elen Konow"

"I think you are misunderstanding the perceived problem here, Mr President. No one is saying that you broke any laws. We are just saying it is a little bit weird that you did not have to.'- John OliverThe Daily Show, 10 June 2013'John Oliver formulated in this context the very question about the limits, about the use and abuse, of the law and of the state's power when it comes to global mass surveillance practices. Where does lie the 'thin red line' between the two legitimate yet seemingly competing interests: national security and privacy? [...] The result we present to the reader might seem merely another book about the Snowden affaire and the fall of Safe Harbor, but these two have been (only) an inspiration. Our object of interest is the protection of data privacy in relations between Europe and Americas as a challenge for democracy, the rule of law and fundamental rights. [...] The present book is very clearly an anthology - it is a compilation of diverse contributions, from different perspectives, within a broad topic. Our aim with this volume is to highlight a selection of particularly 'hot' questions within the topic of trans-Atlantic data privacy relations as they look at the end of 2016. [...] In the final chapter, we draw out and highlight those themes we see emerging within the body of this work. We eventually attempt to suggest a few lessons de lege ferenda.- from the Preface by the editors'Under the 'Lisbon Treaties', which are in force since 2009, the European Union regards itself as a distinct political entity, which is not a federation of Member States, but it is held together - as Luuk van Middelaar says - with a unique invisible glue". This connection is grounded with shared goals. One of them - expressed both in the Treaty on the Functioning of the European Union (Article 16) and in the Charter of Fundamental Rights of the European Union (Articles 7 and 8) is a unique obligation to protect personal data. Stating that everyone has the right to the protection of personal data concerning them the European Union feels obliged to observe how safe is the data both held in its territory and transferred outside thereof'- from the Foreword by Wojciech R. WiewiórowskiAssistant European Data Protection Supervisor'Privacy and data protection are topics of international significance. While the EU-US relationship gets a great deal of attention there are also many crucial issues of a more global nature. This book includes contributors of international stature who deal with Snowden and Safe Harbour but also go beyond them to address some of the key topics affecting privacy at the international level. The topics are timely and the authors highly qualified and the book will be of interest to anyone interested in privacy and data protection law and policy.'- Dr Christopher KunerCo-Director Brussels Privacy Hub Vrije Universiteit Brusseleditor-in-chief International Data Privacy Law"

"EU data protection law imposes a series of requirements designed to protect individuals against the risks that result from the processing of their data. It also distinguishes among different types of actors involved in the processing, setting out different obligations for each actor. The most important distinction in this regard is the distinction between "controllers" and "processors". Together, these concepts provide the very basis upon which responsibility for compliance with EU data protection law is allocated. As a result, both concepts play a decisive role in determining the potential liability of an organisation under EU data protection law, including the General Data Protection Regulation (GDPR). Technological and societal developments have made it increasingly difficult to apply the controller-processor model in practice. The main factors are the growing complexity of processing operations, the diversification of processing, services and the sheer number of actors that can be involved. Against this background, this book seeks to determine whether EU data protection law should continue to maintain the controller-processor model as the main basis for allocating responsibility and liability. This book provides its readers with the analytical framework to help them navigate the intricate relationship of roles, responsibility and liability under EU data protection law. The book begins with an in-depth analysis of the nature and role of the controller and processor concepts. The key elements of each are examined in detail, as is the associated allocation of responsibility and liability. The next part contains a historical-comparative analysis, which traces the origin and development of the controller-processor model over time. To identify the main problems that occur when applying the controller-processor model in practice, a number of real-life use cases are examined (cloud computing, social media, identity management and search engines). In the final part, a critical evaluation is made of the choices made by the European legislature in the context of the GDPR. It is clear that the GDPR has introduced considerable improvements in comparison to EU Directive 95/46. In the long run, however, further changes may well be necessary. By way of conclusion, a number of avenues for possible improvements are presented. Dr Brendan Van Alsenoy is a Legal Advisor at the Belgian Data Protection Authority and a senior affiliated researcher at the KU Leuven Centre for IT & IP Law, and co-editor of Privacy & Persoonsgegevens. He has previously worked as a legal researcher at the KU Leuven Centre for IT & IP Law, with a focus on data protection and privacy, intermediary liability and trust services. In 2012, he worked at the Organisation for Economic Co-operation and Development (OECD) to assist in the revision of the 1980 OECD Privacy Guidelines."

"This book summarises the history of the human right to water and examines its main content and the obligations that derive from this right. The main purpose of the recognition of the human right to water is to guarantee to everyone access to sufficient, safe and affordable drinking water to satisfy personal and domestic uses. This book discusses whether the human right to water is recognised as a derivative right or as an independent right at three levels - at universal, regional and domestic - where human rights are recognised and enforced. At the domestic level a case study approach has been used with focus on Argentina, Bolivia, Chile and Colombia.Freshwater resources are not static; they are constantly flowing and crossing international boundaries. This situation and the relative scarcity of water resources have a direct impact on a state's capacity to realise the human right to water. The human right to water is examined in a transboundary water context, where the use and management of an international watercourse in one riparian state can directly or indirectly affect the human right to water in another riparian state. For this reason, this book analyses whether the core principles of international water law can be used to contribute to the realisation of the extraterritorial application of the right to water."

"This book analyses the theory of efficient breach in English sales law, European Union contract law and Chinese contract law. It analyses the framework of the efficient breach theory and reconsiders the implications of this theory. According to the traditional efficient breach theory, the remedy of expectation damages is able to motivate efficient breach, which brings the breaching party economic surplus without making the non-breaching party worse off. The essential problems are how to motivate contract parties to make rational decisions and how to solve cases where performance of a contract turns out to be less efficient after its conclusion. The second part of the book further extends the efficient breach theory to the study of contract law systems by analysing how exactly those laws react to breach and what solutions are adopted by them.The comparison of these three systems is more than a mere description of the differences and similarities in the content. More importantly, this comparative research also analyses whether or not the differences between these systems will influence the level of efficiency produced by each legal system by taking account of the different traditions and the concepts of contracts involved in each legal system. Researchers in contract law will also be interested in this approach, particularly for re-thinking the question of whether one legal system is definitely better or worse than the other two."

"In recent decades, the liability of public authorities has been one of the main areas of development in and at the edges of tort law in Europe, with major reforms implemented or considered at a national level, and a steady stream of major court decisions. During the same period, 'Member State liability' has also been recognised in the law of the EU, and the interplay of principles of national and EU law - and additionally the 'just satisfaction' jurisprudence of the European Court of Human Rights - evidently warrants close attention.In this context, the aims of the present study are to contribute to the understanding of the law of extra-contractual liability as it applies to public authorities in the legal systems of Europe (and selected non-European jurisdictions), to facilitate its enhancement where necessary or desirable, and to consider the possibilities for harmonisation in the area - specifically, through the extension and adaptation of the Principles of European Tort Law to cover public authority liability.With contributions by:Bjarte Askeland, Ewa Baginska, Jonathan Cardi, Giovanni Comand�, Eugenia Dacoronia, Jef de Mot, Isabelle Durant, Duncan Fairgrieve, Michael Faure, Israel Gilead, Michael D Green, Anne Keirse, Bernhard A Koch, Fran�ois Lich�re, Piotr Machnikowski, Ulrich Magnus, Miquel Mart�n-Casals, Johann Neethling, Luca Nocco, Ken Oliphant, Maria Jos� Reis Rangel de Mesquita, Jordi Ribot, Lubo� Tich�, Vibe Ulfbeck, Pierre Widmer, B�n�dict Winiger.About the editor:Ken Oliphant is a Professor of Tort Law at the University of Bristol, United Kingdom."

"This book brings together foreign investment and investment arbitration in Asia, the fastest growing economic region in the world. It provides a critical analysis of foreign investment, its benefits and the legal regimes of the jurisdictions studied at a time when investor-state disputes are on the rise and investment arbitration is under growing scrutiny. Governments are under greater pressure to balance the promotion of investment with public policy development and interests and calls for a permanent court for investment arbitration are getting louder. To assess future possibilities, this book takes stock of, brings together and analyses the legal regimes on foreign investment in 12 major Asian jurisdictions, namely China, Hong-Kong, India, Indonesia, Japan, South Korea, Malaysia, Myanmar, Philippines, Singapore, Thailand and Vietnam. These constitute paradigmatic examples of what is happening in the legal framework of Asian foreign investment and the impact that the current system of investment arbitration has in all of them. The analysis shows the existence of changing positions and degrees of openness towards foreign investment in the region, as well as a distinct level of exposure to and involvement in investment arbitration. Predictably, their situation will change in the near future, at least in relation to investment arbitration. Proposals for reform have already been made and international institutions are working on the development of an alternative to the proceedings of investment arbitration as it is currently constructed and understood. Consequently, the last two chapters of this book are devoted to the analysis of these developments that will most probably affect the existing situation in the region."