This chapter examines influential legislative remedies: the 1907 creation of the Court of Criminal Appeal, the 1995 creation of the Criminal Cases Review Commission (CCRC) and the 2024 legislation to annul and compensate miscarriages of justice caused by the Post Office’s faulty computer system. The Court of Appeal’s restrictive approach to overturning convictions and admitting new evidence is critiqued. The role of wrongful convictions in abolishing the death penalty is examined. The CCRC’s performance, including some of its failures and underfunding, is assessed. The migration of similar institutions to Scotland, Norway, New Zealand and Canada is also examined. Failed attempts in 2006 to limit appeals to innocence and successful attempts in 2014 to require it for compensation are critically assessed. The tension between the Innocence Network of the United Kingdom’s (INUK) focus on innocence and the legal system’s focus on the safety of convictions is analysed in light of INUK’s demise and future evolution of innocence organisations. Finally, the Post Office Scandal and the implications of enacting legislation to depart from ordinary methods of correcting and compensating miscarriages of justice are assessed.

A framing case study discusses Uruguay’s attempt to limit cigarette sales by foreign firms. Then the chapter provides an overview of international investment law. The chapter discusses: (1) how states have historically protected foreign investment using international law, including major concepts and the evolution of investment institutions; (2) major foreign investor rights under contemporary investment law, including rules for expropriation, treatment standards, performance requirements, and legal remedies; and (3) how states seek to balance the protection of foreign investment against their own state authority in areas like maintaining public order and safety, preserving national security, and protecting the environment and labor.

‘Remote work’ and ‘telework’, which used to be regarded as exceptional subcategories of labor engagement, became the norm for white collar workers during the pandemic. Recent years have seen the advent of hybrid labor arrangements, where work is directly or indirectly provided through apps or similar pieces of software and other technological innovations. The overarching work digitization phenomenon is defined by increasing delocalisation and fragmentation of workplaces, and by algorithmic management. Even work typically performed on-site includes nowadays elements of delocalization. This chapter revisits our understanding of ‘teleworking’ and examines the appropriateness of existing collective labor law institutions to address the needs and particular conditions of workers engaged in digitized hybrid work. It considers that a solution may lie with the extension of the scope and focus of the rights to collective organization and action, and with a re-evaluation of their substantive content. The chapter seeks solutions in worker empowerment through the redeployment of collective labor rights and institutions. The chapter also briefly touches upon illustrative case studies that provide glimpses into possible avenues of traditional and alternative collective action tactics. The relevant current EU framework is used to contextualize the discussion.

In modernity, large-scale group-based identity formation has arisen chiefly through religion, nation, and/or a political state. The digital transformation of society, however, has changed group-based identity formation. This chapter explores the connection between the evolving nature of identity formation with a parallel evolution in the social construct of money. We associate the power to create money (and taxation) with the sovereign state. In this way identity, money, and tax come together. What happens when they come apart? Identity may become attached to the creation of private money, raising the normatively unappealing prospect of ‘private taxation’. This chapter proposes a different path that would allow individual taxpayers to elect to allocate some fraction of payments on domestic tax liabilities (calculated under typical domestic tax rules) to the state of their choosing, in virtue of which they would receive a one-to-one credit offsetting domestic tax liability. Such a mechanism would allow taxpayers to ’vote’ directly with their tax dollars, thereby allowing individuals to associate with non-geographically proximate groups through the civic duty to pay taxes – but within the framework of fiat currency and sovereign state taxation.

This chapter applies the volume’s interactive and holistic approach to the development and analysis of the regulation of remote work. The discussion underscores how employment contracts themselves combine locational elements, of direct significance for remote work, with specifications of the temporal extension of the work contract and its full time or part time nature. Moreover, as the chapter shows, the combinatory constellation of employment situations that results is itself then subject to regulation in ways that the regulatory institutions often frame interactively, using concepts rooted in one type of employment condition to deal with another condition – for example combining features of the contract’s time commitment with its locational definition. The chapter also discusses the importance of the subsidiarity principle for channeling the multilevel and interactive component of remote work’s regulation. These points are then used to address issues of fundamental rights for workers and more specifically, of labor rights under new and evolving employment conditions.

Cyber disinformation is a global, very sophisticated phenomenon, capable of producing negative consequences on democratic values and institutions. This chapter argues that individual behavior of users plays a key role in the control of the phenomenon and aims to identify factors that impact on users’ behavioral intentions and cyber hygiene behavior. This chapter integrates the Extended Theory of Planned Behavior and a Structural Equation Model, realized through Partial Least Square – –Structural Equation Modeling, applied to the cyber disinformation phenomenon. The research data were collected using a questionnaire administered in Poland and Romania and analyzed using the Structural Equation Model. The model’s parameters were processed using the SmartPLS software. The reliability of the variables was assessed using Cronbach’s Alpha and Composite Reliability. The research revealed the applicability of the Theory of Planned Behavior model and found that Moral Norms and Perceived Behavioral Control have an impact on Behavioral Intention and Cyber Hygiene Behavior. The findings of this chapter can provide stakeholders with important insights that can lead to improved responses to the phenomenon.

The book ends with a brief discussion of key conclusions. My four substantive chapters demonstrate different accounts of making-good-again. Read together, they show how the conduct of restitution emerges as a material question of responsibility which is asked through texts and objects in different genres, including law. Responsibility as a material practice is shown to be dynamic, contingent and contextual, shaped by personae and places.

For a long time, criminal justice typically operated through the human body. Historically, the intentional infliction of severe physical harm, such as through quartering and the rack, has been central to both criminal investigation and punishment. This centrality of the human body in criminal justice arguably changed with the rise of carceral punishment and, as of the mid 1900s, with the emergence of human rights protection to the integrity of persons. Yet, it is still the case that nowadays the use of physical force by state officials makes many appearances in modern criminal justice, ranging from handcuffing, taking bodily material for DNA analysis and using pepper spray on arrest, to physical force strip searches in prison and mechanical restraint in forensic hospitals. Moreover, capital punishment, as the supreme corporal sanction, is permitted under international human rights law and still applies in many jurisdictions worldwide.

Until recently, our inner mental lives have enjoyed a considerable degree of natural protection from others’ gaze and influence. Third parties are sometimes able to attribute particular mental states to us on the basis of our behaviour, particularly if they know us well. These parties are also often able to influence our mental states by means of rational persuasion or manipulation. But our thoughts, desires and emotions have typically had some defence against others’ access and influence by virtue of the fact that these mental phenomena play out in our brains, shielded by a solid skull.

This foundational chapter asks a counter-intuitive question: Must individuals pay taxes somewhere? Can taxpayers be blamed for accepting offers from sovereign states to reduce or even wipe out their personal tax burden? And should anyone be to blame, given the intrinsic and often confirmed value of fiscal autonomy as a central feature of statehood? It is found that – as long as there is no global tax organisation providing global public goods or global redistribution and as long as no state (neither the state of origin nor the state of destination) has a clear prerogative and obligation to tax those individuals – individuals are not morally obliged to submit to meaningful taxation in ‘some’ state.

Threats to the ability of democratically elected governments to drive and preserve their citizens’ economic development and thus promote their human rights are threats to the confidence of their citizens in democracy itself. Threats to the cyber resilience of critical infrastructure assets — that enable and preserve economic development — are threats to that very confidence. This chapter positions the technical backbones for digital public infrastructure (DPI), which delivers digitally native essential services, as critical infrastructure assets. This chapter uses the approach to DPI of the world’s largest democracy as a case study. It explores how India’s DPI — built per an open standards-based paradigm, implemented by protocols and Application Programming Interfaces (APIs) that comprise the ‘India Stack’ – operates at the scale of the world’s largest population. It finds the cyber resilience of the technical backbones for India’s DPI vital to India’s democratic resilience. This chapter thus calls on India to prosecute systemic cyber risks to these backbones that stem from the critical software running on them. India must incentivise vendors of that software to invest in the security of their software development life cycles and mitigate software supply chain risks. India must also manage open source software risks to its DPI appropriately. This chapter concludes by putting forward how India can export its approach and the India Stack. Other democracies, especially India’s Global South partners, stand to gain from its experience, including by strengthening the trust and confidence of their citizens in democracy itself, as well as by implementing norms for responsible state conduct in cyberspace that were approved by the United Nations General Assembly. Such benefits will be reinforced by Indian advice on how to deploy DPI in a cyber-resilient manner, informed by the multilateral consensus on DPI, software security and cyber resilience, which India forged as G20 President in 2023.

Remote working – strongly widespread during the covid-19 pandemic –is today one of the main forms of innovation in the world of work. As always, within innovation phenomena we have static elements, from the past, and dynamic elements, looking to change the status quo. Consequently, the evaluation of remote work may be either conservative or innovative. Remote work can be considered as a simple re-proposition of the Fordist-Taylorist Enterprise that does not actually change the characteristics of employment as a not democratic relationship involving the worker submission to the employer managerial, control and disciplinary power. On the other hand, remote work can be recognized as the symptom of a broader cultural, organizational and process change in the firm, allowing the worker to conquer new spaces of freedom and autonomy, which not only allow for a new balance in the relationship between work and life, but also redefine both the factual and juridical connotations of subordination. This chapter analyzes this second perspective and, on the basis of legislation and collective bargaining, tries to define the elements of change in the concept and morphology of subordination within the employment relationship.