Browsing by Subject "513 Law"

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  • Slotte, Pamela Paulina (Brill, 2020)
    Brill's Studies in Intellectual History
  • Morris, Patrick-Sean (Routledge, 2018)
    Routledge Research in International Law
  • Cirkovic, Elena (2021)
    With the increasing environmental degradation in spaces most affected by climate change such as the Arctic, and the extension of anthropogenic environmental problems even into the Earth's orbit, international law is confronted with some unprecedented challenges. Much of the legal dialogue surrounding this question is taking place in the abstract, such that there are no exact proposals for methodological and practical applications in lawmaking. In this Article, I argue that current governance relevant to the Arctic and outer space precedes an understanding of these spaces. Critical posthumanism, and other approaches, point out the continuation of strict boundaries that have been set up between the human body and the environment. International law's formalist doctrinal deductions exacerbate these boundaries. I propose an approach to lawmaking under a broad term: the cosmolegal. The cosmolegal proposal challenges distinctions between human-made and non-human "laws"-scientific and social laws-and questions the foundational determination of both. The framework I suggest in this Article, therefore, requires a new approximation to accuracy in lawmaking, which could be achieved by greater interdisciplinarity and acceptance of ontological pluralism. This Article is divided into two broader sections. The first section focuses on two environmental problems: A) greenhouse gas (GHG) emissions in the Arctic and B) orbital debris. The second section argues for a different ontology of law and human self-understanding in the context of the unknown. It proposes "cosmolegality" in an attempt to approximate the inclusion and representation of 'everything considered to be non-human.
  • Minkkinen, Panu (Edinburgh University Press, 2020)
  • Koskenniemi, Martti (2021)
  • Pönkä, Ilkka Hannu Ville (Cambridge University Press, 2019)
  • Björklund, Heta; Pölönen, Janne (2019)
    This article uses citation analysis to track the citation patterns of works by Fritz Schulz, Paul Koschaker, Fritz Pringsheim, Franz Wieacker and Helmut Coing - key figures in the field of Roman law - and to see whether databases, such as Google Scholar and Web of Science, provide meaningful data that accurately reflects the popularity and influence of these works. The article also takes into account those limitations regarding the availability of the material, which include the language of the publications, as well as the research field.
  • Sormunen, Milka (2019)
    The obligation to consider the best interests of the child in all cases concerning children has a central status in the United Nations Convention on the Rights of the Child 1989. This article provides a systematic comparison of how the best interests concept is understood and used in child protection and immigration jurisprudence of the European Court of Human Rights. The article compares all child protection and immigration judgments where the court has referred to the best interests of the child until the end of 2017. It shows that the court assesses the best interests of the child differently in the two case groups. First, in child protection cases, the court assumes that it is in the child’s best interests to live with her parents, whereas in immigration cases, family unity is not the starting point of the court. Secondly, in immigration cases, the child’s young age is understood as adaptability, whereas in child protection cases, young age is associated with care needs. Thirdly, the court has considered children’s views in several child protection cases but rarely in immigration cases. This article argues that, from the perspective of children’s rights, the court’s approach in immigration cases is problematic.
  • Losada, Fernando (2020)
    This article proposes a debt‐based narrative able to explain both structural and substantive changes in European integration. The narrative results from a study of the dynamics of three different sources of external debt —cross‐border trade, sovereign debt and direct debt relations between member states– in the context of the successive stages of macroeconomic integration. The outcome is the identification of three cumulative orders of debt relations that can reveal the main features of the concrete constellation of power corresponding to each of those stages. Hence, cross‐border trade was decisive during the decades of monetary cooperation. Once the European Monetary Union was agreed in Maastricht, sovereign debt, as perceived by market actors, played the key role. Finally, since the sovereign debt crisis direct debt relations between member states are essential. The EU institutional system has accordingly adapted to these different constellations and nowadays guarantees the full repayment of debts to fellow member states.
  • Strath, Bo (T & T Clark, 2019)
    Europes Legacy in the Modern World
  • Nivette, Amy E.; Zahnow, Renee; Aguilar, Raul; Ahven, Andri; Amram, Shai; Ariel, Barak; Burbano, Maria Jose Arosemena; Astolfi, Roberta; Baier, Dirk; Bark, Hyung-Min; Beijers, Joris E. H.; Bergman, Marcelo; Breetzke, Gregory; Concha-Eastman, I. Alberto; Curtis-Ham, Sophie; Davenport, Ryan; Diaz, Carlos; Fleitas, Diego; Gerell, Manne; Jang, Kwang-Ho; Kääriäinen, Juha; Lappi-Seppala, Tapio; Lim, Woon-Sik; Revilla, Rosa Loureiro; Mazerolle, Lorraine; Mesko, Gorazd; Pereda, Noemi; Peres, Maria F. T.; Poblete-Cazenave, Ruben; Rose, Simon; Svensson, Robert; Trajtenberg, Nico; van der Lippe, Tanja; Veldkamp, Joran; Perdomo, Carlos J. Vilalta; Eisner, Manuel P. (2021)
    The implementation of COVID-19 stay-at-home policies was associated with a considerable drop in urban crime in 27 cities across 23 countries. More stringent restrictions over movement in public space were predictive of larger declines in crime. The stay-at-home restrictions to control the spread of COVID-19 led to unparalleled sudden change in daily life, but it is unclear how they affected urban crime globally. We collected data on daily counts of crime in 27 cities across 23 countries in the Americas, Europe, the Middle East and Asia. We conducted interrupted time series analyses to assess the impact of stay-at-home restrictions on different types of crime in each city. Our findings show that the stay-at-home policies were associated with a considerable drop in urban crime, but with substantial variation across cities and types of crime. Meta-regression results showed that more stringent restrictions over movement in public space were predictive of larger declines in crime.
  • Nuotio, Kimmo (2020)
    European Union (EU) law is known for its strong emphasis on effectivity and more generally for its instrumental character. This is not foreign even to European criminal law, a feature which creates some tension between the EU criminal law and criminal law in the national setting. EU Framework Decisions and Directives often require the Member States to criminalize certain forms of conduct with sanctions that are ‘Effective, Dissuasive and Proportionate’. In this article, I try to show that it would be timely to look at EU criminal law from an alternative point of view, as a more mature law. I call this a legitimacy-based approach. Such a reading would ease some of these tensions. It would also be helpful in developing a criminal policy for the EU, a policy which would be realistic and pragmatic. And it would be easier to look at EU criminal law from the point of view of justice. In order to get there, we need to see where the (current) narrow deterrence argument gets is wrong or one-sided. Some social theory is needed in order to make the point.
  • Koskenniemi, Martti Antero; Kari, Ville Petteri (Oxford University Press, 2018)
    This chapter explores the origins of the disciplines of international and comparative law in nineteenth-century Europe. It charts in broad terms the emergence of comparative studies of law in France, Germany, Britain, and elsewhere among jurists and scholars who sought to deploy the language of law in the service of both universal and domestic 'civilization'. In an age of rapid societal, economic, constitutional, and technological change, a progressive spirit of development of the law in all its dimensions thrived in a constant intercourse between the national, colonial, and international legal spheres of thought. Later in the century, various specialized branches of cosmopolitan legal studies including international law and comparative law branched off to their own academic and institutional fields. These nonetheless continued to share many ideas about universal justice, the liberal ideals, the role of Europe in the world, and other matters.
  • Brouwer, Dennis Jeroen (2020)
    The gatekeeper position of app store operators gives them the power to favour their own and the most popular applications in the rankings of search results. Based on parallels with the non-discrimination principle in the European Union's Regulation on Open Internet Access, this article formulates a list of permitted and forbidden ranking rationales for app store operators. Permitted ranking rationales include text relevance, price, quality and the legality of content. These rationales contrast with the forbidden ranking rationales, such as those based on self-favouring without objective justification and the popularity of applications, which potentially limit consumer choice and distort the digital level playing field.
  • Koskenniemi, Martti (2006)
  • Neuvonen, Päivi Johanna (2020)
    The mainstream democratic critique of EU law rejects the argument that standard EU citizenship rights have a democracy-enhancing effect within the EU Member States. This Article shows how the democratic critique can benefit from a critique of critique that is missing in the discussion on the democratic effects of EU law. From this perspective, the Article makes an original contribution to critical EU legal studies at three levels. First, the critique of essentialist binary oppositions revisits what is political in the interests protected under EU citizenship rights. Second, the Article demonstrates how an Arendtian theory of political judgment counteracts the mainstream democratic critique in assessing the effects of EU citizenship law on democratic politics. Finally, reopening the question of what the conditions for democracy are translates into a methodological argument that rejectionist critique must yield to a more developed critical methodology in EU legal studies.
  • Tuori, Kaarlo (Edward Elgar, 2019)
  • Yoon, Sangwon; Speyer, Renee; Cordier, Reinie; Aunio, Pirjo; Hakkarainen, Airi (2021)
    Aims: Child maltreatment (CM) is a serious public health issue, affecting over half of all children globally. Although most CM is perpetrated by parents or caregivers and their reports of CM is more accurate than professionals or children, parent or caregiver report instruments measuring CM have never been systematically evaluated for their content validity, the most important psychometric property. This systematic review aimed to evaluate the content validity of all current parent or caregiver report CM instruments. Methods: A systematic literature search was performed in CINAHL, Embase, ERIC, PsycINFO, PubMed, and Sociological Abstracts; gray literature was retrieved through reference checking. Eligible studies needed to report on content validity of instruments measuring CM perpetrated and reported by parents or caregivers. The quality of studies and content validity of the instruments were evaluated using the COnsensus-based Standards for the selection of health Measurement INstruments guidelines. Results: Fifteen studies reported on the content validity of 15 identified instruments. The study quality was generally poor. The content validity of the instruments was overall sufficient, but most instruments did not provide high-quality evidence for content validity. Conclusions: Most instruments included in this review showed promising content validity. The International Society for the Prevention of Child Abuse and Neglect Child Abuse Screening Tool for use in Trial appears to be the most promising, followed by the Family Maltreatment-Child Abuse criteria. However, firm conclusions cannot be drawn due to the low quality of evidence for content validity. Further studies are required to evaluate the remaining psychometric properties for recommending parent or caregiver report CM instruments.
  • Zhang, Kangle (Springer, 2018)
    The term “end-poverty” is deployed by the World Bank (WB) in working with the Asian Infrastructure Investment Bank (AIIB) and countries along the Belt and Road on the Belt and Road Initiative (BRI). This chapter contextualizes the BRI in a world a struggle, one in which actors take actions, based on their own field of expertise and knowledge, to further their interests. Inspired by David Kennedy’s argument of the role of expertise in a world of struggle, this chapter explores the role of the term, “end poverty”, in enabling relevant actors to further their interests. This chapter argues that “end poverty” is the middle-ground between various actors, including the sovereign nations, new and established financial institutions involved in the BRI. The moral endowment and indeterminacy of the term enables WB and other institutions, including AIIB and New Development Bank (NDB), to engage with the BRI for the purpose of its own agendas. The term, as well, facilitates China to deploy its global strategy in the political economy of the contemporary world. The indeterminacy of the term, however, covers up the story of the struggle of the member countries of the new institutions for strategic advantages in multilateral lending and global economic governance, and largely conceals the political objectives and effects of particular countries within the new institutions. The term as well neglects the sufferings of those disadvantaged in regions and countries of the BRI, that the BRI projects strengthens the elites and their power in the recipient countries over their populations. In deploying the term and furthering the global strategy, China’s infrastructure financing increases uncertainty and risks in the global financial system.