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
  • Minkkinen, Panu (Edinburgh University Press, 2020)
  • 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.
  • Strath, Bo (T & T Clark, 2019)
    Europes Legacy in the Modern World
  • 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)
  • 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.
  • Heffron, Raphael J.; Ronne, Anita; Tomain, Joseph P.; Bradbrook, Adrian; Talus, Kim Patrik (2018)
    It is now over 20 years since the seminal paper on energy law as a discipline was published. The aim of this article is to review what currently constitutes energy law after this 20-year hiatus. There are two main ambitions of this article, which we hope will have a similar impact on the field. The first is to develop for scholars and practitioners a view of what constitutes energy law-and to make this accessible to both law and non-law energy scholars. The second is to advance a set of core principles that guide energy law, in essence a treatise for energy law. We advocate for a paradigm shift in our current understanding of what constitutes energy law. We advance that it should revolve around this set of guiding principles; however, we acknowledge that to some degree it is perhaps not a paradigm shift due to the current absence of any core principles of energy law. Nevertheless we argue that in our advancing of a guiding set of principles we set out a new path for the study of energy law and thus we aim to change what constitutes energy law and challenge the assumptions of existing researchers as globally society moves towards a transition to low-carbon economies.
  • Minkkinen, Panu (2016)
    A review essay of Hans Lindahl, Fault Lines of Globalization (OUP, 2013).
  • Vainio, Niklas Tapio (2018)
    The Nordic countries have a long history of public access to official documents. In this respect, Nordic administrations are significantly more open than their non-Nordic counterparts in the European Union. In recent decades, the weight of the right to privacy and the right to protection of personal data has increased in European Union law. Data protection has been given the status of a fundamental right and the new General Data Protection Regulation came into effect on 25 May 2018. Taking into account the strict conditions that EU courts have defined for access to documents containing personal data, will the new Regulation limit the currently broad access in the Nordic countries?