Search result: 116 articles

x

Petra Lea Láncos
Adjunct professor, Péter Pázmány Catholic University, Faculty of Law; Legal advisor to the Hungarian Ombudsman for Future Generations.

Tamás Wetzel
Deputy secretary of state responsible for Hungarians living abroad.

Kinga Debisso
Lecturer, Péter Pázmány Catholic University, Faculty of Law; Legal adviser to the Hungarian Ombudsman for Future Generations.
Article

Access_open International Criminal Court in the Trenches of Africa

Journal African Journal of International Criminal Justice, Issue 0 2014
Keywords Africa and International Criminal Court, Amnesty and war crimes, International Criminal Court, International criminal justice, Peace agreements
Authors Lydia A. Nkansah
AbstractAuthor's information

    The pursuit of international criminal justice in Africa through the International Criminal Court (ICC) platform has not been without hitches. There is a rift between the African Union (AU), as a continental body, and the ICC owing to the AU’s perception that the ICC is pursuing selective justice and the AU’s misgivings about the ICC’s indictment /trial of some sitting heads of states in Africa. This article argues that the claim of selective justice cannot be dismissed because it undermines the regime of international criminal justice. The indictment/trial of serving heads of states also has serious constitutional and political implications for the countries involved, but this has been ignored in the literature. Further, the hitches arise both from the failure of the ICC to pay attention to the domestic contexts in order to harmonize its operations in the places of its interventions and from the inherent weakness of the ICC as a criminal justice system. The ICC, on its part, insists that any consideration given to the domestic contexts of its operations would undermine it. Yet the ICC’s interventions in Africa have had serious political, legal and social implications for the communities involved, jeopardizing the peaceful equilibrium in some cases. This should not be ignored. Using the law to stop and prevent international crimes in African societies would require a concerted effort by all concerned to harmonize the demand for justice with the imperatives on the ground.


Lydia A. Nkansah
LL.B, LL.M (Bendel State University), BL (Ghana & Nigeria), PhD (Walden University) is Senior Lecturer, Faculty of Law, Kwame Nkrumah University of Science and Technology, Kumasi, Ghana. The section of the article under the subheading “Putting the ICC in the Domestic Contexts of its Operation” is partly based on some ideas from the author’s PhD dissertation titled ‘Transitional Justice in Postconflict Contexts: The Case of Sierra Leone’s Dual Accountability Mechanisms’, submitted to Walden University, 2008.

    The Versailles Treaty (Art. 227) called for the prosecution of Wilhelm II, the German ex-Kaiser. Because of the refusal of the Dutch Government to surrender Wilhelm, a trial never took place. This paper tries to elaborate some questions concerning this possible trial. What was the background of the said Treaty paragraph? What would have happened when Wilhelm had been surrendered? Based on a report of a special committee to the peace conference, the possible indictment is discussed. The authors try to elaborate some thoughts for answering the question about Wilhelm’s criminal responsibility, especially as author of the war (‘ius ad bellum’) by starting an aggressive war and/or by violating the neutrality of Belgium and Luxemburg. Wilhelm’s possible responsibility for violations of the ‘ius in bello’ (laws and customs of war) in Belgium, France, and Poland and/or by ordering an unlimited submarine war is discussed as well. It is concluded that it would have been very difficult for the tribunal to have Wilhelm find criminal responsible for the indictment, except for the violation of the neutrality of Belgium and Luxemburg. But then, the tribunal would have been obliged to answer fundamental questions about the command responsibility of Wilhelm. From a point of view of international criminal law, it is rather unfortunate that the unique opportunity for a ‘Prologue to Nuremberg’ was not realised, although a trial would not have made history take a different turn than it did in the twentieth century after the ‘Great War’.


Paul Mevis
P.A.M. Mevis is professor of criminal law at the Erasmus University Rotterdam. Prof. Mevis wrote before ‘De berechting van Wilhelm II’, in J. Dohmen, T. Draaisma & E. Stamhuis (ed.), Een kwestie van grensoverschrijding. Liber amicorum P.E.L. Janssen (2009), at 197-231.

Jan M. Reijntjes
J.M. Reijntjes is professor of (international) criminal law at the University of Curaçao.
Article

Democracy, Constitutionalism and Shariah

The Compatibility Question

Journal European Journal of Law Reform, Issue 2 2014
Authors A.T. Shehu
Abstract

    This article is a contribution and a response to the debate on the compatibility, or rather the incompatibility, of Islam and Shariah with democracy and constitutionalism. The debate has been both inter and intra; Muslims as well as non-Muslims are divided among themselves on the issue. A careful synthesis of the arguments on both sides shows fundamental problems of semantics and lack of proper appreciation of the issues involved because of divergent construction of the basic rules and normative concepts. This article identifies as a problem the tendency for cultural prejudice and intolerance to largely determine the direction of the debate and endure not only a ‘clash of civilizations’, but also, in reality, a clash of normative concepts. This article contends that Islam is more democratic in nature and that Shariah itself is a system of constitutionalism; needless to say, the objectionists have long forgotten that, in essential formulations, Shariah is the foundation of thoughts on human rights.


A.T. Shehu
Article

Access_open What Makes Age Discrimination Special? A Philosophical Look at the ECJ Case Law

Journal Netherlands Journal of Legal Philosophy, Issue 1 2014
Keywords age discrimination, intergenerational justice, complete-life view, statistical discrimination, anti-discrimination law
Authors Axel Gosseries
AbstractAuthor's information

    This paper provides an account of what makes age discrimination special, going through a set of possible justifications. In the end, it turns out that a full understanding of the specialness of age-based differential treatment requires that we consider together the ‘reliable proxy,’ the ‘complete-life neutrality,’ the ‘sequence efficiency’ and the ‘affirmative egalitarian’ accounts. Depending on the specific age criteria, all four accounts may apply or only some of them. This is the first key message of this paper. The second message of the paper has to do with the age group/birth cohort distinction. All measures that have a differential impact on different cohorts also tend to have a differential impact on various age groups during the transition. The paper points at the practical implications of anti-age-discrimination law for differential treatment between birth cohorts. The whole argument is confronted all along with ECJ cases.


Axel Gosseries
Axel Gosseries is a permanent research fellow at the Belgian FRS-FNRS and a Professor at the University of Louvain (UCL, Belgium) where he is based at the Hoover Chair in Economic and Social Ethics.
Article

Legislative Techniques in Rwanda

Present and Future

Journal European Journal of Law Reform, Issue 3 2013
Keywords legislative drafting, law-making, drafting techniques, Rwanda, quality of legislation
Authors Helen Xanthaki
AbstractAuthor's information

    This report is the result of the collective work of 26 Rwandan civil servants from a number of ministries, who set out to offer the Ministry of Justice a report on legislative drafting in Rwanda. The work was undertaken under the umbrella of the Diploma in Legislative Drafting offered by the Institute for Legal Professional Development (ILPD) in Nyanza under the rectorship of Prof. Nick Johnson. The authors have used their experience of practising drafting in Rwanda, but have contributed to the report in their personal capacity: their views are personal and do not reflect those of the Government of Rwanda.
    My only contribution was the identification of topics, which follows the well-established structure of manuals and textbooks in drafting; the division of the report into two parts: Part 1 on the legislative process and Part 2 on drafting techniques; and the methodology of each individual entry to our report: what is current Rwandan practice, what are international standards, what is the future of Rwanda, and a short bibliography to allow the readers and users of the report to read further, if needed.
    The strength of this report lies both in the methodology used and in the content offered. The breakdown of topics, their prioritization and their sequence allow the reader to acquire a holistic view on how legislation is drafted in Rwanda, but there is nothing to prevent its use in the context of surveys on legislative drafting and legislative quality in other jurisdictions. The content offers a unique insight into the legislative efforts of a jurisdiction in transition from civil to common law: both styles are assessed without prejudice, thus offering a unique fertile ground for critical assessment and practical impact analysis.
    June 2013


Helen Xanthaki
Senior Lecturer and Academic Director, Centre for Legislative Studies, Institute of Advanced Legal Studies, School of Advanced Study, University of London, Lawyer (Athens Bar).
Article

Gender Equality Laws in the Post Socialist States of Central and Eastern Europe

Mainstream Fixture or Fizzer?

Journal European Journal of Law Reform, Issue 4 2012
Keywords gender equality laws, enforcement mechanisms, rule of law, post-socialist states, European Union
Authors Christine Forster and Vedna Jivan
AbstractAuthor's information

    In Central and Eastern European countries, the enactment of gender equality laws (GELs), defined as stand-alone national legislation that provide an overarching legislative response to gender discrimination as distinct from the traditional approach of incorporating gender equality provisions into existing legislation or constitutions, has been a marked regional trend since the collapse of the Soviet Union. However, rather than being driven by domestic movements for change, GELs seem primarily to have emerged due to pressure from development agencies, potential trading partners and donor organisations which predicate their assistance and business on the establishment of the ‘rule of law’ and of particular relevance in the region the desire to join the European Union (EU), which requires potential members to introduce gender equality legislation as part of the communtaire aquis. Despite the widespread enactment of GELs in the region, research suggests that the implementation of GELs has been slow, inefficient and in some cases non-existent. Reasons posited for this include a lack of judicial familiarity with new concepts contained in the legislation, the use of legislation taken from models in existing member states, lack of information disseminated about the new laws to relevant parties, weak political support and capacity weakness in states that are resource stretched. This article considers a further reason – the weakness of the enforcement and implementation mechanisms in the laws themselves and argues that despite the placement of expansive positive duties on a range of public and private actors in many of the GELs, the implementation and enforcement mechanisms of the fifteen GELs considered are weak. Consequently, despite their remarkable scope the duties created under the GELs are largely symbolic and will continue to be so unless, such legislation is amended to include mechanisms to enable the realization of those duties in practice.


Christine Forster
Christine Forster is a senior lecturer at the Faculty of Law of the University of New South Wales, Australia.

Vedna Jivan
Vedna Jivan is Senior Lecturer, UTS Faculty of Law, Australia.
Discussion

Access_open Who is ‘we’?

Journal Netherlands Journal of Legal Philosophy, Issue 3 2012
Keywords democracy, we, world, self-government, democratic impulse
Authors Evert van der Zweerde
AbstractAuthor's information

    Which human material forms the real basis of a democratic polity, i.e. of the preconditions of a ‘we’ that inhabits a ‘world’? How is a political ‘we’ related to the ‘we’ that is created by systemic processes of subjectivization? These questions presents themselves with new relevance in a ‘globalized’ world, in which democratic spurts and waves spread from other parts of the world to the West, and in which the liberal-democratic rule of law state appears to be undermining its own moral preconditions. The real task ahead is to find out what ‘we’ denotes politically.


Evert van der Zweerde
Evert van der Zweerde is Professor of Political Philosophy at Radboud University, Nijmegen.
Discussion

Access_open ‘Nothing Spells Freedom Like a Hooters Meal’

Journal Netherlands Journal of Legal Philosophy, Issue 3 2012
Keywords Enlightenment universalism, self-governance, freedom, moral point of view, political participation
Authors Ronald Tinnevelt
AbstractAuthor's information

    Winter’s criticism of the conventional account of freedom and democracy is best understood against the background of the history of Enlightenment critique. Winter claims that our current misunderstanding of freedom and self-governance is the result of the strict dichotomy between subject and object. This paper critically reconstructs Winter’s notion of freedom and self-governance which does not adequately address (a) the details of his anti-collectivist claim, and (b) the necessary conditions for the possibility of a moral point of view. This makes it difficult to determine how Winter can distinguish between freedom and lack of freedom, and to assess the limited or radical nature of his critique of Enlightenment universalism.


Ronald Tinnevelt
Ronald Tinnevelt is Associate Professor Philosophy of Law at Radboud University, Nijmegen.
Article

Access_open ‘Down Freedom’s Main Line’

Journal Netherlands Journal of Legal Philosophy, Issue 3 2012
Keywords democracy, radical freedom, free market economy, consumerism, collective action
Authors Steven L. Winter
AbstractAuthor's information

    Two waves of democratization define the post-Cold War era of globalization. The first one saw democracies emerge in post-communist countries and post-Apartheid South Africa. The current wave began with the uprisings in the Middle East. The first focused on the formal institutions of the market and the liberal state, the second is participatory and rooted in collective action. The individualistic conception of freedom and democracy that underlies the first wave is false and fetishistic. The second wave shows democracy’s moral appeal is the commitment to equal participation in determining the terms and conditions of social life. Freedom, thus, requires collective action under conditions of equality, mutual recognition, and respect.


Steven L. Winter
Steven L. Winter is Walter S. Gibbs Professor of Constitutional Law at Wayne State University Law School, Detroit, Michigan.
Article

Leidt meer kennis over de Europese Unie tot een sterkere Europese identiteit?

Een vergelijkend onderzoek bij adolescenten in 21 lidstaten

Journal Res Publica, Issue 4 2012
Keywords European identity, European Union, ICCS 2009, political knowledge
Authors Soetkin Verhaegen, Marc Hooghe and Yves Dejaeghere
AbstractAuthor's information

    Strengthening European citizenship is often considered as a ‘cure’ for the democratic deficit and the lack of legitimacy of the European Union. The present article focuses on the identity component of European citizenship, which is a core component of European citizenship. We distinguish two possible ways to strengthen European identity: a cognitive one (more knowledge about the EU leads to a stronger identity) and a utilitarian one (living in a member state that benefits more from its EU-membership leads to a stronger European identity). We test both explanatory models using a multilevel analysis on the data of the International Civic and Citizenship Education Study. 70,502 adolescents from 21 European member states were questioned in this study. Results indicate that knowledge about the EU only has a limited effect on European identity. The degree in which a member state contributes to the European budget does not seem to have an effect on the strength of European identity at all.


Soetkin Verhaegen
Soetkin Verhaegen is onderzoeker aan het Center for Citizenship and Democracy van de KULeuven. Zij is verbonden aan de Parent Child Socialization Study en bereidt een doctoraat voor over de ontwikkeling van Europese identiteit.

Marc Hooghe
Marc Hooghe is gewoon hoogleraar aan de KULeuven en visiting professor aan de Université Lille-II en de Universität Mannheim. Hij bekleedt dit jaar de Francqui-leerstoel aan de Vrije Universiteit Brussel.

Yves Dejaeghere
Yves Dejaeghere is doctor in de politieke wetenschappen, verbonden aan het Center for Citizenship and Democracy van de KULeuven. Hij was medeverantwoordelijk voor de Belgian Political Panel Study (BPPS, 2006-2011).
Article

Ontzuiling van kiesgedrag. Een proces van generationele vervanging gedreven door cognitieve mobilisatie?

Een age-period-cohort-analyse van stemmen voor CDA en PvdA in Nederland, 1971-2010

Journal Res Publica, Issue 3 2012
Keywords generational replacement, age-period-cohort-analysis, composition effects, cognitive mobilization, the Netherlands, cleavage voting
Authors Ruth Dassonneville
AbstractAuthor's information

    Electoral behavior has changed considerably over the last few decades. The Netherlands are exemplary of how the cleavage structure has waned and how this has led to a weakening of the bonds between parties and voters and to higher levels of electoral volatility. Christian democratic and social democratic parties are most affected by these changes, because of their strong roots in the cleavage structure. The alterations in electoral behavior are generally assumed to be evolving gradually through a process of generational replacement. Composition effects on the one hand and a weakening of the impact of socio-structural factors, partly caused by cognitive mobilization on the other hand are considered to be the mechanisms behind this generational change. This paper tests these assumptions with regard to the Netherlands on the basis of the Dutch Parliamentary Election Surveys, 1971-2010. The findings indicate that while some variation between different birth cohorts is visible, most of the differences in voting for both of these parties, however, are situated at the level of election years. Furthermore, with regard to what drives change over time, the analyses indicate that while composition effects and changes in the effects of socio-structural variables are of some importance, cognitive mobilization is not causing the change observed.


Ruth Dassonneville
Ruth Dassonneville is als aspirant van het FWO verbonden aan het Departement Politieke Wetenschappen van de KULeuven. Ze bereidt een proefschrift voor over electorale volatiliteit in West-Europa.
Article

Tweede Orde Personalisering: Voorkeurstemmen in Nederland

Journal Res Publica, Issue 2 2012
Keywords preference voting, personalization, Dutch national elections, expressive voting
Authors Joop J.M. Van Holsteyn and Rudy B. Andeweg
AbstractAuthor's information

    If the impact of party leaders on the electoral fate of their parties may be called first order personalization, this paper addresses second order personalization: a preference for an individual candidate having to do with that person embedded in a prior choice for the candidate’s party. Using survey data and election results with respect to intraparty preference voting in The Netherlands, this study explores the characteristics of both voters casting a vote for a candidate other than the party leader and candidates receiving preference votes. Given the increase in intraparty preference voting, second order personalization has increased considerably in recent decades. Moreover, the correlates of second order personalization differ from those identified for first order personalization: intraparty preference votes are cast more often by higher educated, politically interested and efficacious female voters. Intraparty preference voting also seems to be a form of expressive rather than instrumental electoral behaviour: female candidates, and to a lesser extent ethnic candidates, receive more preference votes, but such votes are cast predominantly for the highest placed female (or ethnic) candidate on the list – candidates who would be elected on the basis of their position on the party list anyway.


Joop J.M. Van Holsteyn
Joop van Holsteyn is als universitair hoofddocent en bijzonder hoogleraar Kiezersonderzoek verbonden aan het Instituut voor Politieke Wetenschap van de Universiteit Leiden. Zijn onderzoek is gericht op diverse aspecten van politieke houdingen, publieke opinie en politiek en electoraal gedrag.

Rudy B. Andeweg
Rudy Andeweg is als hoogleraar empirische politicologie verbonden aan het Instituut voor Politieke Wetenschap van de Universiteit Leiden. Zijn onderzoek is gericht op diverse aspecten van politieke representatie.
Article

Access_open Boosting Our Future Quotient

Journal The Dovenschmidt Quarterly, Issue 1 2012
Keywords intergenerational, future-readiness, paradigm shift, future quotient, leadership dimensions, sustainability
Authors John Elkington
AbstractAuthor's information

    This article argues that efforts to implement CSR and sustainability will need increasingly long-term strategy and action, at a time when both our financial and ecological systems are in growing crisis. The resulting need to wind down dysfunctional economic and business models of the nineteenth and twentieth century is increasingly apparent. New ones now need be created that are fit for the future. This will be a future with powerful new players (e.g. China, India, Brazil) and with more than 9 billion people in a world already in “ecological overshoot. We need to the opportunity to create and shape a new order that will meet the needs of present and future generations.The article introduces the FQ concept, spotlights some key dimensions of high FQ-leadership and begins to sketch out a method to measure the future-readiness of leaders. In this context, the MindTime concept is presented as a potential tool to identify and evolve the relevant styles of thinking. The author identifies some sectors with a particular propensity for long-term thinking and concludes that high-FQ leaders demonstrate a number of specific characteristic, summarized here in what is dubbed the 7Cs approach.


John Elkington
Executive Chairman of Volans (<www.volans.com>) and Non-Executive Director at SustainAbility (<www.sustainability.com>).
Article

Waar en wanneer spreken mannen en vrouwen over politiek?

De sekseverschillen in politieke discussie in hun sociale en politieke context

Journal Res Publica, Issue 1 2012
Keywords deliberative democracy, political talk, gender differences, Belgium
Authors Didier Caluwaerts
AbstractAuthor's information

    Deliberative democrats claim that political deliberation among citizens increases the legitimacy of and support for democratic decision-making. The question is, however, whether deliberative democracy can realize its added value in the real world of politics where political discussion is characterized by persisting inequalities. This paper tries to contextualize the gender gap in political talk by taking into account the social (i.e., discussion networks) and political context (i.e., campaign effects) in which political debate takes place. Based on previous research we argue that women prefer to discuss politics in relatively like-minded, cohesive networks, while men prefer more confrontational networks. Moreover, we expect the gender gap to depend on the electoral context, in that the gender gap disappears in later campaign phases. These two arguments were tested and confirmed using data gathered in the Partirep Regional Election Survey in 2009.


Didier Caluwaerts
Didier Caluwaerts is postdoctoraal onderzoeker in de Vakgroep Politieke Wetenschappen van de VUB. Zijn onderzoek gaat over deliberatieve democratie in diep verdeelde samenlevingen.

Bruno Frey
Institute for Empirical Economic Research, University of Zurich, Blümlisalpstrasse 10, CH-8006 Zurich, Switzerland. Tel: ++41-1-634 37 30/31; Fax: ++41-1-634 49 07; E-mail: bsfrey@iew.unizh.ch. I am grateful for helpful comments to Reiner Eichenberger and Reto Jegen.

Richard Franklin Mbaruku
The author is a Parliamentary Draftsman in the Office of the Attorney General in Tanzania and holds an MA in Legislative Studies (2004/2005) (Institute of Advanced Legal Studies).

Margherita Poto
PhD, University of Pavia. Visiting researcher at Max Planck Institut für ausländisches und öffentliches Recht und Völkerrecht, Heidelberg. I am grateful to Prof. A. von Bogdandy, Director of the Max Planck Institute and to Prof. Tony Prosser, University of Bristol, for helpful comments. I would also like to express my gratefulness to Prof. R. Caranta, University of Turin. All mistakes remain mine.

Federico Ferretti
Avvocato and Lecturer, Brunel Law School, Brunel University, UK.
Showing 81 - 100 of 116 results
1 2 3 5
You can search full text for articles by entering your search term in the search field. If you click the search button the search results will be shown on a fresh page where the search results can be narrowed down by category or year.