Search result: 117 articles

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Year 2020 x
Article

Access_open The Relationship between Empirical Legal Studies and Doctrinal Legal Research

Journal Erasmus Law Review, Issue 2 2020
Keywords empirical legal studies, legal research methods, doctrinal legal research, new legal realism, critical legal studies, law and policy
Authors Gareth Davies
AbstractAuthor's information

    This article considers how empirical legal studies (ELS) and doctrinal legal research (DLR) interact. Rather than seeing them as competitors that are methodologically independent and static, it suggests that they are interdependent activities, which may each be changed by interaction with the other, and that this change brings both opportunities and threats. For ELS, the article argues that DLR should properly be understood as part of its theoretical framework, yet in practice little attention is given to doctrine in empirical work. Paying more attention to DLR and legal frames generally would help ELS meet the common criticism that it is under-theorised and excessively policy oriented. On the other hand, an embrace of legal thinking, particularly of critical legal thinking, might lead to loss of status for ELS in policy circles and mainstream social science. For DLR, ELS offers a chance for it to escape the threat of insular sterility and irrelevance and to participate in a founded commentary on the world. The risk, however, is that in tailoring legal analysis to what can be empirically researched legal scholars become less analytically ambitious and more safe, and their traditionally important role as a source of socially relevant critique is weakened. Inevitably, in offering different ways of moving to normative conclusions about the law, ELS and DLR pose challenges to each other, and meeting those challenges will require sometimes uncomfortable self-reflection.


Gareth Davies
Gareth Davies is Professor of European Law at the Faculty of Law of the Vrije Universiteit Amsterdam.
Article

Access_open Basel IV Postponed: A Chance to Regulate Shadow Banking?

Journal Erasmus Law Review, Issue 2 2020
Keywords Basel Accords, EU Law, shadow banking, financial stability, prudential regulation
Authors Katarzyna Parchimowicz and Ross Spence
AbstractAuthor's information

    In the aftermath of the 2007 global financial crisis, regulators have agreed a substantial tightening of prudential regulation for banks operating in the traditional banking sector (TBS). The TBS is stringently regulated under the Basel Accords to moderate financial stability and to minimise risk to government and taxpayers. While prudential regulation is important from a financial stability perspective, the flipside is that the Basel Accords only apply to the TBS, they do not regulate the shadow banking sector (SBS). While it is not disputed that the SBS provides numerous benefits given the net credit growth of the economy since the global financial crisis has come from the SBS rather than traditional banking channels, the SBS also poses many risks. Therefore, the fact that the SBS is not subject to prudential regulation is a cause of serious systemic concern. The introduction of Basel IV, which compliments Basel III, seeks to complete the Basel framework on prudential banking regulation. On the example of this set of standards and its potential negative consequences for the TBS, this paper aims to visualise the incentives for TBS institutions to move some of their activities into the SBS, and thus stress the need for more comprehensive regulation of the SBS. Current coronavirus crisis forced Basel Committee to postpone implementation of the Basel IV rules – this could be perceived as a chance to complete the financial regulatory framework and address the SBS as well.


Katarzyna Parchimowicz
Katarzyna Parchimowicz, LLM. Finance (Frankfurt), is PhD candidate at the University of Wrocław, Poland, and Young Researcher at the European Banking Institute, Frankfurt, Germany.

Ross Spence
Ross Spence, EURO-CEFG, is PhD Fellow at Leiden University Law School, and Young Researcher at the European Banking Institute and Research Associate at the Amsterdam Centre for Law and Economics.

Christa Pelikan
Christa Pelikan is a senior researcher and senior consultant with the Institute for the Sociology of Law and Criminology in Vienna, Austria, she has been a founding member of the European Forum for Restorative Justice. Contact author: christa.pelikan@irks.at.

Tim Chapman
Tim Chapman is an independent researcher and trainer and chair of the European Forum for Restorative Justice since 2016. Contact author: info@timchapman.eu.

Gerd Delattre
Gerd Delattre was head of the TOA-Servicebureau by DBH e. V. in Cologne/Germany for over 20 years. He is considered a pioneer of victim-offender mediation in Germany.

Christoph Willms
Christoph Willms is assistant to the head of the TOA-Servicebureau by DBH e. V. Contact authors: gerd@delattre.de, christophwillms@web.de.

Albert Dzur
Albert Dzur is Distinguished Research Professor, Departments of Political Science and Philosophy, Bowling Green State University, USA. Contact author: awdzur@bgsu.edu.

Yoko Hosoi
Yoko Hosoi is Emeritus Professor, Toyo University, Tokyo, Japan.

Tetsu Harayama
Tetsu Harayama is a Visiting Researcher, Toyo University, Tokyo, Japan.
Article

The Role of the Seat in Smart Contract Disputes

Journal International Journal of Online Dispute Resolution, Issue 1 2020
Keywords smart contracts, international commercial arbitration, blockchain technology, online arbitration
Authors Diana Itzel Santana Galindo
AbstractAuthor's information

    Over the past few decades, international commercial arbitration has experienced major developments in various fields. A major recent development that will spread widely in the years to come relates to technology and the necessity of international commercial arbitration to adapt to the new needs of the market. The path of technological development in commerce is determined by forces other than the needs of legal practitioners. Moreover, the lack of real connection to a sole place, in disputes where the multi-parties have not selected the seat, can create serious obstacles for the arbitral proceedings in blockchain technology disputes. In this regard, smart contracts, however, appear to have identifiable parties with an identified physical point of connection that ultimately can be adapted to the existing place of the arbitration theory within the international arbitration legal framework.


Diana Itzel Santana Galindo
LL.M. graduate in Comparative and International Dispute Resolution at Queen Mary University of London. Legal internship experiences at the Korean Commercial Arbitration Board (KCAB International), Beijing Arbitration Commission (BAC/BIAC), and the Hong Kong International Arbitration Centre (HKIAC).
Article

Online Dispute Resolution in a Traditional Justice System

Journal International Journal of Online Dispute Resolution, Issue 1 2020
Keywords ODR, traditional justice system, insecure areas, Afghanistan
Authors Fathudin Yazdani
AbstractAuthor's information

    This article examines the applicability of Online Dispute Resolution (ODR) in Afghanistan. It evaluates whether ODR can resolve disputes in a traditional justice system, like Jirga, where the formal justice system is weak. This analysis questions whether ODR can complement the traditional jurisdiction system, where the public relies on customary practices to solve disputes. Further, the analysis focuses on the applicability of ODR in insecure areas, where access to formal judicial processes is limited. The findings from this study suggest the development of effective dispute resolution mechanisms in Afghanistan, mainly using ODR.


Fathudin Yazdani
Yazdani Fathudin completed his Post Graduation in Master of Science in Law (MSL) from The University of The Pacific McGeorge School of Law in 2020. He served as a legal advisor and assistant to the deputy minister ministry of interior in Afghanistan. Also, he worked as investigator and security associate in the United Nation Offices for Project Services (UNOPS) in Afghanistan.
Article

Getting Party Activists on Local Lists

How Dutch Local Party Branches Perform Their Recruitment Function

Journal Politics of the Low Countries, Issue 2 2020
Keywords municipal politics, political parties, candidate lists, local party branches, recruitment
Authors Simon Otjes, Marcel Boogers and Gerrit Voerman
AbstractAuthor's information

    This article examines what explains the performance of Dutch local party branches in the recruitment of candidates for municipal councils. Fielding a list of candidates is the most basic function of political parties. In the Netherlands, party branches are under pressure from the low number of party members. To analyse how branches fulfil their role in recruitment, we employ our own survey of the secretaries of party branches held in the run-up to the 2018 municipal election. We find that party membership drives the successful fulfilment of the recruitment function but that, more than the absolute number of members, the crucial factors are how these party members cooperate, the number of active members and the development of this number.


Simon Otjes
Simon Otjes is Assistant Professor of Dutch Politics at Leiden University and researcher at the Documentation Centre Dutch Political Parties of Groningen University. His research focuses on political parties, parliaments and public opinion. His articles have appeared in the American Journal of Political Science and in the European Journal of Political Research, among others.

Marcel Boogers
Marcel Boogers is Professor of Innovation and Regional governance at Twente University. His research focuses on the structure of and dynamics within networks of local and regional governments. Boogers combines his position at Twente University with a position as senior advisor at consultancy firm BMC.

Gerrit Voerman
Gerrit Voerman is Professor of the Development and Function of the Dutch and European Party System at Groningen University and Director of its Centre Dutch Political Parties. His research focuses on political parties, their history and their organisation. He is editor of a long-running series of books on Dutch political parties.
Article

Access_open The Feminisation of Belgian Local Party Politics

Journal Politics of the Low Countries, Issue 2 2020
Keywords local politics, local party branches, local elections, gender quotas, Belgium
Authors Robin Devroe, Silvia Erzeel and Petra Meier
AbstractAuthor's information

    This article investigates the feminisation of local politics. Starting from the observation that the representation of women in local electoral politics lags behind the regional and federal level, and taking into account the relevance of local party branches in the recruitment and selection of candidates for elections, we examine the extent to which there is an ‘internal’ feminisation of local party branches and how this links to the ‘external’ feminisation of local electoral politics. Based on surveys among local party chairs, the article maps patterns of feminisation over time and across parties, investigates problems local branches encounter in the recruitment of candidates for local elections, and analyses the (attitudes towards the) measures taken to further the integration of women in local electoral politics. We conclude that internal and external feminisation do not always go hand in hand and that local politics continues to be a male-dominated political biotope.


Robin Devroe
Robin Devroe is a postdoctoral researcher in the Department of Political Sciences of Ghent University and member of the research group GASPAR. Her main research interest is the study of the political representation of diverse social groups and voting behaviour, with a specific focus on the descriptive representation of women, and she has a fascination for experimental methods. Her doctoral work (2019, Ghent University) focused on the prevalence of political gender stereotypes among Flemish voters. In the past, Robin was a visiting scholar at Texas A&M University (2018, US). Since 2020, she has been co-convenor of the European Consortium for Political Research’s (ECPR’s) Group on Gender and Politics.

Silvia Erzeel
Silvia Erzeel is Assistant Professor at the Department of Political Science, Vrije Universiteit Brussel. Her research interests include party politics, political representation, gender and intersectionality, and comparative politics. Her current research focuses on three main areas: the integration of gender equality in political parties, intersectionality and political representation in Europe, and the consequences of economic and social inequality for representative democracy. Since 2018, she has been co-convenor of the European Consortium for Political Research’s (ECPR’s) Standing Group on Gender and Politics.

Petra Meier
Petra Meier is Professor of Politics at the Faculty of Social Sciences, University of Antwerp. Her research focuses on the (re)presentation of gender+ in politics and policies. Late work focused on the conceptualisation of symbolic representation, how it operates and the issues at stake from an inclusive perspective. Recently, she turned to study democratic deficits in federal systems, especially Belgium, and processes of de-democratisation in general. She is particularly interested in understanding how such processes affect the demos, more particularly from a gender, an LGBTQI or an ethnic perspective, and what dynamics of marginalisation and exclusion they generate.
Article

Access_open Introduction: Parties at the Grassroots

Local Party Branches in the Low Countries

Journal Politics of the Low Countries, Issue 2 2020
Authors Bram Wauters, Simon Otjes and Emilie van Haute
Author's information

Bram Wauters
Bram Wauters is Associate Professor in the Department of Political Sciences of Ghent University, where he leads the research group GASPAR. His research interests include political representation, elections and political parties, with specific attention for diversity. He has recently published on these topics in journals such as Party Politics, Political Studies, Politics & Gender and Political Research Quarterly. He is co-editor (with Knut Heidar) of ‘Do parties still represent?’ (Routledge, 2019).

Simon Otjes
Simon Otjes is Assistant Professor of Dutch Politics at Leiden University and researcher at the Documentation Centre Dutch Political Parties of Groningen University. His research focuses on political parties, parliaments and public opinion. His research has appeared in various journals, including American Journal of Political Science and European Journal of Political Research.

Emilie van Haute
Emilie van Haute is Chair of the Department of Political Science at the Université libre de Bruxelles (ULB) and researcher at the Centre d’étude de la vie politique (Cevipol). Her research interests focus on party membership, intra-party dynamics, elections and voting behaviour. Her research has appeared in West European Politics, Party Politics, Electoral Studies, Political Studies or European Political Science. She is co-editor of Acta Politica.
Article

Between Party Democracy and Citizen Democracy

Explaining Attitudes of Flemish Local Chairs Towards Democratic Innovations

Journal Politics of the Low Countries, Issue 2 2020
Keywords democratic innovations, citizen participation, local politics, Flanders, Belgium
Authors Didier Caluwaerts, Anna Kern, Min Reuchamps e.a.
AbstractAuthor's information

    As a response to the perceived legitimacy crisis that threatens modern democracies, local government has increasingly become a laboratory for democratic renewal and citizen participation. This article studies whether and why local party chairs support democratic innovations fostering more citizen participation. More specifically, we analyse the relative weight of ideas, interests and institutions in explaining their support for citizen-centred democracy. Based on the Belgian Local Chairs Survey in 2018 (albeit restricting our analysis to Flanders), the central finding is that ideas matter more than interests and institutions. Ideology is alive and kicking with regard to democratic innovation, with socialist and ecologist parties and populist parties being most supportive of participatory arrangements. By contrast, interests and institutions play, at this stage, a minor role in explaining support for participatory innovations.


Didier Caluwaerts
Didier Caluwaerts is Assistant Professor of Political Science at the Vrije Universiteit Brussel. His research and teaching deal with Belgian and comparative politics and democratic governance in deeply divided societies. His work has been published in various journals, including European Political Science Review, West European Politics, the Journal of Legislative Studies and Acta Politica.

Anna Kern
Anna Kern is Assistant Professor at research group GASPAR at the Department of Political Science of Ghent University. Her main research interests include political participation, political equality and political legitimacy. Her work has been published in international peer-reviewed journals such as West European Politics, Local Government Studies, Social Science Research and Political Behavior.

Min Reuchamps
Min Reuchamps is Professor of Political science at the Université catholique de Louvain (UCLouvain). His teaching and research interests are federalism and multilevel governance, democracy and its different dimensions, relations between language(s) and politics and, in particular, the role of metaphors, as well as participatory and deliberative methods.

Tony Valcke
Tony Valcke is Associate Professor at the Faculty of Political and Social Sciences of Ghent University. He is a member of the Centre for Local Politics (CLP) and coordinator of the Teacher Training Department. His research, publications and educational activities focus on elections and democratic participation/innovation, citizenship (education), (the history of) political institutions and (local) government reform, political elites and leadership.
PhD Review

‘From decline to revival? An analysis of party membership fluctuations in Western Europe (1990-2014)’

PhD by Vivien Sierens (Université libre de Bruxelles) supervisors: Emilie van Haute, Silvia Erzeel

Journal Politics of the Low Countries, Issue 2 2020
Authors Audrey Vandeleene
Author's information

Audrey Vandeleene
Audrey Vandeleene is BOF postdoctoral researcher at Ghent University and member of GASPAR (Ghent Association for the Study of Parties and Representation).
Article

Like Mother, Like Daughter?

Linkage Between Local Branches and Their National Party Headquarters in Belgium

Journal Politics of the Low Countries, Issue 2 2020
Keywords local branches, national party headquarters, linkage, integration, multilevel parties
Authors Kristof Steyvers
AbstractAuthor's information

    This article scrutinises local-national linkage in Belgium to better understand territorial power relations in multilevel parties. Drawing on a survey of local chairs of national parties, it adopts an innovative, informal and bottom-up approach. The descriptive analysis reveals two central axes in the morphology of linkage: scope (downward support and upward influence) and surplus (benefits versus costs). However, (the valuation of) this interdependence appears as a matter of degree. The explanatory analysis therefore probes into the effect of macro- (between environments), meso- (between parties) and micro- (within parties) level factors. It demonstrates that variance is explained by different parameters. For scope, differences between parties trump those within them. For surplus, specific differences between parties as well as within them matter. The answer to our guiding question is therefore variegated: it depends on for what and for whom.


Kristof Steyvers
Kristof Steyvers is Associate Professor in the Department of Political Science of Ghent University (Belgium). His research is conducted in the Centre for Local Politics, where he focuses on topics such as local political leadership, parties and elections at the local level, local government in multilevel governance and local government reforms (often from a comparative perspective).
Article

Access_open Recourse to Mediation in Times of Crisis

Is Business Ripe for a New Approach That Saves Time and Preserves Relationships, Also in the Field of Competition Law?

Journal Corporate Mediation Journal, Issue 1 2020
Keywords cross-border mediation, crises, Covid-19
Authors Pierre Kirch
AbstractAuthor's information

    The purpose of this article is to share some practical reflections on cross-border mediation and its application to Private Competition Disputes in Europe, at this time of crisis. The outbreak of the COVID-19 pandemic has led to a rethinking of methods of dispute resolution, everywhere. In Europe, whether before the European Union courts in Luxembourg or the civil and commercial courts in the Member States, judicial procedures are at a standstill at the time of writing (mid-2020). Once the courts get going again, it will probably take years to get the judicial system back in good working order. It may be necessary to take shortcuts to get the system back in shape, such as cancellation of hearings, recourse to summary forms of justice, etc. That is not what the parties bargained for at the outset of their judicial procedure.


Pierre Kirch
Avocat à la Cour (Paris & Brussels Bars), Partner, Paul Hastings (Europe) LLP, mediator certified by the Centre de Médiation et d’Arbitrage de Paris (CMAP, Paris) and the Center for Effective Dispute Resolution (CEDR, London).
Article

Social Impact Assessment and Mediation

Journal Corporate Mediation Journal, Issue 1 2020
Keywords Social impact, Business to Community mediation
Authors Eelco De Groot
AbstractAuthor's information

    A Social Impact Assessment is often a formal requirement to determine and prevent social risks at greenfield development of complex infrastructural projects. This article discusses the background and building blocks with the different tiers of Business to Community mediation; a neutral, facilitated, dialogue and information sharing, negotiation, joint fact-finding and formal mediation.


Eelco De Groot
Eelco de Groot is an advisor at Social License and senior lecturer Social Risk Management at the TU Delft.
Article

Access_open African Union and the Politics of Selective Prosecutions at the International Criminal Court

Journal African Journal of International Criminal Justice, Issue 1 2020
Keywords African Union (AU), United Nations Security Council (UNSC), International Criminal Court (ICC), immunity, impunity
Authors Fabrice Tambe Endoh
AbstractAuthor's information

    The African Union (AU) claims that the International Criminal Court (ICC) is selective against African leaders. The issue therefore arises concerning the validity of the allegations of selectivity. Partly because of such concerns, African Heads of States adopted the Malabo Protocol during their annual summit held in June 2014. Article 46A bis of the Protocol provides immunity for sitting Heads of States. This provision contradicts Article 27 of the Rome Statute and, consequently, arguably reverses the progress made so far in international criminal law by giving priority to immunity in the face of impunity. This article considers the validity of some of the allegations of selective application of criminal sanctions by the ICC and the likely consequence of the Malabo Protocol for regional and international criminal justice. The article argues that the Malabo Protocol should not be ratified by African states until the shield of immunity granted to sitting Heads of States is lifted to better advance the interests of justice for the victims of international crimes in Africa. In addition, the complementarity clause stated in the Malabo Protocol should have a nexus with the ICC such that the Court would be allowed to prosecute the perpetrators of international crimes in circumstances where the African Court of Justice and Human Rights (ACJHR) prove reluctant to do so.


Fabrice Tambe Endoh
Dr. Fabrice Tambe Endoh holds a PhD in International Criminal Law from the North-West University, South-Africa.
Article

The ICC or the ACC

Defining the Future of the Immunities of African State Officials

Journal African Journal of International Criminal Justice, Issue 1 2020
Keywords ICC, ACC, immunities of African state officials, customary international law rules on immunities, Article 46A bis of the 2014 Malabo Protocol
Authors Aghem Hanson Ekori
AbstractAuthor's information

    The International Criminal Court (ICC), whose treaty came into force about 18 years ago, was highly celebrated at the time of its creation in 1998 by many African states, led by the African Union (AU), even though it does not recognize the immunities of state officials before its jurisdiction. Conversely, the African Criminal Court (ACC), which was established in 2014 through a Protocol by the AU, recognizes the personal immunities of serving African state officials before its jurisdiction. Accordingly, this article argues that both Article 46A bis of the Malabo Protocol and Article 27 of the Rome Statute are neither inconsistent nor violative of the customary international law rules on the immunities of state officials. It further suggests that the immunity provision in Article 46A bis may be an affront to justice to the people of Africa as long as the state officials are in office despite its seeming consistency with customary international law rule. Finally, in exploring the future of the immunities of African state officials, the article will examine the possibility of blending the jurisdictions of both the ICC and the ACC through the complementarity principle since both courts are aimed at ending impunity for international crimes.


Aghem Hanson Ekori
Doctoral candidate at UNISA, 2020, LLM, UNISA, LLB, University of Dschang, Cameroon.
Article

Reflections on the Rule of Law and Law Reform in the Arab Region

Journal European Journal of Law Reform, Issue 2 2020
Keywords rule of law, law reform, colonialism, authoritarianism, international development
Authors Dr Sara Razai
AbstractAuthor's information

    This article offers some preliminary thoughts on the issue of international development actors in the promotion of law in the Arab region. Specifically, it reflects on the rule of law concept as a universalizing notion, touted by international organizations and governments alike as a panacea for social ills. The article discusses the act of intervention and the use and promotion of law to achieve a rule of law order in post-conflict or fragile states. It argues that the use and promotion of law by international development actors (and the donors that fund them) – a proxy for building the rule of law – is by no means new to the region. It has also been the central focus of authoritarian and colonial rulers alike. Although they are by no means similar, the three actors are strikingly similar in that they use and promote law under the aegis of building the rule of law, to the general detriment of the masses


Dr Sara Razai
Sara Razai, UCL Judicial Institute.
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