This article presents an interdisciplinary comparison of British and German legal arguments concerning the justification of the use of force against the Islamic State in Iraq and Syria (ISIS). It is situated in the broader framework of research on strategic culture and the use of international law as a tool for justifying state behaviour. Thus, a gap in political science research is analysed: addressing legal arguments as essentially political in their usage. The present work questions whether differing strategic cultures will lead to a different use of legal arguments. International legal theory and content analysis are combined to sort arguments into the categories of instrumentalism, formalism and natural law. To do so, a data set consisting of all speeches with regard to the fight against ISIS made in both parliaments until the end of 2018 is analysed. It is shown that Germany and the UK, despite their varying strategic cultures, rely on similar legal justifications to a surprisingly large extent. |
Search result: 6807 articles
Article |
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Journal | Erasmus Law Review, Issue 2 2021 |
Keywords | strategic culture, international law, ISIS, parliamentary debates, interdisciplinarity |
Authors | Martin Hock |
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Article |
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Journal | Erasmus Law Review, Issue 2 2021 |
Keywords | European Convention on Human Rights, European Court of Human Rights, techniques of interpretation, the Vienna Convention on the Law of Treaties |
Authors | Eszter Polgári |
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The interpretive techniques applied by the European Court of Human Rights are instrumental in filling the vaguely formulated rights-provisions with progressive content, and their use provoked widespread criticism. The article argues that despite the scarcity of explicit references to the Vienna Convention on the Law of Treaties, all the ECtHR’s methods and doctrines of interpretation have basis in the VCLT, and the ECtHR has not developed a competing framework. The Vienna rules are flexible enough to accommodate the interpretive rules developed in the ECHR jurisprudence, although effectiveness and evolutive interpretation is favoured – due to the unique nature of Convention – over the more traditional means of interpretation, such as textualism. Applying the VCLT as a normative framework offers unique ways of reconceptualising some of the much-contested means of interpretation in order to increase the legitimacy of the ECtHR. |
Case Reports |
2021/35 Supreme Court rules on constitutionality of Workplace Relations Commission (IR) |
Journal | European Employment Law Cases, Issue 3 2021 |
Keywords | Miscellaneous |
Authors | Laura Ryan |
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By a majority of 4-3, the Supreme Court of Ireland has held that the Workplace Relations Commission’s power to adjudicate disputes between employers and employees was not unconstitutional. However, the majority of the Supreme Court did find that certain aspects of the Commission’s procedures were unconstitutional, namely the blanket ban on public hearings and the lack of capacity for taking evidence on oath. The Workplace Relations Act 2015 and the Workplace Relations Commission procedures have consequently been amended to address these issues. This case report is a follow-up on EELC 2020/34. |
Pending Cases |
Case C-380/21, Social InsuranceIstituto nazionale della previdenza sociale (INPS) – v – Ryanair DAC, reference lodged by the Corte Suprema di Cassazione (Italy) on 18 January 2021 |
Journal | European Employment Law Cases, Issue 3 2021 |
Keywords | Social Insurance |
Pending Cases |
Case C-311/21, Temporary Agency WorkCM – v – TimePartner Personalmanagement GmbH, reference lodged by the Bundesarbeitsgericht (Germany) on 18 May 2021 |
Journal | European Employment Law Cases, Issue 3 2021 |
Keywords | Temporary Agency Work |
Pending Cases |
Case C-427/21, Temporary Agency WorkLD – v – ALB FILS KLINIKEN GmbH, reference lodged by the Bundesarbeitsgericht (Germany) on 14 July 2021 |
Journal | European Employment Law Cases, Issue 3 2021 |
Keywords | Temporary Agency Work |
Rulings |
EFTA 15 July 2021, case E-11/20 (Eyjólfur Orri Sverrisson v The Icelandic State), Working TimeEyjólfur Orri Sverrisson – v – The Islandic State, Islandic Case |
Journal | European Employment Law Cases, Issue 3 2021 |
Keywords | Working Time |
Abstract |
Necessary travel time outside working hours constitutes working time. |
Rulings |
ECJ 15 July 2021, joined cases C-152/50 and C-218/20 (SC Gruber Logistics), Applicable LawDG, EH – v – SC Gruber Logistics SRL (C-152/20) and Sindicatul Lucrătorilor din Transporturi, DT – v – SC Samidani Trans SRL (C-218/20), Romanian cases |
Journal | European Employment Law Cases, Issue 3 2021 |
Keywords | Applicable Law |
Abstract |
If parties choose the applicable law pursuant to Article 8(1) of the Rome I Regulation, the objectively applicable law (ex Article 8(2-4) does not apply with the exception of ‘provisions that cannot be derogated from by agreement’. Moreover, the choice for the applicable law must be free, but is considered to be made freely even if the employee merely accepts a clause drafted by the employer. |
Case Reports |
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Journal | European Employment Law Cases, Issue 3 2021 |
Keywords | Miscellaneous |
Authors | Jana Voigt and Pia Schweers |
AbstractAuthor's information |
The wording of a global exclusion clause in an employment contract also covered claims asserted on the grounds of intentional damage. However, such a clause was invalid in the case at hand because it resulted in a shortening of the statutory limitation periods. Both parties to the employment contract could not therefore refer to such a contractual exclusion clause. The consequence was that the statutory limitation periods applied. The employer can also invoke the invalidity of the exclusion clause, even if it drafted the clause itself. The judgment may also have important consequences for collective agreements. |
Pending Cases |
Case C-450/21, Fixed-Term WorkUC – v – Ministero dell’Istruzione, reference lodged by the Tribunale ordinario di Vercelli (Italy) on 20 July 2021 |
Journal | European Employment Law Cases, Issue 3 2021 |
Keywords | Fixed-Term Work |
Case Reports |
2021/32 Grand Chamber confirms no double punishment for illegal employment (SK) |
Journal | European Employment Law Cases, Issue 3 2021 |
Keywords | Other Fundamental Rights |
Authors | Dušan Nitschneider and Danica Valentová |
AbstractAuthor's information |
The Grand Chamber of the Slovakian Supreme Court has unanimously decided that employers cannot be penalised by two different agencies for one violation of employment law rules and that the ne bis in idem principle also applies to two administrative breaches of the law. |
Pending Cases |
Case C-377/21, Part-time WorkVille de Mons, Zone de secours Hainaut – Centre – v – RM, reference lodged by the Cour du travail de Mons (Belgium) on 7 June 2021 |
Journal | European Employment Law Cases, Issue 3 2021 |
Keywords | Part-time Work |
Case Reports |
2021/27 Termination protection applicable to state officials upon termination of their official relationship (BG) |
Journal | European Employment Law Cases, Issue 3 2021 |
Keywords | Disability Discrimination, Unfair Dismissal |
Authors | Kalina Tchakarova |
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The Bulgarian Supreme Administrative Court has held that not only employees working under an employment relationship but also state officials enjoy special protection against termination. |
Editorial |
Platform work: a common challenge, and therefore an EU solution? |
Journal | European Employment Law Cases, Issue 3 2021 |
Authors | Zef Even |
Pending Cases |
Case C-488/21, Social InsuranceGV – v – Chief Appeals Officer, Social Welfare Appeals Office, Minister for Employment Affairs and Social Protection, Ireland, Attorney General, reference lodged by the Court of Appeal (Ireland) on 10 August 2021 |
Journal | European Employment Law Cases, Issue 3 2021 |
Keywords | Social Insurance |
Rulings |
ECJ 6 October 2021, case C-431/20 P (Tognoli and Others v Parliament), MiscellaneousCarlo Tognoli and Others – v – European Parliament, EU Case |
Journal | European Employment Law Cases, Issue 3 2021 |
Keywords | Miscellaneous |
Abstract |
Successful appeal against General Court Order dated 3 July 2020 on rejection of claims regarding recovery of pension amounts. The case is referred back to the General Court for a ruling on the claims made by Mr Tognoli and Others. |
Rulings |
ECJ 16 September 2021, case C-410/19 (The Software Incubator Ltd), MiscellaneousThe Software Incubator Ltd – v – Computer Associates (UK) Ltd, UK Case |
Journal | European Employment Law Cases, Issue 3 2021 |
Keywords | Miscellaneous |
Abstract |
The concept of ‘sale of goods’ referred to in the self-employed commercial agents directive covers the supply of licensed computer software. |
Case Reports |
2021/34 End of the Ryanair saga: a trade union victory with a bitter taste for the employees involved (BE) |
Journal | European Employment Law Cases, Issue 3 2021 |
Keywords | Applicable Law, Working Time |
Authors | Gautier Busschaert |
AbstractAuthor's information |
Ryanair and Crewlink have finally been found in violation of Belgian mandatory provisions following the ruling of the ECJ in cases C-168/16 and C-169/16 (Nogueira and Others) and ordered to pay certain amounts to the employees involved by virtue of Belgian mandatory provisions. Yet, this trade union victory has a bitter taste for those employees, who were refused their main claim, i.e. to be paid normal remuneration for on-call time at the airport. |
Pending Cases |
Case C-477/21, Working TimeIH – v – MÁV-START Vasúti Személyszállító Zrt., reference lodged by the Miskolci Törvényszék (Hungary) on 3 August 2021 |
Journal | European Employment Law Cases, Issue 3 2021 |
Keywords | Working Time |
Rulings |
ECJ 15 July 2021, case C-535/19 (A (Soins de santé publics)), Social InsuranceA (Intervening Party: Latvijas Republikas Veselības ministrija), Latvian case |
Journal | European Employment Law Cases, Issue 3 2021 |
Keywords | Social Insurance |
Abstract |
Economically inactive Union citizens residing in a Member State other than their Member State of origin have the right to be affiliated to the public sickness insurance system of the host Member State, but not necessarily free of charge. |