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ECJ Court Watch

Case C-20/16. Free movement – Tax

Wolfram Bechtel, Marie-Laure Bechtel – v – Finanzamt Offenburg, reference lodged by the German Bundesfinanzhof on 15 January 2016

Journal European Employment Law Cases, Issue 2 2016
Keywords Free movement, Tax

    An employer that fails to comply with an occupational doctor’s recommendation regarding an employee’s health, as it relates to his job, is in breach of its health and safety obligations.


Delphine Levy Karcenty
Delphine Levy Karcenty is an avocat with Jeantet in Paris, www.jeantet.fr.
Article

Access_open International Cooperation in China’s Space Undertakings

Melting Down Political Obstacles through Legal Means

Journal International Institute of Space Law, Issue 6 2016
Authors Xiaodan Wu
Author's information

Xiaodan Wu
China Central University of Finance and Economics.

Philippe Clerc
Head of Legal Department – Centre National d’Etudes Spatiales (CNES) – 2 Place Maurice Quentin 75 039 Paris cedex 01 France. philippe.clerc@cnes.fr.

Robin J. Frank
Associate General Counsel for International Law, National Aeronautics and Space Administration (NASA), United States. Mr. David R. Lopez, Intern, International Law Practice Group, Office of the General Counsel, National Aeronautics and Space Administration (NASA) and a 2017 J.D. Candidate, University of Houston Law Center (Texas) is the primary author of Section 4 of this paper. In addition, the author thanks Mr. Lopez for his research and editing assistance on other parts of this paper. The author also thanks Benjamin W. Juvelier, Intern, International Law Practice Group, Office of the General Counsel, NASA and a graduate student at American University (Washington, D.C.), JD May 2017; MA in International Service in December 2017 for his research assistance for this paper. In addition, the author thanks her colleagues in NASA’s Office of International and Interagency Relations for their assistance, in particular Ms. Sherry Copeland, Program Specialist, for her outstanding research on NASA agreements discussed in this paper. Finally, the author thanks her colleague Laura Burns, NASA’s Law Librarian for her substantive and extensive research assistance. Any errors in this paper are the author’s errors alone.

    This paper interprets the presumption of innocence as a conceptual antidote for sacrificial tendencies in criminal law. Using Girard’s philosophy of scapegoat mechanisms and sacrifice as hermeneutical framework, the consanguinity of legal and sacrificial order is explored. We argue that some legal concepts found in the ius commune’s criminal system (12th-18th century), like torture, infamy, or punishment for mere suspicion, are affiliated with scapegoat dynamics and operate, to some extent, in the spirit of sacrifice. By indicating how these concepts entail more or less flagrant breaches of our contemporary conception of due process molded by the presumption of innocence, an antithesis emerges between the presumption of innocence and sacrificial inclinations in criminal law. Furthermore, when facing fundamental threats like heresy, the ius commune’s due process could be suspended. What emerges in this state of exception allowing for swift and relentless repression, is elucidated as legal order’s sacrificial infrastructure.


Rafael Van Damme
Rafael Van Damme is PhD-student in philosophy.
Article

From Liberation Theology to (Liberationist) Peace Studies

Practice, Reflection and the Generation of Scholarship

Journal International Journal of Conflict Engagement and Resolution, Issue 1 2016
Keywords liberation theology, theory, practice, peace studies, religion
Authors Leo Guardado
AbstractAuthor's information

    This article illustrates liberation theology’s evolution and method and argues that its approach to bridging the gap between theory and practice serves as a complement and challenge for conceptualizing the dynamic and fluid relationship between scholarship and practice in peace studies. The 1971 publication of A Theology of Liberation made Fr. Gustavo Gutiérrez one of the most influential scholars and theologians of the 20th century, but the process that led to this publication rests upon the day-to-day reflective practice of its author. Gutiérrez’ commitment to pastoral practice, especially among poor communities, raises questions about whose and what kind of knowledge is privileged in the academy, about the possibility of sustainably sourcing wisdom from local communities and about the necessity of scholars to locate themselves within the realities and among the communities they study. Given the affinity between liberation theology’s inductive method and the elicitive approach in some currents of peace studies, the article places its emphasis on the convergent contributions of Gustavo Gutiérrez and John Paul Lederach and draws information from personal conversations with both authors. As a whole, the article contributes to the bourgeoning and necessary dialogue between peace studies and theology.


Leo Guardado
Leo Guardado is a PhD student in the joint programme in Theology and Peace Studies at the University of Notre Dame. His research interests include liberation theology, human displacement and the role of church communities for building justice and peace.

Setsuko Aoki
Keio University, Japan, saoki@ls.keio.ac.jp.

Edmond Boulle
Satellite Applications Catapult, United Kingdom, edmond.boulle@sa.catapult.org.uk. The author is a member of the International Institute of Space Law and former Executive Secretary of the European Centre for Space Law (2013-2015). The views expressed in this paper are those of the author. The author would like to thank Neil Fleming (AIG), Paul Aitchison (AIG) and Florian Deconinck (Satellite Applications Catapult) for a thought provoking discussion that gave rise to this paper. The author also wishes to express his sincere gratitude to David Wade (Atrium Space Insurance Consortium) and Cécile Gaubert (lawyer, formally Marsh) who, in addition to the aforementioned persons, have allowed the author to draw upon formidable and invaluable industry experience and insight to the benefit of this paper.

Elina Morozova
Head of International & Legal Service, Intersputnik International Organization of Space Communications, morozova@intersputnik.com.

    An ‘independent contractor’ working for a company in a subordinate relationship should be considered as a de facto employee. In such a situation, the company and its legal representatives can be held liable for ‘concealed work’ and be subject to criminal penalties.


Charles Mathieu
Charles Mathieu is a lawyer with Jeantet in Paris, www.jeantet.fr.
ECtHR Court Watch

ECtHR 26 November 2015, application 64846/11. (Ebrahimian), Religious Discrimination

Christiane Ebrahimian –v– France, French case

Journal European Employment Law Cases, Issue 1 2016
Keywords Religious Discrimination

    Austrian law permits the dismissal of an employee during parental leave only in cases where the employer cannot reasonably be expected to continue the contractual relationship. The colour of a hair ribbon does not justify the termination of a young father’s employment as a bus driver.


Christina Hießl
Christina Hießl is invited professor at Yonsei University, Graduate School of Social Welfare, Seoul http://yonsei.ac.kr.

Gabriella Catalano Sgrosso
University of Rome, Italy, sgrossogabriella@gmail.com.
Article

Time for Improvement

The 1986 UN Remote Sensing Principles in the Information Age

Journal International Institute of Space Law, Issue 3 2016
Authors Stefan A. Kaiser
Author's information

Stefan A. Kaiser
LLM (McGill). Wassenberg, Germany, stefanakaiser@aol.com. This paper represents the author’s personal opinion and shall not be attributed to any organization with which he is affiliated. © Copyright by Stefan A. Kaiser, 2016. Published by American Institute of Aeronautics and Astronautics Inc., with permission. Stefan A. Kaiser, ‘Time for Improvement: The 1986 UN Remote Sensing Principles in the Information Age’ Proceedings of the 59th Colloquium on the Law of Outer Space (2016).
Article

The End of the Concept of “Common Heritage of Mankind”?

The Views of State Parties to the Moon Agreement

Journal International Institute of Space Law, Issue 2 2016
Authors Irmgard Marboe
Author's information

Irmgard Marboe
University of Vienna, Austria, irmgard.marboe@univie.ac.at.

Melissa K. Force
MK Force Consulting, Los Angeles, CA, Force@MKForce.com.
Article

Access_open The Hague Space Resources Governance Working Group

A Progress Report

Journal International Institute of Space Law, Issue 2 2016
Authors Tanja Masson-Zwaan, René Lefeber, Giuseppe Reibaldi e.a.
Author's information

Tanja Masson-Zwaan
Tanja Masson-Zwaan, International Institute of Air & Space Law, Leiden University, The Netherlands, t.l.masson@law.leidenuniv.nl.

René Lefeber
René Lefeber, Netherlands Ministry of Foreign Affairs, The Netherlands, rene.lefeber@minbuza.nl.

Giuseppe Reibaldi
Giuseppe Reibaldi, International Academy of Astronautics (IAA), France, giuseppe.reibaldi@gmail.com.

Merinda Stewart
Merinda Stewart (corresponding author), International Institute of Air & Space Law, Leiden University, The Netherlands, m.e.stewart@law.leidenuniv.nl.

Tugrul Cakir
Université Jean Moulin Lyon III, France, PhD candidate.
Article

Legal Issues of a Moon Village

From the Application of Current Space Law to the New Challenges of International Cooperation

Journal International Institute of Space Law, Issue 1 2016
Authors Éloi Petros
Author's information

Éloi Petros
Institute for Space and Telecommunication Law (IDEST) – Université Paris-Saclay, Paris, France. eloipetros@gmail.com.
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