Nowadays, electronic commerce plays a significant role in our society as internet transactions continue to grow in the business industry. Electronic commerce mainly refers to commercial transactions, such as business-to-business and business-to-consumer. Disputes are inevitable, part of our lives. Simultaneously by developing technology the need for an effective dispute resolution was obvious. Information communication technology and alternative dispute resolution together created online dispute resolution. Businesses and consumers are actively engaged in online dispute resolution. Therefore, the use of the internet makes business or consumer transactions easier. The online environment is much flexible when it comes to electronic commerce. This article focuses on online mediation, one of the most popular forms of online dispute resolution. |
Search result: 622 articles
Article |
Online Mediation and e-commerce (B2B and B2C) Disputes |
Journal | International Journal of Online Dispute Resolution, Issue 2 2021 |
Keywords | ODR, online Mediation, e-commerce, business-to business (B2B), business-to consumer (B2C) |
Authors | Mariam Skhulukhia |
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Article |
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Journal | Netherlands Journal of Legal Philosophy, Issue 2 2021 |
Keywords | Cosmopolitan solidarity, COVID-19, Health care regulation, Risk society, Argumentative discourse analysis |
Authors | Tobias Arnoldussen |
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During the COVID-19 crisis a risk of ‘code black’ emerged in the Netherlands. Doctors mentioned that in case of code black, very senior citizens might not receive intensive care treatment for COVID-19 due to shortages. Sociologist Ulrich Beck argued that palpable risks lead to the creation of new networks of solidarity. In this article this assumption is investigated by analyzing the different storylines prevalent in the public discussion about ‘code black’. Initially, storylines showing sympathy with the plight of the elderly came to the fore. However, storylines brought forward by medical organizations eventually dominated, giving them the opportunity to determine health care policy to a large extent. Their sway over policymaking led to a distribution scheme of vaccines that was favourable for medical personnel, but unfavourable for the elderly. The discursive process on code black taken as a whole displayed a struggle over favourable risk positions, instead of the formation of risk solidarity. |
Article |
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Journal | Netherlands Journal of Legal Philosophy, Issue 2 2021 |
Keywords | Vulnerability, Contingency, Freedom and Anxiety, Solidarity, Legal concept of inclusion |
Authors | Benno Zabel |
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The COVID-19 crisis has produced or amplified disruptive processes in societies. This article wants to argue for the fact that we understand the meaning of the COVID-19 crisis only if we relate it to the fundamental vulnerability of modern life and the awareness of vulnerability of whole societies. Vulnerability in modernity are expressions of a reality of freedom that is to some extent considered contingent and therefore unsecured. It is true that law is understood today as the protective power of freedom. The thesis of the article, however, boils down to the fact that the COVID-19 crisis has resulted in a new way of thinking about the protection of freedom. This also means that the principle of solidarity must be assigned a new social role. Individual and societal vulnerability refer thereafter to an interconnectedness, dependency, and a future perspective of freedom margins that, in addition to the moral one, can also indicate a need for legal protection. In this respect, law has not only a function of delimitation, but also one of inclusion. |
Article |
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Journal | East European Yearbook on Human Rights, Issue 1 2021 |
Keywords | Covid-19, vaccine passport |
Authors | Mart Susi and Tiina Pajuste |
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This comparative study looks into the proposed “vaccine passport” initiative from various human rights aspects. It was undertaken by the Global Digital Human Rights Network, an action started under the EU’s Cooperation in Science and Technology programme. The network currently unites more than 80 scholars and practitioners from 40 countries. The findings are based on responses to questions put to the network members by the authors of this study in February 2021. |
Article |
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Journal | East European Yearbook on Human Rights, Issue 1 2021 |
Authors | Matthias C. Kettemann and Martin Fertmann |
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This study explores the spread of disinformation relating to the Covid-19 pandemic on the internet, dubbed by some as the pandemic’s accompanying “infodemic”, and the societal reactions to this development across different countries and platforms. The study’s focus is on the role of states and platforms in combatting online disinformation. |
Article |
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Journal | East European Yearbook on Human Rights, Issue 1 2021 |
Authors | Martin Fertmann and Matthias C. Kettemann |
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Terms-of-service based actions against political and state actors as both key subjects and objects of political opinion formation have become a focal point of the ongoing debates over who should set and enforce the rules for speech on online platforms. |
Case Reports |
2021/37 Employer loses discrimination claim after trying to reduce gender pay gap (UK) |
Journal | European Employment Law Cases, Issue 4 2021 |
Keywords | Gender Discrimination, Discrimination General |
Authors | Colin Leckey |
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An Employment Tribunal (ET) decision involving an advertising agency has highlighted the dangers for employers of taking an overly aggressive approach to reducing gender pay gaps. It also provides a reminder that all discrimination is unlawful, even where the victims are from a historically privileged group. |
Pending Cases |
Case C-650/21, Age DiscriminationFW, CE, reference lodged by the Verwaltungsgerichtshof (Austria) on 27 October 2021 |
Journal | European Employment Law Cases, Issue 4 2021 |
Keywords | Age Discrimination |
Pending Cases |
Case C-681/21, Age Discrimination, PensionVersicherungsanstalt öffentlich Bediensteter, Eisenbahnen und Bergbau, B, reference lodged by the Verwaltungsgerichtshof (Austria) on 11 November 2021 |
Journal | European Employment Law Cases, Issue 4 2021 |
Keywords | Age Discrimination, Pension |
Article |
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Journal | Erasmus Law Review, Issue 3 2021 |
Keywords | hate crime, victims, victim rights, procedural justice, EU Member States, criminal procedure |
Authors | Suzan van der Aa, Robin Hofmann and Jacques Claessen |
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Hate crime victims involved in a criminal procedure experience difficulties that are different from problems encountered by other victims. In trying to meet the specific procedural needs of hate crime victims many EU Member States have introduced protective measures and services in criminal proceedings, but the adopted approaches are widely disparate. By reporting the results of an EU-wide comparative survey into hate crime victims within national criminal procedures the authors aim to: (1) make an inventory of the national (legal) definitions of hate crime and the protection measures available (on paper) for hate crime victims; and (2) critically discuss certain national choices, inter alia by juxtaposing the procedural measures to the procedural needs of hate crime victims to see if there are any lacunae from a victimological perspective. The authors conclude that the Member States should consider expanding their current corpus of protection measures in order to address some of the victims’ most urgent needs. |
Article |
Legislative Effectiveness From a Legislative Drafter’s PerspectiveAnalysing the Transgender Persons (Protection of Rights) Act, 2019 |
Journal | European Journal of Law Reform, Issue 3 2021 |
Keywords | Effectiveness Test, legislative quality, drafting process, Transgender persons (Protection of Rights) Act, 2019 |
Authors | Devika Gulati |
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This article discusses the effectiveness of Transgender persons (Protection of Rights) Act, 2019 and tests the legislation against Dr. Maria Mousmouti’s Effectiveness Test. The author first attempts to trace the real purpose of the Act in terms of specific and broad purposes, and the micro, meso and macro goals. Secondly, the author examines the content of the Act in terms of the legislative techniques used, compliance and enforcement mechanism, and legislative communication. Thirdly, the author studies the context of the Act in terms of its coherence, accessibility and the choice of superstructure. |
Article |
Legal Tradition and Human RightsA Quantitative Comparative Analysis of Developing Countries |
Journal | European Journal of Law Reform, Issue 3 2021 |
Keywords | comparative law, comparative constitutional analysis, human rights, legal traditions, quantitative constitutional analysis, economic rights, social and family rights, civil and political rights |
Authors | Dhanraj R. Singh |
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This analysis examines the relationship between legal tradition and constitutional human rights. It experiments with a quantitative comparative methodology to compare economic rights, social and family rights, and civil and political rights between countries with common law, civil law and mixed law legal traditions. The results show that developing countries with a civil law legal tradition provide more constitutional human rights than their counterparts with a common law legal tradition. Although preliminary and imperfect, the results challenge the notion of superiority of the common law legal tradition and human rights. The quantitative comparative framework used offers a new methodological frontier for comparative constitutional law researchers to examine relationships between legal traditions. |
Article |
Sustainability in Global Supply Chains Under the CISG |
Journal | European Journal of Law Reform, Issue 3 2021 |
Keywords | CISG, sustainability, supply chains, UN Global Compact, Codes of Conduct, conformity of the goods |
Authors | Ingeborg Schwenzer and Edgardo Muñoz |
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In this article, the authors assert that the United Nations Convention for the International Sale of Goods (CISG) can contribute to tackling gaps in statutory legislation and defective business conduct that have been associated with unsustainable trade in Global Supply Chains (GSCs). The authors provide evidence that the CISG contains rules enabling a general legal framework for establishing uniform sustainable standards for goods concerning suppliers, sellers and buyers located in different countries. For instance, the CISG provisions on contract formation ease the incorporation of joint codes of conduct for sustainable trade in GSCs. In addition, the contracting parties’ circumstances and current trade usages are now more relevant to determine what constitutes conformity of the goods under the contract and the default warranties in Article 35 CISG. On the level of remedies, the authors show that best-efforts provisions, possibly included in a code of conduct or inferred from standards applicable to the goods, may redefine the notion of impediment in Article 79 CISG, which could lead to exoneration of liability for the seller. They also demonstrate why fundamental breach and the calculation of damages are at the centre of the discussion regarding the remedies for breach of an obligation to deliver sustainable goods. |
Public Health Emergency: National, European and International Law Responses |
Defining the Common European Way of LifeExploring the Concept of Europeanness |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2021 |
Keywords | European identity, Common European Way of Life, coronavirus, European citizenship, Hungary, enlargement policy, Europeanness |
Authors | Lilla Nóra Kiss and Orsolya Johanna Sziebig |
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The article focuses on the interpretation of the European Way of Life and the concept of Europeanness. Ursula von der Leyen determined the Promotion of the European Way of Life as a priority of the 2019-2024 Commission. The purpose behind this was to strengthen European democracy and place the citizens into the center of decision-making. The article examines the role of European identity, European citizenship and those historical-traditional conditions that make our way of life ‘common’. The Common European Way of Life may be defined as a value system based on the established legal basis of EU citizenship that can be grasped in the pursuit of common principles and the exercise of rights guaranteed to all EU citizens, limited only under exceptional circumstances and ensuring socio-economic convergence. The article covers general conceptual issues but also focuses on the extraordinary impact of the COVID-19. Lastly, the relevant aspects of enlargement policy are also explored. |
Developments in European Law |
Whose Interests to Protect?Judgments in the Annulment Cases Concerning the Amendment of the Posting Directive |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2021 |
Keywords | posting of workers, freedom to provide services, posting directive, remuneration of posted workers, private international law |
Authors | Gábor Kártyás |
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The directive 96/71/EC on the posting of workers had been in force for over 20 years when its first amendment (Directive 2018/957) came into force on 30 July 2020. The Hungarian and Polish Governments initiated annulment proceedings against the new measure, primarily arguing that as the amendment extended the host state’s labor standards ó to posted workers, the directive is no longer compatible with the freedom to provide services (Cases C-620/18 and C-626/18). Although both claims were rejected, the actions contain a number of noteworthy legal arguments (from the perspective of home States), which highlight some of the long-known contradictions of EU legislation on postings. The article summarizes the CJEU’s key observations made in the judgments, which are important propositions for further discussion. |
Developments in European Law |
Applicability of the GDPR on Personal Household Robots |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2021 |
Keywords | artificial intelligence, robots, personal data, GDPR, scenarios |
Authors | Gizem Gültekin Várkonyi |
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Recent developments in artificial intelligence (AI) and robotics point to a close future collaboration between humans and machines. Even though the use of personal robots is not yet a phenomenon, findings in technical and legal literature highlight several possible risks inherent in the processing of personal data by such robots. This article contributes to the current discussions on the applicability of the GDPR to AI technologies from three aspects: (i) first, it encourages the use of a scenario method to predict possible future legal problems related to new technologies; (ii) second, it analyzes considerations with the support of the relevant case-law and present comparative expert opinions for overcoming the weak points of the GDPR relevant to AI; (iii) and finally, proposals made in the recommendations part aim to contribute to a better application of the GDPR to AI technologies in personal use. |
Public Health Emergency: National, European and International Law Responses |
European State Aid Rules in Times of PandemicDistorting Competition Between European Airlines? |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2021 |
Keywords | state aid, air transport, airlines, COVID-19 pandemic, Ryanair |
Authors | Mónika Papp |
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The outbreak of the COVID-19 pandemic had an immediate and profound impact on mobility and, more specifically, on air passenger transport: airlines were quickly stranded, and the Member States granted aid to air carriers subject to specific eligibility criteria. The Commission reacted swiftly to challenges posed by the COVID-19 pandemic and adopted its Temporary Framework under which vast amounts could be disbursed to market operators. The most controversial eligibility condition set by the Member States is the holding of a national license. This article’s research questions are, first, to explore the conditions under which Member States can grant large amounts of state aid to airlines, and second, to assess whether the requirement to hold a national license is compatible with EU law. By addressing these issues, this article seeks to improve our understanding of EU law’s capacity to tackle distortions of competition. |
Developments in International Law |
The Sudita Keita Versus Hungary Ruling of the ECtHR and the Right to Private Life of Stateless PersonsA Long Saga Comes to an End |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2021 |
Keywords | EctHR, stateless persons, right to private and family life, positive obligations of States, 1954 Convention relating to the Status of Stateless Persons |
Authors | Tamás Molnár |
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In the case of Sudita Keita v Hungary, the ECtHR handed down a key judgment relating to statelessness. In the ruling of 12 May 2020, the ECtHR unanimously found that Hungary’s failure to ensure stability of residence for the stateless applicant for roughly 15 years amounted to a violation of his right to respect for private and family life (Article 8 ECHR). This ruling follows in the footsteps of an earlier and similar Strasbourg judgment (Hoti v Croatia), and substantiates the jurisprudential line which provides protection to stateless individuals with unsettled status using the forcefield of Article 8 ECHR. The Sudita Keita case before the ECtHR was the final chapter in a long-lasting saga that had commenced before domestic authorities and courts in Hungary, at various instances, also with the involvement of the Constitutional Court. |
Editorial |
Editorial Comments: COVID-19 – EU Citizenship and the Right to Free Movement in a Public Health CrisisForeword to Vol. 9 (2021) of the Hungarian Yearbook of International Law and European Law |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2021 |
Authors | Laura Gyeney |
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Review of Hungarian Scholarly Literature |
Tamás Molnár, The Interplay Between the EU’s Return Acquis and International Law (Book Review)Edward Elgar, Cheltenham, 2021, 272 p, ISBN 978-1-83910-522-7 |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2021 |
Authors | Izabella Majcher |
Author's information |