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Article

Morality in the Populist Radical Right

A Computer-Assisted Morality Frame Analysis of a Prototype

Journal Politics of the Low Countries, Issue 1 2022
Keywords Populist radical right, morality, frame analysis, word2vec, crimmigration
Authors Job P.H. Vossen
AbstractAuthor's information

    This article provides a computer-assisted morality framing analysis of Vlaams Belang’s 2019 manifesto. The VB is regarded in the literature as a prototypical example of the Populist Radical Right (PRR). We first concisely review what PRR politics is and what it consists of, tentatively distinguishing four elements that we hypothesise will materialise in corresponding subframes running throughout the manifesto. We point to a mismatch between the omnipresent role of morality in all PRR subframes and the little attention devoted to the concept in the PRR literature. We introduce a useful theory from social psychology into framing literature to create a novel methodological approach to frame analysis that builds a bridge between a qualitative content and a quantitative context approach. The results support our hypothesis that populism, nationalism, nativism and authoritarianism can be distinguished from one another. Additionally, we detect a fifth PRR subframe, crimmigration, by its unique role of morality.


Job P.H. Vossen
Job Vossen is a PhD candidate at the University of Antwerp. His research investigates (im)morality in political discoursing and its interacting with fear, solidarity and gender and sexuality. The corresponding author states that there is no conflict of interest.
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
AbstractAuthor's information

    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.


Mariam Skhulukhia
Mariam Skhulukhia has a Bachelor’s degree in law and a Master’s degree in International Business law from the University of Georgia. She participated in the Consensual Dispute Resolution Competition (CDRC VIENNA) in 2018 and the John H. Jackson Moot Court Competition in 2019. Mariam was an intern at Tbilisi City Court in Civil Affairs Board. Also, she worked as a lawyer for residency and citizenship matters at a foreign company. She has successfully passed a Bar Exam (Civil Law Specialization) in 2021. Mariam wrote her Master’s thesis: “Why do we need Online Mediation? Possible Challenges and Perspectives for Online Commercial Mediation in Georgia.” She also submitted her Research Paper titled “Mediating Online: Among the Praises and Diatribes in MediateGuru’s edited book titled “A Pathway to the Future of ADR: Comparative Perspectives around the World.”
Editorial

Access_open Solidarity and COVID-19: An Introduction

Journal Netherlands Journal of Legal Philosophy, Issue 2 2021
Authors Wouter Veraart, Lukas van den Berge and Antony Duff
Author's information

Wouter Veraart
Wouter Veraart is Professor of Legal Philosophy at the Vrije Universiteit Amsterdam.

Lukas van den Berge
Lukas van den Berge is Assistant Professor of Legal Theory at Utrecht University.

Antony Duff
Antony Duff is Emeritus Professor of Philosophy at the University of Stirling and Emeritus Professor of Law at the University of Minnesota.
Article

Access_open Suffering from Vulnerability

On the Relation Between Law, Contingency and Solidarity

Journal Netherlands Journal of Legal Philosophy, Issue 2 2021
Keywords Vulnerability, Contingency, Freedom and Anxiety, Solidarity, Legal concept of inclusion
Authors Benno Zabel
AbstractAuthor's information

    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.


Benno Zabel
Benno Zabel is Professor of Criminal Law and Philosophy of Law at the University of Bonn.

    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.


Mart Susi
Mart Susi is Professor of Human Rights Law at Tallinn University, Editor-in-Chief, Action Chair of Global Digital Human Rights Network.

Tiina Pajuste
Tiina Pajuste is Professor of International Law and Security at Tallinn University.

    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.
    Through synthesizing answers to questions submitted by more than 40 researchers from 20 countries within the GDHR Network, this exploratory study provides a first overview of how states and platforms have dealt with Corona-related disinformation. This can also provide incentives for further rigorous studies of disinformation governance standards and their impact across different socio-cultural environments.
    Regarding the platforms’ willingness and efficacy in removing (presumed) disinformation, a majority of submissions identifies a shift towards more intervention in pandemic times. Most submitters assess that this shift is widely welcomed in their respective countries and more often considered as taking place too slowly (rather than being perceived as entailing dangers for unjustified restrictions of freedom of expression). The picture is less clear when it comes to enforcing non-speech related infection prevention measures.
    While the dominant platforms have been able to defend, or even solidify, their position during the pandemic, communicative practices on those platforms are changing. For officials, this includes an increasing reliance on platforms, especially social networks, for communicating infection prevention rules and recommendations. For civil society, the pandemic has brought an increasing readiness – and perceived need – to intervene against disinformation, especially through fact-checking initiatives.
    National and local contexts show great variance at whether platform-driven disinformation is conceived as a societal problem. In countries where official sources are distrusted and/or seen as disseminating disinformation criticism against private information governance by platforms remains muted. In countries where official sources are trusted disinformation present on platforms is seen more negatively.
    While Facebook, Twitter, and Instagram play important roles in the pandemic communication environment, some replies point towards an increasing importance of messaging apps for the circulation of Covid-19-related disinformation. These apps, like Telegram or WhatsApp, tend to fall under the radar of researchers, because visibility of content is limited and scraping is difficult, and because they are not covered by Network Enforcement Act-type laws that usually exclude one-to-one communication platforms (even if they offer one-to-many channels).
    Vis-à-vis widespread calls for a (re)territorialization of their content governance standards and processes amid the pandemic, platform companies have maintained, by and large, global standards. Standardized, featured sections for national (health) authorities to distribute official information via platforms are exceptions thereto.


Matthias C. Kettemann
Prof. dr. Matthias C. Kettemann, LL.M. (Harvard) is head of the research programme “Regulatory Structures and the Emergence of Rules in Online Spaces” at the Leibniz Institute for Media Research | Hans-Bredow-Institut.

Martin Fertmann
Martin Fertmann is a PhD student at the Leibniz-Institut für Medienforschung | Hans-Bredow-Institut’s research programme “Regulatory Structures and the Emergence of Rules in Online Spaces”.
Article

Access_open Artificial Intelligence and Customer Relationship Management

The Case of Chatbots and Their Legality Framework

Journal East European Yearbook on Human Rights, Issue 1 2021
Keywords artificial intelligence, chatbots, CRM, data protection, privacy
Authors Konstantinos Kouroupis, Dimitrios Vagianos and Aikaterini Totka
AbstractAuthor's information

    In the new digital era as it is formed by the European digital strategy, the explosion of e-commerce and related technologies has led to the formation of tremendous volumes of customer data that could be exploited in a variety of ways. Customer relationship management (CRM) systems can now exploit these data sets to map consumers’ behaviour more effectively. As social media and artificial intelligence widened their penetration, firms’ interest shifted to chatbots in order to serve their customers’ needs. Nowadays, CRM and bots are developed in a parallel way. With the help of these virtual personal assistants, CRM establishes a virtual relationship with consumers. However, the extended collection and use of personal data under this scope may give rise to ethical and legal issues. In this article, the term CRM is defined, followed by an analysis of the way chatbots support CRM systems. In the second part, the legal context of chatbot use will be highlighted in an attempt to investigate whether there are personal data protection issues and whether certain rights or ethical rules are somehow violated. The draft AI Regulation, in combination with the provisions of GDPR and e-Privacy Directive, offers a significant background for our study. The article concludes by demonstrating the use of chatbots as an inherent part of the new digital era and lays special emphasis on the term ‘transparency’, which seems to penetrate the lawfulness of their use and guarantee our privacy.


Konstantinos Kouroupis
Konstantinos Kouroupis: Assistant Professor of European and Data Rights Law, Department of Law, Frederick University, Cyprus.

Dimitrios Vagianos
Dimitrios Vagianos: Electrical & Computer Engineer, Laboratory Teaching staff, Department of International and European Studies, University of Macedonia, Greece.

Aikaterini Totka
Aikaterini Totka: Graduate Student, Department of International and European Studies, University of Macedonia, Greece.
Article

Access_open In Data We Trust? Quantifying the Costs of Adjudication in the EU Justice Scoreboard

Journal Erasmus Law Review, Issue 4 2021
Keywords access to justice, costs of justice, EU Justice Scoreboard, empirical legal research
Authors Adriani Dori
AbstractAuthor's information

    Affordable and timely judicial proceedings by independent courts are essential for an effective justice system. They are also a precondition for the protection of the rule of law in the EU and for an integrated internal market. Among the tools the European Commission adopts in this field, the EU Justice Scoreboard is key to understanding the empirical basis of the European judicial policies. Created in 2013, it provides annual data on efficiency, quality and independence of member states’ courts. The Scoreboard considers costly judicial proceedings as an obstacle to access to justice. It accordingly benchmarks member states’ performance with various indicators. In the Commission’s view, different national legal traditions should not prevent comparative assessment of member state judicial systems. However, the idiosyncrasies of national systems and the heterogeneity of national judicial statistics inevitably affect this empirical monitoring exercise. A closer look at the Scoreboard data shows that adjudication costs cannot be evaluated through quantitative metrics without contextualisation. This article focuses on the Scoreboard data on judicial costs, from both the supply and the demand side of judicial services. It critically reviews the fact-finding process that supports the preparation of the Scoreboard as well as the data this document displays. In so doing, it tests whether the Scoreboard conveys reliable and comparable information. This analysis is all the more important as the Scoreboard often supports academic analyses on the performance of justice and policy proposals by regulators and lawmakers.


Adriani Dori
Adriani Dori, LL.M., is an Academic Researcher at the Erasmus School of Law, Erasmus University Rotterdam, the Netherlands.
Article

Implementation of Law Reform Proposals in the United Kingdom: A Continuing Dilemma?

Journal European Journal of Law Reform, Issue 4 2021
Keywords law reform, government, legislation, parliament, implementation
Authors Jonathan Teasdale
AbstractAuthor's information

    Law reform in the joint jurisdiction of England and Wales, and in Scotland, was put on a formal footing in 1965. Down the years the two Law Commissions (as statutory independent bodies) worked diligently to produce a significant number of reports advising government on steps to be taken to update and simplify swathes of the law. But by 2009 the legislative implementation rate had slipped badly and Parliament then passed an Act which (for England and Wales) facilitated a governmental protocol designed to make parliamentary review of progress more transparent. The Ministry of Justice acts as gatekeeper for the implementation process. In the short term implementation was taken more seriously, driven by the incentive of the MoJ having to report annually to parliament on progress. In more recent years, however, both implementation and the statutory reporting mechanism have been allowed to slip: there are few signs that the situation is likely to improve. This article examines the position and seeks to explain, notwithstanding some of the real obstacles to swifter implementation, that both parliament through its select committees, and government, need to give the issue greater priority. Systematic review of the law, and the delivering of legislative change, underpin both the rule of law and the essence of the democratic settlement.


Jonathan Teasdale
Jonathan Teasdale is Associate research fellow at the Institute of Advanced Legal Studies (IALS, University of London) and co-leader of the IALS Law Reform Project at the Sir William Dale Centre for Legislative Studies.
Developments in European Law

The Possibility of Using Article 72 TFEU as a Conflict-of-Law Rule

Hungary Seeking Derogation from EU Asylum Law

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2021
Keywords Article 72 TFEU, internal security, conflict of law, Common European Asylum System, relocation decisions
Authors Ágnes Töttős
AbstractAuthor's information

    The purpose of this article is to examine how the CJEU circumscribed the room for maneuver of Member States for safeguarding their internal security and whether the use of and reference to Article 72 TFEU changed over the past years. The starting point of the analysis is the Hungarian asylum infringement case: the article looks back at earlier case-law and identifies how the reference to Article 72 TFEU shifted from considering it an implementation clause to the attempts at using it as a conflict-of-law rule. Although the article finds that the CJEU reduced the scope of possibly using Article 72 TFEU as a conflict-of-law rule and practically excludes its application by the setting high standards for this unique form of application, the article examines some extreme situations from 2020 where it could be validly referred to.


Ágnes Töttős
Ágnes Töttős: senior government counselor, Government Office of the Prime Minister, Budapest.
Developments in European Law

The First Ever Ultra Vires Judgment of the German Federal Constitutional Court: PSPP

Will the Barking Dog Bite More Than Once?

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2021
Keywords judicial dialogue, ultra vires, PSPP, German Federal Constitutional Court, infringement procedure
Authors Robert Böttner
AbstractAuthor's information

    In May 2020, the German Federal Constitutional Court (FCC) delivered its judgment in the PSPP case. At first it seemed that it would be a remake of the Gauweiler/OMT case between the German Court and the CJEU. Shockingly, however, the German FCC decided that not only had the ECB acted ultra vires by failing to duly justify its PSPP decision, but it also found the CJEU to have delivered an incomprehensible and objectively arbitrary judgment by which the German Court was not bound. This case note not only traces the history of the PSPP proceedings, but it also tries to review the heavy criticism that the FCC’s verdict has garnered. In the context of European integration and due to the German FCC’s authority among supreme courts in Europe, it is a dangerous precedent, that the European Commission tries to curb through infringement proceedings. One can only hope that it will be settled for good and shall remain an unfortunate but singular incident.


Robert Böttner
Robert Böttner: assistant professor of law, University of Erfurt.
Article

Access_open Hardship and Force Majeure as Grounds for Adaptation and Renegotiation of Investment Contracts

What Is the Extent of the Powers of Arbitral Tribunals?

Journal Erasmus Law Review, Issue 2 2021
Keywords contract adaptation, hardship, force majeure, investment contracts, arbitration
Authors Agata Zwolankiewicz
AbstractAuthor's information

    The change of circumstances impacting the performance of the contracts has been a widely commented issue. However, there seems to be a gap in legal jurisprudence with regard to resorting to such a remedy in the investment contracts setting, especially from the procedural perspective. It has not been finally settled whether arbitral tribunals are empowered to adapt investment contracts should circumstances change and, if they were, what the grounds for such a remedy would be. In this article, the author presents the current debates regarding this issue, potential grounds for application of such a measure and several proposals which would facilitate resolution of this procedural uncertainty.


Agata Zwolankiewicz
Agata Zwolankiewicz is an advocate trainee, graduated from the University of Silesia in Katowice (M.A. in law), and the University of Ottawa (LL.M. with concentration in international trade and foreign investment).
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.


Dušan Nitschneider
Dušan Nitschneider is a partner at Nitschneider & Partners.

Danica Valentová
Danica Valentová is a senior associate at Nitschneider & Partners.
Article

Access_open Grandparents’ and grandchildren's right to contact under the European Convention on Human Rights

Journal Family & Law, September 2021
Keywords Grandparents, Grandchildren, Family life, Contact, Best interests of the child, Child's views
Authors Prof. K. Sandberg
AbstractAuthor's information

    The article explores the extent of the right to family life under Article 8 ECHR with regard to contact between grandparents and grandchildren. An analysis of decisions from the European Court of Human Rights shows that although such a right may exist, it is not strong and depends heavily on the circumstances of the specific case. The article points to what seems to be an inconsistency in the Courts approach to these cases and questions the position of the children and their views and best interests.


Prof. K. Sandberg
Kirsten Sandberg is Professor of Law at the University of Oslo Faculty of Law.

Claudia Mazzucato
Claudia Mazzucato is Associate Professor of Criminal Law at Università Cattolica del Sacro Cuore, Milan, Italy. Contact author: claudia.mazzucato@unicatt.it.
Article

Performing the COVID-19 Crisis in Flemish Populist Radical-Right Discourse

A Case Study of Vlaams Belang’s Coronablunderboek

Journal Politics of the Low Countries, Issue 2 2021
Keywords populism, COVID-19, crisis, discourse
Authors Jens Meijen
AbstractAuthor's information

    In June 2020, the Flemish populist radical right party Vlaams Belang (VB) published the Corona Blunder Book (CBB; Coronablunderboek in Dutch), detailing the government’s mistakes in handling the COVID-19 crisis. Populist parties can ‘perform’ crisis by emphasising the mistakes made by opponents (Moffitt, 2015) and may use a specifically populist discursive style, consisting largely of aggressive and sarcastic language (Brubaker, 2017). This paper takes the CBB as a case study in the populist performance of crisis and the populist style, finding that the book is, first, a clear example of populist ‘everyman’ stylistics and the performance of crisis, and, second, that VB uses the book to shift the COVID-19 crisis from a public health crisis to a crisis of governance, seeking to blame Belgium’s federal structure for the government’s alleged mismanagement of the COVID-19 pandemic and hence arguing for Flemish independence, one of the party’s main agenda points.


Jens Meijen
Jens Meijen is a PhD candidate at Leuven International and European Studies (LINES) at KU Leuven. His research focuses on nationalism, populism, and diplomacy.
Article

Corporate Mediation and Company Law

State of the Art, Recent Trends and New Opportunities

Journal Corporate Mediation Journal, Issue 1 2021
Keywords corporate dispute, enforcement, mediation clause, stakeholders, sustainability, sustainable development
Authors Valentina Allotti
AbstractAuthor's information

    This article describes the legal framework on corporate mediation in Italy with a particular focus on the effects of the mediation clauses included in company by-laws. The available data on the use of corporate mediation indicate that such clauses are not commonly used. There is still resistance among the parties in a dispute to engage in dialogue through mediation, not only where corporate disputes are concerned. The author suggests that one way to expand the use of mediation would be to promote the introduction of mediation clauses in the articles of association of companies. She also suggests that recent trends in company law, notably the emergence of sustainability issues, related to the impact of business activity on the environment and society, and more broadly on human rights, may create new opportunities for the use of mediation to prevent and solve corporate-related disputes.


Valentina Allotti
Valentina Allotti is a Senior Legal Policy Officer, Capital Markets and Listed Companies Area, Assonime. Views expressed by the author are her own and do not necessarily represent those of Assonime.

Anna Doyle
Anna (Walsh) Doyle is an International Mediator & CMJ Editorial Board member. She is also an external Mediator on the Global Mediation Panel at the Office of the Ombudsman for UN Funds and Programmes (independent contractor serving on an on-call basis).
Article

A maximalist approach of restorative justice to address environmental harms and crimes

Analysing the Brumadinho dam collapse in Brazil

Journal The International Journal of Restorative Justice, Issue 1 2021
Keywords environmental law, maximalist approach, restorative justice principles and concepts, decision-making process, sanctioning rules
Authors Carlos Frederico Da Silva
AbstractAuthor's information

    In this article, the author analyses court cases arising from the rupture of the mining tailings dam in the city of Brumadinho, Brazil, on 25 January 2019. In a civil lawsuit context, legal professionals recognised damage to people and the environment during hearings involving a judge, prosecutors, lawyers and corporate representatives. The centrality of the victims’ interests and the need for remedial measures prevailed in the agreements signed mainly to provide urgent relief and restore damage to the ecosystem. In the criminal lawsuit dealing with the same facts, there have not yet been acquittals, non-prosecution agreements or convictions. By employing a socio-legal approach to contrast different types of legal reasoning, this article explores the possibilities of restorative responses in civil proceedings and explains the lack of them in criminal justice. In highlighting some characteristics of punishment theories that hinder a possible restorative justice approach, the article offers a critique of a penal system mostly linked to argumentative competition rather than persuasive conflict resolution. The author argues that jurisprudence should address transdisciplinary concepts, such as responsive regulation, restorative efforts, proportionality and individualisation of punishment. The discussion can shed light on the decision-making process to allow environmental restorative justice responses to crimes.


Carlos Frederico Da Silva
Carlos Frederico Braga Da Silva is a PhD researcher associated to the Graduate School of Sociology at the Federal University of Minas Gerais, Brazil, and to the Canadian Chair of Legal Traditions and Penal Rationality, Faculty of Social Sciences, Department of Criminology, University of Ottawa, Canada. He also works as a state judge in Belo Horizonte, Minas Gerais, Brazil. Contact author: carlosfrebrasilva@gmail.com.
Article

Access_open States of Emergency

Analysing Global Use of Emergency Powers in Response to COVID-19

Journal European Journal of Law Reform, Issue 4 2020
Keywords coronavirus, emergency law, emergency powers, autocratization, democratic deconsolidation, state of emergency, rule of law, transparency, accountability, legislative scrutiny
Authors Joelle Grogan
AbstractAuthor's information

    The measures taken in response to the coronavirus pandemic have been among the most restrictive in contemporary history, and have raised concerns from the perspective of democracy, human rights, and the rule of law. Building on a study of the legal measures taken in response to pandemic in 74 countries, this article considers the central question of the use of power during an emergency: is it better or worse for democracy and the rule of law to declare an emergency or, instead, to rely on ordinary powers and legislative frameworks? The article then considers whether the use of powers (ordinary or emergency) in response to the pandemic emergency has ultimately been a cause, or catalyst of, further democratic deconsolidation. It concludes on a note of optimism: an emerging best practice of governmental response reliant on public trust bolstered by rationalized and transparent decision-making and the capacity to adapt, change and reform measures and policies.


Joelle Grogan
Dr. Joelle Grogan is Senior Lecturer in Law, Middlesex University London.
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