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. |
Search result: 136 articles
Article |
|
Journal | East European Yearbook on Human Rights, Issue 1 2021 |
Authors | Matthias C. Kettemann and Martin Fertmann |
AbstractAuthor's information |
Hungarian State Practice |
The Public Trust Doctrine, the Non-Derogation Principle and the Protection of Future GenerationsThe Hungarian Constitutional Court’s Review of the Forest Act |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2021 |
Keywords | public trust, non-derogation, Article P, Constitutional Court of Hungary, future generations |
Authors | Katalin Sulyok |
AbstractAuthor's information |
This article analyzes the doctrinal findings of the Hungarian Constitutional Court with respect to the constitutional protection afforded to future generations in the Fundamental Law. It focuses on Decision No. 14/2020. (VII. 6.) AB in which the Constitutional Court abolished an amendment to the Forest Act for infringing the right to a healthy environment and the environmental interests of future generations as enshrined in Article P of the Fundamental Law. On this occasion, the Constitutional Court for the first time explicitly recognized that Article P embodies the public trust doctrine; and stressed that it confers fiduciary duties on the State to act as a trustee over the natural heritage of the nation for the benefit of future generations, which limits the executive’s discretion to exploit and regulate such resources. This article puts the Hungarian constitutional public trust in a comparative perspective by exploring the origins, role and functioning of similar constitutional public trust provisions in other jurisdictions. This is followed by setting out the normative principles derived by the Hungarian Constitutional Court in its previous practice from Article P, such as the non-derogation principle, the principle of inter-generational equity, the imperative of long-term planning, economical use of resources and the precautionary principle. The article then sets out the legal bases featured in the ex post constitutional challenge brought against the amendment of the Forest Act by the Ombudsman, and the Constitutional Court’s reasoning. It concludes with offering some wider lessons for the judicial enforcement of long-term environmental goals vis-á-vis short-term economic private interests. |
Article |
|
Journal | Family & Law, July 2021 |
Authors | F. De Meyer and C. De Mulder |
AbstractAuthor's information |
Deze analyse bespreekt uitvoerig de argumenten van voor- en tegenstanders van het wetsvoorstel ter versoepeling van de Belgische abortuswetgeving (2019-…). Het fel bediscussieerde wetsvoorstel beoogt het zelfbeschikkingsrecht van de zwangere persoon uit te breiden en abortus te destigmatiseren. Door vrijwillige zwangerschapsafbreking als gezondheidszorg te kwalificeren geven de indieners van het wetsvoorstel tevens de voorkeur aan een gezondheidsrechtelijk traject op maat van de zwangere persoon als patiënt. De inkorting van de wachtperiode-en het schrappen van abortusspecifieke informatieverplichtingen geven in die zin blijk van vertrouwen in de zwangere persoon, in het kwalitatief handelen van de zorgverlener en in de waarborgen die het gezondheidsrecht reeds biedt. De wetgever dient met andere woorden uit te maken (1) welke regels hij in de context van abortus nodig acht, (2) of deze regels reeds worden gewaarborgd door de algemene gezondheidswetten- en deontologie, en (3) of de vooropgestelde regels hun doel bereiken. Een uitbreiding van het zelfbeschikkingsrecht van de zwangere persoon wordt tevens bewerkstelligd door de termijnuitbreiding van twaalf naar achttien weken voor abortus op verzoek. Een keuze voor een termijn is steeds in zekere mate willekeurig, doch reflecteert een beleidsethische keuze waarbij wordt gezocht naar een evenwicht tussen de bescherming van ongeboren leven en het zelfbeschikkingsrecht van de zwangere persoon. Praktische bekommernissen vormen hierbij geen fundamenteel bezwaar tegen een termijnuitbreiding maar dienen, in overleg met de betrokken sector, te worden geanticipeerd en maximaal te worden opgevangen door middel van organisatorische (niet-noodzakelijk juridische) initiatieven. Ten slotte beogen de indieners van het wetsvoorstel opheffing van alle strafsancties voor vrijwillige zwangerschapsafbreking. Op rechtstheoretisch vlak blijven echter vragen bestaan omtrent de manier waarop dit voorstel een volledige depenalisering doorvoert. Hoewel het tuchtrecht enige rol kan spelen bij gebrek aan strafsancties, creëert de vooropgestelde depenalisering van ongeoorloofde zwangerschapsafbreking door een arts een rechtsonzekere situatie. |
Research Note |
Caretaker Cabinets in BelgiumA New Measurement and Typology |
Journal | Politics of the Low Countries, Issue 1 2021 |
Keywords | caretaker government, Belgium, cabinets, political crisis |
Authors | Régis Dandoy and Lorenzo Terrière |
AbstractAuthor's information |
Belgium is probably the world’s best known case of where caretaker governments reside. Yet a clear scholarly definition and measurement of this concept is missing. Based on a detailed analysis of the Belgian federal cabinets, this research note explores the main characteristics and measures the length of the various caretaker periods. We find that Belgium was governed for no less than 1,485 days by a caretaker government between 2007 and 2020, which equals more than four full calendar years. This research note also presents a novel typology of caretaker periods based on the institutional and political practice within the Belgian legislative and executive branches. This typology can be used to assess caretaker periods at other levels of government as well as in other countries in order to improve our understanding of the many ‘faces’ that a caretaker government can take on. |
Notes from the field |
Focus on victims and the community: applying restorative justice principles to wildlife crime offences in South Africa |
Journal | The International Journal of Restorative Justice, Issue 1 2021 |
Authors | Annette Hübschle, Ashleigh Dore and Harriet Davies-Mostert |
Author's information |
Article |
A maximalist approach of restorative justice to address environmental harms and crimesAnalysing 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. |
Human Rights Practice Review |
The Czech Republic |
Journal | East European Yearbook on Human Rights, Issue 1 2020 |
Authors | Viktor Kundrák and Maroš Matiaško |
Author's information |
Article |
Does the Fight Against the Pandemic Risk Centralizing Power in Pakistan? |
Journal | European Journal of Law Reform, Issue 4 2020 |
Keywords | PTI government, 18th amendment, 1973 Constitution, lockdown, economic impact |
Authors | David A. Thirlby |
AbstractAuthor's information |
When the pandemic struck Pakistan, there was a high-profile divergence between how the federal government and the provincial government of Sindh responded. This points to a tension between the need for a national approach to tackle the pandemic and the prerogative of the provinces to deal with health issues under its devolved powers. These powers were the result of the 18th amendment, which restored a parliamentary federal democracy. Power has also been decentralized from executive presidents to parliamentary forms of government. However, parliamentary systems centralize power within the executive: a trend which the pandemic has reinforced. The article will explore the various interplays although it is the economic landscape which will prove most challenging. Although the emergence of a national centralized approach to combat the pandemic points to a weakening of the devolution process and therefore the reasoning behind the 18th amendment, the situation is more complex which this article seeks to explore. |
Article |
|
Journal | Erasmus Law Review, Issue 4 2020 |
Keywords | wrongful conviction, criminal justice, Criminal Cases Review Commission, Court of Appeal, discretion |
Authors | Carolyn Hoyle |
AbstractAuthor's information |
Since 1997, the Criminal Cases Review Commission of England, Wales and Northern Ireland has served as a state-funded post-conviction body to consider claims of wrongful conviction for those who have exhausted their rights to appeal. A meticulous organisation that has over its lifetime referred over 700 cases back to the Court of Appeal, resulting in over 60% of those applicants having their convictions quashed, it is nonetheless restricted in its response to cases by its own legislation. This shapes its decision-making in reviewing cases, causing it to be somewhat deferential to the original jury, to the principle of finality and, most importantly, to the Court of Appeal, the only institution that can overturn a wrongful conviction. In mandating such deference, the legislation causes the Commission to have one eye on the Court’s evolving jurisprudence but leaves room for institutional and individual discretion, evidenced in some variability in responses across the Commission. While considerable variability would be difficult to defend, some inconsistency raises the prospects for a shift towards a less deferential referral culture. This article draws on original research by the author to consider the impact of institutional deference on the work of the Criminal Cases Review Commission and argues for a slightly bolder approach in its work |
Article |
The 1986 United Nations Principles on Remote Sensing Dealing with the Dual-Use Nature of Space Imagery |
Journal | International Institute of Space Law, Issue 3 2020 |
Keywords | remote sensing principles, international space law, national space law, data access, dissemination, dual-use, national interests |
Authors | Anne-Sophie Martin |
AbstractAuthor's information |
The 1986 United Nations Principles on Remote Sensing represent a fundamental tool within the international legal regime governing space activities. Indeed, they provide a set of non-binding provisions to guide States willing to conduct remote sensing activities. The paper considers these Principles in light of the dual-use nature of remote sensing technology and products, as well as given the “democratisation” of the use of Earth observation data. Nowadays, remote sensing satellites are operated in many civil, commercial and military applications. In this context, it is necessary to examine the scope of the Principles in order to figure out whether the current legal framework is appropriate, in particular given the dual-use nature of satellite imagery. In addition, some legal issues arise with regard to access to and processing of data which are generated by the private sector for governmental and military uses. In fact, it is now possible to extract military information from commercial and civil Earth observation programmes. So far, the Principles have continued to prove their value and usefulness. However, they do not have been reviewed, especially as regards the technological development of space systems and the evolution of data distribution. Lastly, the paper aims to analyse the Principles by taking into account the rule of access to EO data without discrimination but nevertheless limited for national security reasons. |
Article |
The Continuity of Obligation to Provide the Services of Global Navigation Satellite SystemLooking Space Law through the Lens of Human Rights |
Journal | International Institute of Space Law, Issue 7 2020 |
Keywords | space law, GNSS, discontinuity, right to life, positive obligations, erga omnes obligations |
Authors | Atefeh Abedinpour and S. Hadi Mahmoudi |
AbstractAuthor's information |
Nowadays, dramatic advancement in space technologies has impressed all the aspects of human life. The protection of human life in aviation and maritime has firmly tied to precise data and crucial information derived from the Global Navigation Satellite System (GNSS). The present article aims to find a binding solution to ensure the continuity of providing positioning satellite services for aviation and sea navigation for all States. For this purpose, after analyzing the Convention on International Liability for Damage Caused by Space Objects and the Charter on the Rights and Obligations of States Relating to the GNSS Services and the International Convention for the Safety of Life at Sea, this article seeks to address three crucial questions using the qualitative method. First, what are the harmful effects of malfunction and discontinuity of GNSS services on human life? Second, is there any obligatory provision in Space Law instruments that ensures the continuity of obligation to provide GNSS services? Therefore, from the human rights law perspective, this study tries to recognize the provision of GNSS services as a legal obligation of the provider States and prove that all the provider States should not discontinue these services. |
Article |
|
Journal | Erasmus Law Review, Issue 3 2020 |
Keywords | Dehumanisation, International Human Rights Law, Positive State obligations, Framework Convention for the Protection of National Minorities, International Convention on the Elimination of all forms of Racial Discrimination |
Authors | Stephanie Eleanor Berry |
AbstractAuthor's information |
International human rights law (IHRL) was established in the aftermath of the Second World War to prevent a reoccurrence of the atrocities committed in the name of fascism. Central to this aim was the recognition that out-groups are particularly vulnerable to rights violations committed by the in-group. Yet, it is increasingly apparent that out-groups are still subject to a wide range of rights violations, including those associated with mass atrocities. These rights violations are facilitated by the dehumanisation of the out-group by the in-group. Consequently, this article argues that the creation of IHRL treaties and corresponding monitoring mechanisms should be viewed as the first step towards protecting out-groups from human rights violations. By adopting the lens of dehumanisation, this article demonstrates that if IHRL is to achieve its purpose, IHRL monitoring mechanisms must recognise the connection between dehumanisation and rights violations and develop a positive State obligation to counter dehumanisation. The four treaties explored in this article, the European Convention on Human Rights, the International Covenant on Civil and Political Rights, the Framework Convention for the Protection of National Minorities and the International Convention on the Elimination of all forms of Racial Discrimination, all establish positive State obligations to prevent hate speech and to foster tolerant societies. These obligations should, in theory, allow IHRL monitoring mechanisms to address dehumanisation. However, their interpretation of the positive State obligation to foster tolerant societies does not go far enough to counter unconscious dehumanisation and requires more detailed elaboration. |
Article |
|
Journal | Erasmus Law Review, Issue 3 2020 |
Keywords | Roma, Travellers, positive obligations, segregation, culturally adequate accommodation |
Authors | Lilla Farkas and Theodoros Alexandridis |
AbstractAuthor's information |
The article analyses the jurisprudence of international tribunals on the education and housing of Roma and Travellers to understand whether positive obligations can change the hearts and minds of the majority and promote minority identities. Case law on education deals with integration rather than cultural specificities, while in the context of housing it accommodates minority needs. Positive obligations have achieved a higher level of compliance in the latter context by requiring majorities to tolerate the minority way of life in overwhelmingly segregated settings. Conversely, little seems to have changed in education, where legal and institutional reform, as well as a shift in both majority and minority attitudes, would be necessary to dismantle social distance and generate mutual trust. The interlocking factors of accessibility, judicial activism, European politics, expectations of political allegiance and community resources explain jurisprudential developments. The weak justiciability of minority rights, the lack of resources internal to the community and dual identities among the Eastern Roma impede legal claims for culture-specific accommodation in education. Conversely, the protection of minority identity and community ties is of paramount importance in the housing context, subsumed under the right to private and family life. |
Article |
|
Journal | Politics of the Low Countries, Issue 3 2020 |
Keywords | Belgian politics, democratic reforms, elections, populist voters, representative democracy |
Authors | Lisa van Dijk, Thomas Legein, Jean-Benoit Pilet e.a. |
AbstractAuthor's information |
Recently, studies have burgeoned on the link between populism and demands for democratic reforms. In particular, scholars have been debating the link between populist citizens or voters and support for referendums. In this article, we examine voters of populist parties (Vlaams Belang (VB) and Parti du Travail de Belgique-Partij van de Arbeid (PTB-PVDA)) in Belgium in 2019 and we look at their attitudes towards various types of democratic reforms. We find that voters of populist parties differ from the non-populist electorate in their support for different kinds of reforms of representative democracy. Voters of VB and PTB-PVDA have in common stronger demands for limiting politicians’ prerogatives, for introducing binding referendums and for participatory budgeting. While Vlaams Belang voters are not significantly different from the non-populist electorate on advisory referendums, citizens’ forums or technocratic reform, PVDA-PTB voters seem more enthusiastic. |
Article |
The International Law Commission’s Draft Articles on the Prevention and Punishment of Crimes Against HumanityIncitement/Conspiracy as Missing Modes of Liability |
Journal | African Journal of International Criminal Justice, Issue 2 2020 |
Keywords | modes of liability, International Law Commission, crimes against humanity, incitement, conspiracy |
Authors | Joseph Rikhof |
AbstractAuthor's information |
The International Law Commission’s Draft Articles on the Prevention and Punishment of Crimes Against Humanity does not include the inchoate crimes of conspiracy or incitement. However, this choice has generated a great deal of academic commentary. This article critically assesses the choice of the drafters to exclude conspiracy and incitement liability, arguing that their decision was flawed. It examines the comments made by academics, as well as participants in the work of the Commission on this draft convention. Additionally, it scrutinizes the methodology employed by the Commission in reaching this conclusion. Finally, it presents a conceptual analysis of the desirability for the inclusion of these two inchoate crimes, arguing that their inclusion would assist in meeting the policy of preventing crimes against humanity. |
Article |
The ILC Draft Articles on Crimes Against HumanityAn African Perspective |
Journal | African Journal of International Criminal Justice, Issue 2 2020 |
Keywords | Africa, norm creation, crimes against humanity, colonial crimes, official immunity |
Authors | Alhagi B.M. Marong |
AbstractAuthor's information |
Africa’s contribution towards the development of the International Law Commission (ILC) Draft Articles should not be assessed exclusively on the basis of the limited engagement of African States or individuals in the discursive processes within the ILC, but from a historical perspective. When analysed from that perspective, it becomes clear that Africa has had a long connection to atrocity crimes due to the mass victimization of its civilian populations during the colonial and postcolonial periods and apartheid in South Africa. Following independence in the 1960s, African States played a leading role in the elaboration of legal regimes to deal with international crimes such as apartheid, or in the development of accountability mechanisms to respond to such crimes. Although some of these efforts proved unsuccessful in the end, the normative consensus that was generated went a long way in laying the foundations for the Rome Statute of the International Criminal Court, which, in turn, influenced the conceptual framework of the ILC Draft Articles. This article proposes that given this historical nexus, the substantive provisions and international cooperation framework provided for in the future crimes against humanity convention, Africa has more reasons to support than to oppose it when negotiations begin at the United Nations General Assembly or an international diplomatic conference. |
Article |
Time to DeliverDefining a Process Towards the Negotiation of a Convention on the Prevention and Punishment of Crimes Against Humanity |
Journal | African Journal of International Criminal Justice, Issue 2 2020 |
Keywords | Sixth Committee, International Law Commission, intergovernmental negotiations, multilateral treaties, treaty-making process |
Authors | Pablo Arrocha Olabuenaga |
AbstractAuthor's information |
In 2019, the International Law Commission (ILC) adopted its articles on the prevention and punishment of crimes against humanity and referred them to the UN General Assembly with the recommendation of adopting a multilateral treaty based on them. The General Assembly’s Sixth Committee was unable to take a decision on this matter and deferred its consideration to 2020. This article focuses on how, in resuming its discussion, the Sixth Committee will have a unique opportunity to define the process towards intergovernmental negotiations. This will close a gap in international criminal law, while generating a new dynamic in its relationship with the ILC on codification, breaking its current cyclical inertia of inaction. |
Article |
Relating to ‘The Other’The ILC Draft Convention on Crimes Against Humanity and the Mutual Legal Assistance Initiative |
Journal | African Journal of International Criminal Justice, Issue 2 2020 |
Keywords | International Law Commission (ILC), Draft Convention on Crimes Against Humanity, Mutual Legal Assistance (MLA) initiative, crimes against humanity, international criminal law |
Authors | Larissa van den Herik |
AbstractAuthor's information |
The International Law Commission (ILC) Draft Convention on Crimes Against Humanity and the Mutual Legal Assistance (MLA) Initiative have largely run in tandem throughout their development. Both projects are motivated by similar gap-filling desires and both projects aim to expand the international criminal justice toolkit; however, these similarities have led to questions if both projects are necessary. This article addresses that question, looking at how different actors have answered this question during the respective processes of maturation of both projects and where both projects stand today. It argues that, while there is significant overlap between the projects, both instruments have merits which the other is lacking, and the optimal solution would be to bring both projects to fruition. |
Article |
Unlocking the Sixth Committee’s Potential to Act for Crimes Against Humanity as It Did for Genocide |
Journal | African Journal of International Criminal Justice, Issue 2 2020 |
Keywords | crimes against humanity, General Assembly, International Law Commission, Sixth Committee, United Nations |
Authors | Michael Imran Kanu |
AbstractAuthor's information |
The International Law Commission, on completion of its work on the draft articles on prevention and punishment of crimes against humanity, recommended to the General Assembly the elaboration of a convention by the said Assembly or by an international conference of plenipotentiaries based on the said draft articles. The Sixth Committee of the United Nations General Assembly at the first opportunity only took note of the draft articles and postponed consideration of the recommendation to its next session. The resolution of the General Assembly, as recommended by the Sixth Committee, does not readily disclose the full extent of the debate, proposals and concerns expressed in the Sixth Committee that prevented the General Assembly from acting on the Commission’s recommendation. This article, in considering the cornucopia of views expressed by States, outlines a path to unlock the Sixth Committee’s potential to act, by proposing a separation of the organizational and substantive matters and future-proofing the further consideration of elaborating a convention through the adoption of a structured approach. |
Editorial |
|
Journal | African Journal of International Criminal Justice, Issue 2 2020 |
Authors | Sean D. Murphy |
Author's information |