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: 94 articles
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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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Journal | Erasmus Law Review, Issue 3 2021 |
Keywords | enforcement practice, victim safety, street level bureaucracy, criminal justice chain, penal protection orders |
Authors | Tamar Fischer and Sanne Struijk |
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Penal protection orders (PPOs) aim to protect initial victims from repeat victimisation and in a broader sense from any danger for his or her dignity or psychological and sexual integrity and may therefore be important instruments for victim safety. However, knowledge on the actual practice of the PPOs and the successes, dilemmas and challenges involved is scarce. In this article, we describe the legal framework and actual enforcement practice of Dutch PPOs. The theoretical framework leading our explorative analyses regards Lipsky’s notion of ‘street-level bureaucracy’ and the succeeding work of Maynard & Musheno and Tummers on coping strategies and agency narratives of frontline workers. Using interview data from criminal justice professionals, victims and offenders, we describe the conditions of the enforcement practice and answer the question which coping mechanisms and types of agencies the professionals tend to apply in order to meet the legislative aims and to protect victims as effectively as possible. Results show that the five conditions described by Lipsky are clearly present. So far, in almost all situations the process of monitoring violations is reactive and because knowledge on risk indicators for violent escalation is still limited, it is difficult for frontline workers to decide how many and what type of resources should be invested in which cases. This results in a ‘moving away from clients’ strategy. However, within this context in which reactive enforcement is the default, we also found several examples of coping that represent ‘moving towards clients’ strategies. |
Editorial |
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Journal | Erasmus Law Review, Issue 3 2021 |
Authors | Sanne Struijk |
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Developments in International Law |
Is the World Ready to Overcome the Thesis of the Clash of Civilizations? |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2021 |
Keywords | clash of civilizations, end of history, tragedy of great power politics, dignity of difference, clash of ignorance |
Authors | István Lakatos |
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The article provides a critical overview of the Clash of Civilizations theory by Samuel Huntington, but in this context it also addresses two other important books also aimed at finding the correct answers to the new challenges of the post-Cold War era; Huntington’s work was also an answer to their thesis. They are Francis Fukuyama’s The End of History and the Last Man, and John Mearsheimer’s The Tragedy of Great Power Politics. I argue that neither the Clash of Civilizations nor the End of History theses correctly captures the complexity of our contemporary social and political life, as they are both based on the assumption of the superiority of the West and the inferiority of the Rest. |
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. |
Case Notes |
The Hungarian Constitutional Court’s Decision on the Protection of ForestsDecision No. 14/2020. (VII. 6.) AB of the Constitutional Court of Hungary |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2021 |
Keywords | public trust, non-derogation, Constitutional Court of Hungary, Article P, future generations |
Authors | Attila Pánovics |
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In its decision delivered on 15 June 2020, the Hungarian Constitutional Court stated that several provisions of the 2017 amendment of the Act XXXVII of 2009 on Forest, Forest Protection and Forest Management are unconstitutional. The case was also an opportunity for the Constitutional Court to adopt another milestone decision on the interpretation and application of the environment-related provisions of the Fundamental Law and the “non-derogation principle”. The progressive decision of the Constitutional Court entrusts the Hungarian State with trustee duties. The present Case Note is an analysis of Decision No. 14/2020. (VII. 6.) AB of the Constitutional Court. |
Conversations on restorative justice |
A talk with Fania Davis |
Journal | The International Journal of Restorative Justice, Issue 3 2021 |
Authors | Albert Dzur |
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Article |
Interest Representation in BelgiumMapping the Size and Diversity of an Interest Group Population in a Multi-layered Neo-corporatist Polity |
Journal | Politics of the Low Countries, Issue 1 2021 |
Keywords | interest groups, advocacy, access, advisory councils, media attention |
Authors | Evelien Willems, Jan Beyers and Frederik Heylen |
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This article assesses the size and diversity of Belgium’s interest group population by triangulating four data sources. Combining various sources allows us to describe which societal interests get mobilised, which interest organisations become politically active and who gains access to the policy process and obtains news media attention. Unique about the project is the systematic data collection, enabling us to compare interest representation at the national, Flemish and Francophone-Walloon government levels. We find that: (1) the national government level remains an important venue for interest groups, despite the continuous transfer of competences to the subnational and European levels, (2) neo-corporatist mobilisation patterns are a persistent feature of interest representation, despite substantial interest group diversity and (3) interest mobilisation substantially varies across government levels and political-administrative arenas. |
Article |
Reducing Ethnic Conflict in Guyana through Political Reform |
Journal | European Journal of Law Reform, Issue 1 2021 |
Keywords | Guyana, race, ethnic conflict, political power, constitutional reform |
Authors | Nicola Pierre |
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This article discusses using constitutional reform to reduce ethnic conflict in Guyana. I start by exploring the determinants of ethnic conflict. I next examine Guyana’s ethnopolitical history to determine what factors led to political alignment on ethnic lines and then evaluate the effect of the existing political institutions on ethnic conflict. I close with a discussion on constitutional reform in which I consider a mix of consociationalist, integrative, and power-constraining mechanisms that may be effective in reducing ethnic conflict in Guyana’s ethnopolitical circumstances. |
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 |
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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 |
Charting a Human Rights Framework for Outer Space Settlements |
Journal | International Institute of Space Law, Issue 2 2020 |
Keywords | rule of law, human rights, governance, sustainability, space law |
Authors | Jonathan Lim |
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The advancing commercialization and democratization of access to space requires a reconceptualization of the foundational principles and values offered by international human rights law (IHRL) to the specific technical, physiological, and legal challenges of outer space. The notion of human rights seeks to establish and safeguard the dignity and value of every human being – it is inherent, broad, and aims to promote tolerance, equality and respect in reducing conflict across diverse and isolated human communities. Technological advancements have given rise to novel and unanticipated human rights concerns in an era where the development of the law lags behind technology. Human rights offer a multitude of benefits conducive to the advancement of prolonged human habitation and activities in outer space. Determining what novel fundamental human rights are required in the context of space requires and understanding premised upon human dignity, respect, and fairness – as underpinned by their relation to human health, safety, wellbeing, and dignity. |
Article |
The new international restorative justice framework: reviewing three years of progress and efforts to promote access to services and cultural change |
Journal | The International Journal of Restorative Justice, Issue 3 2020 |
Keywords | restorative justice, criminal justice reform, cultural change, international guidelines, international law |
Authors | Ian D. Marder |
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The years 2018-2020 saw a number of new international legal instruments and guidelines relating to restorative justice. In 2018, a landmark Recommendation adopted by the Council of Europe and a Resolution by the Organization of American States encouraged its use in their regions. In 2019, the Milquet Report proposed amending a European Union Directive to promote restorative justice as a diversion from court, while in 2020, the European Union adopted a new Victims’ Strategy, and the United Nations published a revised Handbook on Restorative Justice Programmes. This article identifies and analyses the principal developments in this new international framework. It demonstrates the growing consensus on the potential applicability of restorative justice for all types of offences, and the emerging recognition that restorative justice should aim to satisfy the needs of all participants. It also explores statements endorsing the use of restorative justice beyond the criminal procedure and advising criminal justice institutions to utilise restorative principles to inform cultural change. The paper concludes that implementing international policies domestically requires justice reform advocates to build strong, trusting relationships, and organise inclusive partnerships, with all those who hold a stake in the development of restorative justice. |
Article |
Aviators Grounded by COVID-19 (But Mediators Are Ready to Fly) |
Journal | Corporate Mediation Journal, Issue 1 2020 |
Keywords | Fledgling mediators, Master Mediators, Ken Cloke, John Sturrock, Mediator’s Flight Plan |
Authors | Anna Doyle |
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Fledgling mediators are nourished by the wisdom of Master Mediators, until they find their wings and take to the sky. This is a personal perspective, inspired by the author’s attendance at a Master Class given by Ken Cloke in Edinburgh in 2008 (organised by John Sturrock of Core). It echoes precious wisdom, skilfully imparted and gratefully received. The Mediator’s Flight Plan has happily kept the author’s feet ‘off the ground’ for the past 12 years and has inspired her to fly. She shares it now in the hope that it may also inspire other mediators to dare to soar. |
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Journal | Erasmus Law Review, Issue 1 2020 |
Keywords | voting age, children’s rights, youth enfranchisement, democracy, votes at 16 |
Authors | Tommy Peto |
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This article argues in favour of lowering the voting age to 16. First, it outlines a respect-based account of democracy where the right to vote is grounded in a respect for citizens’ autonomous capacities. It then outlines a normative account of autonomy, modelled on Rawls’s two moral powers, saying what criteria must be met for an individual to possess a (pro tanto) moral right to vote. Second, it engages with empirical psychology to show that by the age of 16 (if not earlier) individuals have developed all of the cognitive components of autonomy. Therefore, since 16- and 17-year-olds (and quite probably those a little younger) possess the natural features required for autonomy, then, to the extent that respect for autonomy requires granting political rights including the right to vote – and barring some special circumstances that apply only to them – 16- and 17-year-olds should be granted the right to vote. |
Article |
Gender and LanguageA Public Law Perspective |
Journal | European Journal of Law Reform, Issue 1 2020 |
Keywords | gender language, drafting, language, coercion, linguistic policies |
Authors | Maria De Benedetto |
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The article adopts a public law perspective in order to focus on Gender-Fair Language (GFL) policies and drafting, by considering both language neutralization and language differentiation in some legal systems characterized by different languages. |
Article |
The shame of injustice: the ethics of victimology and what it means for restorative justice |
Journal | The International Journal of Restorative Justice, Issue 3 2019 |
Keywords | Victimology, restorative justice, shame, Bernard Williams, Susan Brison |
Authors | Antony Pemberton |
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The role of shame in restorative justice has a long pedigree. Most often shame has been conceptualised in terms of the act of the offender. The focus of this paper is instead on the shame of the person experiencing wrongdoing: a victim who is neither guilty nor responsible for the experience. This has the advantage of making more clear that shame fundamentally concerns an experience of ‘who I am’ rather than ‘what I have done’, while the reaction to the experience of shame in victimization should involve attention to the identity-related questions that are posed by this experience. This way of viewing shame is connected to the distinction between countering injustice and doing justice, and offers a number of fresh insights into victimological phenomena in restorative justice and restorative justice more generally. |
Article |
Parliamentary Control over Delegated Legislation in Japan |
Journal | European Journal of Law Reform, Issue 4 2019 |
Keywords | statutory instruments, sole law-making organ, supplementary resolution, legislative veto, Committee on Oversight of Administration |
Authors | Katsuhiro Musashi |
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The delegation of legislation from the parliament to the administration plays an important role in a modern administrative state. In Britain, parliamentary control – whereby the parliament has the right to approve or veto a delegated legislation – has been institutionalized and implemented. On the other hand, the Japanese parliament is powerless to approve a delegated order beforehand or ex post. Therefore, improper procedures such as the deviation of the delegated order from the enabling act by a governmental agency, or the introduction of arbitrary administrative measures, have been carried out under insufficient supervision by the parliament in Japan. The National Diet of Japan should, ideally, also hold the power to control the administrative order on the basis of the legal principles formulated by the Diet. Therefore, we propose the introduction of a parliamentary control system that invalidates the ex post enactment of a cabinet order if both Houses of parliament refuse the order within 40 days of its submission. These procedures would have increased efficacy when augmented with a political check function on the proposed cabinet orders by the parliament’s Committee on Oversight of Administration, or their standing committees. |
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The Precautionary Principle in the Fundamental Law of HungaryJudicial Activism or an Inherent Fundamental Principle? An Evaluation of Constitutional Court Decision No. 13/2018. (IX. 4.) AB on the Protection of Groundwater |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2019 |
Keywords | Constitutional Court of Hungary, precautionary principle, judicial activism, Article P of the Fundamental Law of Hungary, constitutional protection of the environment |
Authors | Marcel Szabó |
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Acting upon the motion of the President of the Republic, the Constitutional Court of Hungary ruled in its Decision No. 13/2018. (IX. 4.) AB that the regulation which would have allowed establishing new wells up to the depth of 80m without a license or notification was contrary to the Fundamental Law. The Constitutional Court found in its decision that the regulation would endanger the volume and quality of underground water in a way that, considering the precautionary principle, was no longer compatible with the protection of natural resources and cultural artefacts forming the common heritage of the nation as laid down in Article P(1) of the Fundamental Law or Article XXI(1) of the same on the right to a healthy environment. It was in this decision that the Constitutional Court first outlined in detail the constitutional significance of the precautionary principle, with this principle forming the central part of the decision’s reasoning. Within the framework of this study I examine whether this decision based on the precautionary principle can be considered the ‘extraction’ of what is inherently present in the Fundamental Law or on the contrary, whether it was an activist approach imposing the principle on the Fundamental Law. |
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Journal | Politics of the Low Countries, Issue 2 2019 |
Keywords | radical right-wing populist parties, economic policies, welfare chauvinism, populism, deserving poor |
Authors | Simon Otjes |
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This article examines the economic agenda of the Dutch Freedom Party. It finds that this party mixes left-wing and right-wing policy positions. This inconsistency can be understood through the group-based account of Ennser-Jedenastik (2016), which proposes that the welfare state agenda of radical right-wing populist parties can be understood in terms of populism, nativism and authoritarianism. Each of these elements is linked to a particular economic policy: economic nativism, which sees the economic interest of natives and foreigners as opposed; economic populism, which seeks to limit economic privileges for the elite; and economic authoritarianism, which sees the interests of deserving and undeserving poor as opposed. By using these different oppositions, radical right-wing populist parties can reconcile left-wing and right-wing positions. |
Annual lecture |
Time for a rethink: victims and restorative justice |
Journal | The International Journal of Restorative Justice, Issue 1 2019 |
Authors | Antony Pemberton |
Author's information |