Working as a rider for the Deliveroo platform is a professional activity that can be performed as a self-employed worker, the Labour Tribunal of Brussels has decided, which also ruled out the possibility of Deliveroo riders enjoying the fiscally beneficial status available for workers active on electronic platforms of the collaborative economy (or ‘sharing economy’). |
Search result: 73 articles
Case Reports |
2022/10 Labour Tribunal of Brussels decides that Deliveroo riders are self-employed workers and not employees (BE) |
Journal | European Employment Law Cases, Issue 1 2022 |
Keywords | Employment Status |
Authors | Gautier Busschaert |
AbstractAuthor's information |
Article |
Opening an Absolute Majority A Typology of Motivations for Opening and Selecting Coalition Partners |
Journal | Politics of the Low Countries, Issue 1 2022 |
Keywords | negotiation, absolute majority, oversized coalition, motivations, local election |
Authors | Geoffrey Grandjean and Valentine Meens |
AbstractAuthor's information |
Following the municipal elections in the Walloon Region (Belgium) on 14 October 2018, 189 political groups won an absolute majority. Twenty-two of these decided not to exercise power alone, but favoured the formation of an oversized coalition by integrating a minority partner. The aim of this article is to identify the motivations behind the formation of a local coalition when one of the partners has an absolute majority. Semi-structured interviews with mayors and leaders of political groups in these municipalities make it possible to identify the motivations for, first, the choice to open and, second, the choice of a minority partner. By distinguishing between necessary and supporting motivations, this article shows that the search for greater representation is a necessary motivation for the choice to open, whereas personal affinities and memories of the past are necessary motivations for choosing minority partners. By prioritising motivations, this article shows that. |
Article |
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Journal | Corporate Mediation Journal, Issue 2 2021 |
Keywords | international commercial mediation, Belt and Road Initiative, Singapore Convention, China, international dispute resolution |
Authors | Henneke Brink |
AbstractAuthor's information |
With unfaltering determination, China continues to expand its Belt and Road Initiative (BRI). This article focuses on the preference that is given to mediation for the resolution of BRI-related disputes. China, Hong Kong and Singapore proclaim that this approach better fits with ‘Asian’ cultural values than adversarial processes like arbitration and litigation. The BRI can be seen as an innovative field lab where mechanisms for international commercial conflict management and resolution are being developed and put to action - and where legitimacy is tested. |
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. |
Article |
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Journal | East European Yearbook on Human Rights, Issue 1 2021 |
Authors | Matthias C. Kettemann and Martin Fertmann |
AbstractAuthor's information |
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 |
Exploring the growth and development of restorative justice in Bangladesh |
Journal | The International Journal of Restorative Justice, Issue 2 2021 |
Keywords | restorative justice, Bangladesh, salish, village courts, INGOs |
Authors | Muhammad Asadullah and Brenda Morrison |
AbstractAuthor's information |
Although restorative justice is a new concept in Bangladesh (BD), resolving wrongdoing outside the criminal justice system is not a new practice. Community-based mediation, known as salish, has been practised for centuries – withstanding colonisation, adaptation and distortion. Other practices, such as village courts and customary justice, are also prevalent in Bangladesh. Of these, village courts are currently the most widely practised in Bangladesh. Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ Bangladesh) formally introduced restorative justice in 2013 with the support of international non-governmental organisations (INGOs), NGOs, academics and government agencies. Most of the literature on community-based justice practice focuses on village courts; academic, peer-reviewed research on restorative justice in Bangladesh is scarce. This qualitative study explores the growth and development of restorative justice in Bangladesh. Using in-depth qualitative interviews and survey, the study retraces the genesis of restorative justice in Bangladesh. In recent times, GIZ Bangladesh has been key to the development of restorative justice, which was further expanded by UNDP’s Activating Village Courts project, as well as a graduate course on restorative justice at the University of Dhaka. This study also finds contentious themes raised by the key informants, specifically the role of INGOs, government and community. |
Article |
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Journal | International Journal of Online Dispute Resolution, Issue 1 2021 |
Keywords | access to justice, digital divide, Artificial Intelligence, algorithms, Online Dispute Resolution |
Authors | Daniel Rainey and Larry Bridgesmith |
AbstractAuthor's information |
This article addresses three issues related to online dispute resolution (ODR) that offer promise, and may carry risks for those who develop, provide, and use technology to address disputes and confects. The authors offer some principles to guide the use of technology, and some predictions about the future of ODR. |
Article |
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Journal | The International Journal of Restorative Justice, Issue 1 2021 |
Keywords | restorative justice, restorative practice, environmental justice, environmental regulation |
Authors | Miranda Forsyth, Deborah Cleland, Felicity Tepper e.a. |
AbstractAuthor's information |
The challenges of developing meaningful environmental regulation to protect communities and the environment have never been greater. Environmental regulators are regularly criticised for failing to act hard and consistently, in turn leading to demands for harsher punishments and more rigorous enforcement. Whilst acknowledging the need for strong enforcement to address wantonly destructive practices threatening communities and ecosystems, we argue that restorative approaches have an important role. This article explores a future agenda for environmental restorative justice through (1) situating it within existing scholarly and practice-based environmental regulation traditions; (2) identifying key elements and (3) raising particular theoretical and practical challenges. Overall, our vision for environmental restorative justice is that its practices can permeate the entire regulatory spectrum, going far beyond restorative justice conferences within enforcement proceedings. We see it as a shared and inclusive vision that seeks to integrate, hybridise and build broader ownership for environmental restorative justice throughout existing regulatory practices and institutions, rather than creating parallel structures or paradigms. |
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 |
Domestic Legislation and Challenges Related to Outer Space Laws in Pakistan |
Journal | International Institute of Space Law, Issue 5 2020 |
Keywords | lawmaking process, treaty implementation, national space policy, civil space agency, national space regime, Pakistan space program |
Authors | Shakeel Ahmad |
AbstractAuthor's information |
In Pakistan, there exists valuable technical and entrepreneurial capability that could be used to take full advantage of space benefits for national economic development. However, the country has not yet become a full spacefaring nation as compared to some other States. At national level, there is a strong realization to uplift national space program and many initiatives are being taken. However, lack of political will, interest in space related public policies are the main hindrances to formulate national space laws. The existing general national laws of Pakistan are somewhat relevant to outer space exploration and use, however, lack in full and systematic support of new developments as compared to various spacefaring nations. These are the challenges that must be addressed by Pakistan in order to legislate and to revisit its present structure, both legislative and decision-making, for outer space activities. This paper critically analyzes the domestic legislative hurdles and challenges with a view of recommending the adoption of relevant national laws and regulations in order to develop and sustain a full space economy as well as to implement Pakistan’s international obligations, in line with some other States. |
Article |
The Regional Preference from a Space Law and Policy Perspective and the European Intergovernmental Organisation as a Potential Model for the Middle East |
Journal | International Institute of Space Law, Issue 5 2020 |
Keywords | regional preference, procurement, European perspective, Middle East, space industry |
Authors | Annette Froehlich and Claudiu Mihai Tăiatu |
AbstractAuthor's information |
This article aims to provide the European perspective, highlighting the European Space Agency (ESA) procurement framework for regional industrial development as a potential model for the Middle East. Space activities are increasing across the Middle East and many of these countries are members of the World Trade Organization (WTO). This means that they must abide by WTO trade principles including competition rules. However, Middle East countries, especially Gulf countries, have developed national procurement frameworks applicable to the oil and gas industry to protect national industry participation and promote local employment. Similar rules of procurement could be proposed for the space industry in order to develop and secure the space industry in the Middle East region. To balance the criteria of regional preference and WTO competition rules, ESA’s industrial space policy could serve as a model for the Middle East. |
Article |
The strategic use of terminology in restorative justice for persons harmed by sexual violence |
Journal | The International Journal of Restorative Justice, Issue 2 2020 |
Keywords | Restorative justice, sexual violence, victim, survivor, feminism |
Authors | Shirley Jülich, Julienne Molineaux and Malcolm David Green |
AbstractAuthor's information |
An argument for the importance of strategically selected terminology in the practice of restorative justice in sexual violence cases is presented through reviews of restorative justice, communication, social constructivist and feminist literature. The significance of language and its impact on those who use it and hear it is established from its use in classical antiquity, psychotherapy and semantics. The use of the terms ‘victim’ and ‘survivor’ is explored in the fields of legal definitions and feminist theory. Reports in the existing restorative justice literature are used to bring together the literature on the impact of the use of terminology and the legal and feminist understandings of the significance of the use of the terms ‘victim’ and ‘survivor’. We argue that the restorative justice practitioner has a crucial role in guiding the person harmed in sexual violence cases in the strategic use of ‘victim’ and ‘survivor’ to enhance the positive impact of terminology on the persons harmed in acts of sexual violence. Conclusions from our explorations support the creation of a proposed sexual violence restorative justice situational map for use as a navigational aid in restorative justice practice in sexual violence cases. |
Article |
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Journal | Erasmus Law Review, Issue 2 2019 |
Keywords | web harvesting, data analysis, text & data mining, TDM: Proposal EU Copyright Directive |
Authors | Maria Bottis, Marinos Papadopoulos, Christos Zampakolas e.a. |
AbstractAuthor's information |
This conference paper submitted on the occasion of the 8th International Conference on Information Law and Ethics (University of Antwerp, December 13-14, 2018) that focused on modern intellectual property governance and openness in Europe elaborates upon the Text and Data Mining (TDM) issue in the field of scientific research, which is still-by the time of composition of this paper-in the process of discussion and forthcoming voting before the European Parliament in the form of provision(s) included in a new Directive on Copyright in the Digital Single Market. TDM is included in the proposal for a Directive of the European parliament and of the Council on copyright in the Digital Single Market-Proposal COM(2016)593 final 2016/0280(COD) that was submitted to the European Parliament. |
Article |
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Journal | Erasmus Law Review, Issue 2 2019 |
Keywords | machine-generated data, Internet of Things, scientific research, personal data, GDPR |
Authors | Alexandra Giannopoulou |
AbstractAuthor's information |
Data driven innovation holds the potential in transforming current business and knowledge discovery models. For this reason, data sharing has become one of the central points of interest for the European Commission towards the creation of a Digital Single Market. The value of automatically generated data, which are collected by Internet-connected objects (IoT), is increasing: from smart houses to wearables, machine-generated data hold significant potential for growth, learning, and problem solving. Facilitating researchers in order to provide access to these types of data implies not only the articulation of existing legal obstacles and of proposed legal solutions but also the understanding of the incentives that motivate the sharing of the data in question. What are the legal tools that researchers can use to gain access and reuse rights in the context of their research? |
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Journal | Erasmus Law Review, Issue 4 2019 |
Keywords | consumer, energy transition, social responsibility, Dutch law, EU law |
Authors | Katalin Cseres |
AbstractAuthor's information |
As our economies continue to focus on growth, competition and maximisation of consumer choice, the global increase in consumption takes vast environmental and social costs and cause irreversible harm to our climate and environment. The urgency of reducing human footprint and to diminish one of the root causes of a declining climate and environment is irrefutable. In the shift that globally has to take place, a decentralised energy system relying on more distributed generation, energy storage and a more active involvement of consumers form a crucial component of renewable energy solutions. The move from a highly centralised to a more decentralised power system involves an increasing amount of small-scale (intermittent) generation from renewable energy which is located closer to the point of final consumption. In order to steer consumption towards sustainability national governments and supranational organisations have adopted policies and corresponding legislation that address individual consumers as rational and active choice-makers who make socially responsible choices when they receive the ‘right’ amount of information. By relying on insights from modern consumption theories with contributions from sociology, this article questions the effectiveness and legitimacy of these ‘consumer-centred’ policies and laws. First, the article argues that the single focus on individual consumer behaviour as a rational and utility maximising market actor fails to take into account the complexity of consumption, which is fundamentally influenced by social norms and its broader institutional setting. Although consumers are willing to consume more sustainably, they are often ‘locked in by circumstances’ and unable to engage in more sustainable consumption practices even if they want to. Second, by relying on evidence from sociological studies the article argues that individual consumers are not the most salient actors in support of sustainable consumption. Even though the urgency of the energy transition and the critical role consumers play in (un)sustainable energy consumption is acknowledged in both the EU and its Member States, their laws and policies remain grounded on goals of economic growth with competitive economies, the sovereignty of consumer choice and wealth maximisation, instead of aiming at slower economic growth or even degrowth, reducing overall resource use and consumption levels and introducing radically different ways of consumption. |
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Journal | Erasmus Law Review, Issue 4 2019 |
Keywords | sustainability, business, global value chains, planetary boundaries, sustainable corporate governance |
Authors | Beate Sjåfjell and Jeroen Veldman |
AbstractAuthor's information |
The EU-funded project Sustainable Market Actors for Responsible Trade (SMART, 2016-2020), undertook an interdisciplinary and multilevel regulatory analysis of the barriers and possibilities for securing the contribution of private and public market actors to a sustainable future. Jurisdiction-specific contributions were an essential part of this broad regulatory analysis. This afterword reflects on the Dutch contributions included in this Special Issue, emphasising the urgency of securing policy coherence for sustainable business. The afterword highlights how individual initiatives by national legislators such as those of the Netherlands can be inspiring examples, while they also bring with them challenges including questions of scope and of legal certainty for businesses, specifically with regard to cross-border operations and activities. This leaves business with the difficult task of figuring out the various requirements and expectations and may lead to regulatory competition between EU member states. The afterword therefore concludes with a call for EU harmonisation, to give sustainability-oriented business a level playing field and provide legal certainty both for decision-makers in business and for those affected by the conduct of business across global value chains. |
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Journal | Erasmus Law Review, Issue 1 2019 |
Keywords | international commercial court, dispute resolution, business court, Brexit, judicial system |
Authors | Alexandre Biard |
AbstractAuthor's information |
In 2018, in the wake of Brexit, the French legal profession took several important measures to strengthen the competitiveness of France and the French legal system, and to make Paris an attractive go-to-point for businesses when the latter have to deal with international commercial litigation. When taking a closer look at it, Brexit is only the top of the iceberg, and has mostly served as a catalyst. Reasons explaining the development of international commercial courts in France are manifold. They are consequences of long-standing efforts aimed at boosting the French judicial marketplace to adapt it to the requirements of globalization and to the expectations of multinational corporations. The setting-up of the French international business courts has made several procedural adjustments necessary. Although the latter undoubtedly represent clear innovations, they however do not constitute a full-blown revolution. France has indeed decided to maximize already-existing procedural rules, combined with a new organisational format inspired by the Common Law tradition. If it remains too early to draw clear conclusions on the impact of these new developments, it is essential to keep our ears to the ground, and to be forward-looking. We should carefully consider the possible side-effects on the French justice system considered as a whole, and in particular wonder whether these international commercial courts might in the future open the door to broader far-reaching evolutions within the judicial system. Finally, the multiplication of international business courts across Europe nowadays triggers some questions concerning the role and potential added value of an EU initiative in this domain. |
Editorial |
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Journal | The International Journal of Restorative Justice, Issue 2 2019 |
Authors | Christopher D. Marshall |
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Article |
Digital Identity for Refugees and Disenfranchised PopulationsThe ‘Invisibles’ and Standards for Sovereign Identity |
Journal | International Journal of Online Dispute Resolution, Issue 1 2019 |
Keywords | digital identity, sovereign identity, standards, online dispute resolution, refugees, access to justice |
Authors | Daniel Rainey, Scott Cooper, Donald Rawlins e.a. |
AbstractAuthor's information |
This white paper reviews the history of identity problems for refugees and disenfranchised persons, assesses the current state of digital identity programmes based in nation-states, offers examples of non-state digital ID programmes that can be models to create strong standards for digital ID programmes, and presents a call to action for organizations like International Organization for Standardization (ISO) and the United Nations High Commissioner for Refugees (UNHCR). |
Article |
The Pull of Unbiased AI Mediators |
Journal | International Journal of Online Dispute Resolution, Issue 1 2019 |
Keywords | automation, artificial intelligence, algorithm development, mediation, pull style communication |
Authors | Chris Draper |
AbstractAuthor's information |
There is significant concern in the access to justice community that expanding current count-based online dispute resolution (ODR) efforts will further exacerbate the systemic inequities present in the American justice system. This well-founded fear stems from the fact that current ODR tools typically calibrate artificial intelligence (AI) algorithms with past outcomes so that any future cases are consistently analysed and filtered in a manner that produces similar results. As courts consider ODR tools for more complicated cases that often require mediation, there is significant disagreement on whether it is possible to create an AI mediator and how that could be achieved. This article argues that an effective AI mediator could be created if its design focuses not on the outcomes achieved by the mediation but on the manner of the communication prompts used by the AI mediator. |