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Research Notes

Paid Digital Campaigning During the 2018 Local Elections in Flanders

Which Candidates Jumped on the Bandwagon?

Journal Politics of the Low Countries, Issue 3 2019
Keywords local elections, candidates, campaign spending, digital campaigning
Authors Gunther Vanden Eynde, Gert-Jan Put, Bart Maddens e.a.
AbstractAuthor's information

    This research note investigates the role of paid digital campaigning in the 2018 local elections in Flanders. We make use of the official declarations which candidates are legally required to submit. In these declarations, candidates indicate whether and how much they invested in online campaigning tools during the four months preceding the elections. We collected data on a sample of 3,588 individual candidates running in the 30 municipalities of the Leuven Arrondissement. A multilevel logistic regression model shows that the odds of spending on digital campaigning increases among incumbent aldermen and local councillors. The latter finding supports the normalization thesis of digital campaigning. The results also show that scale is important – the more potential voters a candidate has, the higher the odds that the candidate invests in digital tools.


Gunther Vanden Eynde
Gunther Vanden Eynde is a doctoral researcher at the KU Leuven Public Governance Institute. His research interests include political finance, campaign spending and the social media campaigns of Belgian political parties and their candidates.

Gert-Jan Put
Gert-Jan Put is a Senior Researcher at the Research Center for Regional Economics, KU Leuven. His research focuses on candidate selection and intra-party competition, and has been published in Political Behavior, Party Politics and Electoral Studies.

Bart Maddens
Bart Maddens is a professor of political science at the KU Leuven Public Governance Institute His research interests include political finance, elections and multi-level systems. His work has been published in West European Politics, Party Politics and Electoral Studies.

Gertjan Muyters
Gertjan Muyters is a doctoral researcher at the KU Leuven Public Governance Institute. His research focuses on candidate turnover and political careers.
Article

How to Improve Local Turnout

The Effect of Municipal Efforts to Improve Turnout in Dutch Local Elections

Journal Politics of the Low Countries, Issue 3 2019
Keywords turnout, local elections, get out the vote, campaign, the Netherlands
Authors Julien van Ostaaijen, Sabine van Zuydam and Martijn Epskamp
AbstractAuthor's information

    Even though many municipalities use a variety of means to improve turnout in local elections, citizen participation in local elections is a point of concern in many Western countries, including the Netherlands. Our research question is therefore: How effective are municipal efforts to improve turnout in (Dutch) local elections? To this end, we collected data from three sources: (1) a survey sent to the municipal clerks of 389 Dutch municipalities to learn what they do to improve turnout; (2) data from Statistics Netherlands on municipalities’ socio-demographic characteristics; and (3) data on the turnout in local elections from the Dutch Electoral Council database. Using hierarchical multiple regression analysis, we found that the direct impact of local governments’ efforts to improve turnout is low. Nevertheless, some measures seem to be able to make a difference. The relative number of polling stations was especially found to impact turnout.


Julien van Ostaaijen
Julien van Ostaaijen is assistant professor of public administration at the Tilburg Institute of Governance (Tilburg University).

Sabine van Zuydam
Sabine van Zuydam is assistant professor of public administration at the Tilburg Institute of Governance (Tilburg University) and researcher at Necker van Naem.

Martijn Epskamp
Martijn Epskamp is a researcher of the municipality of Rotterdam (Research and Business Intelligence department)

Sofie Hennau
Sofie Hennau is a postdoctoral research at the Center for Government and Law, Hasselt University. Her research focuses on local elections and on the relationship between politics and administration at the local level.

Johan Ackaert
Johan Ackaert is professor at the Center for Government and Law, Hasselt University. His research interests are local government and local governance.
Research Notes

Sub-Constituency Campaigning in PR Systems

Evidence from the 2014 General Elections in Belgium

Journal Politics of the Low Countries, Issue 3 2019
Keywords Sub-constituency campaigning, PR system, political advertisements, election campaign, content analysis
Authors Jonas Lefevere, Knut De Swert and Artemis Tsoulou-Malakoudi
AbstractAuthor's information

    Sub-constituency campaigning occurs when parties focus their campaign resources on specific geographical areas within an electoral district. This behaviour was traditionally thought to occur only in single-member plurality elections, but recent research demonstrates that proportional systems with multi-member districts can also elicit sub-constituency campaigning. However, most studies of sub-constituency campaigning rely on self-reported measures of campaigning, not direct measures of campaign intensity in different regions and communities. We present novel data on geographical variations in the intensity of Flemish parties’ campaign advertising during the 2014 general elections in Belgium, which provides a direct measure of sub-constituency campaigning. Our findings show clear evidence of sub-constituency campaigning: parties campaign more intensely in municipalities where they have stronger electoral support and in municipalities with greater population density.


Jonas Lefevere
Jonas Lefevere is assistant professor at Vesalius College and the Institute for European Studies (VUB). His research interests include the strategic communication of political elites, the effects of campaign communication on political attitudes and electoral choice and the role of issue perceptions in electoral behavior.

Knut De Swert
Knut De Swert is Assistant Professor, Political Communication and Journalism, at the Amsterdam School of Communication Research (University of Amsterdam, The Netherlands). His research is situated in the field of media and politics, and mainly focuses on the quality of (political) journalism and foreign news in a comparative perspective.

Artemis Tsoulou-Malakoudi
Artemis Tsoulou-Malakoudi is a student research assistant for the EOS research project RepResent which focuses on representation and democratic resentment. She is currently following a Research Master’s at the University of Amsterdam with an interest in political communication research.
Article

On Lessons Learned and Yet to Be Learned

Reflections on the Lithuanian Cases in the Strasbourg Court’s Grand Chamber

Journal East European Yearbook on Human Rights, Issue 1 2019
Keywords human rights, European Convention on Human Rights, European Court of Human Rights, Lithuania
Authors Egidijus Kūris
Abstract

    During the two-and-a-half decades while Lithuania has been a party to the European Convention on Human Rights, the Grand Chamber of the European Court of Human Rights has decided five Lithuanian cases. They all (perhaps but one) raised controversial issues not only of law but also of those pertaining to matters non-legal: psychology, politics, history and so on. There had been follow-ups to most of them, allowing for consideration as to the merits and disadvantages of the respective judgments. These cases are narrated on in their wider-than-legal context and reflected upon from the perspective of their bearing on these issues and of the lessons they taught both to Lithuania, as a respondent State, and to the Court itself.


Egidijus Kūris
Article

Reasoning in Domestic Judgments in New Democracies

A View from Strasbourg

Journal East European Yearbook on Human Rights, Issue 1 2019
Keywords European Court of Human Rights, Article 6, new democracies, reasoning in domestic judgments
Authors Dragoljub Popović
AbstractAuthor's information

    One of the shortcomings in the functioning of the justice systems in new democracies consists of insufficient reasoning in judgments. The European Court of Human Rights (Court) had to deal with the issue in cases in which applicants invoked Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms (Convention). The Court’s case law developments concerning the issue are analysed in this article. The general rule emerged in leading cases and was subsequently followed. It says there is an obligation incumbent on national courts to provide reasons for their judgments. Therefore, insufficient reasoning in a judgment given at the domestic level of jurisdiction provides grounds for finding a violation of Article 6 of the Convention. The problem of lack of adequate reasoning in domestic judgments has been given attention among scholars, judges and practising lawyers in new democracies. The Court’s jurisprudence provides guidance to solutions aimed at improvement of the administration of justice in those countries, which are Member States of the Convention.


Dragoljub Popović
Former judge of the ECtHR, attorney-at-law at the Belgrade Bar, professor of law at Union University (Belgrade, Serbia) and a visiting professor at Creighton University (Omaha, NE, USA).
Article

Access_open The Singapore International Commercial Court: The Future of Litigation?

Journal Erasmus Law Review, Issue 1 2019
Keywords international commercial court, Singapore, dispute resolution, litigation
Authors Man Yip
AbstractAuthor's information

    The Singapore International Commercial Court (‘SICC’) was launched on 5 January 2015, at the Opening of Legal Year held at the Singapore Supreme Court. What prompted the creation of SICC? How is the SICC model of litigation different from litigation in the Singapore High Court? What is the SICC’s track record and what does it tell us about its future? This article seeks to answer these questions at greater depth than existing literature. Importantly, it examines these questions from the angle of reimagining access of justice for litigants embroiled in international commercial disputes. It argues that the SICC’s enduring contribution to improving access to justice is that it helps to change our frame of reference for international commercial litigation. Hybridisation, internationalisation, and party autonomy, the underpinning values of the SICC, are likely to be the values of the future of dispute resolution. International commercial dispute resolution frameworks – typically litigation frameworks – that unduly emphasise national boundaries and formalities need not and should not be the norm. Crucially, the SICC co-opts a refreshing public-private perspective to the resolution of international commercial disputes. It illuminates on the public interest element of the resolution of such disputes which have for some time fallen into the domain of international commercial arbitration; at the same time, it introduces greater scope for self-determination in international commercial litigation.


Man Yip
BCL (Oxon).
Article

Access_open Joinder of Non-Consenting Parties: The Singapore International Commercial Court Approach Meets Transnational Recognition and Enforcement

Journal Erasmus Law Review, Issue 1 2019
Keywords international commercial courts, international business courts, third parties, third party joinder, recognition and enforcement
Authors Drossos Stamboulakis and Blake Crook
AbstractAuthor's information

    In this article we explore the approach of the Singapore International Commercial Court (the ‘SICC’) to jurisdiction and joinder of non-consenting parties, and way that any resulting judgments are likely to be treated by foreign enforcing courts. This novel juncture arises as international commercial courts, such as the SICC, rely predominantly upon party autonomy to enliven their jurisdiction over disputants. This does not require any territorial link of the parties or the dispute to the host jurisdiction (Singapore). At the same time, however, the SICC is granted a mandate under Singaporean law to join non-consenting parties, again with no necessary territorial link. Where such joinder occurs, any resulting judgment is likely to face significant difficulties if recognition and enforcement is sought outside of Singapore. To support this argument, we first set out the ways in which non-consenting disputants may be joined to proceedings before the SICC, and offer some initial thoughts on how these powers are likely to be exercised. Second, we argue that any such exercise of jurisdiction – that lacks either territorial or consent-based jurisdiction grounds – is unlikely to gain support internationally, by reference to transnational recognition and enforcement approaches, and the SICC’s most likely recognition and enforcement destinations. Finally, we offer some concluding remarks about the utility of international commercial court proceedings against non-consenting parties, including the possibility they may impact on domestic recognition and enforcement approaches in foreign States.


Drossos Stamboulakis
B.Com, LLB (Hons) (Monash); LLM (EMLE); Law Lecturer, USC School of Law (University of the Sunshine Coast, Australia)

Blake Crook
PhD Candidate, Faculty of Law (University of Melbourne, Australia), B.Com (Acc), LLB (Hons) (Sunshine Coast).
Article

Access_open The Court of the Astana International Financial Center in the Wake of Its Predecessors

Journal Erasmus Law Review, Issue 1 2019
Keywords international financial centers, offshore courts, international business courts, Kazakhstan
Authors Nicolás Zambrana-Tévar
AbstractAuthor's information

    The Court of the Astana International Financial Center is a new dispute resolution initiative meant to attract investors in much the same way as it has been done in the case of the courts and arbitration mechanisms of similar financial centers in the Persian Gulf. This paper examines such initiatives from a comparative perspective, focusing on their Private International Law aspects such as jurisdiction, applicable law and recognition and enforcement of judgments and arbitration awards. The paper concludes that their success, especially in the case of the younger courts, will depend on the ability to build harmonious relationships with the domestic courts of each host country.


Nicolás Zambrana-Tévar
LLM (LSE), PhD (Navarra), KIMEP University.

Marian Liebmann
Marian Liebmann, PhD, is an independent restorative justice practitioner, trainer and consultant. She is the former director of Mediation UK.

Chris Straker
Chris Straker is a director, trainer and consultant at Restorative Thinking Ltd. (www.restorativethinking.co.uk) and a freelance restorative trainer registered with the Restorative Justice Council, UK.

Albert Dzur
Albert Dzur is Distinguished Research Professor, Departments of Political Science and Philosophy, Bowling Green State University, USA.

    According to the Supreme Court of the Republic of Slovenia (Vrhovno sodišče Republike Slovenije) (Supreme Court), reintegration of a formerly dismissed employee does not mean that the employment relationship had not been terminated earlier. Consequently, the employee is entitled to an allowance in lieu of the untaken leave at the time of the dismissal.


Petra Smolnikar
Petra Smolnikar is the founder and manager at PETRA SMOLNIKAR LAW, in Ljubljana, Slovenia, http://petrasmolnikarlaw.eu.

    A recent decision by the Irish Workplace Relations Commission (WRC) found that a third level college lecturer had not been discriminated against on the grounds of gender in relation to her pay.


Orla O’Leary
Orla O’Leary is a Senior Associate with Mason Hayes & Curran, www.mhc.ie
Pending Cases

Case C-223/19, Social Insurance, Gender Discrimination, Pension

YS – v – NK, reference lodged by the Landesgericht Wiener Neustadt (Austria) on 13 March 2019

Journal European Employment Law Cases, Issue 2 2019
Article

e-Court – Dutch Alternative Online Resolution of Debt Collection Claims

A Violation of the Law or Blessing in Disguise?

Journal International Journal of Online Dispute Resolution, Issue 1 2019
Keywords fair trial, money claims, judiciary, ECHR, arbitration
Authors Willemien Netjes and Arno R. Lodder
AbstractAuthor's information

    In 2017, the Dutch alternative dispute resolution (ADR) initiative e-Court handled 20,000 debt collection claims via an online arbitration procedure, and this number was expected to double in 2018. In September of that same year, the Chairman for the Council of the Judiciary, Frits Bakker, argued on the Day for the Judiciary that in the future most lawsuits can be handled automatically and that a robot judge could work fast, efficiently and cheaply. However, in January 2018, Frits Bakker seemed to have changed his mind and criticized e-Court for its lack of impartiality, lack of transparency, unlawfully denying people the right to a state Court, and for being a ‘robot judge’. Ultimately, all criticism boiled down to one issue: that the defendant’s right to a fair trial was not sufficiently protected in e-Court’s procedure. This accusation led to a huge media outcry, and as a result Courts were no longer willing to grant an exequatur to e-Court’s arbitral awards until the Supreme Court had given its approval. This forced e-Court to temporarily halt its services. Questions such as ‘is arbitration desirable in the case of bulk debt collection procedures?’ and ‘are arbitration agreements in standard terms of consumer contracts desirable?’ are relevant and important, but inherently political. In this article, we argue that the conclusion of the judiciary and media that e-Court’s procedure is in breach of the right to a fair trial is not substantiated by convincing legal arguments. Our aim is not to evaluate whether online arbitration is the best solution to the debt collection claim congestion of Courts in the Netherlands, but instead to assess e-Court’s procedure in the light of Article 6 of the European Convention of Human Rights. The conclusion is that e-Court’s procedure sufficiently guarantees the right to a fair trial and thus that the criticism expressed was of a political rather than legal nature.


Willemien Netjes
Faculty of Law, Vrije Universiteit Amsterdam.

Arno R. Lodder
Article

Digital Identity for Refugees and Disenfranchised Populations

The ‘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).


Daniel Rainey
Daniel Rainey is a Board Member, InternetBar.Org (IBO), and Board Member, International Council for Online Dispute Resolution (ICODR)

Scott Cooper
Scott Cooper is a Vice President, American National Standards Institute (retired).

Donald Rawlins
Donald Rawlins is a Candidate (May 2019), Master of Arts in Dispute Resolution, Southern Methodist University.

Kristina Yasuda
Kristina Yasuda is a Director of Digital Identities for the InternetBar.org and a consultant with Accenture Strategy advising large Japanese corporations on their digital identity and blockchain strategy.

Tey Al-Rjula
Tey Al-Rjula is CEO and Founder of Tykn.tech.

Manreet Nijjar
Manreet Nijjar is CEO and Co-founder of truu.id, Member of the Royal College Of Physicians (UK), IEEE Blockchain Healthcare Subcommittee on Digital Identity, UK All Party Parliamentary Group on Blockchain and Sovrin Guardianship task force committee.
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.


Chris Draper
Chris Draper, PhD, PE, is the Managing Director of Trokt, responsible for guiding the development, adoption and growth of the Trokt Online Dispute Resolution platform. Dr. Draper is a trained engineer with a focus on human-technology interface risks, a certified mediator with a focus on special needs education conflicts, and an expert on the evaluation of highly complex systems that assist in the human management of legally sensitive data. Dr. Draper received his Bachelor of Science from the University of California at Berkeley and his Doctor of Philosophy from the University of Glasgow.
Article

Access_open World Justice Forum VI

Insights and Takeaways

Journal International Journal of Online Dispute Resolution, Issue 1 2019
Keywords World Justice Forum, World Justice Project, World Justice Report, online dispute resolution, technology, access to justice, Justice Layer of the Internet
Authors Jeffrey Aresty and Larry Bridgesmith
AbstractAuthor's information

    In May 2019, the World Justice Project (WJP) convened its sixth annual conference to explore the state of access to justice (A2J) in the global context. World Justice Forum VI met in The Hague and published the most recent A2J report compiled after a year of analysis and based on more than a decade of public, government and citizen data. Measuring the Justice Gap revealed less than optimistic data reflecting the lack of significant progress toward fulfilling the United Nations Sustainable Development Goal 16: achieving just, peaceful and inclusive societies by 2030. The 2019 conference showcased many global initiatives seeking to narrow the justice gap. For the most part these initiatives rely on institutional action by governments, financial institutions and NGO’s. As important as these projects are, transforming the access to justice status of the world can also be achieved through actions focused on Justice at the Layer of the Internet. A consensus based governance model can build a legal framework which is not reliant on the enactment of laws, the promulgation of regulations or overcoming the inertia of institutional inaction. This article reviews the learning gleaned from the WJP and the 2019 Forum. It also seeks to augment the great work of the WJP by exploring the potential for justice as delivered by individuals joined in consensus and relying on emerging technologies.


Jeffrey Aresty
Jeff Aresty is an international business and e-commerce lawyer with 35 years of experience in international cyberlaw technology transfer. He is the Founder and President of the InternetBar.Org.

Larry Bridgesmith
Larry Bridgesmith J.D., is CEO of LegalAlignment LLC, a practicing lawyer in Nashville, Tennessee, and Professor of Law at Vanderbilt University and coordinator of its programme on law and innovation.
Article

Access_open Mobile Individualism: The Subjectivity of EU Citizenship

Journal Netherlands Journal of Legal Philosophy, Issue 1 2019
Keywords Individualism, EU Citizenship, Depoliticisation, Mobile Individualism, Citizenship and Form of Life
Authors Aristel Skrbic
AbstractAuthor's information

    The central aim of this article is to analyse the manner in which the legal structure of EU citizenship subjectifies Union citizens. I begin by explicating Alexander Somek’s account of individualism as a concept which captures EU citizenship and propose to update his analysis by coining the notion of mobile individualism. By looking at a range of CJEU’s case law on EU citizenship through the lens of the purely internal rule and the transnational character of EU citizenship, I suggest that movement sits at the core of EU citizenship. In order to adequately capture this unique structure of citizenship, we need a concept of individualism which takes movement rather than depoliticisation as its central object of analysis. I propose that the notion of mobile individualism can best capture the subjectivity of a model EU citizen, a citizen who is a-political due to being mobile.


Aristel Skrbic
Aristel Skrbic is a PhD candidate and teaching and research assistant at the Institute of Philosophy at the KU Leuven.
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