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Article

Mediation in Greece: The ‘Formal’ and Various ‘Informal’ Types, Off- and Online

The Architecture of Mediation in Greece – Shifting towards a Culture That Values Consensus-Building

Journal Corporate Mediation Journal, Issue 2 2021
Keywords mediation, Greece, special forms, mandatory, online, informal types
Authors Dimitris Emvalomenos
Author's information

Dimitris Emvalomenos
Dimitris Emvalomenos, Lawyer, LL.M., Accredited Mediator of the Greek Ministry of Justice & the Centre of Effective Dispute Resolution (CEDR), London, UK, Dep. Managing Partner at the law firm ‘Bahas, Gramatidis & Partners LLP’ (BGP).
Article

Access_open Evaluative Mediation (Part II), Deployment

How to Deploy Evaluative Mediation?

Journal Corporate Mediation Journal, Issue 2 2021
Keywords evaluative mediation, deployment, hybrids
Authors Martin Brink
AbstractAuthor's information

    Part II of this article addresses the question of how evaluative mediation may be used in practice. What guidelines are available to a mediator who considers crossing the line between facilitation and evaluation?


Martin Brink
Martin Brink PhD is Editor in Chief of this Journal, mediator and arbitrator at Utrecht and The Hague, The Netherlands.
Article

Access_open Dispute Resolution in the Chinese Belt and Road Initiative

The Role of Mediation

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.


Henneke Brink
Henneke Brink is a Dutch lawyer, mediator, and owner of Hofstad Mediation. She carries out research and writes about topics concerning the relation between mediation and (inter)national formal justice systems.
Article

Preparing Mediators for Text-Based Mediations on ODR Platforms

Journal International Journal of Online Dispute Resolution, Issue 2 2021
Keywords online dispute resolution (ODR), mediation, dispute resolution, alternative dispute resolution (ADR), mediation training, text-based systems
Authors Joseph van ’t Hooft, Wan Zhang and Sarah Mader
AbstractAuthor's information

    The COIVD-19 pandemic has drawn an increasing level of attention to the role of online dispute resolution (ODR) in dispute resolution systems. As ODR becomes increasingly prevalent, unique characteristics of conducting text-based mediations via ODR platforms begin to surface, warranting discussion on modifying mediator practises to adapt to ODR platforms. This article shines a light on the advantages and disadvantages of text-based mediations through interviews with court administrators and mediators with text-based mediation experience. Accordingly, this article proposes recommendations on training mediators to use ODR platforms and modifying their practises to achieve the best outcomes in text-based mediations. Focusing on the qualitative data and information gathered from these conducted interviews, this article seeks to offer practical advice about preparing mediators to participate in text-based mediations.


Joseph van ’t Hooft
Joseph van ’t Hooft is Juris Doctor Candidate (graduating in 2022) at The Ohio State University, Moritz College of Law.

Wan Zhang
Wan Zhang is Juris Doctor Candidate (graduating in 2022) at The Ohio State University, Moritz College of Law.

Sarah Mader
Sarah Mader is Juris Doctor Candidate (graduating in 2022) at The Ohio State University, Moritz College of Law.
Article

The Use of Technology (and Other Measures) to Increase Court Capacity

A View from Australia

Journal International Journal of Online Dispute Resolution, Issue 2 2021
Keywords court capacity, COVID-19, Australia, online dispute resolution, open justice, procedural fairness, access to justice, online courts, justice technology, judicial function
Authors Felicity Bell, Michael Legg, Joe McIntyre e.a.
AbstractAuthor's information

    The COVID-19 pandemic has forced courts around the world to embrace technology and other innovative measures in order to continue functioning. This article explores how Australian courts have approached this challenge. We show how adaptations in response to the pandemic have sometimes been in tension with principles of open justice, procedural fairness and access to justice, and consider how courts have attempted to resolve that tension.


Felicity Bell
Felicity Bell is a Research Fellow for the Law Society of NSW’s Future of Law and Innovation in the Profession (FLIP) research stream at UNSW Law, Sydney.

Michael Legg
Michael Legg is Professor and Director of the FLIP stream at UNSW Law, Sydney.

Joe McIntyre
Joe McIntyre is a Senior Lecturer in Law at UniSA: Justice and Society, University of South Australia.

Anna Olijnyk
Anna Olijnyk is a Senior Lecturer and Director of the Public Law and Policy Research Unit at Adelaide Law School, University of Adelaide, South Australia.
Article

AI in the Legal Profession

Teaching Robot Mediators Human Empathy

Journal International Journal of Online Dispute Resolution, Issue 2 2021
Keywords ADR, AI, ML, mediation, digital technology, value alignment
Authors Linda Mochon Senado
AbstractAuthor's information

    What benefits do AI technologies introduce to the law and how can lawyers integrate AI tools into their everyday practice and dispute resolution? Can we teach robot mediators to understand human empathy and values to conduct a successful mediation? While the future of AI in the legal profession remains somewhat unknown, it is evident that it introduces valuable tools that enhance legal practice and support lawyers to better serve their clients. This paper discusses the practical ways in which AI is used in the legal profession, while exploring some of the major concerns and hesitation over value alignment, morality and legal formalism.


Linda Mochon Senado
Linda Mochon Senado is a J.D. student at Osgoode Hall Law School. Research Assistant for the Winkler Institute for Dispute Resolution. Caseworker and Certified Community Mediator with the Osgoode Mediation Clinic.
Developments in International Law

The Decision on the Situation in Palestine Issued by Pre-Trial Chamber I of the International Criminal Court

Reflecting on the Legal Merits

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2021
Keywords International Criminal Court, ICC, Palestine, Oslo Accords, jurisdiction
Authors Rachel Sweers
AbstractAuthor's information

    On 5 February 2021, the Pre-Trial Chamber I of the International Criminal Court (ICC) issued its decision on the Situation in Palestine affirming that its territorial jurisdiction extends to the territories occupied by Israel since 1967, namely Gaza and the West Bank, including East Jerusalem. The Situation was brought before the Chamber by request of the ICC’s Prosecutor. Legal issues were addressed in the Majority Decision, as well as in the Partly Dissenting Opinion and Partly Separate Opinion. The procedural history involving the Prosecution Request that seized the Chamber on the Situation in Palestine will be discussed, including a brief analysis of the legal basis for this request. Furthermore, the legal merits of the Situation in Palestine will be compartmentalized into three main pillars in order to analyze step by step how the Chamber reached its conclusion.


Rachel Sweers
Rachel Sweers: legal intern, International Criminal Court, the Hague.
Anniversary: Commemorating the 90th Birthday of Ferenc Mádl, President of the Republic (2000-2005)

Ferenc Mádl, the Hungarian Professor of European Law

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2021
Keywords Ferenc Mádl, private international law, Central Europe, V4, Hungary
Authors Endre Domaniczky
AbstractAuthor's information

    Living in a country under foreign occupation he became engrossed in the science of private law, and (under the influence and with the support of his masters) he started to study the characteristics of socialist, and later of Western European legal systems. Within the socialist bloc, he became one of the early experts on Common Market law, who, following an unexpected historical event, the 1989 regime change in Hungary, was also able to make practical use of his theoretical knowledge for the benefit of his country. In 2021, on the 90th anniversary of his birth and the 10th anniversary of his death, the article remembers Ferenc Mádl, legal scholar, member of the Hungarian Academy of Sciences, minister in the Antall- and Boross governments, former President of Hungary.


Endre Domaniczky
Endre Domaniczky: senior research fellow, Ferenc Mádl Institute of Comparative Law, Budapest.
Case Notes

The Constitutional Court of Hungary on the Borderlines of Blasphemy

A Note on Two Recent Cases

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2021
Keywords blasphemy, freedom of speech, protection of dignity, protection of religion, Hungary
Authors Balázs Schanda
AbstractAuthor's information

    Blasphemy used to be a criminal offence in traditional legal systems. Although offending the transcendent is not criminalized in most Western legal systems, free speech must respect the dignity of others. Religious conviction constitutes an inherent part of dignity. The protection against hate speech offending the dignity of members i.e. of religious communities may include criminal sanctions in extreme cases. The new Civil Code of Hungary (2013) enables the bringing of a civil lawsuit for hate speech. After years of litigation the first two cases where litigants claimed their dignity violated by offensive images have reached the Constitutional Court. The Constitutional Court guaranteed protection of religious identity on the one hand, on the other hand, it upheld the freedom of political speech even when using a religious symbol. Degrading religion offends all members of the religious community, criticism of the religiosity of public actors, however, is protected by the freedom of speech.


Balázs Schanda
Balázs Schanda: professor of law, Pázmány Péter Catholic University, Budapest; justice, Constitutional Court of Hungary, Budapest.
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
AbstractAuthor's information

    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.


István Lakatos
István Lakatos: career diplomat, former human rights ambassador of the Ministry of Foreign Affairs and Trade (MFAT) of Hungary, currently senior adviser at the Ministry of Justice, Human and Minority Rights of Montenegro.
Public Health Emergency: National, European and International Law Responses

Defining the Common European Way of Life

Exploring 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
AbstractAuthor's information

    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.


Lilla Nóra Kiss
Lilla Nóra Kiss: Visiting Scholar at Antonin Scalia Law School, George Mason University, Virginia, US.

Orsolya Johanna Sziebig
Orsolya Johanna Sziebig: senior lecturer, University of Szeged.
Hungarian State Practice

An Institution for a Sustainable Future

The Hungarian Ombudsman for Future Generations

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2021
Keywords intergenerational equity, rights of future generations, ombudsman for future generations, Hungary, right to environment
Authors Kinga Debisso and Marcel Szabó
AbstractAuthor's information

    The purpose of this article is to give an insight into the process leading up to the establishment of the Hungarian Ombudsman for Future Generations and its tasks: an almost 15-year-old, unique legal institution aiming to protect the interests of future generations. The Ombudsman for Future Generations is an example for the institutionalization of the principle of intergenerational justice. The article aims to introduce the characteristics and strengths of the current institutional design and the structural features that allow for the successful operation of the Ombudsman for Future Generations in Hungary. Following an introduction to the political and historical context in which the institution was established, the article describes in detail the Ombudsman’s work, responsibilities, most important functions, elaborating on some examples of its best practices and achievements. Finally, the article touches upon how the example and experiences of the Hungarian institution may be valuable for other countries in Europe and beyond.


Kinga Debisso
Kinga Debisso: political advisor, Ministry of Justice, Budapest.

Marcel Szabó
Marcel Szabó: professor of law, Pázmány Péter Catholic University, Budapest; justice, Constitutional Court of Hungary, Budapest.
Developments in International Law

The Evolution of Content-Related Offences and Their Investigation During the First 20 Years of the Cybercrime Convention

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2021
Keywords cybercrime, content-related offence, cyberbullying, privacy, wiretapping
Authors Kinga Sorbán
AbstractAuthor's information

    The Convention on Cybercrime otherwise known as the Budapest Convention was a complex, pioneering instrument addressing cross-border computer crimes in the wake of the 21st century. As the first international treaty aiming to tackle new threats emerging from the cyberspace, the Convention signed in 2001 certainly influenced national regulators and law enforcement over many years. Two decades have passed since 2001 and the Internet era has undergone previously unpredictable changes, as web 2.0 services started to thrive. Even though the Convention can be considered a landmark in international legislation, after 20 years one must eventually assess how well it stood the test of time and whether it still has relevance. This article has no smaller goal but to evaluate the evolution of content-related cybercrimes and try to the question whether the Convention is still fit to tackle contemporary issues or rather, is outdated and ready to retire.


Kinga Sorbán
Kinga Sorbán: junior research fellow, National University of Public Service, Budapest.
Developments in European Law

Whose Interests to Protect?

Judgments in the Annulment Cases Concerning the Amendment of the Posting Directive

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2021
Keywords posting of workers, freedom to provide services, posting directive, remuneration of posted workers, private international law
Authors Gábor Kártyás
AbstractAuthor's information

    The directive 96/71/EC on the posting of workers had been in force for over 20 years when its first amendment (Directive 2018/957) came into force on 30 July 2020. The Hungarian and Polish Governments initiated annulment proceedings against the new measure, primarily arguing that as the amendment extended the host state’s labor standards ó to posted workers, the directive is no longer compatible with the freedom to provide services (Cases C-620/18 and C-626/18). Although both claims were rejected, the actions contain a number of noteworthy legal arguments (from the perspective of home States), which highlight some of the long-known contradictions of EU legislation on postings. The article summarizes the CJEU’s key observations made in the judgments, which are important propositions for further discussion.


Gábor Kártyás
Gábor Kártyás: associate professor of law, Pázmány Péter Catholic University, Budapest.
Public Health Emergency: National, European and International Law Responses

On the Constitutionality of the Punishment of Scaremongering in the Hungarian Legal System

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2021
Keywords scaremongering, clear and present danger, COVID-19 pandemic, freedom of expression, Constitutional Court of Hungary
Authors András Koltay
AbstractAuthor's information

    Scaremongering criminalized as a limitation to freedom of speech in Hungarian law. In lack of relevant case-law, free speech commentators rarely discussed the provision until the Government took action to step up the fight against the COVID-19 pandemic, and the ensuing amendment of the Criminal Code in Spring 2020 brought the subject back to the forefront of public debate. The article analyses the constitutional issues related to the criminalization of scaremongering, taking the two available Constitutional Court decisions rendered in this subject as guideline. Though the newly introduced legislation attracted widespread criticism in Hungary and elsewhere in Europe, a thorough examination of the new statutory elements makes it clear that public debate and critical opinions may not be stifled by prosecuting individuals for scaremongering. Although the applicable standard cannot yet be determined with full accuracy, the Constitutional Court’s decisions and relevant academic analysis resolve the main issues in order to protect freedom of expression, while the clarification of further details remains a matter for the case-law.


András Koltay
András Koltay: rector and professor of law, University of Public Service, Budapest; professor of law, Pázmány Péter Catholic University, Budapest.
Developments in European Law

Applicability of the GDPR on Personal Household Robots

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2021
Keywords artificial intelligence, robots, personal data, GDPR, scenarios
Authors Gizem Gültekin Várkonyi
AbstractAuthor's information

    Recent developments in artificial intelligence (AI) and robotics point to a close future collaboration between humans and machines. Even though the use of personal robots is not yet a phenomenon, findings in technical and legal literature highlight several possible risks inherent in the processing of personal data by such robots. This article contributes to the current discussions on the applicability of the GDPR to AI technologies from three aspects: (i) first, it encourages the use of a scenario method to predict possible future legal problems related to new technologies; (ii) second, it analyzes considerations with the support of the relevant case-law and present comparative expert opinions for overcoming the weak points of the GDPR relevant to AI; (iii) and finally, proposals made in the recommendations part aim to contribute to a better application of the GDPR to AI technologies in personal use.


Gizem Gültekin Várkonyi
Gizem Gültekin Várkonyi: junior research fellow, University of Szeged.
Public Health Emergency: National, European and International Law Responses

European State Aid Rules in Times of Pandemic

Distorting Competition Between European Airlines?

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2021
Keywords state aid, air transport, airlines, COVID-19 pandemic, Ryanair
Authors Mónika Papp
AbstractAuthor's information

    The outbreak of the COVID-19 pandemic had an immediate and profound impact on mobility and, more specifically, on air passenger transport: airlines were quickly stranded, and the Member States granted aid to air carriers subject to specific eligibility criteria. The Commission reacted swiftly to challenges posed by the COVID-19 pandemic and adopted its Temporary Framework under which vast amounts could be disbursed to market operators. The most controversial eligibility condition set by the Member States is the holding of a national license. This article’s research questions are, first, to explore the conditions under which Member States can grant large amounts of state aid to airlines, and second, to assess whether the requirement to hold a national license is compatible with EU law. By addressing these issues, this article seeks to improve our understanding of EU law’s capacity to tackle distortions of competition.


Mónika Papp
Mónika Papp: research fellow, Centre for Social Sciences, Eötvös Loránd Research Network, Budapest; senior lecturer, ELTE Law School, Budapest.
Review of Hungarian Scholarly Literature

Katalin Sulyok, Science and Judicial Reasoning. The Legitimacy of International Environmental Adjudication (Book Review)

Cambridge University Press, Cambridge, 2020, xxxii + 398 p, ISBN 978-1-108-48966-9

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2021
Authors Lukasz Gruszczynski
Author's information

Lukasz Gruszczynski
Lukasz Gruszczynski: associate professor of law, Kozminski University, Warsaw; research fellow, Centre for Social Sciences, Institute for Legal Studies, Budapest.
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