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Article

Access_open Voters of Populist Parties and Support for Reforms of Representative Democracy in Belgium

Journal Politics of the Low Countries, Issue 3 2020
Keywords Belgian politics, democratic reforms, elections, populist voters, representative democracy
Authors Lisa van Dijk, Thomas Legein, Jean-Benoit Pilet e.a.
AbstractAuthor's information

    Recently, studies have burgeoned on the link between populism and demands for democratic reforms. In particular, scholars have been debating the link between populist citizens or voters and support for referendums. In this article, we examine voters of populist parties (Vlaams Belang (VB) and Parti du Travail de Belgique-Partij van de Arbeid (PTB-PVDA)) in Belgium in 2019 and we look at their attitudes towards various types of democratic reforms. We find that voters of populist parties differ from the non-populist electorate in their support for different kinds of reforms of representative democracy. Voters of VB and PTB-PVDA have in common stronger demands for limiting politicians’ prerogatives, for introducing binding referendums and for participatory budgeting. While Vlaams Belang voters are not significantly different from the non-populist electorate on advisory referendums, citizens’ forums or technocratic reform, PVDA-PTB voters seem more enthusiastic.


Lisa van Dijk
Lisa van Dijk (corresponding author), KU Leuven.

Thomas Legein
Thomas Legein, Université libre de Bruxelles (ULB).

Jean-Benoit Pilet
Jean-Benoit Pilet, Université libre de Bruxelles (ULB).

Sofie Marien
Sofie Marien, KU Leuven.

Noten


Thomas Dullinger
Univ.-Ass. Mag. Thomas Dullinger is associated with Institut für Arbeits- und Sozialrecht, Universität Wien.
Article

Gender-Neutral Drafting

A View from Wales

Journal European Journal of Law Reform, Issue 1 2020
Keywords gender, legislation, English, Welsh, LGBTQIA+
Authors Thomas Glyn Watkin
AbstractAuthor's information

    The gender classification of words in English is different from that in many other languages, including Welsh. The approach in Welsh is more closely aligned to that in languages such as French, Spanish or Italian, but there are also differences. The differences include the manner in which possessive pronouns and possessive adjectives are employed. These differences pose difficulties for bilingual drafting in English and Welsh.
    This article will consider some of those difficulties, their root causes and some possible solutions as well as look at issues that may or may not complicate matters further in the future.


Thomas Glyn Watkin
Queen’s Counsel (honoris causa); Fellow of the Learned Society of Wales; Honorary Professor of Law, Bangor University. First Welsh Legislative Counsel (2007-2010); Professor of Law, Bangor Law School (2004-2007); Professor of Law, Cardiff Law School (2001-2004).
Case Reports

2019/47 Transfer of undertakings does not include temporary agency workers (AT)

Journal European Employment Law Cases, Issue 4 2019
Keywords Transfer of undertakings, Transfer, Employees who transfer/refuse to transfer
Authors Thomas B. Pfalz
AbstractAuthor's information

    In a series of rulings the Austrian Supreme Court has made it clear that temporary agency workers are transferred to the transferee only if they are assigned to the transferor on a permanent basis. According to the Court, the facts of the cases at hand are not comparable to those of the ECJ ruling in Albron Catering BV (C-242/09). Hence the temporary agency workers remain with their original employer. However, some aspects of the Court’s reasoning seem unclear if not contradictory with regard to other recent judgments.


Thomas B. Pfalz
Thomas B. Pfalz is a Senior Scientist at the Institute for Law at the University of Klagenfurt.

    Both the French Supreme Court and the Versailles Court of Appeal held that an employer, who must ensure that liberties and fundamental rights of each employee are respected in the working community, may lawfully prohibit the wearing of any visible sign of political, philosophical or religious beliefs in the workplace, provided that the rule contained in the company rules and regulations applies without distinction to employees in direct contact with the customers of the company only. But in the absence of such rules, sanctioning an employee who refuses to remove her Islamic veil based on the wish of a customer, which does not qualify as a genuine and determining occupational requirement, amounts to an unlawful direct discrimination and should consequently be held null and void.


Claire Toumieux
Claire Toumieux is partner and Thomas Robert is an attorney at Allen & Overy LLP in Paris, France.

Thomas Robert

    Following an appeal by Uber against the Employment Appeal Tribunal’s (EAT) finding last year, which was featured in EELC 2018/9, that drivers engaged by Uber are ‘workers’ rather than independent contractors (reported in EELC 2018-1), the Court of Appeal (CA) has now upheld the EAT’s decision. The CA also upheld the finding of the Employment Tribunal (ET), which was featured in EELC 2017/10, that drivers are working when they are signed into the Uber app and ready to work (reported in EECL 2017-1). Uber has approximately 40,000 drivers (and about 3.5 million users of its mobile phone application in London alone) and so this decision has potentially significant financial consequences for the company.


Jemma Thomas
Jemma Thomas is a Senior Associate Solicitor at Lewis Silkin LLP.
Article

Access_open Fenomenologie van het proces van bewijzen in strafzaken

Over de noodzaak van het vooroordeel

Journal Netherlands Journal of Legal Philosophy, Issue 1 2019
Authors Thomas Jacobus de Jong
Abstract

    In deze bijdrage staat de activiteit van bewijzen in strafzaken centraal. Betoogd wordt dat de vigerende rationalistische opvatting van strafrechtelijk bewijzen eraan voorbij gaat dat het bewijzen zich allereerst voltrekt op een vóór-reflectief niveau. Het primaire blikveld van de mens is namelijk niet het objectiverende kennen, zoals in de rationele bewijstheorieën wordt voorondersteld, maar de praktische relatie tot de wereld. In dit kader wordt eerst de filosofische achtergrond van de rationalistische bewijsopvatting in kaart gebracht, in het bijzonder de invloed van Aristoteles en Descartes. Vervolgens worden de daaruit voortkomende bevindingen aan de hand van ideeën en inzichten die zijn ontleend aan de existentiële fenomenologie kritisch gewaardeerd. Dit leidt tot de uiteenzetting van een hermeneutische opvatting van strafrechtelijk bewijzen.


Thomas Jacobus de Jong

    Lagrangian Points constitute a stable gravitational point between two or more celestial bodies. Previously used for scientific endeavours, such as the SOHO mission, in the future, Lagrangian Points may also serve to be both commercially and strategically advantageous given the nominal amount of resources required to keep a satellite or similar orbital asset in station-keeping on a Lagrangian Point.
    To that extent, Lagrangian Points may be viewed as having a commercial ‘value ’ because of the competitive advantage afforded to the owner/operator of a spacecraft occupying such a position. This ‘value ’proposition has certain similarities with geostationary orbital positions in Earth orbit.
    Although propertisation of space and celestial bodies is prohibited under the Outer Space Treaty 1967 (UN), orbits within space still remain rivalrous and commercially lucrative (Green, et al. 2018). By operating in a Lagrangian Point, satellites could effectively exclude competing services from also operating within those Lagrangian Points. For example, where one satellite — or a satellite constellation — operates within a Lagrangian Point, another satellite or satellite constellation might be precluded from operating within the same space of that Lagrangian Point, or its proximity.
    This paper builds on previous work regarding the regulation of natural monopolies to mitigate anti-competitive behaviour risks (Green, et al. 2018) and proposes recommendations on how the risk of natural monopolies forming amongst Lagrangian Point missions may be mitigated under a variety of instruments available to both UNOOSA and the ITU.
    In addition to this, this paper considers the military use of Lagrangian Points to mitigate the risk of transforming space into a warfare domain.


Thomas Green
Thomas Green, PhD Student, University of Wollongong.

Patrick Neumann
Patrick Neumann, Chief Scientist, Neumann Space Pty Ltd.

Kent Grey
Kent Grey, Partner, Minter Ellison, 25 Grenfell Street, Adelaide 5000 Australia.

Trevor Sandlin
Trevor Sandlin, Executive Officer, USNS Fall River, United States Merchant Marine.
Part II Private Justice

Making ODR Human

Using Human-Centred Design for ODR Product Development

Journal International Journal of Online Dispute Resolution, Issue 1-2 2018
Keywords online dispute resolution, courts and tribunals, human-centred design, legal tech, legal design, user testing, user-centred design, machine learning, alternative dispute resolution, product development
Authors Luke Thomas, Sarah Kaur and Simon Goodrich
AbstractAuthor's information

    This article discusses what we as human-centred design practitioners have learnt from researching and designing online dispute resolution (ODR) products both for clients and as part of our internal research and development initiatives.


Luke Thomas
Luke Thomas is Design Strategist/Legal Researcher at Portable.

Sarah Kaur
Sarah Kaur is Chief Operating Officer at Portable.

Simon Goodrich
Simon Goodrich is Managing Director at Portable.

    From ESA’s Moon Village to Elon Musk’s Martian cities, there is increasing talk of establishing permanent human settlements or outposts in outer space. November 2018 will mark 18 years of continuous human presence in space via the International Space Station (ISS). However, these new proposals are different for several reasons. They are intended to have a permanence never envisioned for the ISS, they are intended to be ‘home’ to more than professional astronauts and fewer than a handful of space tourists, and they will be located on the Moon and other celestial bodies. The ISS is treated by the existing space law regime as a space object, or an assembly of separate space objects, regarded as functionally no different from any other space object. However, whether this approach could be taken for facilities on the Moon and other celestial bodies is the proposed focus of this paper. None of the space law treaties provide a precise definition of the term ‘space object’, however the generally accepted understanding is that “space objects may be defined as artificial man made objects that are brought into space and are designed for use in outer space.” That is not to lament the lack of a specific definition, as it would most likely be disadvantageous to have been lumbered with the 1967 conception of ‘space object’. The nonspecificity of the treaties allow scope for development and adaptation to deal with the uses now proposed. Article VIII of the Outer Space Treaty potentially provides aid in this quest as it indicates that ‘objects constructed on a celestial body’ fall within the scope of ‘space object’. Therefore, it is most likely possible to construct a regime providing a legal basis for governance of space settlements and outposts utilizing the existing ‘space object’ concept. However, there will still be potential issue around the nonappropriation principle codified in Article II of the Outer Space Treaty. Which this paper will also explore. This is a topic which is vital for the maintenance of the existing space law regime and is of growing relevance as more proposals for permanent human presence are made.


Thomas Cheney
Northumbria University, United Kingdom; thomas.cheney@northumbria.ac.uk.
Article

Mitigation of Anti-Competitive Behaviour in Telecommunication Satellite Orbits and Management of Natural Monopolies

Journal International Institute of Space Law, Issue 2 2018
Keywords anti-competitive conduct, constellation satellites, monopoly
Authors Thomas Green, Patrick Neumann and Kent Grey
AbstractAuthor's information

    Previous activities in developing satellite networks for telecommunications such as the TelStar, Relay and Syncom satellite networks of the early 1960s through to the Iridium, Globalstar and ORBCOMM constellations of the 1990s were reserved to geostationary orbits and low orbits with less than 100 satellites comprising their network. These satellite networks distinguished themselves by being business-to-government and business-tobusiness facing by contracting with government and domestic carriage and media providers for the supply of services. Customers for these services did not constitute either small to medium sized businesses, or individuals in the general public.
    With the advent of what has been dubbed ‘NewSpace’, however, new entrants into the market are developing constellation satellite networks that operate in Low Earth Orbit (LEO). Unlike the legacy satellite telecommunication networks of the 1960s-1990s, these constellation satellite networks are focused on, amongst other things, Internet of Things (IOT) devices, asset management and tracking, Wi-Fi hot-spotting, backhaul networking and contracting with small businesses and the general public.
    Regional examples of these new telecommunication heavyweights include Fleet Space Technologies (Fleet) - an Australian company undertaking to launch 100 satellites into LEO, Sky and Space Global (SAS) - an Australian-British-Israeli consortium that intends to provide a constellation of 200 small satellites, OneWeb’s planned fleet of 650 satellites that may be expanded to 2,000 satellites, and, SpaceX’s planned StarLink network of 12,000 satellites. In addition, companies such as Spire and PlanetLabs intend to provide geospatial information through their own constellation networks to government and educational institutions alongside the private sector.
    Although propertisation of space and celestial bodies is prohibited under the Outer Space Treaty 1967 (UN), near-Earth orbits still remain rivalrous and commercially lucrative. By operating in a LEO environment, these satellite constellation networks have the potential to exclude competing services by new entrants to market. For example, where one constellation network has an orbital plane or orbital shell, another constellation may not be able to have the same orbital plane or orbital shell.
    Presently, the literature to date focuses on the allocation of spectrum bandwidth, and space traffic management with a focus on orbital debris mitigation. This paper addresses these concerns and offers recommendations on how the risk of ‘natural’ monopolies forming for specific constellation satellite networks in LEO may be mitigated under instruments available to both UNOOSA and the ITU.


Thomas Green
(Corresponding author), Neumann Space Pty Ltd, 1/41 Wood Avenue, Brompton 5007 South Australia, tom@neumannspace.com.

Patrick Neumann
Neumann Space Pty Ltd, 1/41 Wood Avenue, Brompton 5007 South Australia.

Kent Grey
b Partner, Minter Ellison, 25 Grenfell Street, Adelaide 5000 Australia, kent.grey@minterellison.com.

Jing Hiah
Jing Hiah is PhD candidate at the Department of Criminology, Erasmus University Rotterdam (hiah@law.eur.nl).

Thomas Riesthuis
Thomas Riesthuis is PhD candidate at the Department of Sociology, Theory and Methodology, Erasmus University Rotterdam (riesthuis@law.eur.nl).

Thomas Riesthuis
Thomas Riesthuis is a PhD candidate at Erasmus School of Law, Erasmus University Rotterdam.

Christina Binder
Professor of International Law at the University of Vienna.

Thomas Schobesberger
Research Assistant in International Law at the University of Vienna.
Article

Access_open Fuller and Arendt: A Happy Marriage? Comment on Rundle

Journal Netherlands Journal of Legal Philosophy, Issue 3 2014
Keywords Fuller, Arendt, Radbruch, legal certainty
Authors Thomas Mertens
AbstractAuthor's information

    In her paper, Rundle seeks to develop a normative legal theory that is distinctively public. Building on her book, Forms Liberate, she seeks to bring Fuller’s legal theory into conversation with Arendt’s political theory. In this comment, I present some hesitations with regard to the fruitfulness of this conversation. It concludes with the suggestion to explore how Radbruch’s ‘idea of law’ could be fruitful for the overall jurisprudential project Rundle seeks to develop in her work.


Thomas Mertens
Thomas Mertens is Professor of Philosophy of Law at Radboud University Nijmegen; t.mertens@jur.ru.nl
Research Note

Falende of veranderde representatie in West-Europa?

Journal Res Publica, Issue 4 2014
Authors Jacques Thomassen and Carolien van Ham
Author's information

Jacques Thomassen
Jacques Thomassen is emeritus hoogleraar politicologie aan de Universiteit Twente. Zijn onderzoek richt zich vooral op (de legitimiteit van de) democratie en politieke representatie.

Carolien van Ham
Carolien van Ham was post-doctoraal onderzoeker aan de Universiteit Twente en is research fellow aan de Universiteit van Gothenburg. Per 1 januari 2015 is zij verbonden aan de Australian National University. Haar onderzoek concentreert zich op politieke representatie, democratisering en verkiezingsfraude. Ze heeft gepubliceerd in onder meer Democratization, West European Politics en Electoral Studies.
Research Note

De perceptie van etnische diversiteit en negatieve houdingen ten opzichte van immigranten

Een multilevelanalyse van Belgische gemeenten

Journal Res Publica, Issue 2 2014
Authors Marc Hooghe and Thomas de Vroome
Author's information

Marc Hooghe
Marc Hooghe is gewoon hoogleraar Politieke Wetenschappen en directeur van het Centre for Citizenship and Democracy aan de KU Leuven. Zijn onderzoek richt zich voornamelijk op de thema’s van sociaal kapitaal, sociale cohesie en politieke participatie. Hij is houder van een ERC Advanced Grant voor een onderzoek naar de verbindingsmechanismen tussen burgers en de staat in West-Europa.

Thomas de Vroome
Thomas de Vroome is als postdoctoraal onderzoeker verbonden aan het Centre for Citizenship and Democracy aan de KU Leuven. Zijn onderzoek richt zich op migratie en integratie, interetnische relaties en democratische attituden. Enkele recente publicaties gaan over etnisch-culturele groepsverschillen in sociaal vertrouwen, politiek vertrouwen en subjectief welbevinden.

Thomas Mertens
Thomas Mertens is Professor of Legal Philosophy at Radboud Universiteit Nijmegen.
Article

Access_open There is Only One Presumption of Innocence

Journal Netherlands Journal of Legal Philosophy, Issue 3 2013
Keywords burden of proof, German law, procedural rights, pretrial detention
Authors Thomas Weigend
AbstractAuthor's information

    Antony Duff proposes a comprehensive concept of the presumption of innocence, covering the period before, during and after a criminal process, both in an official (state vs. individual) and a non-official, civic sense. By that broad usage, the concept of presumption of innocence is getting blurred and risks losing its contours. I therefore suggest to keep separate matters separate. The presumption of innocence in the narrow sense that I suggest applies only where there exists a suspicion that an individual has committed a criminal offence. The important function of the presumption of innocence in that situation is to prevent an over-extension of state power against the individual under suspicion before that suspicion has been confirmed to be true beyond a reasonable doubt. A general presumption that all people abide by the law at all times is neither warranted nor necessary. It is not warranted because experience tells us that many people break some laws sometimes. And it is not necessary because a system of civil liberties is sufficient to protect us against official or social overreach based on a suspicion that we may commit crimes.


Thomas Weigend
Thomas Weigend is Professor of Criminal Law at the University of Cologne.

Thomas Mertens
Thomas Mertens is Professor of Philosophy of Law at Radboud University Nijmegen.
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