Search result: 41 articles

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Year 2009 x

Yue Fu
Research associate, Graduate School of Humanities and Social Sciences, University of Tsukuba, Japan.

Giuseppe Martinico
Lecturer in Law at the University of Pisa; PhD, Sant'Anna School of Advanced Studies, Pisa. I would like to thank Emanuele Pollio for his comments and Andrea Serafino and Alberto Montagner for their help in preparing a preliminary version of this work.

Jonathan Teasdale
LL.B., LL.M., LARTPI, FRSA, Barrister. The author is presently a lawyer within the Statute Law Repeals team at the Law Commission for England and Wales, although responsibility for the content of this article lies solely with the author, and the article does not purport in any way to reflect the views of the Law Commission.
Article

Access_open Nussbaum’s Capabilities Approach: In Need of a Moral Epistemology?

Journal Netherlands Journal of Legal Philosophy, Issue 3 2009
Keywords Martha Nussbaum, Capabilities Approach, moral epistemology, objectivity, residues of justice, Bernard Williams, political moralism
Authors Mr. Iris van Domselaar
AbstractAuthor's information

    Although Nussbaum’s “Capabilities Approach” (CA) clearly expresses a commitment to objectivity, this article argues that this commitment is rather ambiguous due to the conception of public reason it endorses. In particular, the CA cannot account for an objective justification of public reason, given certain characteristics of public reason. As a result, the CA jeopardizes the substantive aim it has set itself: to provide an objective justification for public choices regarding human capabilities and their specifications.


Mr. Iris van Domselaar
Iris van Domselaar is a Ph.D-student and lecturer at the Department of General Jurisprudence, Faculty of Law, University of Amsterdam. The subject of her thesis is “Residues of Justice and Tragic Legal Choice in a Liberal Rule of Law”.
Article

Access_open Corporate Responsibility Revisited

Journal Netherlands Journal of Legal Philosophy, Issue 2 2009
Keywords individual responsibility, collective responsibility, legal liability, responsibility and politics
Authors prof. Philip Pettit
Abstract

    This paper responds to four commentaries on “Responsibility Incorporated”, restating, revising, and expanding on existing work. In particular, it looks again at a set of issues related primarily to responsibility at the individual level; it reconsiders responsibility at the corporate level; it examines the connection of this discussion to issues of responsibility in law and politics.


prof. Philip Pettit
Hoofdartikel

Access_open Responsibility Incorporated

Journal Netherlands Journal of Legal Philosophy, Issue 2 2009
Keywords corporate agency, corporate responsibility, collective responsibility
Authors prof. Philip Pettit
AbstractAuthor's information

    Incorporated groups include businesses, universities, churches and the like. Organized to act as single centers of agency, they also routinely satisfy the three conditions that make an agent fit to be held responsible: they face significant choices, can recognize the relative value of different options, and are able to choose in sensitivity to such values. But is it redundant to hold a corporate agent responsible for something, when certain members are also held responsible for the individual parts they play? No it is not, for it is often possible for a corporate entity to be fully fit to be held responsible, when this is not true of the individual members; they may be able to make excuses that are not available at the corporate level. Does the case made for corporate responsibility extend to unincorporated collectivities like nations or religions? Not strictly but it does explain why it may be sensible to treat those collectivities as if they had corporate responsibility in certain domains.


prof. Philip Pettit
Philip Pettit is the Laurence S. Rockefeller University Professor of Politics and Human Values at Princeton University.
Article

Access_open Collective Responsibility, National Peoples, and the International Order

Journal Netherlands Journal of Legal Philosophy, Issue 2 2009
Keywords collective responsibility, international legitimacy, global justice
Authors prof. Ronald Tinnevelt
AbstractAuthor's information

    This paper critically scrutinizes Pettit’s defence of corporate and collective responsibility in the light three questions. First, does Pettit successfully argue the passage from corporate responsibility to the responsibility of embryonic group agents, in particular nations? Second, are representation and the authorial and editorial dimensions of democratic control sufficient to ensure that a state is under the effective and equally shared control of its citizens? Third, what kind of international order is required to prevent states from being dominated?


prof. Ronald Tinnevelt
Ronald Tinnevelt is Associate Professor of Legal Philosophy at the Faculty of Law of the Radboud University Nijmegen.

Charles Vlek
Charles Vlek is professor emeritus of environmental psychology and decision research in the Faculty of Behavioural and Social Sciences, Groningen University, Groningen The Netherlands; <c.a.j.vlek@rug.nl>. The author has profited from a three-year period of chairing an advisory committee of the Health Council of The Netherlands (see Health Council, ‘Voorzorg met Rede’ [Precaution with Reason] no. 2008/18 (The Hague: Gezondheidsraad 2008)). Special thanks are due to staff members Wim Passchier, Nienke van Kuijeren, and Harrie van Dijk, and to the various committee members. However, since the views and conclusions in the present paper also result from substantial additional work, they are the personal responsibility of the author.
Case Law

Access_open Preliminary Objections in the Croatia v. Serbia case: A Commentary

Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v. Serbia), Preliminary Objections, Judgment of 18 November 2008

Journal Hague Justice Journal, Issue 1 2009
Authors Wouter Werner
Author's information

Wouter Werner
Professor of Public International Law at VU University Amsterdam.
Case Law

Access_open State Immunity for International Crimes: The Case of Germany versus Italy before the ICJ

Jurisdictional Immunities of the State (Germany v. Italy)

Journal Hague Justice Journal, Issue 2 2009
Authors Francesco Moneta
Author's information

Francesco Moneta
Francesco Moneta is an Associate Legal Officer at the United Nations International Criminal Tribunal for the former Yugoslavia, Trial Chamber I and holds a PhD in International Law from the University of Florence. The views expressed in this article are those of the author alone and do not necessarily reflect the views of the International Tribunal or the United Nations in general.

Jordan J. Paust
Mike & Teresa Baker Law Center Professor, University of Houston. Thanks to Dan Baker of our library staff for useful research.

Yvonne McDermott
LL.B. (National University of Ireland, Galway); LL.M. cum laude (Leiden University); Ph.D. Candidate, Irish Centre for Human Rights. The author would like to express her sincere thanks to Mr. David Leahy for comments on an earlier draft.

Mario Odoni
Researcher in International Law at the Faculty of Political Science, University of Sassari, Italy.
Article

Regulation of Space Debris: on the Way towards International Customary Law?

Nandasiri Jasentuliyana Keynote Lecture on Space Law & 1st Young Scholars Session

Journal International Institute of Space Law, Issue 1 2009
Authors J. Nie

J. Nie
Article

The Development of International Law on Remote Sensing Activities with the Emphasis on International Cooperation

Nandasiri Jasentuliyana Keynote Lecture on Space Law & 1st Young Scholars Session

Journal International Institute of Space Law, Issue 1 2009
Authors M. Fukunaga

M. Fukunaga
Article

Potential Contribution of Japan to the Code of Conduct for Outer Space Activities

Nandasiri Jasentuliyana Keynote Lecture on Space Law & 1st Young Scholars Session

Journal International Institute of Space Law, Issue 1 2009
Authors Y. Kodachi

Y. Kodachi
Article

Let There Be Peace in Space, and on Earth

Peace in Space: Transparency and Confidence Building Measures

Journal International Institute of Space Law, Issue 2 2009
Authors S. Ospina

S. Ospina
Article

Outer Space: Of the People, by the People and for the People

Peace in Space: Transparency and Confidence Building Measures

Journal International Institute of Space Law, Issue 2 2009
Authors V. Leister

V. Leister
Article

Legal Problems Concerning Space Debris and Liability Convention

Third Party Liability Issues in Commercial Space Activities

Journal International Institute of Space Law, Issue 3 2009
Authors D.H. Kim

D.H. Kim
Article

Third Party Liability Arising from GNSS-Related Services

Third Party Liability Issues in Commercial Space Activities

Journal International Institute of Space Law, Issue 3 2009
Authors S. Kozuka

S. Kozuka
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