Search result: 16 articles

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Year 2017 x
Article

Access_open Legality of the World Bank’s Informal Decisions to Expand into the Tax Field, and Implications of These Decisions for Its Legitimacy

Journal Erasmus Law Review, Issue 2 2017
Keywords World Bank, legality, legitimacy, global tax governance, tax policy and tax administration reforms
Authors Uyanga Berkel-Dorlig
AbstractAuthor's information

    The emergence of global tax governance was triggered by common tax problems, which are now still being faced by international society of nation-states. In the creation of this framework, international institutions have been playing a major role. One of these institutions is the World Bank (Bank). However, those who write about the virtues and vices of the main creators of the framework usually disregard the Bank. This article, therefore, argues that this disregard is not justified because the Bank has also been playing a prominent role. Since two informal decisions taken in the past have contributed to this position of the Bank, the article gives in addition to it answers to the following two related questions: whether these informal decisions of the Bank were legal and if so, what implications, if any, they have for the Bank’s legitimacy.


Uyanga Berkel-Dorlig
Ph.D. candidate in the Department of Tax Law, Erasmus School of Law, Erasmus University Rotterdam, The Netherlands.
Article

Negotiating Co-Authorship, Ethically and Successfully

Journal International Journal of Conflict Engagement and Resolution, Issue 1 2017
Keywords negotiation, ethics, academia, mentorship, authorship
Authors Andrea Schneider and Rachel Gur-Arie PhD
AbstractAuthor's information

    Authorship is a feature of career success and is relevant for practically all health science fields. Yet negotiating co-authorship is one of the most difficult processes academics encounter. The stakes are high, issues can be complex, and negotiators’ motivations are often multifaceted. The tools presented in this article – preparation, relationship development, and communication – can be used to increase the likelihood of a successful negotiation. Through the use of a case study, this article illustrates how a typical junior colleague can negotiate with their mentor. Additionally, this article outlines various standards of co-authorship to ensure that published authorship reflects appropriate standards of the field. The goal is for academics to be able to negotiate not only effectively, but also ethically.


Andrea Schneider
Professor Andrea Kupfer Schneider is the Director of the Dispute Resolution Program, Marquette University Law School.

Rachel Gur-Arie PhD
Rachel Gur-Arie is a PhD candidate in Health Systems Management within the School of Public Health at Ben-Gurion University of the Negev in Be’er Sheva, Israel.

Tamás Molnár
Legal research officer on asylum, migration and borders, European Union Agency for Fundamental Rights, Vienna; adjunct professor of public international law and EU migration law, Corvinus University of Budapest, Institute of International Studies.

Andrea Gioia
Senior legal officer for the Office of Legal Affairs of the International Atomic Energy Agency in Vienna.

    The Agreement on Transboundary Haze Pollution (“ATHP”), which has been signed by ASEAN member states, aims to overcome the annual haze problem in the region. Since the treaty came into force on 25 November 2003, the signatory nations urged Indonesia, the dominant contributor to the haze pollution, to ratify the agreement. After taking more than a decade to consider, Indonesia finally ratified the agreement in 2014, evincing its serious effort to prevent future forest fires. This study analyzes important issues of state responsibility and effective legal recourse to cope with the unresolved haze problem. Due to the ineffectiveness of ATHP, this study presents two effective legal measures: utilizing another relevant international treaty that offers an effective dispute settlement mechanism and building international awareness to stop using products from endangered forests.


Dodik Setiawan Nur Heriyanto
Lecturer at Faculty of Law, Islamic University of Indonesia.
Article

The EU Migrant Quota Referendum in Hungary

The Legal Aspects of a Primarily Political Device

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2017
Authors László Komáromi
Author's information

László Komáromi
Associate Professor at Pázmány Péter Catholic University, Faculty of Law and Political Sciences.

Franciska Takó-Bencze
Trainee judge at the Budapest-Capital Regional Court.

Sándor Takó
Visiting lecturer of Pazmany Peter Catholic University at the Department of Private Law as well as at the Budapest Metropolitan University.

Christine Byron
Lecturer in Law, Cardiff University.
Article

Non-Legal Considerations in the Reasoning of the European Court of Human Rights

Journal European Journal of Law Reform, Issue 3 2017
Keywords ECHR, Convention, human rights, subsidiarity, pretence
Authors Kacper Zajac
AbstractAuthor's information

    This article discusses the role of non-legal considerations in the judgments of the European Court of Human Rights. First, it considers what legal instruments are available to the Court in interpreting the Convention Rights and why such instruments came to being in the first place. Second, the article identifies what types of non-legal considerations are taken into account by the Court and what impact they have on the Court’s decision-making process. The article argues that the Court pays considerable attention to such considerations and, in certain circumstances, it deploys available legal instruments, such as the margin of appreciation doctrine or fair balance test, to give those non-legal considerations a legal pretence. The article concludes that the importance of the non-legal factors in the decision-making process can be attributed to the vulnerable position of the European Court of Human Rights vis-à-vis the contracting states.


Kacper Zajac
Kacper Zajac is a LLM student at the London School of Economics and Political Science (LSE) specializing in European Human Rights. He graduated from Aberystwyth University with First Class Honours in 2015. Kacper has published in the area of international law and British constitutional law. He has also worked as a Researcher for the Society of Conservative Lawyers on the pamphlet ‘A Conservative Narrative on International Law: Past, Present and Future’.

Olga A. Volynskaya
Russian Foreign Trade Academy, Russian Federation, o.a.volynskaya@gmail.com.
Article

Keeping Up with the Neighbours?

Reviewing National Space Laws to Account for New Technology – The Australian and Canadian Experience

Journal International Institute of Space Law, Issue 4 2017
Authors Steven Freeland and Ram S. Jakhu
Author's information

Steven Freeland
Prof. Steven Freeland, Western Sydney University, Australia, s.freeland@westernsydney.edu.au.

Ram S. Jakhu
Prof. Ram S. Jakhu, McGill University, Canada, ram.jakhu@mcgill.ca.

Sandra Cabrera Alvarado
PhD Candidate, University of Luxembourg, 4, Rue Alphonse Weicker L-2721 Luxembourg, Luxembourg, sandra.cabrera@uni.lu.
Article

Refugees in Distress

The Protection of Safety Radiocommunication Signals against Harmful Interference

Journal International Institute of Space Law, Issue 3 2017
Authors Simona Spassova and Valentina Nardone
Author's information

Simona Spassova
Dr. Simona Spassova; Faculty of Law, Economics and Finance, University of Luxembourg.

Valentina Nardone
Dr. Valentina Nardone; Sapienza University of Rome.
Article

Satellites and Their Humanitarian Applications

Time to Highlight Their Human Aspects?

Journal International Institute of Space Law, Issue 3 2017
Authors Sylvia Ospina and Valentina Nardone
Author's information

Sylvia Ospina
JD, LL.M., S. Ospina & Associates – Consultants, POB 141814, Coral Gables, FL 33114, USA, Email: sospina@bellsouth.net; sospina2@gmail.com.

Valentina Nardone
Dr. Valentina Nardone; Sapienza University of Rome.

Michael S. Dodge
Department of Space Studies, John D. Odegard School of Aerospace Sciences, University of North Dakota.

Marieke Borren
Dr. Marieke Borren werkte tot voor kort als postdoctoraal onderzoeker aan de faculteit filosofie van de Universiteit van Pretoria, Zuid-Afrika. Op dit moment is ze UD filosofie aan de Open Universiteit en UD gender en postcolonial studies aan de Universiteit Utrecht.
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