Search result: 35 articles

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Year 2016 x
Article

Responses to Climate Change in Bangladesh

An Appraisal

Journal European Journal of Law Reform, Issue 2 2016
Keywords climate change, adaptation, Bangladesh, impacts, vulnerability
Authors Nour Mohammad
AbstractAuthor's information

    Climate change is a global problem. The impacts of climate change are worldwide. It’s not only detrimental for developing countries but also harmful for developed countries. Bangladesh is recognized as one of the countries most vulnerable to and affected by the impacts of climate change and global warming. This is due to its geographical location, geo-morphological conditions, low elevation from the sea, density of population, poverty, and remarkable dependence on nature, as well as its resources and services. As a developing country, Bangladesh is least responsible for the GHGs emission and an innocent victim of adverse impacts of climate change. This article explores the situation of climate change, its various causes and the impacts faced by the developing countries, in particular Bangladesh. The author aims to highlight how to reduce the causes of climate change for developing countries and the obligations of developed countries to combat the climate change under the existing international legal framework.


Nour Mohammad
Assistant Professor of Law, Premier University, Chittagong, Bangladesh.
Article

Comparative Legislative Drafting

Comparing across Legal Systems

Journal European Journal of Law Reform, Issue 2 2016
Keywords comparative legislative drafting, comparative law, drafting process
Authors Constantin Stefanou
AbstractAuthor's information

    This article is an original, first attempt at establishing a list of comparative criteria for the comparative study of legislative drafting or aspects of legislative drafting between the two families of legal systems: common law and civil law. Because of the limited bibliography in the field of legislative drafting – let alone in comparative legislative drafting between common law and civil law systems – this article adds to existing scholarship on the field aiming to become a basis for further comparative research in legislative drafting. The list of criteria can be used on its own for different jurisdictions within the same family of legal systems, or the two lists can be used to juxtapose civil and common law experiences in legislative drafting. As this is the first time that such lists of comparative criteria in legislative drafting have been produced, it should be stressed that the lists are certainly not exhaustive. The aim of this article is to generate comparative research in legislative drafting, and so, inevitably, such comparative research might add or even subtract criteria from the lists depending on results.


Constantin Stefanou
Dr Constantin Stefanou is the director of the Sir William Dale Centre for Legislative Studies, at the Institute of Advanced Legal Studies (School of Advanced Study, University of London). He is also the convener of the oldest master’s programme in the field of legislative drafting (LLM in advanced legislative studies) at the IALS.
Case Reports

2016/52 Pregnancy and job offers (NL)

Journal European Employment Law Cases, Issue 4 2016
Keywords Gender, Pregnancy, Dismissal
Authors Anton van Leeuwen
AbstractAuthor's information

    A discriminatory refusal to offer an employee a new employment contract upon expiry of a fixed term contract is not discriminatory dismissal but a discriminatory refusal to give access to employment. The employer is liable for emotional damages.


Anton van Leeuwen
Anton van Leeuwen is an attorney at SteensmaEven in Rotterdam.
ECJ Court Watch

Case C-409/16. Sex discrimination

Ypourgos Esoterikon, Ypourgos Paideias kai Thriskevmaton – v – Maria-Eleni Kalliri, reference lodged by the Greek Symvoulio tis Epikrateias on 22 July 2016

Journal European Employment Law Cases, Issue 4 2016
Keywords Gender discrimination
ECJ Court Watch

Case C-354/16. Part-time work and sex discrimination

Ute Kleinsteuber – v – Mars GmbH, reference lodged by the German Arbeitsgericht Verden on 27 June 2016

Journal European Employment Law Cases, Issue 4 2016
Keywords Part-time work, Gender discrimination

    The Industrial Disputes Court considered certain substantive and procedural issues in the context of a claim for sexual harassment and victimisation. This case provides a good illustration of the principles the tribunals apply when examining sexual harassment cases and how these are interpreted by Cypriot employment courts.


Anna Praxitelous
Anna Praxitelous is a lawyer with George Z. Georgiou & Associates LLC, www.gzg.com.cy. This article was originally edited by, and first published on, www.internationallawoffice.com.

    The Austrian Supreme Court has ruled that the general prohibition of Muslim face veils by an employer does not constitute unlawful discrimination. In this landmark decision, Austria’s Supreme Court expresses the view that an uncovered face is a prerequisite to proper communication. Thus, termination of employment by reason of an employee’s refusal to come to work unless she can wear a face veil is not unlawful under the Austrian Equal Treatment Act. Whether this rule also applies to other religious clothing such as headscarves remains to be seen.


Hans Georg Laimer
Hans Georg Laimer is a partner at zeiler.partners Rechtsanwälte GmbH.

Lukas Wieser
Lukas Wieser is an attorney at law at zeiler.partners Rechtsanwälte GmbH.
Article

Access_open The Right to Mental Health in the Digital Era

Journal Erasmus Law Review, Issue 3 2016
Keywords E-health, e-mental health, right to health, right to mental health
Authors Fatemeh Kokabisaghi, Iris Bakx and Blerta Zenelaj
AbstractAuthor's information

    People with mental illness usually experience higher rates of disability and mortality. Often, health care systems do not adequately respond to the burden of mental disorders worldwide. The number of health care providers dealing with mental health care is insufficient in many countries. Equal access to necessary health services should be granted to mentally ill people without any discrimination. E-mental health is expected to enhance the quality of care as well as accessibility, availability and affordability of services. This paper examines under what conditions e-mental health can contribute to realising the right to health by using the availability, accessibility, acceptability and quality (AAAQ) framework that is developed by the Committee on Economic, Social and Cultural Rights. Research shows e-mental health facilitates dissemination of information, remote consultation and patient monitoring and might increase access to mental health care. Furthermore, patient participation might increase, and stigma and discrimination might be reduced by the use of e-mental health. However, e-mental health might not increase the access to health care for everyone, such as the digitally illiterate or those who do not have access to the Internet. The affordability of this service, when it is not covered by insurance, can be a barrier to access to this service. In addition, not all e-mental health services are acceptable and of good quality. Policy makers should adopt new legal policies to respond to the present and future developments of modern technologies in health, as well as e-Mental health. To analyse the impact of e-mental health on the right to health, additional research is necessary.


Fatemeh Kokabisaghi
Fatemeh Kokabisaghi, Iris Bakx and Blerta Zenelaj are Ph.D. candidates at the Institute of Health Policy and Management, Erasmus University Rotterdam. All authors contributed equally.

Iris Bakx
Fatemeh Kokabisaghi, Iris Bakx and Blerta Zenelaj are Ph.D. candidates at the Institute of Health Policy and Management, Erasmus University Rotterdam. All authors contributed equally.

Blerta Zenelaj
Fatemeh Kokabisaghi, Iris Bakx and Blerta Zenelaj are Ph.D. candidates at the Institute of Health Policy and Management, Erasmus University Rotterdam. All authors contributed equally.
Article

Access_open A Theoretical Framework to Study Variations in Workplace Violence Experienced by Emergency Responders

Integrating Opportunity and Vulnerability Perspectives

Journal Erasmus Law Review, Issue 3 2016
Keywords Workplace aggression, workplace violence, emergency responders, blaming the victim, victimology
Authors Lisa van Reemst
AbstractAuthor's information

    Emergency responders are often sent to the front line and are often confronted with aggression and violence in interaction with citizens. According to previous studies, some professionals experience more workplace violence than others. In this article, the theoretical framework to study variations in workplace violence against emergency responders is described. According to criminal opportunity theories, which integrate the routine activity theory and lifestyle/exposure theory, victimisation is largely dependent on the lifestyle and routine activities of persons. Situational characteristics that could be related to workplace violence are organisational or task characteristics, such as having more contact with citizens or working at night. However, they do not provide insight in all aspects of influence, and their usefulness to reduce victimisation is limited. Therefore, it is important to consider the role of personal characteristics of the emergency responders that may be more or less ‘attractive’, which is elaborated upon by the victim precipitation theory. Psychological and behavioural characteristics of emergency responders may be relevant to reduce external workplace violence. The author argues that, despite the risk of being considered as blaming the victim, studying characteristics that might prevent victimisation is needed. Directions for future studies about workplace violence are discussed. These future studies should address a combination of victim and situation characteristics, use a longitudinal design and focus on emergency responders. In addition, differences between professions in relationships between characteristics and workplace violence should be explored.


Lisa van Reemst
Lisa van Reemst, M.Sc., is a Ph.D. candidate at the Erasmus University Rotterdam.
Article

Prohibition of Discrimination: Citizenship as a Possible Discrimination Basis

Journal European Journal of Law Reform, Issue 3 2016
Keywords anti-discrimination law, Serbian Law, harmonization, right to a personal name, European Court of Justice
Authors Olga Jović-Prlainović and Jelena Belović
AbstractAuthor's information

    In modern society, the right to equality is not just a universal moral obligation; it is rather an expression of a generally accepted rule in international law that all people have equal rights, independently of differences based on innate or acquired personal characteristics. Prohibition of discrimination is a civilization heritage, and it is determined by systematically overcoming prejudices and stereotypes as key factors of discrimination, where educational institutions, media, public authority, and non-governmental organizations all have a vital role. Tackling with discrimination is not just the application of rules regulated by law and taking necessary measures towards social groups which are in an unequal position, but it is also a continuous development of tolerance when it comes to ethnicity, religion, gender, minorities, as well as acceptance of the existing interpersonal differences. It is well known that the area of West Balkans is often a breeding ground where stereotypes and prejudices thrive for decades. The strategic aim of the Republic of Serbia is membership in the European Union, and so nation-wide law regulation concerning this matter is directed at complying with the European Union Law since the prohibition of discrimination is one of the pillars of the European Union Law. In this article, the influence of the European Union Law and practical measures taken by the European Court of Human Rights in order to prohibit discrimination in a specific international and private domain are analyzed.


Olga Jović-Prlainović
Olga Jović-Prlainović is Associate Professor at the Faculty of Law, University of Pristina, Kosovska Mitrovica.

Jelena Belović
Jelena Belović is Assistant Professor at the Faculty of Law, University of Pristina, Kosovska Mitrovica.
Article

The New Handshake: Where We Are Now

Journal International Journal of Online Dispute Resolution, Issue 2 2016
Keywords consumers, consumer protection, online dispute resolution (ODR), remedies, e-commerce
Authors Amy J. Schmitz and Colin Rule
AbstractAuthor's information

    The internet has empowered consumers in new and exciting ways. It has opened more efficient avenues for consumers to buy just about anything. Want proof? Just pull out your smartphone, swipe your finger across the screen a few times, and presto – your collector’s edition Notorious RBG bobblehead is on its way from China. Unfortunately, however, the internet has not yet delivered on its promise to improve consumer protection.


Amy J. Schmitz
Amy J. Schmitz is the Elwood L. Thomas Missouri Endowed Professor at the University of Missouri School of Law and Center for the Study of Dispute Resolution, and the founder of MyConsumertips.info.

Colin Rule
Colin Rule is co-founder and Chairman of Modria.com and the former Director of Online Dispute Resolution for eBay and PayPal.
Article

Equal Employment in Hungarian Labour Law

Effective Principle or Uncertain Framework

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2016
Authors Márton Leó Zaccaria
Author's information

Márton Leó Zaccaria
Senior lecturer, University of Debrecen Faculty of Law, Department of Agricultural Law, Environmental Law and Labour Law, Debrecen.
Article

Transforming Our World

New Agenda and Goals for Sustainable Development

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2016
Authors Zsuzsanna Horváth
Author's information

Zsuzsanna Horváth
Associate professor, University of Pécs, Faculty of Law, Department of International and European Law.
ECJ Court Watch

Case C-451/16. Sex discrimination

MB – v – Secretary of State for Work and Pensions, reference lodged by the Supreme Court of the United Kingdom on 12 August 2016

Journal European Employment Law Cases, Issue 4 2016
Keywords Gender discrimination
Article

Access_open The Justification of Basic Rights

A Discourse-Theoretical Approach

Journal Netherlands Journal of Legal Philosophy, Issue 3 2016
Keywords Basic rights, Right to justification, Discourse theory, Non-domination, Kant
Authors Rainer Forst
AbstractAuthor's information

    In this paper, I suggest a discourse theory of basic legal rights that is superior to rival approaches, such as a will-based or an interest-based theory of rights. Basic rights are reciprocally and generally justifiable and binding claims on others (agents or institutions) that they should do (or refrain from doing) certain things determined by the content of these rights. We call these rights basic because they define the status of persons as full members of a normative order in such a way that they provide protection from severe forms of legal, political and social domination. The very ground of these rights is the status of persons as free and equal normative authorities within the order they are subject to. In other words, these rights are grounded in a fundamental moral right to justification.


Rainer Forst
Rainer Forst is professor of Political Theory and Philosophy at the Goethe Universität, Frankfurt am Main.

    As the nature of global violence shifts and conflict becomes increasingly characterized by intrastate violence, theoretical underpinnings of violence and aggression based on Westphalian models have become insufficient. Contemporary warfare is no longer confined to acts of violence between states using large-scale weaponry where non-combatants are rarely at the front lines. Instead, small arms have allowed rebel groups to bring the front lines of conflict to villages, resulting in a much deadlier age of violence against civilians. This shift has led to an increase in attention to the impact of violent conflict on civilians, including a consideration of the gendered experiences of women, men, girls and boys.
    Of particular concern in this article is the way in which a discourse of victimhood, mobilized through international policy and intervention, can further marginalize and disempower women in postwar contexts. Drawing on ethnographic data from fieldwork with women in Bosnia-Herzegovina, this article will highlight the usefulness of a narrative framework for understanding how individuals make sense of violence, and the discursive politics at work in how these experiences are storied. To this end, the article endeavours to expand the theoretical base from which to understand women’s experiences of conflict in order to ensure postwar interventions do not confine women to the role of “victim,” but support a full range of their expression of agency.


Jessica M. Smith
Jessica Smith is a PhD candidate at the School for Conflict Analysis & Resolution at George Mason University. Her research is focused on exploring the intersection of photography, narrative theory, and women’s postwar political agency as a point of inquiry for developing a richer understanding of how to meaningfully engage women in conflict transformation processes. Currently, she is a fellow for the Center for the Study of Narrative and Conflict Resolution and the Managing Editor of Narrative & Conflict: Explorations in Theory and Practice.
Article

The Truth of Fiction: Literature as a Source of Insight into Social Conflict and Its Resolution

Journal International Journal of Conflict Engagement and Resolution, Issue 2 2016
Keywords literary approaches to conflict resolution, narrative theory, mass movements, social transformation, social injustice
Authors Angelica R. Martinez and Richard E. Rubenstein
AbstractAuthor's information

    The study of literature, although relatively new to the field of peace and conflict studies, has proven to be a valuable way to develop our understanding of violent social conflicts and the possible methods of resolving or transforming them. Literary texts present students of human conflict and conflict resolution with an appreciation of the power of “thick” descriptions of the human experience and the problems with “thin” modes of expression. Narrative and literary works reveal the indelible marks that violence and conflict inscribe on those left in their wake. Examining conflict through literature also grants students access to the ethical and moral dilemmas that people face as they navigate complex and oppressive social systems. A graduate-level course in “Conflict and Literature” taught for the past ten years at George Mason University provides evidence of these uses and suggests the possibility of further pedagogical developments.


Angelica R. Martinez
Angelica R. Martinez is a PhD candidate at George Mason University and the Branch Chief of Policy and Assessment for NATO’s Allied Land Command in Izmir, Turkey. She taught in the Department of Social Sciences at the U.S. Military Academy (West Point).

Richard E. Rubenstein
Richard E. Rubenstein is University Professor of Conflict Resolution and Public Affairs at George Mason University’s School for Conflict Analysis and Resolution. His most recent book is Resolving Structural Conflicts: How Violent Systems Can Be Transformed (2017).
Article

Narrative Approaches to Understanding and Responding to Conflict

Journal International Journal of Conflict Engagement and Resolution, Issue 2 2016
Keywords narrative, conflict resolution, development, assessment, evaluation
Authors Sarah Federman
AbstractAuthor's information

    While stories have circulated for millennia and constitute the very fabric of life in society, narrative as an optic for understanding and engaging with conflict emerged in the field of conflict resolution only in the past few decades, and has already amassed an array of significant contributions (Bar-Tal and Salomon, 2006; Cobb, 2013; Grigorian and Kaufman, 2007; Kellett, 2001; Lara, 2007; Nelson, 2001; Rotberg, 2006; Winslade and Monk, 2000). They encompass several spheres of action. Narrative analysis provides a means to locate individual and communal meaning in their discourse and to pinpoint conflicts in their world views that threaten their identity and agency. Further, it helps explain how marginalized people remain marginalized. Narrative interventions allow for conflict transformation, helping people to renegotiate their social positions and reclaim lost agency stemming from marginalized positions. Narrative evaluation highlights the flexibility of that model to measure change through a detection of discursive shifts over time. This article provides an overview of narrative approaches to conflict, answering: (a) What is narrative and what is its potential as a tool for understanding and responding to conflict? (b) How might we conduct a narrative analysis of a conflict? (c) From this analysis, how might we then construct narrative interventions and programme evaluations?


Sarah Federman
Sarah Federman is an Assistant Professor at the University of Baltimore in the department of Negotiations and Conflict Management. Federman completed her doctorate at George Mason University’s School for Conflict Analysis and Resolution where she studied the role of the French National Railways (SNCF) in the Holocaust and the on-going conflict in the United States over whether the company has done enough to make amends. She used narrative and ethnographic methods to construct a narrative landscape of the conflict over time and to better understand the social construction of victim-perpetrator binaries. Federman began this research as a masters student at the American University of Paris.

    The UK Supreme Court has held that the mistreatment of two Nigerian employees based on their vulnerable immigration status, did not amount to direct or indirect discrimination. The question for the Court was whether the employees had been discriminated against on the basis of their nationality. The Court accepted that immigration status is a function of nationality, but that it is not the same thing.


Hayley Band
Hayley Band is a Paralegal at Lewis Silkin LLP, www.lewissilkin.com.
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