Search result: 35 articles

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Year 2017 x
Article

Access_open The Questionable Legitimacy of the OECD/G20 BEPS Project

Journal Erasmus Law Review, Issue 2 2017
Keywords base erosion and profit shifting, OECD, G20, legitimacy, international tax reform
Authors Sissie Fung
AbstractAuthor's information

    The global financial crisis of 2008 and the following public uproar over offshore tax evasion and corporate aggressive tax planning scandals gave rise to unprecedented international cooperation on tax information exchange and coordination on corporate tax reforms. At the behest of the G20, the OECD developed a comprehensive package of ‘consensus-based’ policy reform measures aimed to curb base erosion and profit shifting (BEPS) by multinationals and to restore fairness and coherence to the international tax system. The legitimacy of the OECD/G20 BEPS Project, however, has been widely challenged. This paper explores the validity of the legitimacy concerns raised by the various stakeholders regarding the OECD/G20 BEPS Project.


Sissie Fung
Ph.D. Candidate at the Erasmus University Rotterdam and independent tax policy consultant to international organisations, including the Asian Development Bank.

    The Employment Appeal Tribunal (EAT) has adopted a new approach to the burden of proof in discrimination cases. Up to now, the courts have held that the claimant must, in the first instance, prove sufficient facts from which (in the absence of any other explanation) an inference of discrimination can be drawn. Once the claimant has established these facts, the burden of proof shifts to the respondent to show that he or she did not breach the provisions of the Act. The EAT has now said that courts should consider all of the evidence (both the claimant’s and the respondent’s) when making its finding of facts, in order to determine whether or not a prima facie case of discrimination has been made out. It is then open to the respondent to demonstrate that there was no discrimination. This is an important development in how the burden of proof is dealt with in discrimination cases. It clarifies that it is not only the claimant’s evidence which will be scrutinised in determining whether the burden of proof has shifted, but also the respondent’s evidence (or lack thereof).


Hannah Price
Hannah Price is a Legal Director at Lewis Silkin LLP.

    The Supreme Court has ruled in favour of a man seeking to establish that, if he died, his husband should be entitled to the same survivor’s pension as a female spouse would receive in the same circumstances. The Court unanimously held that an exemption in the Equality Act 2010 allowing employers to exclude same-sex partners from pension benefits accruing before December 2005, was incompatible with EU law and should be disapplied.


Anna Bond
Anna Bond is an associate at Lewis Silkin LLP: www.lewissilkin.com.

    Between 2008 and 2016, around 7000 Asda employees working in retail stores (who were largely women) issued equal pay claims in the Manchester Employment Tribunal (‘ET’). The Claimants argued that retail store workers carry out work of ‘equal value’ to the predominantly male workforce working in the distribution centres, meaning they were appropriate comparators for the purposes of an equal pay claim. The ET upheld their claim, even though the stores and distribution centres were run by different departments and the rates of pay set by a different method. Asda appealed to the EAT, which dismissed all grounds of appeal and upheld the ET’s decision, allowing the UK’s largest private-sector group equal pay claim to proceed.


Katie Johnston
Katie Johnston is a Senior Associate at Lewis Silkin LLP.
Article

Access_open The Right to Same-Sex Marriage: Assessing the European Court of Human Rights’ Consensus-Based Analysis in Recent Judgments Concerning Equal Marriage Rights

Journal Erasmus Law Review, Issue 3 2017
Keywords same-sex marriage, gay marriage, European consensus, margin of appreciation, consensus-based analysis by the ECtHR
Authors Masuma Shahid
AbstractAuthor's information

    This contribution assesses the consensus-based analysis and reasoning of the European Court of Human Rights in recent judgments concerning equal marriage rights and compares it to the Court’s past jurisprudence on European consensus and the margin of appreciation awarded to Member States regarding the issue of equal marriage rights. The contribution aims to analyse whether there is a parallel to be seen between the rapid global trend of legalisation of same-sex marriage and the development or evolution of the case law of the ECtHR on the same topic. Furthermore, it demonstrates that the Court’s consensus-based analysis is problematic for several reasons and provides possible alternative approaches to the balancing of the Court between, on the one hand, protecting rights of minorities (in this case same-sex couples invoking equal marriage rights) under the European Convention on Human Rights and, on the other hand, maintaining its credibility, authority and legitimacy towards Member States that might disapprove of the evolving case law in the context of same-sex relationships. It also offers insights as to the future of European consensus in the context of equal marriage rights and ends with some concluding remarks.


Masuma Shahid
Lecturer, Department of International and European Union Law, Erasmus School of Law, Rotterdam.
Article

ODR4Refugees through a Smartphone App

Journal International Journal of Online Dispute Resolution, Issue 1 2017
Keywords refugees, ODR, mediation, smartphone, disputes
Authors Petros Zourdoumis
AbstractAuthor's information

    For the past two years we have been monitoring in Greece several refugee related disputes such as disputes between refugees, intercultural disputes, disputes between refugees and the local community and disputes between refugees and the camp administration. We have also noticed that almost all refugees had smartphones as they were easy to carry with them and allow them to stay connected with those left behind or been relocated. Therefore in order to offer dispute resolution services we had to address two main issues: mobility & speed. We thought that technology could fit perfectly in this context. So, we decided, to develop a smartphone application for refugees that could create the environment for ODR. The App will not only resolve disputes online but try to prevent disputes or their escalation. Some of its innovative features will be personalized texts, language selection, disputes menu, automatic appointment of mediator, case filing, video, audio and text communication. It will have a friendly interface and be very easy to use even for those who have limited knowledge of technology and its download and use will be free for all refugees. The process will be conducted online by specially trained mediators and will be informal & flexible.


Petros Zourdoumis
Petros Zourdoumis is Founder of ODReurope, General Director of ADR point, a Fellow of the National Center for Technology and Dispute Resolution (USA) and project leader for ODR4Refugees (http://odr.info/petros-zourdoumis/).
Article

Equal Access to Information & Justice: A Report on the Online Dispute Resolution (ODR) Forum 2017

The Huge Potential of ODR, Greatly Underexplored (Paris, France, 12 and 13 June 2017)

Journal International Journal of Online Dispute Resolution, Issue 1 2017
Keywords ODR, equal access, justice online, information online, ICC
Authors Mirèze Philippe
AbstractAuthor's information

    This article is a brief report on the two-day conference on ‘Equal Access to Information & Justice, Online Dispute Resolution’, organized by the ICC in Paris on 12-13 June. Over 160 lawyers, magistrates, academics, researchers, dispute resolution organizations and online dispute resolution providers, from over 30 countries and representing each continent debated about the use of technology for the resolution of all types of disputes. The 60 speakers explored the future of dispute resolution and the role of technology in all legal fields, from mediation in conflict zones, to commercial and civil disputes. The huge potentials greatly underexplored were discussed. It was noted that much remains to be done to educate users and convince state courts, dispute resolution organizations, merchants and other services’ providers to offer access to justice online. Efforts must be undertaken to allow users seek remedy in an affordable way. The solution for an equal access to justice is to make such access available online. The issues of ethics and standards were also discussed, as well as the increase concern of data protection and cybersecurity. The recording of the discussions on the panels are available on the ICC Digital Library (ICCDRL).


Mirèze Philippe
Mirèze Philippe is a special counsel at the Secretariat of the ICC International Court of Arbitration. She is the founding co-president of ArbitralWomen and member of the Board, member of the Steering Committee of the Equal Representation in Arbitration Pledge, member of the Board of Advisors of Arbitrator Intelligence, member of the Advisory Board of Association Arbitri, and fellow of the National Center for Technology and Dispute Resolution.
Conference Paper

Artificial Intelligence and Online Dispute Resolution Systems Design

Lack of/Access to Justice Magnified

Journal International Journal of Online Dispute Resolution, Issue 2 2017
Keywords ODR, ethics, alternative dispute resolution, technology, dispute system design, artificial intelligence
Authors Leah Wing
AbstractAuthor's information

    Recent scholarship and innovative applications of technology to dispute resolution highlight the promise of increasing access to justice via online dispute resolution (ODR) practices. Yet, technology can also magnify the risk of procedural and substantive injustice when artificial intelligence amplifies power imbalances, compounds inaccuracies and biases and reduces transparency in decision making. These risks raise important ethical questions for ODR systems design. Under what conditions should algorithms decide outcomes? Are software developers serving as gatekeepers to access to justice? Given competing interests among stakeholders, whose priorities should impact the incorporation of technology into courts and other methods of dispute resolution? Multidisciplinary collaboration and stakeholder engagement can contribute to the creation of ethical principles for ODR systems design and transparent monitoring and accountability mechanisms. Attention to their development is needed as technology becomes more heavily integrated into our legal system and forms of alternative dispute resolution.


Leah Wing
Leah Wing is Co-Director, National Center for Technology and Dispute Resolution, and Senior Lecturer II, Legal Studies Program, Department of Political Science, University of Massachusetts, Amherst (USA).
Article

The Law of Consumer Redress in an Evolving Digital Market

Upgrading from Alternative to Online Dispute Resolution

Journal International Journal of Online Dispute Resolution, Issue 2 2017
Keywords e-Commerce, Online Dispute Resolution, Alternative Dispute Resolution, consumer redress
Authors Pablo Cortés
AbstractAuthor's information

    This article contains the Introduction of a book with the same title recently published by Cambridge University Press, which is reproduced here with its permission. The book offers an updated analysis of the various consumer dispute resolution processes, its laws and best practices, which are collectively referred as the Law of Consumer Redress. The book argues that many consumer redress systems, and in particular publicly certified Alternative Dispute Resolution (ADR) entities, are more than a mere dispute resolution mechanism as they provide a public service for consumers that complements, and often replaces, the role of the courts. In examining the current redress models (i.e., public enforcement, private enforcement and other market options), the book calls for greater integration amongst these various redress options. It also advocates, inter alia, for processes that encourage parties to participate in ADR processes, settle meritorious claims and ensure extrajudicial enforcement of final outcomes. Lastly, the book calls for a more efficient rationalization of certified ADR entities, which should be better coordinated and accessible through technological means.


Pablo Cortés
Pablo Cortés is Professor of Civil Justice, University of Leicester, UK.
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.

Blanka Ujvári
PhD researcher at Pázmány Péter Catholic University, Faculty of Law and Political Sciences, Budapest.
Article

Freedom of Religion at the Workplace

Background to the Ruling of the Court of Justice of the European Union in the Achbita and Bougnaoui Cases

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2017
Authors János Tamás Czigle
Author's information

János Tamás Czigle
PhD researcher at Pázmány Péter Catholic University Faculty of Law and Political Sciences, Budapest.

Ulrich Karpen
University of Hamburg/Germany – Law School

Niels Spierings
Niels Spierings is als universitair docent sociologie verbonden aan de Radboud Universiteit, Radboud Social Cultural Sciences. Binnen de gender- en politieke sociologie richten zijn onderzoek en publicaties zich op populisme, sociale media, democratisering, sociale houdingen, emancipatie, migratie en islam. Zijn geografische focus omvat Nederland in vergelijkend Europees perspectief en het Midden-Oosten en Noord-Afrika. Ook publiceert hij over methoden in gender- en intersectioneel onderzoek.
Symposium

Brusselse jongeren tussen hoop en angst

Journal Res Publica, Issue 4 2017
Authors Charlotte Landsheere and Dimokritos Kavadias
Author's information

Charlotte Landsheere
Charlotte Landsheere is een 22-jarige Brusselaar. Ze behaalde net haar master in de Politieke Wetenschappen (VUB, 2017) met een onderzoek over sociale cohesie bij Brusselse jongeren. In haar vrije tijd werkt ze rond youth empowerment en actief burgerschap via verscheidene jongerenorganisaties.

Dimokritos Kavadias
Dimokritos Kavadias is verbonden aan de vakgroep Politieke wetenschappen aan de VUB, waar hij sedert 2009 onderzoeksvaardigheden doceert. Hij is sinds 2015 directeur van het Brussels Informatie, Documentatie- en Onderzoekscentrum BRIO aan de VUB. Zijn huidige onderzoeksactiviteiten focussen op onderwijsbeleid, burgerschapseducatie, politieke socialisatie en Brusselse thema’s.
Article

Intersectionaliteit in de media: representatie van Nederlandse Kamerleden met een migratieachtergrond in dagbladen, 1986-2016

Journal Res Publica, Issue 4 2017
Keywords intersectionality, media, political representation, gender, ethnicity, categories
Authors Liza Mügge and Anne Louise Schotel
AbstractAuthor's information

    The media are key actors in political inclusion and exclusion. Existing research has shown that women and racial minorities receive less coverage and are portrayed more negatively than white males. Yet, less is known about differences in media coverage within and between groups. This study disentangles such variation with an intersectional lens. Drawing on newspaper analysis of all 55 politicians with a migration background who ever held a seat in Dutch parliament (1986-2016) we analyze the quantity and tone of media coverage and examine how they are identified. Our findings show that although women receive more coverage than men, this is no advantage. Women are framed more often and in more variety as ‘different’ compared to their male minority colleagues. The most visible politicians are particularly negatively described in terms of their different identities when they aim to achieve a higher position of power in the party.


Liza Mügge
Liza Mügge is universitair hoofddocent aan de afdeling politicologie en directeur van het Amsterdam Research Centre for Gender & Sexuality van de Universiteit van Amsterdam. Zij is medeoprichter en redacteur van het European Journal of Politics and Gender. Haar expertise en onderzoeksinteresses zijn politieke vertegenwoordiging, diversiteit en transnationalisme.

Anne Louise Schotel
Anne Louise Schotel behaalde haar masterdiploma in de sociale wetenschappen aan de Universiteit Utrecht en werkt nu aan haar PhD-voorstel bij het departement politicologie aan de Universiteit van Amsterdam.

Silvia Erzeel
Silvia Erzeel doceert politieke wetenschappen aan de Vrije Universiteit Brussel. Haar onderzoek en recente publicaties spitsen zich toe op gender en politieke vertegenwoordiging, rechts populisme, intersectionaliteit in politieke partijen, en economische ongelijkheid. Haar onderzoek is vaak vergelijkend, met een geografische focus op West-Europa.

Eline Severs
Eline Severs doceert politieke wetenschappen aan de Vrije Universiteit Brussel. Haar onderzoek concentreert zich voornamelijk op vraagstukken van democratische vertegenwoordiging, de betekenis van legitimiteit, en democratische inclusie. Recent redigeerde ze, samen met Suzanne Dovi (University of Arizona), een symposium over de ethiek van vertegenwoordigers in PS: Political Science and Politics (2018, forthcoming).
Case Reports

2017/30 Discrimination of workers’ representatives – burden of proof (LI)

Journal European Employment Law Cases, Issue 3 2017
Keywords Discrimination (other), Discrimination of workers’ representatives
Authors Vida Petrylaite
AbstractAuthor's information

    The Lithuanian Supreme Court has found discrimination against an employee based on his trade union activities and ruled that there was no need for the burden of proof to shift to the employer.


Vida Petrylaite
Vida Petrylaite is a partner with CONFIDENCE Law Office, Vilnus (www.confidence.lt).

    It was direct sex discrimination for a male employee who wished to take shared parental leave (SPL) to be entitled only to the minimum statutory pay where a female employee would have been entitled to full salary during an equivalent period of maternity leave, according to a first-instance decision from the Employment Tribunal (ET).


Anna Bond
Anna Bond is an Associate Solicitor at Lewis Silkin LLP.
Case Reports

2017/27 Supreme Court clarifies indirect discrimination test (UK)

Journal European Employment Law Cases, Issue 3 2017
Keywords General discrimination, Indirect discrimination
Authors Soyoung Lee
AbstractAuthor's information

    The Supreme Court has given a clear explanation of how the test for indirect discrimination works, holding that it is not necessary to know why a particular group is disadvantaged by an employer’s policy in order to show indirect discrimination. This decision is not particularly helpful for employers as it makes it easier for individuals to make an indirect discrimination claim. However, the Supreme Court emphasised that it is always open to an employer to show that indirect discrimination is justified.


Soyoung Lee
Soyoung Lee is an Associate Solicitor at Lewis Silkin LLP (www.lewissilkin.com).
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