Sinds de invoering van het Burgerlijk Wetboek in 1838 heeft men herhaaldelijk getracht de gronden voor echtscheiding te verruimen. Hoewel deze gronden uiteindelijk pas verruimd werden in 1971, werd de tot die tijd bestaande situatie, waarbij echtscheiding slechts op vier gronden mogelijk was en echtscheiding met wederzijds goedvinden verboden was, als onwenselijk beschouwd. Dit gevoelen werd nog sterker na het arrest van de Hoge Raad uit 1883, de zogenaamde 'Groote Leugen'. Teneinde een einde te maken aan deze 'Groote Leugen' en in een poging het Nederlandse echtscheidingsrecht meer in lijn te brengen met het Duitse recht, heeft de Nederlandse secretaris-generaal voor Justitie, J.J. Schrieke, tussen 1942 en 1944 twee wijzigingsvoorstellen voorgelegd aan de Duitse autoriteiten welke destijds Nederland bezet hielden. Dit artikel analyseert beide wijzigingsvoorstellen en probeert een antwoord te geven op de vraag in hoeverre deze voorstellen het resultaat waren van een mogelijke invloed van het Nationaal Socialisme. |
Search result: 235 articles
Year 2013 xArticle |
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Journal | Family & Law, December 2013 |
Authors | Dr. Mariken Lenaerts LL.M., Ph.D. |
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Article |
Experimenting with Conflicts ConstructivelyIn Search of Identity for the Field of Conflict Resolution |
Journal | International Journal of Conflict Engagement and Resolution, Issue 2 2013 |
Keywords | conflict resolution, identity, group identity, constructive engagement, narratives |
Authors | Michal Alberstein |
AbstractAuthor's information |
The field of conflict resolution has developed enough to become diverse and rich with perspectives, yet the common ground between those perspectives – a permanent core essence – has not yet been defined. The use of identity theory, specifically intergroup identity theory, may be the most effective method to understand the field’s foundations. In this article, six possible group identity claims – or grand narratives – are offered. Together, they may form a foundational code for the field, which may be examined and proved in context. Defining the profession of conflict resolution also requires engagement and dialogue with other related professions. In addition to mapping the six grand narratives, this article will suggest how these narratives can at times generate differences with other academic disciplines that deal with conflicts. |
Article |
PracademicsMaking Negotiation Theory Implemented, Interdisciplinary, and International |
Journal | International Journal of Conflict Engagement and Resolution, Issue 2 2013 |
Authors | Andrea Kupfer Schneider |
AbstractAuthor's information |
Negotiation can be thought of as the tool that facilitates conflict engagement and resolution. As part of, and yet different from, conflict theory, negotiation theory has had a separate parallel development in the last 30 years. The challenges for negotiation theory in the future are similar to those found in the broader conflict theory – ensuring that negotiation theory can be implemented by practitioners; making sure that negotiation theory draws upon a multitude of disciplines; and includes theories, experiences and culture from around the world. The development of negotiation theories in law schools – where communication to resolve disputes is part of the job description – highlights the importance of pracademics and demonstrates how we need effective theories to engage in conflict. |
Article |
Reflections on the Field of Conflict Resolution |
Journal | International Journal of Conflict Engagement and Resolution, Issue 2 2013 |
Keywords | peacebuilding field, culture and conflict resolution, power and conflict resolution, future trends in peacebuilding, critique of peacebuilding |
Authors | Mohammed Abu-Nimer |
AbstractAuthor's information |
Compared with other disciplines in the social sciences, conflict resolution is a relatively new, emerging professional and academic field. Many developments have shaped the current reality and boundaries of the field. This article is an attempt to provide a set of reflections on the major issues, challenges and possible future directions facing the field of conflict resolution. By narrating my own personal and professional journey, I hope to capture certain aspects and perspectives of this field. This is not a comprehensive review or ‘scientific’ charting of the field, nevertheless it attempts to shed light on areas and concepts that are otherwise taken for granted or neglected when the mapping of the field is done through more extensive empirical research. This mapping of conflict resolution after 30 years of practice, teaching and research first involves reflections on the conceptual or so-called theoretical groundings of the field. Second, it examines the various professional practices that have branched out through the last few decades. Third, it identifies some of the current limitations and challenges facing conflict resolution practitioners and scholars in their struggle to position the field in relation to current global realities. The final section discusses possible future directions to address existing gaps and refocus the research agenda of the field. |
Article |
Re-thinking PeacebuildingFrom Universal Models to Mundane Peace |
Journal | International Journal of Conflict Engagement and Resolution, Issue 2 2013 |
Keywords | peace and conflict research, culture, peacebuilding, democracy, truth speaking |
Authors | Tarja Väyrynen |
AbstractAuthor's information |
The article re-theorizes peacebuilding through the critique of the universalizing tendencies prominent in peace and conflict research. The critique is targeted both at the medical analogy and liberal peace theory which epitomize universalism in their own ways. By presenting a case study on a seemingly insignificant, minor and mundane event and person, a Finnish woman Kaisu, the article seeks to demonstrate the usefulness of cultural understanding of peacebuilding and the ethnographic fieldwork methods which open up interesting research questions for the research field. It is shown how peacebuilding is about politics that is ‘not yet’. During peacebuilding society needs to face its troubled past with its full complexity and create a space for constant struggle that does not seek consensus, but rather engages the society in agonistic politics and democracy. Ultimately, the article suggests that the agency of parrhestiastes, truth-speaker, opens up a necessary space for post-conflict peacebuilding as it reveals the fragmented nature of the national self. |
Miscellaneous |
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Journal | International Journal of Conflict Engagement and Resolution, Issue 2 2013 |
Abstract |
Bernie Mayer is a central figure in conflict engagement. He is a founding partner at one of the pioneering firms in the field, CDR Associates, which became internationally recognized for work in a wide array of conflicts – interpersonal, family, workplace, environmental, governmental and international. A leading practitioner and scholar in the field, Mayer is a prolific author, and teaches at the Werner Institute for Negotiation and Dispute Resolution at Creighton University and Kroc Institute of International Peace Studies at the University of Notre Dame. He has worked across the globe as a mediator, facilitator, teacher, trainer, dispute systems designer and programme administrator. |
Editorial |
Taking Stock of the Field: Past, Present and Future. Part II |
Journal | International Journal of Conflict Engagement and Resolution, Issue 2 2013 |
Authors | Michal Alberstein and Jay Rothman |
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Article |
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Journal | The Dovenschmidt Quarterly, Issue 4 2013 |
Authors | Martijn Scheltema |
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Article |
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Journal | The Dovenschmidt Quarterly, Issue 4 2013 |
Authors | John G. Ruggie |
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Article |
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Journal | The Dovenschmidt Quarterly, Issue 4 2013 |
Keywords | Corporate Social Responsibility, Responsible Business Conduct, Supply chain responsibility, Labor standards, Human rights |
Authors | Roel Nieuwenkamp |
AbstractAuthor's information |
OECD Guidelines for Multinational Enterprises are the most comprehensive international public standard on all areas of CSR with 46 adherent governments. The unique feature of the Guidelines is its grievance mechanism. The National Contact Points for the OECD Guidelines serve as a complaints and problem solving mechanism for trade unions and NGO’s related to for example human rights and labor standards. Since 2011 the Guidelines apply not only to investments but also to global supply chains. The concept of CSR Due Diligence in the supply chains is now a key pillar of CSR. |
Article |
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Journal | The Dovenschmidt Quarterly, Issue 4 2013 |
Keywords | Corporate Environmental Responsibility, Environmental Due Diligence, Environmental CSR, Business enterprises and the environment, Environmental complement to Ruggie Framework |
Authors | Katinka D. Jesse and Erik V. Koppe |
AbstractAuthor's information |
In 2011, following his 2005 initial mandate of the UN Commission on Human Rights and his extended 2008 mandate of the UN Human Rights Council, the Special Representative of the Secretary-General (SRSG) on the issues of human rights and transnational corporations and other business enterprises, Professor John Ruggie, issued the final text of the ‘Guiding Principles for the Implementation of the United Nations “Protect, Respect and Remedy Framework”‘. The 2008 Framework on Business and Human Rights and the complementing 2011 Guiding Principles consist of three pillars: the duty of states to protect human rights, the responsibility of business enterprises to respect human rights, and access to remedies for victims of human rights abuses. They currently qualify as the dominant paradigm in the corporate social responsibility (CSR) discourse, also because they now form part of various soft law and self-regulation initiatives. The Framework and Guiding Principles do not, however, specifically focus on environmental issues, but their systematic approach and structure do provide a model to address state duties and business responsibilities to care of the environment. This article is intended to complement the UN Framework and Guiding Principles on business and human rights with principles in the field of business and the environment. Hence, it is submitted that states have a customary duty to care for the environment; it is similarly submitted that business enterprises have a responsibility to care for the environment; and it is submitted that stakeholders must have access to remedies in relation to breaches of these duties and responsibilities. |
Editorial |
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Journal | The Dovenschmidt Quarterly, Issue 4 2013 |
Authors | Jan Eijsbouts |
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Article |
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Journal | The Dovenschmidt Quarterly, Issue 4 2013 |
Keywords | CSR, human rights, grievance mechanism, interest-based approach, rights-based approach |
Authors | Cristina Cedillo |
AbstractAuthor's information |
The Special Representative to the UN Secretary-General on human rights and transnational corporations and other business enterprises, John Ruggie, establishes access to remedy as one of the three pillars of the UN ‘Protect, Respect, Remedy’ Framework. In this Framework, Ruggie prescribes that company-based grievance mechanisms can be one effective means of enabling remediation to those potentially being impacted by business enterprises’ activities. This report proposes a model for company-based grievance mechanisms that follow a combination of interest-based and rights-compatible approaches to conflict resolution of all corporate social responsibility issues in company–stakeholder relationships. |
Article |
Sir William Dale Annual LectureThe Law Commission and the Implementation of Law Reform |
Journal | European Journal of Law Reform, Issue 4 2013 |
Authors | The Rt. Hon. Sir David Lloyd Jones |
Author's information |
Article |
Donors without BordersA Comparative Study of Tax Law Frameworks for Individual Cross-Border Philanthropy |
Journal | European Journal of Law Reform, Issue 4 2013 |
Keywords | comparative, philanthropy, tax, deduction, international |
Authors | Joseph E. Miller, Jr. |
AbstractAuthor's information |
Under current United States tax law, individual gifts to foreign charities generally are not deductible from federal income tax as charitable contributions. A comparative study of analogous tax laws in Switzerland and the United Kingdom demonstrates that the Swiss approach generally reflects the same prohibition against tax deductions for individual gifts to foreign charities, while British law permits such deductibility for gifts to qualified charities in other EU member states, Norway, and Iceland. |
Article |
Drafting of Legislation in Compliance with Model Laws |
Journal | European Journal of Law Reform, Issue 4 2013 |
Keywords | challenges, domestic legislation, model laws |
Authors | Lesedi Poloko |
AbstractAuthor's information |
Lawmaking is an essential attribute of a state. Laws differ from one country to another, and compliance with different legal rules may create problems. Uniformity of laws is an end in itself, and its value lies in its practical benefits. Interest in the quality of legislative instruments is a major concern, especially as regards the effectiveness of the national legislation. |
Article |
Linguistic Disharmony, National Language Authority and Legislative Drafting in Islamic Republic of Pakistan |
Journal | European Journal of Law Reform, Issue 4 2013 |
Keywords | National Language Authority, National Language of Pakistan, Legislation in Urdu, Plain Language Movement, Urdu Language |
Authors | Mazhar Ilahi |
AbstractAuthor's information |
It is quite interesting to note that first, the first language of most of the population of Pakistan remains different in different geographical regions. Secondly, Urdu, which is the second language of most of the population of Pakistan though declared to be the sole constitutional and official language, is not so accepted by all the communities resident in Pakistan. As a result, and thirdly, the laws of Pakistan are drafted in a non-native language, English, which is mostly the third language of a small fraction of the country’s population . This situation runs counter to the theme of the Plain Language Movement for writing of laws (PLM), which strives to make the laws understandable for its subjects. The problem, in reality, owes its genesis to different ethno-lingual and political issues. However, without going into much detail of these ethno-lingual and political elements, this article aims to analyse the question of the need for linguistic harmony, the main causes of lack of focus upon the same and the role of the National Language Authority (NLA) in the context. In addressing these issues the author concludes that lack of political will to handle the natural ensuing issues of the multilingual features of the Pakistani society and the (English) linguistic hegemony of the ruling elites (civil and military bureaucracy) are the two main causes of the failure of the NLA to administer Urdu as a sole national/official/legislative language of Pakistan. |
Article |
Drafting Conventions, Templates and Legislative Precedents, and their Effects on the Drafting Process and the Drafter |
Journal | European Journal of Law Reform, Issue 4 2013 |
Keywords | drafting conventions, templates, legislative precedents, drafter’s skill, necessary tools for effective communication of language of legislation |
Authors | Agnes Quartey Papafio |
AbstractAuthor's information |
The aim of this article is to explore whether drafting conventions, templates and legislative precedents contradict or complement the drafter’s style and if they complement the drafter’s style, the various ways in which the use of these tools achieves it. |
Article |
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Journal | Erasmus Law Review, Issue 3/4 2013 |
Keywords | legal pluralism, native title, reconciliation, indigenous people of Australia, Aboriginal art |
Authors | Dr. Agnes T.M. Dr. Schreiner |
AbstractAuthor's information |
The article How Law Manifests Itself in Australian Aboriginal Art will discuss two events at the Aboriginal Art Museum Utrecht from the perspective of a meeting between two artistic and legal cultures. The first event, on the art and law of the Spinifex people, will prove to be of a private law nature, whilst the second event, on the art and law of the Wik People, will show characteristics of international public law. This legal anthropological contribution may frustrate a pluralistic perspective with regard to the coexistence of Western law and Aboriginal law on the one hand and of Utrecht's Modern Art Museum and the presented Aboriginal Art on the other. It will show instead the self-evidence of art and law presented and their intertwined connection for the Aboriginal or indigenous peoples of Australia. |