Pub Date : 2019-12-17DOI: 10.7146/nnjlsr.v1i9.122154
Hanne Marie Motzfeldt
The digital transformation of the public sector in Denmark has been going on steadily for almost twenty years and has changed the Danish public authorities’ working processes, organization and interaction with citizens. In this article, it is briefly described how national administrative law developed as a response to comparable changes in the Danish public sector in the 1950s to the 1980s. It is assumed that this past development primarily was driven by the need to protect fundamental values embedded in the Danish legal culture. Further, it is examined whether there is any trace of a similar development related to the present digital transformation. Finally, as such a development in Danish case law can be observed, it is assessed whether a legislative reform within administrative law is likely to be initiated and adopted within the next decade.
{"title":"Towards a Legislative Reform in Denmark?","authors":"Hanne Marie Motzfeldt","doi":"10.7146/nnjlsr.v1i9.122154","DOIUrl":"https://doi.org/10.7146/nnjlsr.v1i9.122154","url":null,"abstract":"The digital transformation of the public sector in Denmark has been going on steadily for almost twenty years and has changed the Danish public authorities’ working processes, organization and interaction with citizens. In this article, it is briefly described how national administrative law developed as a response to comparable changes in the Danish public sector in the 1950s to the 1980s. It is assumed that this past development primarily was driven by the need to protect fundamental values embedded in the Danish legal culture. Further, it is examined whether there is any trace of a similar development related to the present digital transformation. Finally, as such a development in Danish case law can be observed, it is assessed whether a legislative reform within administrative law is likely to be initiated and adopted within the next decade.","PeriodicalId":130064,"journal":{"name":"NAVEIÑ REET: Nordic Journal of Law and Social Research","volume":"95 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133723538","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-12-17DOI: 10.7146/nnjlsr.v1i9.122155
Denis de Castro Halis
The concept and the dynamics of dissent (e.g. how manifestations of dissent are formed, channeled, promoted or stifled) are not sufficiently studied despite their tremendous importance in times of digitalization of social life. This article discusses the impact that digitalization, in general and in specific settings, is having on various forms of dissent. It is built from a theoretical and empirical socio-legal investigation about dissent, its manifestations, and reactions to it. It reflects the author’s effort to categorize dissent, address its importance, and formulate a comprehensive concept that remains missing in the literature. The article shall illustrate the argument that the impact of digitalization on dissent is mediated by legal culture and the wider societal context. It discusses examples of new digital technologies and their relations with the idea of dissent in different legal cultures. The focus is on greater China (the mainland, Macau and Hong Kong) and Brazil.
{"title":"Digitalization and Dissent in Legal Cultures. Chinese and Other Perspectives","authors":"Denis de Castro Halis","doi":"10.7146/nnjlsr.v1i9.122155","DOIUrl":"https://doi.org/10.7146/nnjlsr.v1i9.122155","url":null,"abstract":"The concept and the dynamics of dissent (e.g. how manifestations of dissent are formed, channeled, promoted or stifled) are not sufficiently studied despite their tremendous importance in times of digitalization of social life. This article discusses the impact that digitalization, in general and in specific settings, is having on various forms of dissent. It is built from a theoretical and empirical socio-legal investigation about dissent, its manifestations, and reactions to it. It reflects the author’s effort to categorize dissent, address its importance, and formulate a comprehensive concept that remains missing in the literature. The article shall illustrate the argument that the impact of digitalization on dissent is mediated by legal culture and the wider societal context. It discusses examples of new digital technologies and their relations with the idea of dissent in different legal cultures. The focus is on greater China (the mainland, Macau and Hong Kong) and Brazil.","PeriodicalId":130064,"journal":{"name":"NAVEIÑ REET: Nordic Journal of Law and Social Research","volume":"307 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133415922","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-12-17DOI: 10.7146/nnjlsr.v1i9.122153
HE Jiahong
The democratic system based on political consultation and the people’s congress in PRC belongs to the category of indirect democracy, in which the key is to guarantee those in power represent the public’s interests. The Cultural Revolution was an attempt for this purpose and gave Chinese people a chance to experience some practices of mass democracy, including the democratic supervision in the form of mass criticism, the democratic governance in the form of rebellion and usurping, and the democratic participation in the form of Trinity. However, the Culture Revolution became a national disaster. With lessons learned, the Chinese leadership recognized the importance of the rule of law.
{"title":"Experiments for Democracy during the Culture Revolution in China","authors":"HE Jiahong","doi":"10.7146/nnjlsr.v1i9.122153","DOIUrl":"https://doi.org/10.7146/nnjlsr.v1i9.122153","url":null,"abstract":"The democratic system based on political consultation and the people’s congress in PRC belongs to the category of indirect democracy, in which the key is to guarantee those in power represent the public’s interests. The Cultural Revolution was an attempt for this purpose and gave Chinese people a chance to experience some practices of mass democracy, including the democratic supervision in the form of mass criticism, the democratic governance in the form of rebellion and usurping, and the democratic participation in the form of Trinity. However, the Culture Revolution became a national disaster. With lessons learned, the Chinese leadership recognized the importance of the rule of law.","PeriodicalId":130064,"journal":{"name":"NAVEIÑ REET: Nordic Journal of Law and Social Research","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125063905","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-12-17DOI: 10.7146/nnjlsr.v1i9.122158
Huang-Chih Sung
The sound development of the market in the data-driven economy depends on the free and fair competition of big data in the industries. Since 2015, more and more unfair competition cases concerning big data have occurred in China, such as masking advertisement, click fraud, malicious incompatibility, and gathering user’s personal data from competitors by unfair means, which can be categorized to unfair competition about illegal collection/use of competitors’ big data and about network traffic. Whether China’s current legal system of anti-unfair competition can resolve the above-mentioned disputes is concerned in this article. As the Paris Convention only regulates the basic principles of “fairness” and “honest practice” for anti-unfair competition, member states have room to develop their own legal systems according to their special economic, social and cultural conditions. In order to usher in the era of digital economy and big data and to regulate more and more unfair competition events, China amended the Anti-Unfair Competitive Law in 2017 in which a new provision for regulating the operation of e-commerce was added. This article finds that the 2017 Amendment, which is far more specific and clearer than the Paris Convention, has significantly improved China’s ability to deal with unfair competition behaviors regarding big data. However, since the patterns of unfair competition in big data are changing and “innovating” quickly and constantly, law amendments will hardly or even never catch up with the changes, so judgement of unfair competition is inherently difficult. The court cannot determine that a company constitutes unfair competition simply because its business operations have substantially reduced the performance or operating effectiveness of its competitors. When judging whether an enterprise’s competitive behavior constitutes unfair competition, no matter the court is applying one of the specific provisions or the general provision, it is essential to consider whether the enterprise has malicious and dishonest practices.
{"title":"Unfair Competition Issues of Big Data in China","authors":"Huang-Chih Sung","doi":"10.7146/nnjlsr.v1i9.122158","DOIUrl":"https://doi.org/10.7146/nnjlsr.v1i9.122158","url":null,"abstract":"The sound development of the market in the data-driven economy depends on the free and fair competition of big data in the industries. Since 2015, more and more unfair competition cases concerning big data have occurred in China, such as masking advertisement, click fraud, malicious incompatibility, and gathering user’s personal data from competitors by unfair means, which can be categorized to unfair competition about illegal collection/use of competitors’ big data and about network traffic. Whether China’s current legal system of anti-unfair competition can resolve the above-mentioned disputes is concerned in this article. As the Paris Convention only regulates the basic principles of “fairness” and “honest practice” for anti-unfair competition, member states have room to develop their own legal systems according to their special economic, social and cultural conditions. In order to usher in the era of digital economy and big data and to regulate more and more unfair competition events, China amended the Anti-Unfair Competitive Law in 2017 in which a new provision for regulating the operation of e-commerce was added. This article finds that the 2017 Amendment, which is far more specific and clearer than the Paris Convention, has significantly improved China’s ability to deal with unfair competition behaviors regarding big data. However, since the patterns of unfair competition in big data are changing and “innovating” quickly and constantly, law amendments will hardly or even never catch up with the changes, so judgement of unfair competition is inherently difficult. The court cannot determine that a company constitutes unfair competition simply because its business operations have substantially reduced the performance or operating effectiveness of its competitors. When judging whether an enterprise’s competitive behavior constitutes unfair competition, no matter the court is applying one of the specific provisions or the general provision, it is essential to consider whether the enterprise has malicious and dishonest practices.","PeriodicalId":130064,"journal":{"name":"NAVEIÑ REET: Nordic Journal of Law and Social Research","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125604171","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-12-17DOI: 10.7146/nnjlsr.v1i9.122156
Antoni Abat i Ninet
This paper analyses from a legal and philosophical perspective the appearance of a new human species, the so-called Homo Digitalis, a Homo Sapiens permanently interconnected with others throughout I.T devices. Twenty-four hours a day. Three hundred and sixty-five days a year, living in a world of ones and zeros. We all are inexorably the new-born Homo Digitalis, or as some authors define it, post-humans, and there is no possible opposition to this Darwinist evolution, or between the Homo digitalis and other citizens. The first section deals with the relationship between technique (τεχνη), technology and humanity, a relation that is ancient as philosophy. The starting point is the pre-Socratic philosophers, Plato and Aristotle, and it ends by analysing the relation of the three concepts in modernity and post-modernity (Weber, Heidegger and Marcuse). The second section deals with the definition of the Homo Digitalis from an evolution of Sartori´s Homo Videns. The paper ends by exposing the latest judicial decisions, domestic and international legislation to protecting citizens (as new-born Homo Digitalis) from wrongful use of technology.
{"title":"Protecting the “Homo Digitalis”","authors":"Antoni Abat i Ninet","doi":"10.7146/nnjlsr.v1i9.122156","DOIUrl":"https://doi.org/10.7146/nnjlsr.v1i9.122156","url":null,"abstract":"This paper analyses from a legal and philosophical perspective the appearance of a new human species, the so-called Homo Digitalis, a Homo Sapiens permanently interconnected with others throughout I.T devices. Twenty-four hours a day. Three hundred and sixty-five days a year, living in a world of ones and zeros. We all are inexorably the new-born Homo Digitalis, or as some authors define it, post-humans, and there is no possible opposition to this Darwinist evolution, or between the Homo digitalis and other citizens. The first section deals with the relationship between technique (τεχνη), technology and humanity, a relation that is ancient as philosophy. The starting point is the pre-Socratic philosophers, Plato and Aristotle, and it ends by analysing the relation of the three concepts in modernity and post-modernity (Weber, Heidegger and Marcuse). The second section deals with the definition of the Homo Digitalis from an evolution of Sartori´s Homo Videns. The paper ends by exposing the latest judicial decisions, domestic and international legislation to protecting citizens (as new-born Homo Digitalis) from wrongful use of technology.","PeriodicalId":130064,"journal":{"name":"NAVEIÑ REET: Nordic Journal of Law and Social Research","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129861727","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-11-22DOI: 10.7146/nnjlsr.v0i7.111011
Jingjing Su
{"title":"A Chinese Perspective on the Approach of Mining in Greenland","authors":"Jingjing Su","doi":"10.7146/nnjlsr.v0i7.111011","DOIUrl":"https://doi.org/10.7146/nnjlsr.v0i7.111011","url":null,"abstract":"","PeriodicalId":130064,"journal":{"name":"NAVEIÑ REET: Nordic Journal of Law and Social Research","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125441581","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-11-22DOI: 10.7146/nnjlsr.v0i7.111016
L. Chunrong
No abstract
没有抽象的
{"title":"Community Governance and Social Capital Accumulation in Shanghai","authors":"L. Chunrong","doi":"10.7146/nnjlsr.v0i7.111016","DOIUrl":"https://doi.org/10.7146/nnjlsr.v0i7.111016","url":null,"abstract":"No abstract","PeriodicalId":130064,"journal":{"name":"NAVEIÑ REET: Nordic Journal of Law and Social Research","volume":"27 2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123566985","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-11-02DOI: 10.7146/nnjlsr.v0i7.111013
K. Buhmann
Drawing on China’s international and national Corporate Social Responsibility (CSR) engagement in the field of labour rights, this article discusses prospects for implementation and integration of international law standards through relatively non-politicized market oriented contexts. Contrary to the conventional approach in the West, China has explicitly engaged with CSR through hard law as well as guidance of a mixed regulatory character. In several cases this involves direct reference to international law standards among which some are in line with China’s stance in international debates while others less so. Chinese labour law is comprehensive, but implementation lacks behind due to lack of knowledge and weak institutions. In this context, CSR is deployed as a modality to help transform legal requirements into practice in business operations. The article argues that what may look like skirting the law may in fact promote strengthened implementation that supports social transformation and integration of international norms.
{"title":"Social Transformation and Normative Change Through CSR Standards? China’s Engagement with International Labour Law in Domestic Guidance for the Textile Sector","authors":"K. Buhmann","doi":"10.7146/nnjlsr.v0i7.111013","DOIUrl":"https://doi.org/10.7146/nnjlsr.v0i7.111013","url":null,"abstract":"Drawing on China’s international and national Corporate Social Responsibility (CSR) engagement in the field of labour rights, this article discusses prospects for implementation and integration of international law standards through relatively non-politicized market oriented contexts. Contrary to the conventional approach in the West, China has explicitly engaged with CSR through hard law as well as guidance of a mixed regulatory character. In several cases this involves direct reference to international law standards among which some are in line with China’s stance in international debates while others less so. Chinese labour law is comprehensive, but implementation lacks behind due to lack of knowledge and weak institutions. In this context, CSR is deployed as a modality to help transform legal requirements into practice in business operations. The article argues that what may look like skirting the law may in fact promote strengthened implementation that supports social transformation and integration of international norms.","PeriodicalId":130064,"journal":{"name":"NAVEIÑ REET: Nordic Journal of Law and Social Research","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122384630","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-11-02DOI: 10.7146/nnjlsr.v0i7.111015
H. Petersen
No abstract
没有抽象的
{"title":"Chinese Contributions to Global Normative Pluralism?","authors":"H. Petersen","doi":"10.7146/nnjlsr.v0i7.111015","DOIUrl":"https://doi.org/10.7146/nnjlsr.v0i7.111015","url":null,"abstract":"No abstract","PeriodicalId":130064,"journal":{"name":"NAVEIÑ REET: Nordic Journal of Law and Social Research","volume":"36 6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133290523","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-11-02DOI: 10.7146/nnjlsr.v0i7.111014
Ya-wen Xu, Qian Cheng
After the cold war, the trends of legal globalization became more and more obvious. People’s Republic of China (PRC) began its connection with the international community and the global market, and its legal reform after the launch of the “reform and opening-up” policy. By examining China’s labor law reform, we can see how legal globalization has influenced China’s legal system. China introduced and transplanted many institutions, terms of ILO conventions during its labor law reform. It also accepted many principles and conceptions of ILO conventions in its labor law and constitutional law, which would shape China’s labor law reform. Multinational corporations (MNC) and transnational civil society organizations (TCSO) influenced Chinese labor law reform through lobbying, advocacy, public education, and litigations. Informal norms such as Corporate Social Responsibility standards developed by MNCs and TSCOs also inspired Chinese legislators to improve China’s labor law and Chinese SCOs or business associations to develop labor standards to fill the gaps in China’s labor law and regulations. In conclusion, in the age of legal globalization, the labor law reform in China is a kind of legal transplantation. International norms, actions by multinational corporations and transnational civil society, and their informal norms together constitute the force which promotes the transplantation and the reform of China’s legal system. Key Words: legal globalization, global governance, labor law, law reform
{"title":"Viewing the Labor Law Reform in China From a Perspective of Legal Globalization","authors":"Ya-wen Xu, Qian Cheng","doi":"10.7146/nnjlsr.v0i7.111014","DOIUrl":"https://doi.org/10.7146/nnjlsr.v0i7.111014","url":null,"abstract":"After the cold war, the trends of legal globalization became more and more obvious. People’s Republic of China (PRC) began its connection with the international community and the global market, and its legal reform after the launch of the “reform and opening-up” policy. By examining China’s labor law reform, we can see how legal globalization has influenced China’s legal system. China introduced and transplanted many institutions, terms of ILO conventions during its labor law reform. It also accepted many principles and conceptions of ILO conventions in its labor law and constitutional law, which would shape China’s labor law reform. Multinational corporations (MNC) and transnational civil society organizations (TCSO) influenced Chinese labor law reform through lobbying, advocacy, public education, and litigations. Informal norms such as Corporate Social Responsibility standards developed by MNCs and TSCOs also inspired Chinese legislators to improve China’s labor law and Chinese SCOs or business associations to develop labor standards to fill the gaps in China’s labor law and regulations. In conclusion, in the age of legal globalization, the labor law reform in China is a kind of legal transplantation. International norms, actions by multinational corporations and transnational civil society, and their informal norms together constitute the force which promotes the transplantation and the reform of China’s legal system. \u0000 Key Words: legal globalization, global governance, labor law, law reform","PeriodicalId":130064,"journal":{"name":"NAVEIÑ REET: Nordic Journal of Law and Social Research","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131765052","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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