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Securitizing Notes of Small Businesses and Needy Workers 小企业和贫困工人的证券化票据
IF 0.3 Q4 Social Sciences Pub Date : 2021-11-10 DOI: 10.6092/ISSN.2531-6133/13812
Tamar Frankel
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引用次数: 0
The Price of Transitional Justice: A Cost‐Benefit Analysis of its Mechanisms in Post‐Revolution Phase 转型正义的代价:后革命时期转型正义机制的成本-收益分析
IF 0.3 Q4 Social Sciences Pub Date : 2021-10-06 DOI: 10.6092/ISSN.2531-6133/13622
E. Rashwan
Transitional Justice [hereinafter T.J.] in the post-revolution phase refers to the policies that aim to deal with the autocratic past-regime violations against its people to achieve accountability and democracy and promote human rights and the rule of law. To achieve these goals, the United Nations, within its Rule of Law Initiative, issued in 2010, a set of five mechanisms that work as guidelines for nations recovering from conflicts. I argue that whatever the mechanism or combination selected by a society transforming from an autocracy into democracy is, the nature of these mechanisms requires a trade-off between multiple considerations. To explain this inevitable trade-off, I go through each mechanism in detail, analyze it from both legal and economic perspectives, and then provide a basic cost-benefit analysis. I suggest that transitional justice as a constitutional arrangement requires a holistic approach in its adoption and application because this initial cost-benefit analysis cannot be standardized for all cases. I also suggest that transitional justice policies that take into account proportionality, a combination of different mechanisms, customization of the mechanisms upon the relevant case, and adopting these policies in the formality of basic or organic laws may be expected to have the most effective outcomes achieving the goals of T.J. with the least legal complications.
革命后阶段的过渡司法(Transitional Justice,以下简称T.J.)是指旨在处理过去独裁政权对其人民的侵犯行为,以实现问责制和民主,促进人权和法治的政策。为了实现这些目标,联合国在2010年发布的《法治倡议》(Rule of Law Initiative)中提出了一套五项机制,作为冲突后恢复国家的指导方针。我认为,无论一个社会从专制向民主转变所选择的机制或组合是什么,这些机制的本质都需要在多种考虑之间进行权衡。为了解释这种不可避免的权衡,我详细介绍了每种机制,从法律和经济角度对其进行了分析,然后进行了基本的成本效益分析。我建议,过渡时期司法作为一项宪法安排,在其采用和应用方面需要采取全面的办法,因为这种最初的成本效益分析不可能对所有情况进行标准化。我还建议,考虑到比例性、不同机制的组合、根据相关案件定制机制以及在基本或组织法的形式中采用这些政策的过渡司法政策,可能会以最少的法律复杂性产生最有效的结果,以实现司法目标。
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引用次数: 1
Is a Requirement to Wear a Mask Economically Valid During COVID-19? 新冠肺炎期间戴口罩的要求在经济上有效吗?
IF 0.3 Q4 Social Sciences Pub Date : 2021-08-04 DOI: 10.6092/ISSN.2531-6133/13410
Steve G. Parsons
Two of the most important categories of government intervention in response to COVID-19 are business closures and mask mandates. The scientific literature supports the efficacy of mask-wearing to reduce the transmission of respiratory viruses (including COVID-19). However, the efficacy is greater in stopping outbound transmission (meaning that my mask protects you) than inbound transmission (meaning that my mask protects me). Evidence suggests that the full benefits to society of wearing masks are far greater than the full costs to society of wearing masks. The author argues that mask-wearing is far more cost effective than business closures in controlling the spread of COVID-19. Moreover, the author argues that highly infectious diseases have an externality dimension. The person infected with COVID-19 makes a decision regarding whether to wear a mask based on their own perceived costs and benefits of mask-wearing, but that decision has consequences for those they come in contact with: the infected person’s decision not to wear a mask imposes costs on others that are external to the infected person’s decision process not to do so. The author further argues that some possible methods by which to deal with such an external cost (individual negotiations, a tax on spreading COVID-19, or as subsidy for wearing masks) are impractical. This makes a mask-wearing government mandate economically valid.
为应对新冠肺炎,政府干预的两个最重要类别是企业关闭和口罩强制令。科学文献支持戴口罩减少呼吸道病毒(包括新冠肺炎)传播的功效。然而,在阻止向外传播方面(意味着我的口罩保护你)的效果比阻止向内传播(意味着口罩保护我)的效果更大。有证据表明,戴口罩给社会带来的全部好处远远大于戴口罩对社会造成的全部成本。作者认为,在控制新冠肺炎传播方面,戴口罩比关闭企业更具成本效益。此外,作者认为高度传染性疾病具有外部性维度。新冠肺炎感染者根据自己认为的戴口罩的成本和收益来决定是否戴口罩,但这一决定对他们接触的人有影响:感染者不戴口罩的决定会给感染者不佩戴口罩的决定过程之外的其他人带来成本。作者进一步认为,处理这种外部成本的一些可能方法(个人谈判、对新冠肺炎传播征税或作为戴口罩补贴)是不切实际的。这使得政府强制要求戴口罩在经济上是有效的。
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引用次数: 0
Constituting Over Constitutions 构成超越宪法
IF 0.3 Q4 Social Sciences Pub Date : 2021-07-19 DOI: 10.6092/ISSN.2531-6133/13299
Carter Dillard
In philosophy, legal theory and law, the Grundnorm, or basic norm, is often assumed to be the constitution, or that which overrides other norms. That is incorrect. This paper argues that the grundnorm should be the norm which regulates human procreation. This norm must proceed from the theoretical absence of human power, or a zero baseline. This essay attempts to correct the grundnorm fallacy with what will be called the Zero-Baseline Model. The correction reorients our human rights regimes and family planning systems, in ways that lead to an inevitable list of specific policy reforms that largely invert current family planning models and policies in use at the United Nations, European Union, the United States, and elsewhere. Those reforms can all be described in a simple narrative of reorienting family planning laws and policies from what would-be parents desire, subjectively, towards what all future children need, objectively. And as the evidence shows, those reforms prove highly effective and much more efficient in promoting child welfare, reducing economic and other inequalities, mitigating the climate and other ecological crises, protecting non-humans, and building democracy, than their alternatives.
在哲学、法律理论和法律中,基本规范或基本规范通常被认为是宪法,或凌驾于其他规范之上的规范。这是不正确的。本文认为,基本规范应该是规范人类生殖的规范。这一规范必须从理论上缺乏人力或零基线出发。本文试图用所谓的零基线模型来纠正基本规范谬误。这一修正调整了我们的人权制度和计划生育制度的方向,从而不可避免地导致一系列具体的政策改革,这些改革在很大程度上颠覆了目前在联合国、欧盟、美国和其他地方使用的计划生育模式和政策。所有这些改革都可以用一个简单的叙述来描述,即重新调整计划生育法律和政策的方向,从主观上满足准父母的愿望转向客观上满足所有未来儿童的需要。证据表明,这些改革被证明是非常有效的,在促进儿童福利、减少经济和其他不平等、缓解气候和其他生态危机、保护非人类和建立民主方面,比其他替代方案更有效。
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引用次数: 0
Challenging the Undesired Outcome of FIOST Clauses on Cargo Interests 质疑FIOST货物权益条款的预期结果
IF 0.3 Q4 Social Sciences Pub Date : 2021-05-11 DOI: 10.6092/ISSN.2531-6133/12881
Ahmet Gelgeç
Loss of, or damage to goods is a frequent occurrence in the shipping industry, which may often occur as a result of improper cargo-handling operations during loading, discharging or even stowing. This highly concerns cargo interests, as they will seek to reimburse their loss from their carriers under bills of lading. Often, the bill of lading may well contain terms of a charterparty by way of incorporation that allow the carrier to contract out their cargo-related operations. Once this is the case, the cargo interest is unjustly left without a remedy for loss of, or damage to his goods vis-a-vis the carrier under English law. This paper, instead of challenging the correctness of the law firmly established concerning the transfer of these obligations via Free In and Out Stowed and Trimmed (FIOST) clauses, rather, aims to propose ideas to tackle the impact arising out of the status quo under English law. Finally, it offers some plausible suggestions for cargo interests to surmount this undesired outcome.
货物的灭失或损坏是航运业中经常发生的事情,这往往是由于装货、卸货甚至积载过程中货物装卸操作不当造成的。这高度关系到货物的利益,因为他们会根据提单要求承运人赔偿损失。通常,提单可以很好地包含租船合同的条款,通过合并的方式,允许承运人将其与货物有关的业务承包出去。一旦发生这种情况,根据英国法律,货物权益人对其货物的灭失或损坏得不到救济,这是不公正的。本文不是对通过自由进出装载和调整(FIOST)条款转让这些义务的法律的正确性提出质疑,而是旨在提出一些想法,以解决英国法律现状所产生的影响。最后,它为货物利益提供了一些合理的建议,以克服这种不希望出现的结果。
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引用次数: 0
What Is Next for Digital Trade in a Post‐Brexit Britain? – Examining the Regulation of Data Flows Under G.A.T.S. & Possible Implications of G.D.P.R. on Britain as a Third Country 脱欧后英国数字贸易的下一步是什么研究G.A.T.S.下的数据流监管&G.D.P.R对英国作为第三国的可能影响
IF 0.3 Q4 Social Sciences Pub Date : 2021-05-05 DOI: 10.6092/ISSN.2531-6133/12880
A. Rana, Rishabha Meena
Data, much like other currencies, flows cross-border -from one jurisdiction to the other. However, it is hard to regulate the privacy aspects surrounding such free-flowing data by rules strictly based on jurisdiction. This article thereby begins by discussing the importance of data protection regulations like the General Data Protection Regulation (G.D.P.R.), followed by a brief analysis of the General Agreement on Trade in Services’ pivotal role in regulating data flows and digital trade, and how it can be further used in checking the World Trade Organisation consistency of various data protection requirements resorted by the European Union (E.U.) so far under the G.D.P.R.. Lastly, the note examines how, post the Brexit transition period, the situation will change for the United Kingdom (U.K.) as it has become a third country for the E.U. data protection regime, with the authors critiquing the various models, including the recent Draft U.K.-E.U. Comprehensive Free Trade Agreement, that may help the U.K. in attaining an “adequacy” status, which is requisite for the continuation of an unconstrained digital trade with the E.U. .
数据和其他货币一样,是跨境流动的——从一个司法管辖区流向另一个。然而,很难通过严格基于管辖权的规则来规范围绕这种自由流动数据的隐私方面。因此,本文首先讨论了《通用数据保护条例》等数据保护法规的重要性,然后简要分析了《服务贸易总协定》在规范数据流和数字贸易方面的关键作用,以及如何进一步使用它来检查世界贸易组织对欧盟(EU)迄今为止在GDP下采用的各种数据保护要求的一致性。最后,本说明探讨了英国脱欧过渡期后,随着英国成为欧盟数据保护制度的第三国,英国(英国)的情况将如何改变,作者批评了各种模式,包括最近的《英国-欧盟全面自由贸易协定草案》,这可能有助于英国获得“充分”地位,这是继续与欧盟进行不受约束的数字贸易所必需的。
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引用次数: 0
What COVID-19 does to our Universities COVID-19对我们的大学造成了什么影响
IF 0.3 Q4 Social Sciences Pub Date : 2021-03-27 DOI: 10.6092/ISSN.2531-6133/12618
Matthias Klatt
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引用次数: 0
Video Surveillance of the Employees Between the Right to Privacy and Right to Property After López Ribalda and Others v. Spain López Ribalda等人诉西班牙案后隐私权和财产权之间员工的视频监控
IF 0.3 Q4 Social Sciences Pub Date : 2020-11-05 DOI: 10.6092/ISSN.2531-6133/10514
Veljko Turanjanin
The tension between safety and privacy has become an important issue in the modern world. Video surveillance systems are indeed powerful tools for fighting crime on the one hand, and for the protection of property from theft on the other. The European Court of Human Rights (ECtHR) has examined the issue of video surveillance in many of its decisions. In this work, the author analyses the issue of video surveillance over employees and its influence on fundamental human rights and freedoms. He elaborates upon the ECtHR’s case of Lopez Ribalda and Others v. Spain in order to identify the balance between the right to privacy and the right to property. This is a case from the civil law, but with elements that could may be used in the criminal proceedings. Furthermore, it is important to determine when exactly the video footage of employees may be used as evidence in criminal proceedings. After the introductory remarks, the author briefly deals with the facts of the above case and explains the basic applicable international legal acts. He then observes the issue of video surveillance from two points of view – those of Article 8 and Article 6 of the European Convention on Human Rights and Fundamental Freedoms (ECHR). Finally, he concludes that the ECHR took the right direction in establishing the balance between the protection of property and the right to privacy.
安全和隐私之间的紧张关系已经成为现代世界的一个重要问题。视频监控系统一方面确实是打击犯罪的有力工具,另一方面也是保护财产免遭盗窃的有力工具。欧洲人权法院(ECtHR)在其许多裁决中审查了视频监控问题。在这部作品中,作者分析了对员工的视频监控问题及其对基本人权和自由的影响。他详细阐述了欧洲人权法院Lopez Ribalda及其他人诉西班牙一案,以确定隐私权和财产权之间的平衡。这是一个来自民法的案例,但有可能在刑事诉讼中使用的元素。此外,重要的是要确定雇员的录像究竟何时可以用作刑事诉讼中的证据。在导言之后,笔者对上述案件的事实进行了简要的论述,并解释了基本适用的国际法行为。然后,他从《欧洲人权和基本自由公约》(ECHR)第8条和第6条两个角度来观察视频监控问题。最后,他得出结论,ECHR在建立财产保护和隐私权之间的平衡方面采取了正确的方向。
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引用次数: 3
The Eras of Extraterritoriality in the United States 美国的治外法权时代
IF 0.3 Q4 Social Sciences Pub Date : 2020-09-21 DOI: 10.6092/ISSN.2531-6133/11542
Alina Veneziano
This article uses the research from Kal Raustiala’s book, Does the Constitution Follow the Flag? : The Evolution of Territoriality in American Law, and the research from several of my articles on extraterritorial applications to explain how the United States has used the regulatory tool, extraterritoriality, since the time of the American Founding and how such use has differed as the United States gained power. The manner by which the United States has relied on extraterritoriality has differed depending on a particular era of history. For instance, this article articulates five eras that have characterized the U.S. decision-making process for extraterritoriality: cautionary, progressive, indiscriminate, withdrawal, and arbitrary. The United States within each era has embraced certain customary principles more than others such as sovereignty, territorialism, international comity, and global constitutionalism. Its reliance on these principles is volatile and changes in each era. What is remarkable is the extent to which the United States has and has not considered international issues as a part of its practice of utilizing extraterritoriality. As a young nation, the United States greatly clung to notions of sovereignty and territorialism and eschewed extraterritoriality because it was not strong enough to exert such power nor could it handle an invasion from another foreign power. Sovereignty and territorialism gave the United States the peace of mind and security against an uprising. International considerations were prominent and commonplace in the early eras. But as the nation grew in strength throughout each successive era, it no longer needed the bedrock of sovereignty and territorialism to safeguard it from other foreign powers. The United States instead sought to inject its laws extraterritorially and engage in global policing. Its rise in economic and political power gave it the strength to do so. Extraterritorial regulation was on the rise. However, the more its use of extraterritoriality rose, the more domestic struggles the United States encountered, which led to arbitrary judicial decisions and policy-making. Further, during the later eras, the United States relied less and less on international considerations and engaged in withdrawal tactics, causing some to view its behavior as hegemonic. There is a great imperative of examining history with the law. How U.S. history and politics can inform the future of the law is critical. The findings laid out within this article will serve a starting point for future research regarding potential future eras.
本文引用了卡尔·劳斯蒂亚拉的著作《宪法跟随国旗吗?》:美国法律中领土的演变,以及我对治外法权应用的几篇文章的研究,以解释美国自建国以来如何使用治外法权这一监管工具,以及随着美国获得权力,这种使用有何不同。美国依靠治外法权的方式因特定的历史时代而异。例如,本文阐述了美国治外法权决策过程的五个时代特征:谨慎、渐进、不加区分、撤回和任意。在每个时代,美国都比其他国家更信奉某些习惯原则,如主权、领土主义、国际团结和全球宪政。它对这些原则的依赖是不稳定的,在每个时代都在变化。值得注意的是,美国在多大程度上把国际问题视为其利用治外法权的做法的一部分。作为一个年轻的国家,美国非常坚持主权和领土主义的观念,回避治外法权,因为它没有足够的力量来行使这种权力,也没有能力处理来自另一个外国列强的入侵。主权和领土主义使美国在面对起义时心安理得。在早期,国际考虑是突出和普遍的。但随着这个国家在每个时代的实力不断增强,它不再需要主权和领土主义的基石来保护自己免受其他外国势力的侵害。相反,美国试图将其法律注入域外,并参与全球警务。其经济和政治实力的崛起使其有能力这样做。治外法权正在增加。然而,美国使用治外法权的次数越多,它遇到的国内斗争就越多,这导致了武断的司法决定和政策制定。此外,在后来的时代,美国越来越少地依赖国际考虑,采取撤退策略,导致一些人认为其行为是霸权主义。用法律来研究历史是非常必要的。美国的历史和政治如何影响法律的未来是至关重要的。本文中列出的研究结果将为未来潜在时代的未来研究提供一个起点。
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引用次数: 0
Bowing to Authority: the COVID-19 Experience 向权威低头:COVID-19经验
IF 0.3 Q4 Social Sciences Pub Date : 2020-09-19 DOI: 10.6092/ISSN.2531-6133/11543
P. Westerman
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引用次数: 0
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University of Bologna Law Review
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