Pub Date : 2019-12-02DOI: 10.1163/22134514-00604005
{"title":"Contents","authors":"","doi":"10.1163/22134514-00604005","DOIUrl":"https://doi.org/10.1163/22134514-00604005","url":null,"abstract":"","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2019-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48311805","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 : 2019-12-02DOI: 10.1163/22134514-00604003
A. Mccann
On the 10th October 2019, Ed Sheeran and Prince Harry made headlines for pledging their support to ‘World Mental Health Day’1 – an international day dedicated to mental health education, awareness and advocacy against stigma. Leaving aside one’s views on the monarchy and popular musicians, the message they were delivering is a serious and urgent one. Moreover, it is a message human rights lawyers and EU policy makers need to deliver too. There are, arguably, three core reasons for this. The first is high prevalence and cost. According to the World Health Organisation (who), mental health problems affect one in four citizens at least once during their lifetime and can affect more than 10% of the EU population (i.e. 50 million people) during any given year.2 According to Eurostat, suicide remains a significant cause of premature death in Europe, with over 50,000 deaths a year in the EU.3 Aside from human suffering, mental health problems cost €260 billion a year due to lower employment and productivity rates across the 28 EU member states.4 The second is low investment. Despite the human and economic costs, public spending via health budgets on mental health are negligible in comparison
{"title":"A Human Rights Emergency in Mental Health","authors":"A. Mccann","doi":"10.1163/22134514-00604003","DOIUrl":"https://doi.org/10.1163/22134514-00604003","url":null,"abstract":"On the 10th October 2019, Ed Sheeran and Prince Harry made headlines for pledging their support to ‘World Mental Health Day’1 – an international day dedicated to mental health education, awareness and advocacy against stigma. Leaving aside one’s views on the monarchy and popular musicians, the message they were delivering is a serious and urgent one. Moreover, it is a message human rights lawyers and EU policy makers need to deliver too. There are, arguably, three core reasons for this. The first is high prevalence and cost. According to the World Health Organisation (who), mental health problems affect one in four citizens at least once during their lifetime and can affect more than 10% of the EU population (i.e. 50 million people) during any given year.2 According to Eurostat, suicide remains a significant cause of premature death in Europe, with over 50,000 deaths a year in the EU.3 Aside from human suffering, mental health problems cost €260 billion a year due to lower employment and productivity rates across the 28 EU member states.4 The second is low investment. Despite the human and economic costs, public spending via health budgets on mental health are negligible in comparison","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2019-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45600655","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 : 2019-10-03DOI: 10.1163/22134514-00602001
Remus D. Valsan
This article explores the parallels between the fiduciary rule against conflicts of interest and the rule against bias in judicial review, with a view to providing novel normative insights into the purpose of the fiduciary rule. It argues that, analogous to the main purpose of the rule against bias, the fiduciary no-conflict rule aims to insulate the exercise of discretion from self-interest or other irrelevant considerations that may affect, directly or indirectly, the reliability and trustworthiness of the fiduciary’s decision-making process.
{"title":"The No-conflict Fiduciary Rule and the Rule against Bias in Judicial Review","authors":"Remus D. Valsan","doi":"10.1163/22134514-00602001","DOIUrl":"https://doi.org/10.1163/22134514-00602001","url":null,"abstract":"This article explores the parallels between the fiduciary rule against conflicts of interest and the rule against bias in judicial review, with a view to providing novel normative insights into the purpose of the fiduciary rule. It argues that, analogous to the main purpose of the rule against bias, the fiduciary no-conflict rule aims to insulate the exercise of discretion from self-interest or other irrelevant considerations that may affect, directly or indirectly, the reliability and trustworthiness of the fiduciary’s decision-making process.","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2019-10-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22134514-00602001","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42396596","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 : 2019-10-03DOI: 10.1163/22134514-00603002
M. Bano
{"title":"Understanding Sharia: Islamic Law in A Globalised World, written by Raficq S. Abdulla and Mohamed M. Keshavjee, (2018)","authors":"M. Bano","doi":"10.1163/22134514-00603002","DOIUrl":"https://doi.org/10.1163/22134514-00603002","url":null,"abstract":"","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":"1 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2019-10-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22134514-00603002","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42027347","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 : 2019-10-03DOI: 10.1163/22134514-00603003
A. C. Ciacchi
{"title":"Democracy in Retreat: Two Examples of Numeric Comparative Law and Governance","authors":"A. C. Ciacchi","doi":"10.1163/22134514-00603003","DOIUrl":"https://doi.org/10.1163/22134514-00603003","url":null,"abstract":"","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2019-10-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22134514-00603003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43216679","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 : 2019-10-03DOI: 10.1163/22134514-00603001
K. Anele
Though Nigeria is inundated with human rights abuses, there is no procedure that could effectively accommodate a large number of victims in one litigation beside class action. Class litigation is limited in scope in Nigeria; hence, it cannot be applied in human rights cases. This has culminated in a culture of impunity by corporations in the country. This paper uses the class action legal regime in the United States to argue that the statutory introduction of a general class litigation regime will adequately address human rights violations in Nigeria. The author submits that beyond the legislative introduction of a general class action legal framework in Nigeria; judges should exercise their wide discretion as envisaged by the Nigerian constitution in civil matters to adjudicate human rights class litigations. Also, there is need to enlighten Nigerians of their human rights and an efficient procedure to address their violations: class action procedure.
{"title":"Human Rights Class Action against Corporations in Nigeria","authors":"K. Anele","doi":"10.1163/22134514-00603001","DOIUrl":"https://doi.org/10.1163/22134514-00603001","url":null,"abstract":"Though Nigeria is inundated with human rights abuses, there is no procedure that could effectively accommodate a large number of victims in one litigation beside class action. Class litigation is limited in scope in Nigeria; hence, it cannot be applied in human rights cases. This has culminated in a culture of impunity by corporations in the country. This paper uses the class action legal regime in the United States to argue that the statutory introduction of a general class litigation regime will adequately address human rights violations in Nigeria. The author submits that beyond the legislative introduction of a general class action legal framework in Nigeria; judges should exercise their wide discretion as envisaged by the Nigerian constitution in civil matters to adjudicate human rights class litigations. Also, there is need to enlighten Nigerians of their human rights and an efficient procedure to address their violations: class action procedure.","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2019-10-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22134514-00603001","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45223513","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 : 2019-06-03DOI: 10.1163/22134514-00602002
R. Carvalho
Public procurement relies in an apparent irreconcilability between competition, which implies some confidentiality, and transparency. The latest Public Procurement Directives have made e-procurement a mandatory feature. Since blockchain technology has been developed and designed to accomplish integrity, transparency, efficiency and data accuracy, goals which are very much appreciated in public procurement, an interesting question then arises: is there room to apply this technology within public procurement procedures? Will smart contracts be an interesting tool within public procurement? Considering public duties such as data protection, which must be complied with by contracting authorities, and some blockchain features such as non-withdrawable information and the likely broad access to the information there enclosed, one can be drawn to conclude that there is no possible conciliation between these two procedures. The mandatory e-procurement implies some neighbouring problems with this technology. Yet, are there any technological solutions for some of the drawbacks?
{"title":"Blockchain and Public Procurement","authors":"R. Carvalho","doi":"10.1163/22134514-00602002","DOIUrl":"https://doi.org/10.1163/22134514-00602002","url":null,"abstract":"Public procurement relies in an apparent irreconcilability between competition, which implies some confidentiality, and transparency. The latest Public Procurement Directives have made e-procurement a mandatory feature. Since blockchain technology has been developed and designed to accomplish integrity, transparency, efficiency and data accuracy, goals which are very much appreciated in public procurement, an interesting question then arises: is there room to apply this technology within public procurement procedures? Will smart contracts be an interesting tool within public procurement? Considering public duties such as data protection, which must be complied with by contracting authorities, and some blockchain features such as non-withdrawable information and the likely broad access to the information there enclosed, one can be drawn to conclude that there is no possible conciliation between these two procedures. The mandatory e-procurement implies some neighbouring problems with this technology. Yet, are there any technological solutions for some of the drawbacks?","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2019-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22134514-00602002","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46015942","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 : 2019-06-03DOI: 10.1163/22134514-00602004
R. Caria
The article considers the radical challenge that blockchain, and in particular the blockchain-based cryptocurrency Bitcoin, poses to state sovereignty. If blockchain ever succeeds to be adopted on a large scale, Bitcoin, or any other permissionless blockchain-based cryptocurrency for that matter, is a direct threat to one of the key tenets of sovereignty: the monopoly over money. Without this traditional monopoly, states will not be able to exist as they have so far. Building on this premise, the article argues that blockchain-based money is currently posing a serious challenge to state sovereignty and could therefore reshape public law. This article also contends that Bitcoin in particular might collapse for technical reasons. However, if Bitcoin proves to be resilient enough to resist ongoing legal challenges, then the very “basic norm” of our legal systems will arguably change.
{"title":"Blockchain-Based Money as the Ultimate Challenge to Sovereignty","authors":"R. Caria","doi":"10.1163/22134514-00602004","DOIUrl":"https://doi.org/10.1163/22134514-00602004","url":null,"abstract":"The article considers the radical challenge that blockchain, and in particular the blockchain-based cryptocurrency Bitcoin, poses to state sovereignty. If blockchain ever succeeds to be adopted on a large scale, Bitcoin, or any other permissionless blockchain-based cryptocurrency for that matter, is a direct threat to one of the key tenets of sovereignty: the monopoly over money. Without this traditional monopoly, states will not be able to exist as they have so far. Building on this premise, the article argues that blockchain-based money is currently posing a serious challenge to state sovereignty and could therefore reshape public law.\u0000This article also contends that Bitcoin in particular might collapse for technical reasons. However, if Bitcoin proves to be resilient enough to resist ongoing legal challenges, then the very “basic norm” of our legal systems will arguably change.","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2019-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22134514-00602004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42989956","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 : 2019-06-03DOI: 10.1163/22134514-00602005
S. Ranchordás
In 2018, blockchain was the word of the year. There was not a day that went by without a news article on a novel application of blockchain technology. This distributed-ledger technology was the solution for corruption in elections in low-trust societies, it would facilitate the registration of land and make the role of notaries superfluous, and it could even replace traditional forms of state identification. Blockchain, a complex technology that is based on peer-to-peer validation, has the potential to address the trust, transparency, and bureaucracy challenges that several public bodies currently face. Furthermore, this technology creates room for new collaboration opportunities between governments and citizens. It verifies close to real time transactions, simplifies regulatory compliance, promises efficiency gains through the reduction of intermediaries, and reduces the risks of fraud and cybercrime. Despite the growing popularity of blockchain, very few legal scholars in 2018 could seriously argue that they understood the functioning of blockchain and only a small number of them was indeed able to explain it to a broader audience. Hundreds of scientific and popular articles and books were published, new academic journals on blockchain were created, and numerous events on blockchain were organized. Nonetheless, the implications of blockchain for public law, and the way in which blockchain can be used to replace the trust that citizens have on state authorities remained largely underexplored. This special issue includes three contributions that were presented at the conference ‘Blockchain, Public Trust, Law and Governance’ which took place at the University of Groningen at the end of 2018. At this two-day event, public law and governance issues regarding blockchain were discussed from different perspectives. This special issue is timely as blockchain has received a great deal of attention in academia and beyond. Throughout the world, multiple governments are experimenting with blockchain in different areas. However, blockchain remains a black box to many citizens, public bodies, and companies.
{"title":"Blockchain, Public Trust, Law and Governance","authors":"S. Ranchordás","doi":"10.1163/22134514-00602005","DOIUrl":"https://doi.org/10.1163/22134514-00602005","url":null,"abstract":"In 2018, blockchain was the word of the year. There was not a day that went by without a news article on a novel application of blockchain technology. This distributed-ledger technology was the solution for corruption in elections in low-trust societies, it would facilitate the registration of land and make the role of notaries superfluous, and it could even replace traditional forms of state identification. Blockchain, a complex technology that is based on peer-to-peer validation, has the potential to address the trust, transparency, and bureaucracy challenges that several public bodies currently face. Furthermore, this technology creates room for new collaboration opportunities between governments and citizens. It verifies close to real time transactions, simplifies regulatory compliance, promises efficiency gains through the reduction of intermediaries, and reduces the risks of fraud and cybercrime. Despite the growing popularity of blockchain, very few legal scholars in 2018 could seriously argue that they understood the functioning of blockchain and only a small number of them was indeed able to explain it to a broader audience. Hundreds of scientific and popular articles and books were published, new academic journals on blockchain were created, and numerous events on blockchain were organized. Nonetheless, the implications of blockchain for public law, and the way in which blockchain can be used to replace the trust that citizens have on state authorities remained largely underexplored. This special issue includes three contributions that were presented at the conference ‘Blockchain, Public Trust, Law and Governance’ which took place at the University of Groningen at the end of 2018. At this two-day event, public law and governance issues regarding blockchain were discussed from different perspectives. This special issue is timely as blockchain has received a great deal of attention in academia and beyond. Throughout the world, multiple governments are experimenting with blockchain in different areas. However, blockchain remains a black box to many citizens, public bodies, and companies.","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2019-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22134514-00602005","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46784654","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 : 2019-03-01DOI: 10.1163/22134514-00601002
A. Mccann
{"title":"Editorial","authors":"A. Mccann","doi":"10.1163/22134514-00601002","DOIUrl":"https://doi.org/10.1163/22134514-00601002","url":null,"abstract":"","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22134514-00601002","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44440518","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}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：