Pub Date : 2019-03-01DOI: 10.1163/22134514-00601001
B. Warwas
This article builds off the empirical research conducted within the Study on the Legal Instruments and Practice of Arbitration in the eu and Switzerland, commissioned by the Legal Affairs Committee of the European Parliament. It discusses the empirical data collected in the course of the Study, and the most recent legal developments on arbitration regarding five Member States – Estonia, Lithuania, Latvia, Finland, and Sweden – referred to as ‘the Baltic States and Scandinavia’. Hence, this article shifts the discussion on arbitration from elite practitioners to more local arbitration practices, uncovering the so-called ‘grey zone’ largely missing from the mainstream discussion of arbitration.
{"title":"Arbitration in the Baltic States and Scandinavia","authors":"B. Warwas","doi":"10.1163/22134514-00601001","DOIUrl":"https://doi.org/10.1163/22134514-00601001","url":null,"abstract":"This article builds off the empirical research conducted within the Study on the Legal Instruments and Practice of Arbitration in the eu and Switzerland, commissioned by the Legal Affairs Committee of the European Parliament. It discusses the empirical data collected in the course of the Study, and the most recent legal developments on arbitration regarding five Member States – Estonia, Lithuania, Latvia, Finland, and Sweden – referred to as ‘the Baltic States and Scandinavia’. Hence, this article shifts the discussion on arbitration from elite practitioners to more local arbitration practices, uncovering the so-called ‘grey zone’ largely missing from the mainstream discussion of arbitration.","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/10.1163/22134514-00601001","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47790124","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: 10.1163/22134514-00601003
S. Fox
The policing role is constantly changing and becoming more challenging, with the uk seeing reduced numbers and financial cuts. Going forward, it is likely that the police will become more involved in the policing of drones. This research looks at the governance of drones from a top down approach – international-regional-national. The legislative complexity is first reviewed before investigating the blurring of roles between Aviation Administration-Authorities and the police. Focus is given regionally to the eu and nationally to the uk with a comparison study of the usa. The research considers the developing remit of the police and who should police drones at a national level. The research finds that currently, the police are under-trained in this subject area and there is insufficient coordination with the national Aviation Authorities.
{"title":"Policing: Monitoring, Investigating and Prosecuting ‘Drones’","authors":"S. Fox","doi":"10.1163/22134514-00601003","DOIUrl":"https://doi.org/10.1163/22134514-00601003","url":null,"abstract":"The policing role is constantly changing and becoming more challenging, with the uk seeing reduced numbers and financial cuts. Going forward, it is likely that the police will become more involved in the policing of drones. This research looks at the governance of drones from a top down approach – international-regional-national. The legislative complexity is first reviewed before investigating the blurring of roles between Aviation Administration-Authorities and the police. Focus is given regionally to the eu and nationally to the uk with a comparison study of the usa. The research considers the developing remit of the police and who should police drones at a national level. The research finds that currently, the police are under-trained in this subject area and there is insufficient coordination with the national Aviation Authorities.","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/10.1163/22134514-00601003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43355407","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 : 2018-12-04DOI: 10.1163/22134514-00504001
Christina Zournatzi
The diversity of location of many offshore units and the transnational nature of the offshore oil and gas industry have emphasised the increasing need for a close harmonisation of the liability regime between the applicable laws of producing States and what is stated in the International Conventions.Many maintained the need for an international treaty to cover pollution from offshore activities with particular reference to transboundary pollution and, thus, the current uniform liability regime on the subject was established. Offshore oil and gas operations often take place in locations that depend on tourism for a large part of their income, such as the Mediterranean Sea and the Aegean Sea. Sources of law on offshore units in the United Kingdom and Greece are considered, as it is of paramount importance to understand of how national legislations and courts treat offshore units or crafts in the occurrence of an event of an incident.
{"title":"International Conventions around Liability on Offshore Oil and Gas Operations","authors":"Christina Zournatzi","doi":"10.1163/22134514-00504001","DOIUrl":"https://doi.org/10.1163/22134514-00504001","url":null,"abstract":"The diversity of location of many offshore units and the transnational nature of the offshore oil and gas industry have emphasised the increasing need for a close harmonisation of the liability regime between the applicable laws of producing States and what is stated in the International Conventions.Many maintained the need for an international treaty to cover pollution from offshore activities with particular reference to transboundary pollution and, thus, the current uniform liability regime on the subject was established. Offshore oil and gas operations often take place in locations that depend on tourism for a large part of their income, such as the Mediterranean Sea and the Aegean Sea. Sources of law on offshore units in the United Kingdom and Greece are considered, as it is of paramount importance to understand of how national legislations and courts treat offshore units or crafts in the occurrence of an event of an incident.","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2018-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22134514-00504001","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48095165","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 : 2018-12-04DOI: 10.1163/22134514-00504002
Aina Aune Kane, Julia Köhler-Olsen
In this article, we focus on how the United Kingdom, Germany and Norway govern and balance young unemployed claimants’ right to social benefits with conditions of compulsory activities, with the aim of their transition into employment. In the three countries mentioned, we have examined and compared the national legislation and regulations, as well as how case workers in job centres experience these tools in their work with activating the young unemployed.Balancing the individuals’ right of benefits with the job centre’s right and duty to impose conditions and activities as well as to sanction non-compliance, is also a matter of balancing national legislation with international human rights instruments. We have therefore analysed the three countries’ legislation and job centre conduct in light of the human right to non-discrimination and equality.To find answers to our research questions, we have studied the legal framework and human rights instruments addressing social security, conditionality and non-discrimination, and interviewed caseworkers regarding their leeway for individual professional discretion.We find that the human right of substantive equality is challenged in all three countries. Claimants’ commitments can entail stigma, stereotyping and shame, legislation can fail to provide the leeway necessary for accommodating for differences between the individuals, and sanctioning can represent a system of paternalism rather than social citizenship.
{"title":"Governance of the Young Unemployed – A Comparative Study of the United Kingdom, Germany and Norway","authors":"Aina Aune Kane, Julia Köhler-Olsen","doi":"10.1163/22134514-00504002","DOIUrl":"https://doi.org/10.1163/22134514-00504002","url":null,"abstract":"In this article, we focus on how the United Kingdom, Germany and Norway govern and balance young unemployed claimants’ right to social benefits with conditions of compulsory activities, with the aim of their transition into employment. In the three countries mentioned, we have examined and compared the national legislation and regulations, as well as how case workers in job centres experience these tools in their work with activating the young unemployed.Balancing the individuals’ right of benefits with the job centre’s right and duty to impose conditions and activities as well as to sanction non-compliance, is also a matter of balancing national legislation with international human rights instruments. We have therefore analysed the three countries’ legislation and job centre conduct in light of the human right to non-discrimination and equality.To find answers to our research questions, we have studied the legal framework and human rights instruments addressing social security, conditionality and non-discrimination, and interviewed caseworkers regarding their leeway for individual professional discretion.We find that the human right of substantive equality is challenged in all three countries. Claimants’ commitments can entail stigma, stereotyping and shame, legislation can fail to provide the leeway necessary for accommodating for differences between the individuals, and sanctioning can represent a system of paternalism rather than social citizenship.","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2018-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22134514-00504002","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42052539","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 : 2018-12-04DOI: 10.1163/22134514-00504004
{"title":"Contents","authors":"","doi":"10.1163/22134514-00504004","DOIUrl":"https://doi.org/10.1163/22134514-00504004","url":null,"abstract":"","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2018-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22134514-00504004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43076560","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 : 2018-09-16DOI: 10.1163/22134514-00503002
Marta Gionco, Eleonora Celoria
Seventy years after the Universal Declaration of Human Rights, access to health care remains strongly unequal. Undocumented migrants represent a particularly discriminated group in many countries. With the aim of investigating the root causes of such inequality, the article provides a theoretical analysis of the right to health care in the international and regional legal frameworks. On such basis, it examines, from a comparative perspective, the different health care systems adopted in France, Italy and Switzerland and the concrete obstacles to accessibility that ensue from each system. The study adopts a human rights-based approach which focuses on four interrelated dimensions of the principle of accessibility which are pivotal in linking a legal system to its application: non-discrimination, physical accessibility, economic accessibility and information accessibility. This article concludes by arguing that the adoption of a human rights-based approach centred on the principle of accessibility can contribute to a better understanding of the obstacles to undocumented migrants’ effective access to health care and therefore to the full implementation of their rights.
{"title":"The Principle of Accessibility as a Core Element of a Human Rights-Based Approach to Undocumented Migrants’ Right to Health","authors":"Marta Gionco, Eleonora Celoria","doi":"10.1163/22134514-00503002","DOIUrl":"https://doi.org/10.1163/22134514-00503002","url":null,"abstract":"Seventy years after the Universal Declaration of Human Rights, access to health care remains strongly unequal. Undocumented migrants represent a particularly discriminated group in many countries. With the aim of investigating the root causes of such inequality, the article provides a theoretical analysis of the right to health care in the international and regional legal frameworks. On such basis, it examines, from a comparative perspective, the different health care systems adopted in France, Italy and Switzerland and the concrete obstacles to accessibility that ensue from each system. The study adopts a human rights-based approach which focuses on four interrelated dimensions of the principle of accessibility which are pivotal in linking a legal system to its application: non-discrimination, physical accessibility, economic accessibility and information accessibility. This article concludes by arguing that the adoption of a human rights-based approach centred on the principle of accessibility can contribute to a better understanding of the obstacles to undocumented migrants’ effective access to health care and therefore to the full implementation of their rights.","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2018-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22134514-00503002","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45698130","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 : 2018-09-16DOI: 10.1163/22134514-00503003
P. Okoli
A judgment creditor who obtains a freezing order in one EU Member State may seek to enforce it in another Member State. When judgment creditors seek to enforce such orders, the judgment debtors may appeal against the enforcement orders. This article examines how protective measures can be guaranteed pending such enforcement appeals under the Brussels legal regime. Relevant legal provisions and the case law of the Court of Justice are considered. There is also an examination of the recent English response to the Brussels legal regime and an argument that the judgment creditor is entitled to protective measures. Drawing support from public policy and mutual trust considerations, this article concludes that exercising judicial discretion in granting protective measures pending appeals undermines legal certainty.
{"title":"English Worldwide Freezing Orders in Europe","authors":"P. Okoli","doi":"10.1163/22134514-00503003","DOIUrl":"https://doi.org/10.1163/22134514-00503003","url":null,"abstract":"A judgment creditor who obtains a freezing order in one EU Member State may seek to enforce it in another Member State. When judgment creditors seek to enforce such orders, the judgment debtors may appeal against the enforcement orders. This article examines how protective measures can be guaranteed pending such enforcement appeals under the Brussels legal regime. Relevant legal provisions and the case law of the Court of Justice are considered. There is also an examination of the recent English response to the Brussels legal regime and an argument that the judgment creditor is entitled to protective measures. Drawing support from public policy and mutual trust considerations, this article concludes that exercising judicial discretion in granting protective measures pending appeals undermines legal certainty.","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2018-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22134514-00503003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43561328","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 : 2018-09-16DOI: 10.1163/22134514-00503001
Benedetta Barbisan
The basic idea is to connect two phenomena characterising some constitutional contexts but not always put in strict relation: on one side, the mechanisms devised by several courts according to which they can address structural problems via individual petitions, guiding (or even deputising) the action of other branches to take measures correcting those distortions and, on the other, the crisis of representation that seems to make legislators and executives inadequate for providing the justice to which citizens aspire. It is not only the judicialisation of politics; it is rather the possible transforming role of the judiciary against the backdrop of the representation crisis. Then, the question is whether the growing shift of trust from the classic representative form of democracy to technocracy may trigger only ephemeral changes or if it is destined to lead to actual constitutional metamorphoses: are courts destined to look like ancient parliaments?
{"title":"Flashes in the Pan or Constitutional Metamorphoses?","authors":"Benedetta Barbisan","doi":"10.1163/22134514-00503001","DOIUrl":"https://doi.org/10.1163/22134514-00503001","url":null,"abstract":"The basic idea is to connect two phenomena characterising some constitutional contexts but not always put in strict relation: on one side, the mechanisms devised by several courts according to which they can address structural problems via individual petitions, guiding (or even deputising) the action of other branches to take measures correcting those distortions and, on the other, the crisis of representation that seems to make legislators and executives inadequate for providing the justice to which citizens aspire. It is not only the judicialisation of politics; it is rather the possible transforming role of the judiciary against the backdrop of the representation crisis. Then, the question is whether the growing shift of trust from the classic representative form of democracy to technocracy may trigger only ephemeral changes or if it is destined to lead to actual constitutional metamorphoses: are courts destined to look like ancient parliaments?","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":"1 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2018-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22134514-00503001","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41540807","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 : 2018-09-16DOI: 10.1163/22134514-00503004
A. C. Ciacchi
{"title":"Egenberger and Comparative Law: A Victory of the Direct Horizontal Effect of Fundamental Rights","authors":"A. C. Ciacchi","doi":"10.1163/22134514-00503004","DOIUrl":"https://doi.org/10.1163/22134514-00503004","url":null,"abstract":"","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2018-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22134514-00503004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43001686","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 : 2017-02-02DOI: 10.15209/JBSGE.V11I1.1001
Kumudini Heenetigala
The purpose of this paper was to investigate the corporate social responsibility (CSR) practices related to community development (CD) by Sri Lankan companies. This article investigated CSR practices related to community development in Sri Lanka from secondary data in websites, integrated reports and sustainability reports from a sample of 30 companies in the top 50 Companies in the Sri Lanka’s LMD 100 for the year 2013. Descriptive statistics were employed to investigate the reporting practices. Community development practices of the top 10 companies were investigated in-depth using content analysis. Results showed that 90% of the companies reported their CSR activities, and were moving towards integrated reporting. The majority of the CSR related CD practices were conducted to improve the quality of lives of people living in rural areas and they were mainly to provide better education, health facilities and livelihood development. However, education was the top most priority by the companies. In-depth analysis of this study is limited to the top 10 companies in the LMD 100 which are ranked among the most respected companies. This study implies that education is a top most priority among CSR practices in Sri Lanka because it improves the living standards and also contribute to economic development. This paper contributes to understanding the community development practices in developing countries in which a corporate sector should engage as their CSR if they are to have a strong impact on economic development.
{"title":"Community Development as a CSR Strategy for Sri Lanka","authors":"Kumudini Heenetigala","doi":"10.15209/JBSGE.V11I1.1001","DOIUrl":"https://doi.org/10.15209/JBSGE.V11I1.1001","url":null,"abstract":"The purpose of this paper was to investigate the corporate social responsibility (CSR) practices related to community development (CD) by Sri Lankan companies. This article investigated CSR practices related to community development in Sri Lanka from secondary data in websites, integrated reports and sustainability reports from a sample of 30 companies in the top 50 Companies in the Sri Lanka’s LMD 100 for the year 2013. Descriptive statistics were employed to investigate the reporting practices. Community development practices of the top 10 companies were investigated in-depth using content analysis. Results showed that 90% of the companies reported their CSR activities, and were moving towards integrated reporting. The majority of the CSR related CD practices were conducted to improve the quality of lives of people living in rural areas and they were mainly to provide better education, health facilities and livelihood development. However, education was the top most priority by the companies. In-depth analysis of this study is limited to the top 10 companies in the LMD 100 which are ranked among the most respected companies. This study implies that education is a top most priority among CSR practices in Sri Lanka because it improves the living standards and also contribute to economic development. This paper contributes to understanding the community development practices in developing countries in which a corporate sector should engage as their CSR if they are to have a strong impact on economic development.","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":"77 4 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2017-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83437829","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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