Pub Date : 2015-09-30DOI: 10.1163/22112596-02002008
B. Roermund
The title of Willem Witteveen’s 'De wet als kunstwerk' is an utter challenge for translators with a philosophical mindset. In English, the choice readily at hand for ‘kunstwerk’ would be ‘work of art’. But a different translation looms large. A ‘kunstwerk’ (in Dutch) also means a technically advanced construction in an already cultivated landscape. Let us call such constructions ‘artefacts’, to distinguish them from ‘works of art’. The latter are wrought by artists, the former by engineers. My question departs from the ambiguity inherent to ‘kunstwerk’ as it hovers between work of art and artefact. From a philosophical point of view, what, with regard to contemporary legislation, remains of the artefact as over and against the work of art?
Willem Witteveen的《De wet als kunstwerk》的标题对于具有哲学思维的翻译来说是一个彻底的挑战。在英语中,“kunstwerk”的意思是“艺术品”。但另一种不同的翻译却显得很突出。“kunstwerk”(荷兰语)也意味着在已经开垦的土地上建造技术先进的建筑。让我们把这样的建筑称为“人工制品”,以区别于“艺术品”。后者由艺术家打造,前者由工程师打造。我的问题脱离了“kunstwerk”固有的模糊性,因为它徘徊在艺术作品和人工制品之间。从哲学的角度来看,就当代立法而言,人工制品与艺术作品的对立还剩下什么?
{"title":"Legislation: Work of Art or Artefact?","authors":"B. Roermund","doi":"10.1163/22112596-02002008","DOIUrl":"https://doi.org/10.1163/22112596-02002008","url":null,"abstract":"The title of Willem Witteveen’s 'De wet als kunstwerk' is an utter challenge for translators with a philosophical mindset. In English, the choice readily at hand for ‘kunstwerk’ would be ‘work of art’. But a different translation looms large. A ‘kunstwerk’ (in Dutch) also means a technically advanced construction in an already cultivated landscape. Let us call such constructions ‘artefacts’, to distinguish them from ‘works of art’. The latter are wrought by artists, the former by engineers. My question departs from the ambiguity inherent to ‘kunstwerk’ as it hovers between work of art and artefact. From a philosophical point of view, what, with regard to contemporary legislation, remains of the artefact as over and against the work of art?","PeriodicalId":38415,"journal":{"name":"Tilburg Law Review-Journal of International and Comparative Law","volume":"20 1","pages":"180-190"},"PeriodicalIF":1.7,"publicationDate":"2015-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22112596-02002008","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64565912","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 : 2015-09-30DOI: 10.1163/22112596-02002006
S. Taekema, B. Klink
In this contribution we sketch the most important themes of Willem Witteveen’s work. Rather than providing an academic overview we use one of his favourite metaphors, that of the house, to show the breadth of his interests and the approach that characterizes both his writings and his public achievements. Although most legal scholars will know of his work on legislation and the Rechtsstaat , his interest in legal theory, literature and art is equally significant to understand his contribution to legal scholarship. His work is unified by his rhetorical stance, which was always open to different voices of the present and the past.
{"title":"Vita Brevis, Ars Longa: In Memoriam Willem Witteveen","authors":"S. Taekema, B. Klink","doi":"10.1163/22112596-02002006","DOIUrl":"https://doi.org/10.1163/22112596-02002006","url":null,"abstract":"In this contribution we sketch the most important themes of Willem Witteveen’s work. Rather than providing an academic overview we use one of his favourite metaphors, that of the house, to show the breadth of his interests and the approach that characterizes both his writings and his public achievements. Although most legal scholars will know of his work on legislation and the Rechtsstaat , his interest in legal theory, literature and art is equally significant to understand his contribution to legal scholarship. His work is unified by his rhetorical stance, which was always open to different voices of the present and the past.","PeriodicalId":38415,"journal":{"name":"Tilburg Law Review-Journal of International and Comparative Law","volume":"20 1","pages":"161-167"},"PeriodicalIF":1.7,"publicationDate":"2015-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22112596-02002006","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64565846","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 : 2015-04-03DOI: 10.1163/22112596-02001005
Arianna Vedaschi, Valerio Lubello
The Data Retention Directive is one of the most controversial acts adopted by the EU. The storage of an indeterminate amount of data – concerning every citizen of the EU – requires finding a balance between the need to fight terrorism and the rights to privacy and data protection, as declared in the Charter of Fundamental Rights of the EU, the ECHR, and by the common constitutional values shared by Member States. According to the CJEU (joined cases C-293/12 and C-594/12), the Directive ‘treats everyone as a suspect’, ‘monitors everyone’ and ‘puts everyone under surveillance’ and represents a ‘serious interference’ to citizens’ rights to privacy.The aim of this paper is to define – through a comparative analysis – the main features of the CJEU balancing process, trying to assess possible future scenarios for data retention in the European and domestic legal frameworks. The challenge remains the same: how to prevent serious crime and terrorism while preserving our fundamental rights?
{"title":"Data Retention and its Implications for the Fundamental Right to Privacy","authors":"Arianna Vedaschi, Valerio Lubello","doi":"10.1163/22112596-02001005","DOIUrl":"https://doi.org/10.1163/22112596-02001005","url":null,"abstract":"The Data Retention Directive is one of the most controversial acts adopted by the EU. The storage of an indeterminate amount of data – concerning every citizen of the EU – requires finding a balance between the need to fight terrorism and the rights to privacy and data protection, as declared in the Charter of Fundamental Rights of the EU, the ECHR, and by the common constitutional values shared by Member States. According to the CJEU (joined cases C-293/12 and C-594/12), the Directive ‘treats everyone as a suspect’, ‘monitors everyone’ and ‘puts everyone under surveillance’ and represents a ‘serious interference’ to citizens’ rights to privacy.The aim of this paper is to define – through a comparative analysis – the main features of the CJEU balancing process, trying to assess possible future scenarios for data retention in the European and domestic legal frameworks. The challenge remains the same: how to prevent serious crime and terrorism while preserving our fundamental rights?","PeriodicalId":38415,"journal":{"name":"Tilburg Law Review-Journal of International and Comparative Law","volume":"20 1","pages":"14-34"},"PeriodicalIF":1.7,"publicationDate":"2015-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22112596-02001005","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64565531","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 : 2015-03-15DOI: 10.1163/22112596-02001004
F. Fabbrini
The article introduces the theme of the protection of the right to privacy in a world characterized by rapid developments in digital technology and the need to fight terrorism. It identifies the challenges that surveillance policies raise on privacy and data protection and explains how the contributions to the Special Issue connect to the ongoing legal and policy debate in the field of European and comparative constitutional law.
{"title":"Privacy and National Security in the Digital Age. European and Comparative Constitutional Perspectives","authors":"F. Fabbrini","doi":"10.1163/22112596-02001004","DOIUrl":"https://doi.org/10.1163/22112596-02001004","url":null,"abstract":"The article introduces the theme of the protection of the right to privacy in a world characterized by rapid developments in digital technology and the need to fight terrorism. It identifies the challenges that surveillance policies raise on privacy and data protection and explains how the contributions to the Special Issue connect to the ongoing legal and policy debate in the field of European and comparative constitutional law.","PeriodicalId":38415,"journal":{"name":"Tilburg Law Review-Journal of International and Comparative Law","volume":"20 1","pages":""},"PeriodicalIF":1.7,"publicationDate":"2015-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22112596-02001004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64565524","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 : 2014-09-25DOI: 10.1163/22112596-01902028
W. Genugten, A. Meijknecht, B. Rombouts
According to the 2007 UN Declaration on the Right of Indigenous Peoples, every indigenous individual has the right to a nationality. The present paper focuses on the right to a nationality as a ‘gateway’ to the recognition of a plurality of other rights. Doing so, two issues are given special attention: 1) the lack of adequate birth registration and the consequences of this ‘false start’ for other rights, such as, again, the right to a nationality. 2) The recognition of indigenous identity papers: while regularly Indigenous Peoples do not want to establish an independent sovereign State, many of them strive for the recognition of their own Indigenous identity papers. The paper discusses some of the advantages and consequences thereof.
{"title":"Stateless Indigenous People(s): The Right to a Nationality, Including Their Own","authors":"W. Genugten, A. Meijknecht, B. Rombouts","doi":"10.1163/22112596-01902028","DOIUrl":"https://doi.org/10.1163/22112596-01902028","url":null,"abstract":"According to the 2007 UN Declaration on the Right of Indigenous Peoples, every indigenous individual has the right to a nationality. The present paper focuses on the right to a nationality as a ‘gateway’ to the recognition of a plurality of other rights. Doing so, two issues are given special attention: 1) the lack of adequate birth registration and the consequences of this ‘false start’ for other rights, such as, again, the right to a nationality. 2) The recognition of indigenous identity papers: while regularly Indigenous Peoples do not want to establish an independent sovereign State, many of them strive for the recognition of their own Indigenous identity papers. The paper discusses some of the advantages and consequences thereof.","PeriodicalId":38415,"journal":{"name":"Tilburg Law Review-Journal of International and Comparative Law","volume":"19 1","pages":"98-107"},"PeriodicalIF":1.7,"publicationDate":"2014-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22112596-01902028","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64565325","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 : 2014-01-01DOI: 10.1163/22112596-01902016
S. Mantu
The United Kingdom has amended its nationality legislation in order to make it easier for the state to exercise citizenship deprivation powers. The new powers target citizens who have engaged in behaviours labelled by the UK executive as not conducive to the public good. Statelessness operates as the outer limit of the government’s capacity to transform citizens into foreigners and plays an important role in limiting the exercise of executive powers.
{"title":"Citizenship Deprivation in the United Kingdom: Statelessness and Terrorism","authors":"S. Mantu","doi":"10.1163/22112596-01902016","DOIUrl":"https://doi.org/10.1163/22112596-01902016","url":null,"abstract":"The United Kingdom has amended its nationality legislation in order to make it easier for the state to exercise citizenship deprivation powers. The new powers target citizens who have engaged in behaviours labelled by the UK executive as not conducive to the public good. Statelessness operates as the outer limit of the government’s capacity to transform citizens into foreigners and plays an important role in limiting the exercise of executive powers.","PeriodicalId":38415,"journal":{"name":"Tilburg Law Review-Journal of International and Comparative Law","volume":"19 1","pages":"163-170"},"PeriodicalIF":1.7,"publicationDate":"2014-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22112596-01902016","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64565068","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 : 2014-01-01DOI: 10.1163/22112596-01902021
C. Nash
Until recently, there was no regional civil society alliance dedicated exclusively to addressing statelessness. This changed with the advent of the European Network on Statelessness (ENS), which has attracted fifty non-governmental organization (NGOs) members since its public launch in June 2012. Aside from vindicating the need for such a coordinating body in the region, the development of ENS also offers several useful perspectives on how networks can serve as effective generators for change and as forums to help overcome a historical lack of awareness of, or even indifference to, the plight of stateless persons. This article explores the importance of awareness-raising and the gains possible through finding diverse and multiple entry points to approach the issue. It reflects on these lessons and the challenges that remain, including their potential to help inform an emerging discussion around the need to develop an international coalition of actors dedicated to combatting statelessness. The article concludes that only through working together will it be possible to make real progress towards achieving the recently articulated ambition by the United Nations High Commissioner for Refugees (UNHCR) to eradicate statelessness within a decade.
{"title":"Networking for Change: The development of the European Network on Statelessness and Perspectives on Developing Other Regional and Global Statelessness Coalitions","authors":"C. Nash","doi":"10.1163/22112596-01902021","DOIUrl":"https://doi.org/10.1163/22112596-01902021","url":null,"abstract":"Until recently, there was no regional civil society alliance dedicated exclusively to addressing statelessness. This changed with the advent of the European Network on Statelessness (ENS), which has attracted fifty non-governmental organization (NGOs) members since its public launch in June 2012. Aside from vindicating the need for such a coordinating body in the region, the development of ENS also offers several useful perspectives on how networks can serve as effective generators for change and as forums to help overcome a historical lack of awareness of, or even indifference to, the plight of stateless persons. This article explores the importance of awareness-raising and the gains possible through finding diverse and multiple entry points to approach the issue. It reflects on these lessons and the challenges that remain, including their potential to help inform an emerging discussion around the need to develop an international coalition of actors dedicated to combatting statelessness. The article concludes that only through working together will it be possible to make real progress towards achieving the recently articulated ambition by the United Nations High Commissioner for Refugees (UNHCR) to eradicate statelessness within a decade.","PeriodicalId":38415,"journal":{"name":"Tilburg Law Review-Journal of International and Comparative Law","volume":"19 1","pages":"212-222"},"PeriodicalIF":1.7,"publicationDate":"2014-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22112596-01902021","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64565234","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 : 2014-01-01DOI: 10.1163/22112596-01902022
Katharine Nylund
This article will explore the history and legacy of attempts to advocate for independence in Puerto Rico via the renunciation of United States (US) citizenship. The US acquired Puerto Rico over a century ago, and Puerto Ricans gained US citizenship in 1917, but the island remains an unincorporated territory. Various options, including independence and statehood, have been debated for decades. While voting records show that only a small percentage of the Puerto Rican population supports full independence from the United States, many pro-independence activists spurred debate by renouncing their US citizenship and claiming that they are citizens of Puerto Rico only. This raised questions as to whether they actually became stateless as a result. One of the most notable independence activists, the late Juan Mari Bras, caused confusion at the US State Department, which initially accepted his renunciation of US citizenship only to reverse its decision three years later. A discussion of the multifaceted meaning of ‘citizenship’ in the context of Puerto Rico illuminates the United States’ approach to the international right to a nationality.
本文将探讨波多黎各试图通过放弃美国公民身份来倡导独立的历史和遗产。美国在一个多世纪前获得了波多黎各,波多黎各人在1917年获得了美国公民身份,但该岛仍然是一个未合并的领土。包括独立和建国在内的各种选择已经争论了几十年。虽然投票记录显示,只有一小部分波多黎各人支持从美国完全独立,但许多支持独立的活动人士放弃美国国籍,声称自己只是波多黎各公民,从而引发了辩论。这引发了一个问题,即他们是否真的因此而成为无国籍人。已故的胡安•马里•布拉斯(Juan Mari Bras)是最著名的独立活动人士之一,他曾在美国国务院引起混乱,美国国务院最初接受了他放弃美国国籍的决定,但三年后又撤销了这一决定。在波多黎各的背景下,对“公民身份”的多方面含义的讨论阐明了美国对国际国籍权利的态度。
{"title":"The Indignity of a False Citizenship: Self-Induced Statelessness in Puerto Rico","authors":"Katharine Nylund","doi":"10.1163/22112596-01902022","DOIUrl":"https://doi.org/10.1163/22112596-01902022","url":null,"abstract":"This article will explore the history and legacy of attempts to advocate for independence in Puerto Rico via the renunciation of United States (US) citizenship. The US acquired Puerto Rico over a century ago, and Puerto Ricans gained US citizenship in 1917, but the island remains an unincorporated territory. Various options, including independence and statehood, have been debated for decades. While voting records show that only a small percentage of the Puerto Rican population supports full independence from the United States, many pro-independence activists spurred debate by renouncing their US citizenship and claiming that they are citizens of Puerto Rico only. This raised questions as to whether they actually became stateless as a result. One of the most notable independence activists, the late Juan Mari Bras, caused confusion at the US State Department, which initially accepted his renunciation of US citizenship only to reverse its decision three years later. A discussion of the multifaceted meaning of ‘citizenship’ in the context of Puerto Rico illuminates the United States’ approach to the international right to a nationality.","PeriodicalId":38415,"journal":{"name":"Tilburg Law Review-Journal of International and Comparative Law","volume":"19 1","pages":"223-235"},"PeriodicalIF":1.7,"publicationDate":"2014-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22112596-01902022","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64565278","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 : 2014-01-01DOI: 10.1163/22112596-01902019
T. Molnár
This paper aims at shedding more light on the recent re-emergence of the issue of statelessness on the international agenda, from a government perspective. I wish to outline what a government can do in order to address statelessness through foreign policy initiatives and to highlight the issue of protecting stateless persons in different international fora. Hungary is a good example for that, being party to all international conventions on the protection of the stateless and on the reduction and prevention of statelessness. This shows to the outside world Hungary’s strong commitment to protecting stateless people and preventing future cases of it as well as reducing their existing number. In 2007, Hungary also established a self-standing statelessness determination procedure. Since then, the government has put more emphasis on the promotion of the protection of stateless people and the reduction of statelessness in her international relations. This article gives some examples on implementing this policy goal and mainstreaming statelessness in international cooperation.
{"title":"Moving Statelessness Forward on the International Agenda","authors":"T. Molnár","doi":"10.1163/22112596-01902019","DOIUrl":"https://doi.org/10.1163/22112596-01902019","url":null,"abstract":"This paper aims at shedding more light on the recent re-emergence of the issue of statelessness on the international agenda, from a government perspective. I wish to outline what a government can do in order to address statelessness through foreign policy initiatives and to highlight the issue of protecting stateless persons in different international fora. Hungary is a good example for that, being party to all international conventions on the protection of the stateless and on the reduction and prevention of statelessness. This shows to the outside world Hungary’s strong commitment to protecting stateless people and preventing future cases of it as well as reducing their existing number. In 2007, Hungary also established a self-standing statelessness determination procedure. Since then, the government has put more emphasis on the promotion of the protection of stateless people and the reduction of statelessness in her international relations. This article gives some examples on implementing this policy goal and mainstreaming statelessness in international cooperation.","PeriodicalId":38415,"journal":{"name":"Tilburg Law Review-Journal of International and Comparative Law","volume":"19 1","pages":"194-202"},"PeriodicalIF":1.7,"publicationDate":"2014-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22112596-01902019","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64565172","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 : 2014-01-01DOI: 10.1163/22112596-01902020
Eva Mrekajová
Naturalization of stateless persons falls under the broader problem of statelessness, which is recently drawing more and more attention. However, the issue of facilitated naturalization of stateless persons stays grossly overlooked. The present article tries to identify international and European standards and general recommendations related to facilitated access to citizenship for stateless persons. The article focuses in particular on assessment of material requirements (residence, language and other integration requirements, good character, economic resources requirements, loyalty to the State and security) and procedural aspects of naturalization (application, proceedings).
{"title":"Facilitated Naturalization of Stateless Persons","authors":"Eva Mrekajová","doi":"10.1163/22112596-01902020","DOIUrl":"https://doi.org/10.1163/22112596-01902020","url":null,"abstract":"Naturalization of stateless persons falls under the broader problem of statelessness, which is recently drawing more and more attention. However, the issue of facilitated naturalization of stateless persons stays grossly overlooked. The present article tries to identify international and European standards and general recommendations related to facilitated access to citizenship for stateless persons. The article focuses in particular on assessment of material requirements (residence, language and other integration requirements, good character, economic resources requirements, loyalty to the State and security) and procedural aspects of naturalization (application, proceedings).","PeriodicalId":38415,"journal":{"name":"Tilburg Law Review-Journal of International and Comparative Law","volume":"19 1","pages":"203-211"},"PeriodicalIF":1.7,"publicationDate":"2014-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22112596-01902020","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64565181","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}