Pub Date : 2016-03-24DOI: 10.1163/22112596-02101001
M. Loth
In spring of 2015, the District Court of The Hague issued an injunction in a class-action suit against the Dutch State to reduce the emission of greenhouse gases (GHG) before 2020 by 25 percent compared to 1990. The case was initiated by the foundation, Urgenda, and 886 individual plaintiffs against the State of the Netherlands. This is the first time a government has been held liable for a climate policy that is substandard according to international norms. Since the ruling is well reasoned—addressing the issues of the standing of Urgenda, the State’s duty of care towards its citizens, the problem of the ‘many hands’, and many other fundamental questions—it deserves close attention. It will most probably become a landmark case with international precedential value.
{"title":"Climate change liability after all: A Dutch landmark case","authors":"M. Loth","doi":"10.1163/22112596-02101001","DOIUrl":"https://doi.org/10.1163/22112596-02101001","url":null,"abstract":"In spring of 2015, the District Court of The Hague issued an injunction in a class-action suit against the Dutch State to reduce the emission of greenhouse gases (GHG) before 2020 by 25 percent compared to 1990. The case was initiated by the foundation, Urgenda, and 886 individual plaintiffs against the State of the Netherlands. This is the first time a government has been held liable for a climate policy that is substandard according to international norms. Since the ruling is well reasoned—addressing the issues of the standing of Urgenda, the State’s duty of care towards its citizens, the problem of the ‘many hands’, and many other fundamental questions—it deserves close attention. It will most probably become a landmark case with international precedential value.","PeriodicalId":38415,"journal":{"name":"Tilburg Law Review-Journal of International and Comparative Law","volume":"21 1","pages":"5-30"},"PeriodicalIF":1.7,"publicationDate":"2016-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22112596-02101001","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64565925","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 : 2015-12-17DOI: 10.1163/22112596-02001007
C. Cocq
This paper studies the development of the institutional frameworks for cooperation in the fight against terrorism in two regional organisations: the European Union and the Association of South East Asian Nations. In particular, it will analyse the mechanism of intelligence and information sharing developed at the regional level. First, it will assess the different approaches and the mechanisms existing within the two regions and highlight obstacles to such sharing: the willingness and ability of Member States. Then, it will assess how these mechanisms fare in terms of human rights. The lack of real protection of personal data constitutes a serious concern in connection with these mechanisms of information sharing. Thus, the paper demonstrates that Member States have started a global rush for information. Yet there are still many challenges to overcome to improve the mechanisms of intelligence and information sharing themselves and to better protect human rights in doing so.
{"title":"Development of regional legal frameworks for intelligence and information sharing in the eu and asean","authors":"C. Cocq","doi":"10.1163/22112596-02001007","DOIUrl":"https://doi.org/10.1163/22112596-02001007","url":null,"abstract":"This paper studies the development of the institutional frameworks for cooperation in the fight against terrorism in two regional organisations: the European Union and the Association of South East Asian Nations. In particular, it will analyse the mechanism of intelligence and information sharing developed at the regional level. First, it will assess the different approaches and the mechanisms existing within the two regions and highlight obstacles to such sharing: the willingness and ability of Member States. Then, it will assess how these mechanisms fare in terms of human rights. The lack of real protection of personal data constitutes a serious concern in connection with these mechanisms of information sharing. Thus, the paper demonstrates that Member States have started a global rush for information. Yet there are still many challenges to overcome to improve the mechanisms of intelligence and information sharing themselves and to better protect human rights in doing so.","PeriodicalId":38415,"journal":{"name":"Tilburg Law Review-Journal of International and Comparative Law","volume":"9 1","pages":"58-77"},"PeriodicalIF":1.7,"publicationDate":"2015-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22112596-02001007","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64565607","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 : 2015-12-17DOI: 10.1163/22112596-02001008
Konrad Lachmayer
The tensions between transnational data exchange by police authorities as well as intelligence agencies on the one hand and the need for data privacy on the other hand are increasing. The European Union follows an ambivalent approach intensifying data exchange as well as reforming data protection in the context of police and judicial cooperation in criminal matters. Based on eu constitutional law, the cjeu defends privacy rights in the eu. Beyond the European perspective, the paper argues based on a comparison of data privacy in the eu, us and Australia in favour of the establishment and strengthening of international data privacy rights. A more detailed concept of international digital rights would be necessary to address all different issues of data privacy in the context of trans-border surveillance. While intelligence agencies and police cooperation are already linked on a global level, the protection of data privacy is not organized on an international level in an equivalent way.
{"title":"Rethinking Privacy Beyond Borders Developing Transnational Rights on Data Privacy","authors":"Konrad Lachmayer","doi":"10.1163/22112596-02001008","DOIUrl":"https://doi.org/10.1163/22112596-02001008","url":null,"abstract":"The tensions between transnational data exchange by police authorities as well as intelligence agencies on the one hand and the need for data privacy on the other hand are increasing. The European Union follows an ambivalent approach intensifying data exchange as well as reforming data protection in the context of police and judicial cooperation in criminal matters. Based on eu constitutional law, the cjeu defends privacy rights in the eu. Beyond the European perspective, the paper argues based on a comparison of data privacy in the eu, us and Australia in favour of the establishment and strengthening of international data privacy rights. A more detailed concept of international digital rights would be necessary to address all different issues of data privacy in the context of trans-border surveillance. While intelligence agencies and police cooperation are already linked on a global level, the protection of data privacy is not organized on an international level in an equivalent way.","PeriodicalId":38415,"journal":{"name":"Tilburg Law Review-Journal of International and Comparative Law","volume":"20 1","pages":"78-102"},"PeriodicalIF":1.7,"publicationDate":"2015-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22112596-02001008","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64565669","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 : 2015-12-17DOI: 10.1163/22112596-02001006
V. Mitsilegas
The aim of this article is to analyse the main elements of the emergent system of pre-emptive surveillance at a global scale and to assess the consequences of such a system for the protection of privacy. Firstly, the article will provide an analysis of pre-emptive surveillance practices as projected by us and eu law, focusing on the collection and exchange of every day passenger data (pnr), financial data (under the tftp Programme) and mobile telecommunications data. After this mapping of pre-emptive surveillance practices, a critical overview of the impact of these practices on privacy will follow. Thereafter, the article will critically evaluate the legal responses that have been primarily developed in eu law in order to address the privacy challenges posed by pre-emptive surveillance. The aim is to highlight the transformation of the right to privacy by judiciaries in Europe in order to counter generalised, massive pre-emptive surveillance in the eu, the us and globally.
{"title":"The Transformation of Privacy in an Era of Pre-emptive Surveillance","authors":"V. Mitsilegas","doi":"10.1163/22112596-02001006","DOIUrl":"https://doi.org/10.1163/22112596-02001006","url":null,"abstract":"The aim of this article is to analyse the main elements of the emergent system of pre-emptive surveillance at a global scale and to assess the consequences of such a system for the protection of privacy. Firstly, the article will provide an analysis of pre-emptive surveillance practices as projected by us and eu law, focusing on the collection and exchange of every day passenger data (pnr), financial data (under the tftp Programme) and mobile telecommunications data. After this mapping of pre-emptive surveillance practices, a critical overview of the impact of these practices on privacy will follow. Thereafter, the article will critically evaluate the legal responses that have been primarily developed in eu law in order to address the privacy challenges posed by pre-emptive surveillance. The aim is to highlight the transformation of the right to privacy by judiciaries in Europe in order to counter generalised, massive pre-emptive surveillance in the eu, the us and globally.","PeriodicalId":38415,"journal":{"name":"Tilburg Law Review-Journal of International and Comparative Law","volume":"20 1","pages":"35-57"},"PeriodicalIF":1.7,"publicationDate":"2015-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22112596-02001006","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64565596","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 : 2015-12-01DOI: 10.3934/mbe.2015.12.1141
Yangjin Kim, Hans G Othmer
Hybrid models of tumor growth, in which some regions are described at the cell level and others at the continuum level, provide a flexible description that allows alterations of cell-level properties and detailed descriptions of the interaction with the tumor environment, yet retain the computational advantages of continuum models where appropriate. We review aspects of the general approach and discuss applications to breast cancer and glioblastoma.
{"title":"Hybrid models of cell and tissue dynamics in tumor growth.","authors":"Yangjin Kim, Hans G Othmer","doi":"10.3934/mbe.2015.12.1141","DOIUrl":"10.3934/mbe.2015.12.1141","url":null,"abstract":"<p><p>Hybrid models of tumor growth, in which some regions are described at the cell level and others at the continuum level, provide a flexible description that allows alterations of cell-level properties and detailed descriptions of the interaction with the tumor environment, yet retain the computational advantages of continuum models where appropriate. We review aspects of the general approach and discuss applications to breast cancer and glioblastoma. </p>","PeriodicalId":38415,"journal":{"name":"Tilburg Law Review-Journal of International and Comparative Law","volume":"18 1","pages":"1141-56"},"PeriodicalIF":2.6,"publicationDate":"2015-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6437769/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86624165","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2015-09-30DOI: 10.1163/22112596-02002002
M. Storme
{"title":"Introduction to Judicial Law Making","authors":"M. Storme","doi":"10.1163/22112596-02002002","DOIUrl":"https://doi.org/10.1163/22112596-02002002","url":null,"abstract":"","PeriodicalId":38415,"journal":{"name":"Tilburg Law Review-Journal of International and Comparative Law","volume":"20 1","pages":"105-106"},"PeriodicalIF":1.7,"publicationDate":"2015-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22112596-02002002","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64565682","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: 10.1163/22112596-02002004
Valerie Dhooghe, Rosanne Franken, T. Opgenhaffen
This article analyses two aspects of judicial activism at the European Court of Justice. * First, four German landmark cases concerning European law demonstrate the dialogical relationship between the European Union and their member states with regard to judicial activism. Here, the question of whether the interaction between the ECJ and the German Constitutional Court ( das Bundesverfassungsgericht ) has consequences for the amount of judicial activism arises. Second, on the basis of rulings on discrimination law and the internal market law, it is substantiated that activism is not a negative, but a normal feature of the ECJ and that rather judicial restraint constitutes an interesting deviation. Consequently, we conclude that judicial activism at the ECJ is a natural feature in a dialogical context.
{"title":"Judicial Activism at the European Court of Justice: A Natural Feature in a Dialogical Context","authors":"Valerie Dhooghe, Rosanne Franken, T. Opgenhaffen","doi":"10.1163/22112596-02002004","DOIUrl":"https://doi.org/10.1163/22112596-02002004","url":null,"abstract":"This article analyses two aspects of judicial activism at the European Court of Justice. * First, four German landmark cases concerning European law demonstrate the dialogical relationship between the European Union and their member states with regard to judicial activism. Here, the question of whether the interaction between the ECJ and the German Constitutional Court ( das Bundesverfassungsgericht ) has consequences for the amount of judicial activism arises. Second, on the basis of rulings on discrimination law and the internal market law, it is substantiated that activism is not a negative, but a normal feature of the ECJ and that rather judicial restraint constitutes an interesting deviation. Consequently, we conclude that judicial activism at the ECJ is a natural feature in a dialogical context.","PeriodicalId":38415,"journal":{"name":"Tilburg Law Review-Journal of International and Comparative Law","volume":"20 1","pages":"122-141"},"PeriodicalIF":1.7,"publicationDate":"2015-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22112596-02002004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64565816","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: 10.1163/22112596-02002007
M. Bokhorst
In his last book Willem Witteveen added two extra problems to the list of Lon Fuller with eight problems of legislation. There is a lack of autonomy and too much bureaucracy as well. According to Witteveen, government has to stimulate selfregulation to solve these problems. This article reflects on the question what the intended and unintended consequences are of alternative strategies of regulation by the Dutch legislator for the legitimacy of regulation. The meta-analysis of the consequences of the alternative strategies shows that the intended consequences have been partly realised, but that unintended consequences and autonomous effects have occurred as well. Especially the participation on the individual level seems to have been reinforced by the use of liberal deregulation. However, participation on the social level by means of self- and co-regulation has been reinforced much less. Unintendedly, not only sources of participation are improved, but sources of authority as well.
{"title":"Strategies of the Dutch Legislator to Stimulate Autonomy and Decrease Bureaucracy","authors":"M. Bokhorst","doi":"10.1163/22112596-02002007","DOIUrl":"https://doi.org/10.1163/22112596-02002007","url":null,"abstract":"In his last book Willem Witteveen added two extra problems to the list of Lon Fuller with eight problems of legislation. There is a lack of autonomy and too much bureaucracy as well. According to Witteveen, government has to stimulate selfregulation to solve these problems. This article reflects on the question what the intended and unintended consequences are of alternative strategies of regulation by the Dutch legislator for the legitimacy of regulation. The meta-analysis of the consequences of the alternative strategies shows that the intended consequences have been partly realised, but that unintended consequences and autonomous effects have occurred as well. Especially the participation on the individual level seems to have been reinforced by the use of liberal deregulation. However, participation on the social level by means of self- and co-regulation has been reinforced much less. Unintendedly, not only sources of participation are improved, but sources of authority as well.","PeriodicalId":38415,"journal":{"name":"Tilburg Law Review-Journal of International and Comparative Law","volume":"52 1","pages":"168-179"},"PeriodicalIF":1.7,"publicationDate":"2015-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22112596-02002007","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64565879","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: 10.1163/22112596-02002005
Siel Demeyere, J. Beke, R. Dietvorst
In this article, the interpretation methods used by the United States Supreme Court are studied. We will discuss the interpretation methods used by the Court in the Obamacare case, in abortion cases and in Alien Torts Statute cases. This analysis concludes by asserting the Court is very eclectic in the interpretation methods it uses, although consequential reasoning is most often relied upon.
{"title":"Interpretation Methods in the US Supreme Court: Study of Obamacare, Abortion Cases and Alien Torts Statute Cases","authors":"Siel Demeyere, J. Beke, R. Dietvorst","doi":"10.1163/22112596-02002005","DOIUrl":"https://doi.org/10.1163/22112596-02002005","url":null,"abstract":"In this article, the interpretation methods used by the United States Supreme Court are studied. We will discuss the interpretation methods used by the Court in the Obamacare case, in abortion cases and in Alien Torts Statute cases. This analysis concludes by asserting the Court is very eclectic in the interpretation methods it uses, although consequential reasoning is most often relied upon.","PeriodicalId":38415,"journal":{"name":"Tilburg Law Review-Journal of International and Comparative Law","volume":"20 1","pages":"142-160"},"PeriodicalIF":1.7,"publicationDate":"2015-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22112596-02002005","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64565827","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: 10.1163/22112596-02002003
Ilona Bierkens, Caia Vlieks
In the spirit of Professor Willem Witteveen and his academic fondness for judicial lawmaking, this article analyses the methods of lawmaking by the European Court of Human Rights in ‘hard cases’. To this end, a case study on the ‘hard’ topics of euthanasia and assisted suicide is conducted in light of the question whether hard cases make ‘bad law’. To answer this question, different cases on euthanasia and assisted suicide and the reception of these cases are considered. The analysis demonstrates that the Court appears to adhere to its established methods of interpretation when deciding cases concerning euthanasia and assisted suicide, particularly evidenced by the use of the margin of appreciation. When considering the application of the margin of appreciation by the Court in the selected cases, as well as the lack of consensus among Member States in these cases, it appears that the Court’s interpretations cannot be classified as bad law.
{"title":"Methods of Lawmaking of the European Court of Human Rights: Do Hard Cases make Bad Law? A Case Study","authors":"Ilona Bierkens, Caia Vlieks","doi":"10.1163/22112596-02002003","DOIUrl":"https://doi.org/10.1163/22112596-02002003","url":null,"abstract":"In the spirit of Professor Willem Witteveen and his academic fondness for judicial lawmaking, this article analyses the methods of lawmaking by the European Court of Human Rights in ‘hard cases’. To this end, a case study on the ‘hard’ topics of euthanasia and assisted suicide is conducted in light of the question whether hard cases make ‘bad law’. To answer this question, different cases on euthanasia and assisted suicide and the reception of these cases are considered. The analysis demonstrates that the Court appears to adhere to its established methods of interpretation when deciding cases concerning euthanasia and assisted suicide, particularly evidenced by the use of the margin of appreciation. When considering the application of the margin of appreciation by the Court in the selected cases, as well as the lack of consensus among Member States in these cases, it appears that the Court’s interpretations cannot be classified as bad law.","PeriodicalId":38415,"journal":{"name":"Tilburg Law Review-Journal of International and Comparative Law","volume":"20 1","pages":"107-121"},"PeriodicalIF":1.7,"publicationDate":"2015-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22112596-02002003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64565740","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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