{"title":"Planning the Energy Transition: A Comparative Examination of Large-Scale Solar Energy Siting on Agricultural Land in Australia","authors":"Madeline Taylor","doi":"10.36633/ulr.814","DOIUrl":"https://doi.org/10.36633/ulr.814","url":null,"abstract":"","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69670801","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}
{"title":"Mitigating the Risk of Failure: Legal Accountability for International Carbon Markets","authors":"Baine P. Kerr","doi":"10.36633/ulr.810","DOIUrl":"https://doi.org/10.36633/ulr.810","url":null,"abstract":"","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69670680","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}
{"title":"(Re)framing Responsibility? Assessing the Division of Burdens Under the EU Carbon Border Adjustment Mechanism","authors":"Natalie L. Dobson","doi":"10.36633/ulr.808","DOIUrl":"https://doi.org/10.36633/ulr.808","url":null,"abstract":"","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69670776","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}
{"title":"Climate-Induced Wildfires and Strengthening Resilience in Electricity Infrastructure","authors":"R. Lyster, D. Farber, Rory R. McFadden","doi":"10.36633/ulr.812","DOIUrl":"https://doi.org/10.36633/ulr.812","url":null,"abstract":"","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":"239 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69670760","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}
{"title":"Editorial: Special Issue Managing Responsibilities for Climate Change Risks","authors":"Katherine Owens, Natalie L. Dobson","doi":"10.36633/ulr.886","DOIUrl":"https://doi.org/10.36633/ulr.886","url":null,"abstract":"","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69672562","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}
This article examines the principle of non-retroactive application of law, which prohibits the application of law to events that took place before the law was introduced. The application of this principle has become particularly controversial as states adopt stricter regulations to tackle climate change with retroactive effect, and investors challenge such regulations before international courts and tribunals. In the context of criminal law, the principle is widespread and has become a binding norm of international law. However, a survey of domestic jurisdictions and decisions of international courts and tribunals shows that that there is no general principle of international law which forbids the retroactive application of administrative law. Despite pronouncements of some international courts and tribunals to the contrary, states can conclude treaties and adopt administrative regulations with retroactive effect to pursue legitimate public policy objectives.
{"title":"Non-Retroactivity as a General Principle of Law","authors":"Yarik Kryvoi, Shaun Matos","doi":"10.36633/ULR.604","DOIUrl":"https://doi.org/10.36633/ULR.604","url":null,"abstract":"This article examines the principle of non-retroactive application of law, which prohibits the application of law to events that took place before the law was introduced. The application of this principle has become particularly controversial as states adopt stricter regulations to tackle climate change with retroactive effect, and investors challenge such regulations before international courts and tribunals. In the context of criminal law, the principle is widespread and has become a binding norm of international law. However, a survey of domestic jurisdictions and decisions of international courts and tribunals shows that that there is no general principle of international law which forbids the retroactive application of administrative law. Despite pronouncements of some international courts and tribunals to the contrary, states can conclude treaties and adopt administrative regulations with retroactive effect to pursue legitimate public policy objectives.","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2021-05-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43272860","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}
Tobacco products are heavily regulated because, in particular, of their acknowledged harmfulness to health, with highly elevated prices as one of the most important means of discouraging consumption. One of the most serious threats to the effectiveness of the tobacco policy comes from the trafficking of illicit tobacco, which is much cheaper, often of lower quality, and which reduces state and EU revenues. The achievement of tobacco policy objectives, in particular the combatting of illicit tobacco trade, depends on the participation of private actors, amongst which big industry plays a crucial role. Yet, the legal landscape of enforcement duties of the tobacco industry is a patchwork of instruments, unevenly affecting different players. In particular it includes controversial agreements between the major tobacco producers and the EU and Member States, to which three out of four major producers are subject. The agreement with the fourth – PMI – was not extended by the Commission in 2016. The decision as to the extension of the remaining agreements is looming. The objective of this article is to analyse the framework of duties of the tobacco industry in the enforcement of the tobacco policy, especially against illicit tobacco, and to reflect on whether the enforcement model, including the agreements with the tobacco producers, should be kept or abandoned.
{"title":"Role of the Industry in the Enforcement of the Tobacco Policy","authors":"S. Tosza","doi":"10.36633/ULR.611","DOIUrl":"https://doi.org/10.36633/ULR.611","url":null,"abstract":"Tobacco products are heavily regulated because, in particular, of their acknowledged harmfulness to health, with highly elevated prices as one of the most important means of discouraging consumption. One of the most serious threats to the effectiveness of the tobacco policy comes from the trafficking of illicit tobacco, which is much cheaper, often of lower quality, and which reduces state and EU revenues. The achievement of tobacco policy objectives, in particular the combatting of illicit tobacco trade, depends on the participation of private actors, amongst which big industry plays a crucial role. Yet, the legal landscape of enforcement duties of the tobacco industry is a patchwork of instruments, unevenly affecting different players. In particular it includes controversial agreements between the major tobacco producers and the EU and Member States, to which three out of four major producers are subject. The agreement with the fourth – PMI – was not extended by the Commission in 2016. The decision as to the extension of the remaining agreements is looming. The objective of this article is to analyse the framework of duties of the tobacco industry in the enforcement of the tobacco policy, especially against illicit tobacco, and to reflect on whether the enforcement model, including the agreements with the tobacco producers, should be kept or abandoned.","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2021-05-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49084044","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}
Over the past few decades, child sexual abuse (‘CSA’) has become recognized as a serious and major problem in modern societies. Consequently, a common denominator in modern government policy is that CSA must be criminalized and pro-actively enforced. However, if national authorities are to be able to enforce, knowledge about the abuse is essential. Yet the disclosing of information to the authorities is hampered by the hidden nature of the offence. According to the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (Lanzarote) and EU Directive 2011/93 on combating the sexual abuse and sexual exploitation of children, Member States should ‘encourage any person’ who knows about or suspects CSA to report this to the relevant authorities. To encourage such disclosure, several European governments have introduced mandatory reporting systems imposing a (non-criminal) duty on designated professionals to report information about or suspicions of CSA to the competent authorities. This article examines whether introducing a criminal duty to report CSA could be recommendable for the European Union or the Council of Europe in order to improve Member States’ knowledge of CSA and thus protect children more effectively against this type of violence. Using the outcomes of our recent study into the possibilities and impossibilities of extending the present Dutch criminal duty (aangifteplicht) to report rape, we argue that a criminal duty to report CSA is not recommendable as a means to encourage CSA disclosure by third parties.
{"title":"‘Mind the (Knowledge) Gap’: Towards a Criminal Duty to Report Child Sexual Abuse?","authors":"R. Kool, S. Kerssies, Tessa van der Rijst","doi":"10.36633/ULR.589","DOIUrl":"https://doi.org/10.36633/ULR.589","url":null,"abstract":"Over the past few decades, child sexual abuse (‘CSA’) has become recognized as a serious and major problem in modern societies. Consequently, a common denominator in modern government policy is that CSA must be criminalized and pro-actively enforced. However, if national authorities are to be able to enforce, knowledge about the abuse is essential. Yet the disclosing of information to the authorities is hampered by the hidden nature of the offence. According to the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (Lanzarote) and EU Directive 2011/93 on combating the sexual abuse and sexual exploitation of children, Member States should ‘encourage any person’ who knows about or suspects CSA to report this to the relevant authorities. To encourage such disclosure, several European governments have introduced mandatory reporting systems imposing a (non-criminal) duty on designated professionals to report information about or suspicions of CSA to the competent authorities. This article examines whether introducing a criminal duty to report CSA could be recommendable for the European Union or the Council of Europe in order to improve Member States’ knowledge of CSA and thus protect children more effectively against this type of violence. Using the outcomes of our recent study into the possibilities and impossibilities of extending the present Dutch criminal duty (aangifteplicht) to report rape, we argue that a criminal duty to report CSA is not recommendable as a means to encourage CSA disclosure by third parties.","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2021-05-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43568867","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}
This document was developed following research and debates of the Network of Presidents of the Supreme Judicial Courts of the European Union. The document is intended to support the courts in this network in a practical way when considering and implementing the use of comparative law in the decision of a case pending before their court. Without pretention of completeness or scientific reliability, it summarizes the decisions to be made and the dilemmas to be solved by the Supreme Courts in this process. It mentions viewpoints which may be relevant when making choices at crossroads in the decision-making process. In addition, it gives practical information for this process, inspired by useful practices amongst the member courts of the network.
{"title":"Roadmap on Comparative Law in the Case-Law and Practice of the Supreme Courts of the EU","authors":"Maarten Feteris","doi":"10.36633/ULR.692","DOIUrl":"https://doi.org/10.36633/ULR.692","url":null,"abstract":"This document was developed following research and debates of the Network of Presidents of the Supreme Judicial Courts of the European Union. The document is intended to support the courts in this network in a practical way when considering and implementing the use of comparative law in the decision of a case pending before their court. Without pretention of completeness or scientific reliability, it summarizes the decisions to be made and the dilemmas to be solved by the Supreme Courts in this process. It mentions viewpoints which may be relevant when making choices at crossroads in the decision-making process. In addition, it gives practical information for this process, inspired by useful practices amongst the member courts of the network.","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2021-05-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45238637","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}
The right to have one’s case heard within reasonable time constitutes one component of an effective judicial protection. The aim of this paper is to establish the reasons for delays in proceedings before the Supreme Administrative Courts in the Czech Republic and in Poland, to analyze why they exist, and to formulate proposals on how the structural and procedural activity of these courts could be organized more effectively. The international and national standards as well as the Polish and the Czech standards pertaining to the right to have one’s case heard within reasonable time and the reasons for unjustified delays will be examined, and the explanations for their occurrence will be provided. Proposals will then be formulated on how to make the procedures more effective. The ideas formulated are relevant in both countries for the two judicial systems, but also for other judiciaries, which also experience the same problems with system delays.
{"title":"A Right to Have One’s Case Heard within a Reasonable Time before the Czech and the Polish Supreme Administrative Courts – Standards, the Reality and Proposals for the Future","authors":"Wojciech Piątek, L. Potěšil","doi":"10.36633/ULR.586","DOIUrl":"https://doi.org/10.36633/ULR.586","url":null,"abstract":"The right to have one’s case heard within reasonable time constitutes one component of an effective judicial protection. The aim of this paper is to establish the reasons for delays in proceedings before the Supreme Administrative Courts in the Czech Republic and in Poland, to analyze why they exist, and to formulate proposals on how the structural and procedural activity of these courts could be organized more effectively. The international and national standards as well as the Polish and the Czech standards pertaining to the right to have one’s case heard within reasonable time and the reasons for unjustified delays will be examined, and the explanations for their occurrence will be provided. Proposals will then be formulated on how to make the procedures more effective. The ideas formulated are relevant in both countries for the two judicial systems, but also for other judiciaries, which also experience the same problems with system delays.","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2021-05-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45972914","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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