Suchergebnisse

This volume of essays, together with its companion Creating the Child: The Ethics, Law and Practice of Assisted Procreation (Martinus Nijhoff, The Hague, 1996, ISBN 90-411-0207-8) is the result of a concerted action in the BIOMED programme of the European Commission, which was coordinated by the Editor. Clinicians, lawyers and philosophers explore the theoretical and practical problems presented by the new technologies in assisted human reproduction in Eastern, Central and Western Europe. The central question of the status of the human embryo is examined in the light of recent biological discoveries and cultural and legal dissonance within and between the various countries in Europe

The ITLOS advisory opinion does little to resolve the long-standing uncertainty regarding the legal status of marine geoengineering activities. On the contrary, the opinion raises more questions than it answers. ITLOS seems content to leave those questions to others. Indeed, in the advisory opinion, ITLOS noted that "marine geoengineering has been the subject of discussions and regulations in various fora," including the London Convention and Protocol. But after nearly twenty years, the regulatory framework for marine geoengineering adopted by the parties to the London Convention and Protocol is still not, strictly speaking, legally binding. Perhaps the advisory opinion will spur the parties into action.

The rule of law crisis in Poland consists of several elements – undermining the independence of courts, politicization of disciplinary proceedings against judges, and lack of legal certainty. None of them, however, raises so many doubts and concerns as the status of judges appointed or promoted upon the request of the politically captured National Council of Judiciary (NCJ).
In this blog post, we analyse the diverse composition of the group of judges appointed or promoted upon the motion of the NCJ from 2018. We also discuss the relevant jurisprudence of national and international courts and the current state of debate concerning this problem and possible solutions.

AbstractThe past two decades have witnessed a fundamental change in how tax administrations are organized, from agencies within a ministry with little autonomy to organizations outside the institutional public service with separate legal status. This paper analyzes how a switch to a more autonomous tax administration affects a country's optimal tax system, consisting of the tax rate and the tax administration's effectiveness. I show that the creation of a more autonomous tax administration can have the unintended effect of dwarfing the tax administration's incentive to collect taxes in developing countries, adding a novel reason for the low tax revenue collections in developing countries.

In the second half of the 16th century, the Franciscans ended up arguing that the Indians were only "minors", and their care and guidance belonged them. This idea had nothing to do with previous concepts or with reality. The Indian revealed to them as a lazy, ignorant, and vicious being who could not govern himself. The semantic burden imposed by the Franciscans would be complemented by other paternalistic postures that reduced the American Indian to an uneducated, barbaric and naive individual on which his legal status in Indian legislation was based, as so many historical prejudices that still weigh on his condition.

AbstractThe paper examines the determinants of social and financial performance of microfinance institutions using a database obtained from the MIX, consisting of 79 MFIs from the MENA region. The results reveal the existence of a possible trade‐off between profitability and outreach since MFI, oriented toward female borrowers, are likely to be less profitable than others. Another interesting finding is that non‐profit non‐governmental organizations (NGO) perform better in operational self‐sufficiency than MFIs with a different legal status. Overall, the specific institutional variables and macroeconomic factors appear to be critical determinants of the social and financial performance of MFIs.

In this short paper, we apply a queer lens to challenge the current parameters of protracted refugee situations (PRS), as outlined in international legal instruments, by drawing on stories of internally displaced persons (IDPs) in the Philippines affected by the Zamboanga Siege in 2013. We argue that PRS is not a status that displaced individuals transition in and out of, and that the reliance on nation-states to implement international protections can exacerbate the already tenuous situations of IDPs. The perception of prolonged displacement lingers well beyond traditional durable solutions of return, local integration, and resettlement, shaping IDPs' longing for home.

The deconstruction of the binary sex-gender system that sustains modern western states demands the deconstruction of its dichotomies and their excluding effects on non-normative identities. This demands in turn that gender self-determination be recognised as a right. In Spain this right has been given constitutional status (STC 99/2019), yet it is currently not articulated in legislation. Proposals of a new legal framework have met with resistance and an ensuing need for compromise. Unless it grasps and upholds the full constitutional extent of the right to gender self-determination, however, legislation risks being born both unconstitutional and obsolete, out of pace with social demands.

The deconstruction of the binary sex-gender system that sustains modern western states demands the deconstruction of its dichotomies and their excluding effects on non-normative identities. This demands in turn that gender self-determination be recognised as a right. In Spain this right has been given constitutional status (STC 99/2019), yet it is currently not articulated in legislation. Proposals of a new legal framework have met with resistance and an ensuing need for compromise. Unless it grasps and upholds the full constitutional extent of the right to gender self-determination, however, legislation risks being born both unconstitutional and obsolete, out of pace with social demands.

This research aims to look at the potential of government revenue through taxes on digital currencies or better known as cryptocurrencies and against digital assets called NFT. With normative research methods to analyze how cryptocurrencies and digital assets (NFT) should be taxed at low or high tax rates. In addition to understanding cryptocurrency taxation policies as well as NFT, the study also looked at the taxation policies of various countries on cryptocurrencies and digital assets. Each country has different guidelines and considerations for the legal status and policies of the regulation of cryptocurrencies and NFT. There is no consensus between countries about this.

Criminalization is the primary societal response to intimate partner violence in the US. This reliance on criminal legal system interventions ignores several unintended consequences. One of the serious unintended consequences of criminalization — perhaps the most serious unintended consequence — has been the increased rates of arrest, prosecution, conviction, and incarceration of those whom criminalization was meant to protect: victims of intimate partner violence. Criminalized survivors follow a variety of pathways into the carceral system, which fails to recognize their status as victims of violence and punishes them for failure to conform to victim stereotypes as well as for their acts.

The scale, pace, and intensity of human activity on the planet demands radical departures from the status quo to remain within planetary boundaries and achieve sustainability. The steering arms of society including embedded financial, legal, political, and governance systems must be radically realigned and recognize the connectivity among social, ecological, and technological domains of urban systems to deliver more just, equitable, sustainable, and resilient futures. We present five key principles requiring fundamental cognitive, behavioral, and cultural shifts including rethinking growth, rethinking efficiency, rethinking the state, rethinking the commons, and rethinking justice needed together to radically transform neighborhoods, cities, and regions.

The aim of this article is twofold: first, to show, through a brief historical overview of the European Union (EU) and the European Atomic Energy Community (Euratom) in particular, why the latter has achieved a controversial status and is yet unlikely to be reformed by the Member States (MS). The second is to illustrate that, despite this deadlock, the Euratom Treaty has undergone a change in legal significance, driven in particular by the case law of the European Court of Justice (ECJ), with the result that conflicts between the two Treaty regimes are almost completely avoided. ; final draft ; peerReviewed

Economic migration is on the rise. It generates forms of temporary migration, which differ from both traditional settler migration and the status and needs of refugees. How should liberal-democratic societies respond to those new demands on immigration? Christine Chwaszcza develops an innovative transnational normative framework that integrates debates on citizenship, democracy and post-national justice, in order to address questions concerning access to host societies, democratic inclusion, and family migration. She proposes a liberal-democratic approach that steers a middle course between cosmopolitanism and national closure. The book adresses readers from Political and Legal Philosophy, Social and Political Theory.

The scale, pace, and intensity of human activity on the planet demands radical departures from the status quo to remain within planetary boundaries and achieve sustainability. The steering arms of society including embedded financial, legal, political, and governance systems must be radically realigned and recognize the connectivity among social, ecological, and technological domains of urban systems to deliver more just, equitable, sustainable, and resilient futures. We present five key principles requiring fundamental cognitive, behavioral, and cultural shifts including rethinking growth, rethinking efficiency, rethinking the state, rethinking the commons, and rethinking justice needed together to radically transform neighborhoods, cities, and regions. ; Peer reviewed