bluuebunny/crossref_metadata_2025 huggingface dataset:
Belgian Law: Bibliographic Guide to Reference Materials, 1830–1990
Authors: Verbeke Christian F.
Published: March 2019

No unified or codified Belgian system of law existed before the French Revolution, as each county, principality or region had in effect its own set of laws, and one does therefore before 1795 refer to Flemish, Brabant, Liège, Namur, Waesland, etc. laws, or to specific customary laws of cities, e.g. Ghent, Bruges, Antwerp, or of smaller towns, e.g. the customs of Alost, Eekloo, or the Judgements of Damme (for maritime law), to name but a few; these so-called coutumiers were published in both the French and Flemish (Dutch) languages.
Global Compilation of National Legislation Against Racial Discrimination
Authors: Schaaf Robert W.
Published: March 2019

The united nations recently issued a compilation of national legislation against racial discrimination. The publication, which has a 1991 imprint, bears the title: Second Decade to Combat Racism and Racial Discrimination: Global Compilation of National Legislation against Racial Discrimination. This volume covers 205 pages and carries the symbol: HR/PUB/90/8.

The Charter of the United Nations, which was signed in June 1945 at San Francisco, entrusts the UN with promoting and ensuring respect for human rights and fundamental freedoms “for all without distinction as to race, sex, language or religion.” The General Assembly, in one of its first resolutions, declared in 1946 “that it is in the higher interests of humanity to put an immediate end to religious and so-called racial persecution and discrimination.” The Universal Declaration of Human Rights, adopted by the General Assembly December 10, 1948, is the most fundamental human rights instrument adopted by the United Nations. Since that time there have been numerous conventions and declarations aimed specifically at eliminating racial discrimination. These include the Declaration and International Convention on the Elimination of All Forms of Racial Discrimination, adopted November 20, 1963 and December 21, 1965, respectively, and the Convention on the Suppression and Punishment of the Crime of Apartheid, adopted November 30, 1973.
Why Rare Books in a Modern Law Library?
Authors: Modéer Kjell Å.
Published: March 2019

There are several ways to define what is meant by a rare book:

• It can be rare because of its unique provenence. With help of exlibris, signatures or other annotations you can identify the owner or owners of the book. The owner may make the book rare.
Research and Analytical Services for National Legislatures: A Preliminary Analysis
Authors: Robinson William H.
Published: March 2019

Currently available data on legislative research and analytical services are skimpy and contradictory, largely because of incomplete definitions about what constitutes “research” in a parliamentary setting and also because of the many actors that may be engaged in the enterprise.

This paper represents a preliminary step in ascertaining more accurately the extent and location of research services operating in legislatures. It is drawn from a survey designed to obtain broader coverage of research units that may be based outside the parliamentary library, and offers brief vignettes describing several research services to illustrate the variety of such activities and settings.
The Internet and Chinese Law Materials (http://www.lib.unimelb.edu.au/collections/asian/Internet-Law-Chi-Resources.html)
Authors: Yeung Bick-Har
Published: March 2019

This paper attempts using Internet as a means to access and explore information and resources all around the world for Chinese law materials. Topics discussed cover the Internet development in China, Chinese character coding system, Chinese softwares, search engines and some useful Chinese Studies WWW sites for research purposes. It is intended for people who use the Internet for research, and would like to gain more knowledge on the Chinese law resources provided by the Internet.
Problems in the Conservation of Australian Wildlife
Authors: Kay David
Published: March 2019

Australia has a unique heritage in its wildlife - so much so that it has become a part of our folklore and national identity. The rest of the world has come to know and recognise us through our wildlife symbols.
Mixed Jurisdictions and Convergence: Scotland
Authors: MacQueen Hector L
Published: March 2019

There is an independent Scottish legal system today because, until the Union of the English and Scottish Crowns in 1603 and the Union of the Parliaments of the two countries in 1707, Scotland was an independent sovereign state. When King James VI of Scotland became James I of England and Great Britain in 1603, there was considerable interest in the possibility of establishing a single legal system for the newly united kingdoms, while during the Cromwellian interlude of the 1650s the possibility moved some way towards actuality. But the 1707 Act of Union showed a recognition that the establishment of a single legal system and body of law for the whole of the United Kingdom was not really a practical proposition, in articles which remain the formal basis for the continuing existence and independence of the Scottish law and legal system. Article XVIII provided for the continuation of Scots law after the Union, excepting only the ‘Laws concerning Regulation of Trade, Customs and … Excises', which were to ‘be the same in Scotland, from and after the Union, as in England.’ Change to Scots law was allowed under the Article, but in matters of ‘private right’ such change had to be for the ‘evident utility’ of the Scottish people. Only in matters of ‘public right’ might the aim be simply to make the law the same throughout the United Kingdom. Article XIX laid down that the principal Scottish courts, the Court of Session and the High Court of Justiciary, should ‘remain in all time coming’ as they were then constituted, and further provided that Scottish cases were not to be dealt with by the English courts ‘in Westminster-hall’ (which likewise continued to exist post-Union).
The Coming together of the Nations of Europe: Sources of Information
Authors: Eklof Tony
Published: March 2019

The title of this paper comes from the famous ‘Schuman Declaration’ of 1950, which signaled the placing of Franco-German production of coal and steel under a single High Authority. It is quite astonishing that from this humble beginning, evolved the European Union of today. The phrase takes on new relevance as the Treaty of Nice paves the way for the biggest single enlargement of the European Union. The current Treaty, completes the Intergovernmental Conference which began in February, 2000. The founding treaties, signed in Paris and Rome in 1951 and 1957 respectively, and the amending treaties, most notably the Treaty on European Union, (Maastricht), and the Treaty of Amsterdam, form the Constitution of the European Union. It is important to note that while the earlier treaties concentrated on economic integration, the later treaties have shifted towards political questions. Bibliographic references to the various treaties have become quite complicated because the Treaty of Amsterdam brought about a renumbering of the articles to both the Treaty on European Union (EU) and the Treaty establishing the European Community (EC).
The Evolution and Establishment of the International Criminal Court (ICC)
Authors: Vigorito Rosaria
Published: March 2019

On July 17, 1998, the world community voted on the Rome Statute for the International Criminal Court (ICC,) which, if ratified by 60 countries, would establish for the first time in history, a permanent international criminal tribunal. The outcome was an overwhelmingly favorable vote, with 120 countries voting in favor, 21 abstentions, and 7 countries, including the United States, against. The idea of an international criminal court appeared to be in the making.
Enlightened Decision Making
Authors: Stoffel Walter A.
Published: March 2019

One distinctive feature of comparative law is the ongoing inquiry into the social usefulness of the discipline and the almost constant redefinition of the very object of its (scientific) research. Since the Paris Congress of 1900, comparative law seems to have inspired a vague sense of guilt in those who study it. No other legal discipline exhibits such a strong desire to justify its existence, with the possible exception of Roman Law.
Electronic Law Journals
Authors: Christiansen Caroline
Published: March 2019

This contribution to the IALL Annual Course 2001 focuses on electronic law journals, an issue that doesn't seem to arouse much interest in either the Serials Community or the Legal Community. Electronic law journals are hardly ever mentioned by the Serials Community, which seems more occupied with scientific, technical and medical (STM) electronic journals than with journals from other disciplines. Electronic law journals don't attract many comments from the Legal Community either. There has been in the past few years an occasional focus on the topic, but it aimed essentially at proving that electronic journals in law had no particular reasons to survive the era of electronic self-publication. As such however, the phenomenon of electronic journals is rarely addressed by the professionals of legal information.
Their Liberties, Our Security Democracy and Double Standards
Authors: Cole David
Published: March 2019

To those who pit Americans against immigrants and citizens against non-citizens, to those who scare peace-loving people with phantoms of lost liberty, my message is this: Your tactics only aid terrorists, for they erode our national unity and diminish our resolve. They give ammunition to America's enemies, and pause to America's friends.

—Attorney General John Ashcroft, 6 December 2001
A Survey of Major Law Libraries Around the World
Authors: Gee David
Published: March 2019

The global development of legal information needs and services has continued to stimulate much professional discussion in recent years. This detailed report, and the comparative assessments and analysis it aims to provide, follow from one of the first global surveys of major law libraries around the world to take account of the present period of challenges and change. The report analyses the results of a comprehensive survey of 124 major law libraries world wide undertaken from April to June 2012 - extending a methodology involving both quantitative and qualitative approaches which has proved successful in my previous research on the activities of law libraries across the UK. It is hoped that this comparative data and analysis (gathered from the activities, ambitions and concerns of law libraries in the real world) will provide a useful snapshot of current research support services, capture emerging trends and new service initiatives and encourage major law libraries to develop their services by providing helpful benchmarking and best practice information.
Scholarly Chinese Legal Works in the Vernacular: A Selective Topical Treatise Finder (Part II)
Authors: Ma Evelyn
Published: March 2019

Part I of the two-part selective treatise finder published earlier in the International Journal of Legal Information focuses on scholars, legislators and jurists who have contributed to the scholarship in the field of constitutional law, the development of rule of law in China as well as in administrative law and procedure. Part II of the article focuses on those who have been instrumental in the development of legislation relating to civil law as well as criminal law and procedure from the late 1970's to date.
Cautious But Engaged—An Empirical Study of the Australian High Court's Use of Foreign and International Materials in Constitutional Cases
Authors: Arcioni Elisa , McLeod Andrew
Published: March 2019

The issue of whether constitutional courts should refer to foreign law has become the subject of debate and discussion around the world. In the US in particular, a heated judicial and academic debate on the issue has spilled into a political controversy extending to the introduction of federal and State Bills to prohibit judicial citation of foreign law and to Congressional proposals for such citation to be an impeachable offence. The use of foreign law, for some, is in tension with national sovereignty: one Congressman claimed that citation amounted to a surrender of lawmaking ‘to the control of foreign courts and foreign governments', and potentially represented the start of an internationalist slide in foreign policy and security and military strategy as well. However, these normative debates about foreign law play at best a muted role in Australian jurisprudential and political life, and we do not directly engage with them here. Rather, we consider to what extent, andhow, Australian High Court judges engage with foreign and international legal materials in constitutional cases. In this article we track the frequency of citation in constitutional cases and provide a substantive analysis of the ways in which those materials are used.
Argentine Constitutional Law. An Overview
Authors: Grosman Lucas S.
Published: March 2019

The Argentine Constitution was adopted in 1853 after years of domestic turmoil which ended with the defeat of Juan Manuel de Rosas, an authoritarian caudillo from the Province of Buenos Aires, by Justo José de Urquiza y García. This Constitution, with the amendments that will be explained below, still remains in force.
International Organization Documentation
Authors: Schaaf Robert W.
Published: March 2019

Among the more interesting international publications that have come to the writer's attention recently is a five-volume set of Staff Regulations and Staff Rules of Selected International Organizations compiled by the World Bank Administrative Tribunal in Washington, D.C. As explained in the preface by the editor and Executive Secretary of the Tribunal, C.F. Amerasinghe, a need was felt to have ready access to a collection of staff regulations and rules in order to be able to compare administrative problems and situations in different international organizations. Thus, an effort was made to secure pertinent documents from both universal and regional intergovernmental agencies. The collection was made particularly for the judges of the World Bank Administrative Tribunal, but with the hope that the material would also be useful to others interested in international administrative law. The first four volumes were issued in January 1983; additional material subsequently became available and a fifth volume was issued in May 1983. The first volume (353 p.) includes reproductions of the regulations and rules of the United Nations, the World Health Organization, the International Fund for Agricultural Development, and the Inter-American Development Bank. Volume II (397 p.) covers Unesco, the International Atomic Energy Agency, the Council of Europe, and the African Development Bank. Volume III (276 p.) covers the Intergovernmental Maritime Consultative Organization (which became the International Maritime Organization in 1982), the Food and Agriculture Organization of the United Nations, the International Civil Aviation Organization, and the Organization of American States. Volume IV (313 p.) covers the European Communities and the International Labor Organization. Volume V (369 p.) is devoted exclusively to the Organization for Economic Cooperation and Development. In every instance the rules are as up to date as could be obtained, and the introductory remarks in each volume provide brief details on the currency of the materials as well as information on major variations in the regulations of the organizations included. Because IGO staff regulations are difficult to obtain, this collection is a valuable work. The volumes are available free of charge as long as the supply lasts and may be ordered from the Office of the Executive Secretary, World Bank Administrative Tribunal, 1818 H Street, N.W., Washington, D.C. 20433.
Collections Management Criteria of the United Nations and Specialized Agencies Collections in the DAG Hammarskjold Library
Authors: Leneman Nina K.
Published: March 2019

The Dag Hammarskjold Library, being the main library of the United Nations system in view of its location at United Nations Headquarters in New York, has the unique responsibility of keeping a complete archival collection of all publications and documents issued by the United Nations, including its main and subsidiary organs and bodies. It maintains as well, comprehensive depository collections of the documentation of each of the specialized agencies and a selection of publications of United Nations and specialized agencies affiliated bodies. The Library also has a fairly complete collection of publications and documents of the League of Nations, in addition to the Woodrow Wilson Collection of books and pamphlets about the League and its period of history.
New Developments in Copyright Protection of Computer Software
Authors: Samuels Linda B. , Samuels Jeffrey M.
Published: March 2019

The scope of copyright protection for computer programs has proven to be a vexing issue for the courts. Over the past year, several courts focused on the issue and reached different results. This article will give background and then review and comment upon the newest decisions.
Immigration Reform and the Simpson-Rodino Act: A Legislative History of the Immigration Reform and Control Act of 1986 (P.L. 99-603) With Related Documents and Secondary Sources
Authors: Reams Bernard D. , Nelson Mary Ann
Published: March 2019

The purpose of this bibliography is to provide the researcher with a listing of all the necessary documents for an exhaustive legislative history of the Immigration Reform and Control Act of 1986 as amended. Because the Act has its foundations in both legislative and executive studies, as well as reports and activities from previous Congresses, this compilation extends back to the 91st Congress (1970-1971). A bibliography of relevant readings is provided to give the researcher additional background information. The bibliography extends back to 1978. Additional citations to periodical articles from 1970-1977 can be found in Document No. 201.
Bibliographic Checklist on International Law Research: Eastern European Countries
Authors: Popa Radu D.
Published: March 2019

Doing research in international law for the countries of Eastern Europe is very often frustrating, time consuming and eventually fruitless. One of the reasons is the language barrier; another is the scarcity of clear, reliable sources, even in the vernacular languages of those countries; finally, there is always considerable delay in receiving legal information for Eastern Europe. In compiling the present research guide I have tried to take into account all these discouraging factors and offer a new perspective to the user, an optimistic one rather than pessimistic one. Therefore, I included only English language sources, produced in the United States and Western Europe, because they tend to be widely available, reliable and generally up to date. By doing so I hope to dispel the reluctance that American lawyers, law teachers and students have about materials in languages other than English.
A Bibliography of Articles in non-Scandinavian Languages 1963—1993 in Norwegian Legal Festschriften
Authors: Kongshavn Halvor
Published: March 2019

This bibliography contains contributions written in non-Scandinavian languages in Norwegian legal festschriften 1870–1993. For this period I have registered 69 legal festschriften. Thirteen contain contributions in non-Scandinavian languages.

These thirteen festschriften are listed first alphabetically, then the articles - systematically and alphabetically – with reference to the festschrift (e.g. «Castberg (1963)» refers to «Festskrift til Frede Castberg…»). Some articles are listed twice (some even three times) in the systematical list. Articles with two or three authors can be found under each author's name in the alphabetical list.
A Uniform International Citation System? Pros and Cons on the Background of the German Experience
Authors: Gödan Jürgen Christoph
Published: March 2019

The use of abbreviations saves considerable time and space. This translates into savings in costs. However, one unfamiliar with abbreviations will lose considerable time in searching for their meanings.
Civil Law Collections on Microfiche
Authors: Combe David A.
Published: March 2019

The tomb of Napoleon inspires awe and reverence from its very nature: directly under the dome lies the red marble exterior sarcophagus of the Emperor. Along the circular gallery in the crypt are ten bas-reliefs in white marble illustrating the glories of Napoleon's reign. One of these honors the Code Napoléon. The supporting legal literature is shown in the form of books bearing these headings: Droit Romain, Institutes de Justinien, Pothier's Obligations, Domat, and the Customs of Paris, Orléans and Normandy. The only quotation to be found on the walls of the crypt is attributed to the Memoirs of Las Cases: “ Justice égale et intelligible pour tous.”
Terms of Reference of United Nations Subsidiary Bodies
Authors: Schaaf Robert W.
Published: March 2019

Although Major United Nations organs such as the General Assembly have printed rules of procedure and terms of reference, it is often difficult to identify and locate such items for smaller UN bodies. Even if such a document is located one is often uncertain if the item is the latest edition. Documents containing the terms of reference of several UN bodies are valuable because they bring similar types of information together in one place.
The History of Grotius and his Printers, Explained on the Basis of Five Portraits
Authors: Nellen Henk
Published: March 2019

I propose to present a bird's eye view of the eventful life led by the famous Dutch jurist and statesman, Hugo Grotius. This I will do by discussing five of his portraits. These portraits have been made in five subsequent phases of his career. As a scholar who enjoyed a reputation that steadily expanded and that soon transcended the boundaries of the Dutch Republic, he went to the trouble of ordering famous artists, some of which were his friends, to immortalize him in copper or paint.
Wat weten we feitelijk van slaap bij de depressieve patiënt?
Authors: Kamphuisen H.A.C.
Published: March 2019

Slaapstoomissen zijn een zeer veel voorkomend kenmerk van een depressie. Soms is een slaapstoornis zelfs het belangrijkste symptoom. Herstel van de stemming gaat niet altijd gepaard met verbetering van de slaapkwaliteit. Een overzicht van de (schaarse) ‘evidence’ op het gebied van slaap, depressie en antidepressiva werd gepresenteerd door klinisch neurojysioloog en slaaponderzoeker prof, dr H.J. Kamphuisen.
De huisarts en depressie: wanneer verwijzen?
Authors: van Marwijk H.W.J.
Published: March 2019

Slechts één op de zes patiënten die van de huisarts de diagnose depressie krijgen, wordt doorverwezen naar de tweedelijn. VeruHjzingen en de bijbehorende contacten tussen eerste- en tweedelijn verlopen echter vaak moeizaam. Over dit onderwerp bestaat helaas nog maar weinig ‘evidence’, zo bleek uit de voordracht van huisarts dr. H.W.J, van Marwijk.
Compact bandpass-filtering response power divider with high-frequency selectivity and high isolation
Authors: Li Jiawei , Song Kaijun , Xia Fei , Patience Shema Richard , Guo Song , Fan Maoyu
Published: March 2019

A compact high-isolation power divider with bandpass response and high-frequency selectivity is presented in this letter. Two dual-mode resonators are used to realize filtering response. The circuit size of the proposed power divider can be reduced by using dual-mode capacitance loaded square meander loop resonators. Due to capacitive load, the resonator can exhibit slow-wave characteristics, which can be utilized to suppress harmonics and reduce size. The simulated and measured results show reasonable agreement.
The Administration of Information in International Administrative Law - The Example of Interpol
Authors: Schöndorf-Haubold Bettina
Published: March 2019

The photos of the presumed child abuser were published all around the world and resulted in the arrest of the wanted person in no time. Within only a few months, Interpol has twice issued public searches for wanted persons on its own initiative. The immediate success seemed to justify the measures. Does Interpol evolve into a veritable international criminal police? Since Interpol's competences for operational measures are still limited, it seems more appropriate to qualify Interpol as an agency with purely coordinative and providing functions and, accordingly, as an example for international administration.
Republication- Lochner Abroad: Substantive Due Process and Equal Protection in the Federal Republic of Germany
Authors: Currie David P.
Published: March 2019

[T]here exists some strange misconception of the scope of this [due process] provision. … [I]t would seem, from the character of many of the cases before us, and the arguments made in them, that the clause… is looked upon as a means of bringing to the test of the decision of this court the abstract opinions of every unsuccessful litigant… of the justice of the decision against him, and of the merits of the legislation on which such a decision may be founded.

As Justice Miller's famous lament suggests, wishful thinkers have sought since the beginning to find a way of making the United States Supreme Court ultimate censor of the reasonableness of all governmental action. Justice Chase thought he had discovered the magic wand in natural law, Justice Bradley in the Privileges or Immunities Clause, Justice Goldberg in the Ninth Amendment. Miller battled bravely, but he had lent significant support to the enemy with his freewheeling opinion inLoan Association v. Topeka.The fire was kept flickering in dissent and in majority opinions upholding laws against due process and equal protection challenges only because they were reasonable. It burst into full flame inLochner v. New Yorkin 1905, and for the next quarter century the Supreme Court was indeed what Justice Miller had denied it should be: ultimate censor of the reasonableness of all governmental action.
“And if I by Beelzebub cast out Devils, …”: An Essay on the Diabolics of Network Failure
Authors: Teubner Gunther
Published: March 2019

It can only seem impolite to speak about network failure in the presence of Karl-Heinz Ladeur, who has been insisting that the law needs to change in order to address the transformation of the organizational society into the network society. Alas, here I stand; I can do no other.
The Association of Transnational Law Schools' Agora: An Experiment in Graduate Legal Pedagogy
Authors: Bevans Phillip G. , McKay John S.
Published: March 2019

The Association of Transnational Law Schools [ATLAS] is a consortium of seven law schools from four continents that launched an annual academic summer program, called the Agora, for doctoral students this past July 2008. As the name of the consortium would suggest, the program focused on transnational law. The Agora is one of several multi-school initiatives aimed at furthering the study of the globalizing legal environment. The Agora both reflects and furthers a trend in legal scholarship, and as a consequence legal education, toward a focus on a set of interrelated concerns, which include globalization, international governance, transnational law, comparative legal studies, legal transplantation and the apparent conceptual challenges that these pose. In important respects these new conceptual challenges have a long pedigree in questions about the scope of legal pedagogy and theory. The pedagogical controversy is rooted in questions about the purpose of legal education, namely, whether it is trade training and should focus on practical legal skills, or whether it should be conceived of as broader than this. Intimately connected to this pedagogical controversy is a legal-theoretical controversy about the scope of legal theory (and thus the nature of law and its investigation). Does the word “law” designate the organizational instruments of state power, or should we think of “law” as referring to a more diverse set of social-organizational systems that may have greater or less affinity and connection with state law?
The Delicate Equilibrium of EU Trade Measures: The Seals Case
Authors: Beqiraj Julinda
Published: March 2019

Regulation EC No. 1007/2009 of the European Parliament and of the Council of 16 September 2009 banned the placement of seal products in the EU market. The measure has been very controversial, triggering a strong reaction, both from neighboring exporting States, in particular Canada and Norway, and from indigenous people living in the Arctic region. Seal hunting represents a traditional practice carried out for the purpose of personal consumption of seal meat, as well as for commercial trade of related by-products by the indigenous communities (mainly Inuit) living in the Northern Pole.
Regeneration Europe: Towards Another Europe
Authors: Hartmann Moritz , de Witte Floris
Published: March 2019

This special issue of the German Law Journal is devoted to the ideas of regeneration Europe, an initiative that calls for a new normative paradigm for the European Union. At its very core, regeneration Europe argues that the European Union should be more European and that it should more firmly reflect the European modus operandi of society. While it is unmistakable that the European Union is experiencing a crisis of identity—among the many other types of crisis that the contributions to this special issue highlight—it is hardly controversial to state that Europe is more than a market, more than an incipient political community or fiscal union. To its citizens, Europe is, first and foremost, a tangible reality. The difficulty in describing the Union's normative texture, or the “nature of the beast,” as legal scholars particularly enjoy doing, does not reduce its tangible reality. Cultural diversity, political pluralism and individualism do not necessarily presume self-referential indecision. As Jonathan Franzen wrote on the indeterminacy of the US cultural framework:

[I]t is fashionable … to say that there is no America anymore, there are only Americas; that the only things a black lesbian New Yorker and a Southern Baptist Georgian have in common are the English language and federal income tax. The likelihood, however, is that both the New Yorker and the Georgian watch Letterman every night, both are struggling to find health insurance, both have jobs that are threatened by the migration of employment overseas, both go to discount superstores to purchase Pocahontas tie-in products for their children, both are being pummeled into cynicism by commercial advertising, both play Lotto, both dream of fifteen minutes of fame, both are taking a serotonin reuptake inhibitor, and both have a guilty crush on Uma Thurman.
“Say On Pay” In Germany: The Regulatory Framework And Empirical Evidence
Authors: Vesper-Gräske Marvin
Published: March 2019

A shareholder vote on executive compensation, the so-called “say on pay”, has become one of the most prominent corporate governance tools for regulators in their urge to tackle excessive executive remuneration. Its implementation in the United Kingdom in August 2002 has triggered–not least because of a Recommendation of 2004 by the European Commission–a broader discussion of this instrument which gradually led to the adoption of related rules throughout Europe. In Germany, a “say on pay” was enacted by the German Parliament (Deutscher Bundestag) as part of the Act on the Appropriateness of Management Board Compensation (Gesetz zur Angemessenheit der Vorstandsvergütung–VorstAG) on 18 June 2009, it passed the second chamber of the German Parliament (Deutscher Bundesrat) on 5 July 2009 and was promulgated in the legal gazette (Bundesgesetzblatt) on 31 July 2009. The new law became effective on 5 August 2009. In the meantime, the United States also enacted provisions with respect to a shareholder vote on executive compensation. The Dodd-Frank Wall Street Reform and Consumer Protection Act, often only referred to as the “Dodd-Frank-Act”, introduced a mandatory, non-binding “say on pay”, as well as a more specific shareholder vote on payments in the context of a change of control (“golden parachutes”). The SEC recently adopted rules in order to implement these provisions.
Classifying Acts as Crimes Against Humanity in the Rome Statute of the International Criminal Court
Authors: Haenen Iris
Published: March 2019

The law is a living organism, which is reflected by the ever-evolving landscape of international criminal law. Time and again, conflicts demonstrate the many ways in which human beings can hurt each other. The law must be able to anticipate and react to these cruelties. On the one hand, the law must be specific enough to assure legal certainty and prevent arbitrary convictions; on the other hand, it must be broad and general enough to keep up with developments in real life and cover previously unimagined behavior. Forced marriage is an example of such a criminal phenomenon, which, even though the taking of brides by the victor has for centuries been a common occurrence during conflict situations, has only recently appeared in the international limelight. When the international community is confronted with criminal practices that are not codified in the Rome Statute of the International Criminal Court, it is faced with the daunting task of legally characterizing this conduct: can the act in question be brought within the ambit of the core crimes of the Rome Statute? And if so, how is it best criminalized: as a war crime, a form of genocide, or a crime against humanity?
Walking a Fine Line – A Contextual Perspective on the Purchase of “Stolen” Banking Data by German Authorities
Authors: Pfisterer Valentin M.
Published: March 2019

On 14 February 2008, German prosecutors and investigative authorities made a sensational catch. That day, it became public that they had initiated criminal investigations against Klaus Zumwinkel, then head of the DAX-listed corporation Deutsche Post. Additionally, the top manager's villa in Cologne was searched in a dawn raid and, as the media apparently had been tipped off, TV cameras could film the corporate executive while accompanied out of his home by prosecutor Margit Lichtinghagen. About one year later, Zumwinkel, no longer head of Deutsche Post, was convicted of tax evasion to two years of prison placed on probation. Although hailed by many as a triumph for the prosecution of white-collar crimes and the fight against corporate executives' recklessness, some already questioned the approach of prosecutors and investigators in the early stages. This criticism first and foremost referred to the fact that important information used as evidence in the investigations as well as the subsequent criminal court proceedings stemmed from banking data “stolen” by a Liechtenstein banker from his (former) employer Liechtenstein Global Trust, a bank based in Liechtenstein, and subsequently purchased by German authorities. This phenomenon, the purchase of “stolen banking data by German authorities, was not unprecedented as the so called “Liechtenstein tax affair” (“Liechtensteinische Steueraffäre”) had already been going on for some time. Zumwinkel, however, was the first widely known defendant in that context.
Not Only ‘Who Decides': The Rhetoric of Conflicts over Judicial Appointments
Authors: Muñoz L. Fernando
Published: March 2019

A well-known maxim of all kinds of legal realism is that the identity of judges matters a great deal. The most famous account of this tenet is the apocryphal statement attributed to Jerome Frank declaring that what matters in the law is “what the judge ate for breakfast.” While Frank never put that in print, he did say that the “peculiar traits, disposition, biases and habits of the particular judge will, then, often determine what he decides to be the law;” in short, that “the personality of the judge is the pivotal factor in law administration.” A more epigrammatic and elegant summary of this position was given by none other than Carl Schmitt, who declared that “[w]hat matters for the reality of legal life is who decides.”
On Judicial Appointments and Constitutional Adjudication: A Reply to Fernando Muñoz
Authors: Pérez Aida Torres
Published: March 2019

What do public debates on the appointment of constitutional judges tell us about the view of the law and judicial adjudication? Fernando Muñoz's article focuses on the debates regarding the appointments of Justice Sotomayor to the U.S. Supreme Court and Minister Bertelsen to the Constitutional Court in Chile. According to the author, these debates reflect the tension between two views of the law and judicial adjudication—autonomy and responsiveness—as to how judges should deal with extra-legal considerations in performing their functions. While the autonomy position tries to “defend the substantive values of the law by policing the distinction between the legal and the extra-legal,” the responsiveness position claims that “the law ought to extract its substance from social expectations, needs, and priorities, serving them as a means to an end.” In the author's view, Sotomayor's supporters and Bertelsen's opponents would uphold responsiveness and defend the need of the judiciary to respond to social expectations and needs, whereas Sotomayor's opponents and Bertelsen's supporters would uphold autonomy. The participants on these debates seek to gain hegemony regarding their views on what the law is and how constitutional adjudication should be conducted.
Exploring the European Council's Legal Accountability: Court of Justice and European Ombudsman
Authors: Vogiatzis Nikos
Published: March 2019

The purpose of this article is to explore the avenues for legal accountability vis-à-vis the European Council after the Treaty of Lisbon. This will be achieved through an assessment of the jurisdictional realms of, on the one hand, the Court of Justice of the European Union (CJEU), and on the other hand, the European Ombudsman, always in relation to the European Council. Legal accountability may be understood in this respect as the supervision of the observance of the European Union (EU) rule of law. The European Ombudsman is an EU body established by the Treaty of Maastricht; by virtue of Art. 228 of the Treaty on the Functioning of the European Union (TFEU), he or she has the power to investigate complaints of maladministration “in the activities of the Union institutions, bodies, offices or agencies, with the exception of the Court of Justice of the European Union acting in its judicial role.”
Don't Act Beyond Your Powers: The Perils and Pitfalls of the German Constitutional Court'sUltra ViresReview
Authors: Bast Jürgen
Published: March 2019

On 26 July 2012, the European Central Bank (ECB) issued a new currency, the “Draghi.” A country where the Draghi has the status of legal tender must be fabulously wealthy—a single coin gives unlimited purchasing power to its owner. This is one way to characterize ECB President Mario Draghi's pledge to do “whatever it takes” to save the Euro. It is widely believed that the move prevented the common currency from breaking apart. Yet, the ECB's resolve caused severe conflict within the European System of Central Banks (ESCB). A few weeks later, when the Governing Council of the ECB formally adopted the Outright Monetary Transactions (OMT) program to pave the way for the implementation of Draghi's rescue policy, the representative of the GermanBundesbankwas outvoted. Subsequently—in a maneuver quite unusual among central bankers—he appealed to the public to stir up support for his opposition to the policy.
Constitutional Law and the Jurisprudence of the European Court of Human Rights: An Attempt at a Synthesis
Authors: Zupancic Boštjan M.
Published: March 2019

There are a few premises underlying this discourse on the relationship between constitutional law and European human-rights law which I should reveal before we explore the relationship itself. I start with a functionalistic designation of the general legal process as being no more (and no less!) than a conflict-resolution process. From this perspective, the most important of my starting premises is what I consider to be an empirical fact, that is to say that the constitutional courts now produce jurisprudence(2) overtly and explicitly transcending the Enlightenment's illusion of complete separation between the competencies of the legislative and judicial branches of power.
Judging Nuremberg: The Laws, the Rallies, the Trials
Authors: Lock Tobias , Riem Julia
Published: March 2019

The 60th anniversary of the trial against the major war criminals of World War II before the International Military Tribunal Trial (IMT) in Nuremberg was the subject matter of an international conference held in Nuremberg from Sunday, July 17 to Wednesday, July 20, 2005. The conference was presented by Touro College Jacob D. Fuchsberg Law Center, Institute on the Holocaust and the Law, Huntington, USA, in association with the Foundation “Remembrance, Responsibility and Future” – “Remembrance and Future” Fund, supported, amongst others, by the Higher Regional Court of Nuremberg, the Faculty of Law, Friedrich-Alexander University, Erlangen-Nuremberg and the German-American Lawyers’ Association.

The pre-conference session was opened by the President of the Nuremberg Higher Regional Court, Dr. Stefan Franke, who welcomed the audience in “the room where world history was made”, the original setting of the IMT in courtroom 600 at the Nuremberg Palace of Justice. He was followed by Prof. Dr. Mathias Rohe (Dean of Law, Friedrich-Alexander University, Erlangen-Nuremberg), who, as a sign of remembrance, read out a list of those members of the University who were deprived of their doctorates during the Third Reich.
A Legal Theoretical Approach to Criminal Procedure Law: The Structure of Rules in the German Code of Criminal Procedure
Authors: Mittag Matthias
Published: March 2019

In 1969, the language philosopher John R. Searle published his book “Speech Acts: An Essay in the Philosophy of Language,” wherein he developed the theory of speech acts of John L. Austin into a more normative direction. Though the philosophy of language is not the main issue of this article, Searle spoke out, for the first time, on a fundamental distinction between two different kinds of rules, namely constitutive and regulative rules. Actually, since that time the distinction between these two different types of rules has become fairly common in legal theory, but not in criminal procedure law or in the theory of procedure law. Only sporadically have German legal scholars gone into this distinction. This is astonishing with regard to criminal procedure law in particular because, even before 1969, some scholars had construed procedural rules as rules of a game. In doing so, they addressed an important characteristic of constitutive rules, namely the expression of the conditions of a certain result. However, the construction of procedural norms as rules of a game is imprecise because not all procedural norms actually work in this way. This becomes clear when one transfers Searle's distinction to criminal procedure law.
Competence of the Community to Conclude the New Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgements in Civil and Commercial Matters: Opinion 1/03 of 7 February 2006
Authors: Baumé Tristan
Published: March 2019

On March 5, 2003, the Council of the European Union (hereafter the ‘Council’) submitted a request for an opinion to the European Court of Justice pursuant to Article 300 (6) EC. This request was intended to clarify whether the Community had an exclusive or shared competence to conclude a new convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters intended to replace the existing Lugano Convention (hereafter the ‘new Lugano Convention’ or the ‘envisaged agreement’).
Legal Issues in the War on Terrorism – A Reply to Silja N. U. Vöneky
Authors: Bellinger John B.
Published: March 2019

I wanted to begin by thanking Dr. Voneky for her thoughtful contribution to this rapidly developing area of international law. One of the purposes of the ongoing dialogue with my European counterparts on the legal framework for the use of force and detention of combatants in an armed conflict with non-state actors is to spur dialogue to arrive at a common approach on these issues. I agree with many things in Dr. Voneky's article. I am pleased that, unlike many critics of the United States, she recognizes that it is possible to use force in self defense from armed attacks not directly linked to the actions of any state, and that the law of armed conflict would govern that use of force. I also appreciate that she notes that actions against terrorist groups outside a state's country are not necessarily simply transnational police actions. I wanted to take this brief opportunity to note three areas where there may be some misunderstandings regarding the views of the United States, and then discuss my thoughts on the way forward.
Derrida, Philosopher of the Law
Authors: Vismann Cornelia
Published: March 2019

Does Derrida's death justify a special issue of this Journal, preceded immediately by a special edition on human rights? Can death justify anything at all? And what does this mean for the authors of this volume; are their texts doomed to remain unjustified, if no authority steps in to legitimate our endeavour to gather texts by friends in the name of Derrida?
A Note on Space
Authors: Baecker Dirk
Published: March 2019

With respect to space at least, philosophy is almost unanimous. A space comes into being as soon as a border is established and an observer looks at both sides of the border including at the border separating the sides. Without the border, no space, and the space has none. Without the observer, the same applies, even if there are only observers where distinctions are being drawn. Jacques Derrida was conscious of this. One of his questions is the perennial question of philosophy: what is space if, for a space to reveal itself, there is a boundary to be drawn, such that an observer may emerge looking at the space the boundary is brought forward in.
Violence, Justice, Deconstruction
Authors: Douzinas Costas
Published: March 2019

In his famous talk “The Force of Law,” given at Cardozo Law School in 1989, Derrida linked his work with the Critical Legal Studies movement. This lecture signposted a change of direction in deconstruction. Early deconstruction had been criticized for formalism, aestheticism and scant recognition of political realities. Derrida's (in)famous statement that “there is nothing outside of the text,” was a rare philosophical sound-bite meaning that language, communication and social interaction cannot avoid, as commonly assumed, the uncertainties and ambiguities of the written text. But the aphorism was often misinterpreted to signify extreme idealism, disregard for the real world and literary and philosophical reductionism. But the “Force of Law” signified a clear turn towards political and ethical engagement, symbolized by the discussion of law and justice. After that talk, deconstruction became obsessed with questions of ethical responsibility, the meaning of friendship and the complex relationship with the other. Before his death, Derrida wrote a number of essays on contemporary political events. He denounced the Kosovo and Iraq wars and devoted a book to ‘rogue’ elements and states, in which he attacked the United States as the greatest rogue. Just before his untimely death in 2004, Derrida had become preoccupied with the concept of sovereignty at the basis of the tragedies and abuses of modernity. It is this political and ethical turn of deconstruction that I would like to address in the context of critical legal theory.