bluuebunny/crossref_metadata_2025 huggingface dataset:
In Honor of Adolf Sprudzs
Authors: Casper Gerhard
Published: March 2019

Adolf Sprudzs, Foreign Law Librarian and Lecturer in Legal Bibliography, came to the University of Chicago in August 1965. At that time the Law School Library had initiated a development program which aimed at the in-depth acquisition of legal materials for the European Economic Community countries and some other selected areas of the world. The appointment of Mr. Sprudzs was an essential step in the successful implementation of this program. The Law School already possessed a particularly rich collection of French and German legal publications, inter alia, and a faculty that included several European-trained law professors. The most influential of these was Max Rheinstein, who was instrumental in the growth of the foreign and comparative law program at the University of Chicago. The partnership of Professor Rheinstein and Mr. Sprudzs combined their great knowledge, interests and talents. Mr. Sprudzs’ ability to inspire faculty support led to the development of a comprehensive retrospective and current foreign and international law collection within the guidelines of the program. However, the real challenge to Adolf Sprudzs’ resourcefulness began in the early 1970's. As grant money became scarce, prices and the volume of legal publishing began a steady increase and the value of the dollar declined. Mr. Sprudzs was realistic in his assessment of the possible support of the collection and focused the scope of the collection in the areas that were of long-term research interest at the University of Chicago. He worked hard to increase European alumni support and to maintain the friendship that the foreign law graduates feel for the University of Chicago. His close contacts with these alumni, as well as with other librarians and law teachers in Europe, have often enabled the Law Library to acquire materials and obtain grants that would otherwise have been unavailable.
Some Problems of Classification in International and Comparative Law
Authors: Steiner W. A.
Published: March 2019

The professional achievements of Adolf Sprudzs have centered on international and comparative law and it is fitting, therefore, to offer some reflections on problems of classification with particular reference to those branches or aspects of the law. They will be concerned with recent solutions to some problems with special emphasis on the classification schemes of the Institute of Advanced Legal Studies, the Squire Law Library in Cambridge, the European University Institute in Florence and the Swiss Institute of Comparative Law in Lausanne.
The Problems of Legal Research in International Business Transactions
Authors: Kavass Igor I.
Published: March 2019

The first important bibliography on the legal aspects of international business was compiled by Adolf Sprudzs. It was published in 1965University of Illinois Law Forum, 872–899 under the title “Selected Bibliography on International Trade, Investment and Organization”. This paper is dedicated to him in recognition of his distinguished scholarship in the field of bibliographic research.
The International Association of Law Libraries: Its Beginnings
Authors: Schwerin Kurt
Published: March 2019

In No. 28 of the Bulletin of the International Association of Law Libraries (June, 1972) Dr. Gerhard J. Dahlmanns published “some reflections on the development, aims and purposes” of the I.A.L.L. This article was an excellent survey on the history, policies and problems of the Association at the time when the originally modest Bulletin, under the presidency of Dr. Hans G. Leser, became a full-fledged international periodical. The present article tries to record in greater detail the history of the inception and the first two years of the Association. I have these years in vivid memory, they were years of lively planning in which I was deeply involved.
International Documentation
Authors: Schaaf Robert W.
Published: March 2019

In this documentary section the compiler intends to list and describe briefly a selection of international documents that should be of general interest. All or parts of some of the documents will also be reprinted here where there is no question of copyright and where the size and format make reproduction feasible.
Marriage and Marital Property under the New Greek Family Law
Authors: Papademetriou Theresa
Published: March 2019

The movement for a civil law reform in Greece that was initiated in 1975 with the constitutional guarantee of equal rights and obligations of the sexes led to the adoption of Law 1329/1983 on the Application of the Constitutional Principle of Equality of the Sexes in the Civil Code and Its Introductory Law, in Commercial Legislation, and in the Code of Civil Procedure, as well as to Partial Modernization of Certain Provisions of the Civil Code Regarding Family Law.
Computerized Legal Databases and Their Contents: Israel
Authors: Cuomo Eugenio I.
Published: March 2019

The computer revolution in Israel began almost ten years ago, when computers for public use appeared for the first time in banks, challenging a very hesitant and embarassed public. After banks, other public and private institutions, especially financial institutions like insurance companies, the Stock Exchange and others, started producing databases for internal and external purposes.
The European Economic Community: A Sovereign Entity Under its Own Legal Order
Authors: Sipkov Ivan
Published: March 2019

The European Economic Community (EEC), also known as the European Community, the Common Market, and the Community, originated through the European Coal and Steel Community (ECSC) Treaty. The inaugural agreement was signed in Paris on April 18, 1951, and became effective on July 25, 1952. The original members included Germany, France, Italy, and the Benelux countries of Belgium, Luxembourg, and the Netherlands. The primary task of the ECSC Treaty was to create a common market for coal and steel by prohibiting all duties on imports and exports and all quantitative and private restraints on competition. This Treaty is considered the first step towards a united Europe. Its decisive innovation was to entitle the Community's institutions established by the Treaty to directly bind member states and enterprises by means of its decisions.
Czechoslovakia: Law on Joint Ventures [November 8, 1988]
Authors: Glos George E.
Published: March 2019

After many years of hesitation, the Czechoslovak communist regime enacted a Law on Joint Ventures in the hope of stimulating foreign investment to prop up its sagging economy. It is known as Law No. 173 of November 8, 1988, on Enterprises with Foreign Proprietary Participation.
The 1987 Swedish Family Law Reform
Authors: Nozari Fariborz
Published: March 2019

A major family law reform was implemented in Sweden during 1987. A new marriage code was enacted. Certain limited rights were granted to cohabitants. A special law protecting the right of homosexual cohabitants was adopted. And consequently, the Inheritance Code and a number of other laws had to be amended to meet the requirement of the above mentioned legislation.
Romania: Provisional Council for National Unity Decree-Law no. 96/1990 Concerning Some Measures for the Attraction of Foreign Capital Investments Into Romania*
Authors: Buzescu* Peter
Published: March 2019

Art. 1 In Romania, foreign capital may be invested in industry, agriculture, constructions, tourism, scientific and technological research, foreign trade, banking services, insurance and other areas of interest to the national economy.
‘Quota Refugees’: The Dutch Contribution to Global ‘Burden Sharing’ by Means of Resettlement of Refugees
Authors: Zieck Marjoleine
Published: March 2019

The international refugee law regime that was created in the wake of the Second World War does not comprise distributive principles as a result of which geographical proximity functions as the primary distributive mechanism. Consequently, the distribution of refugees is unevenly shared among states, understandably giving rise to calls for burden sharing. Rather than states, the United Nations High Commissioner for Refugees (hereafter: UNHCR) is charged with resettlement of refugees and it depends on the discretion of (too few) states to offer resettlement places. One of those states is the Netherlands, which has set an annual quota of 500 refugees (including their relatives) for resettlement. Dutch practice with respect to its ‘quota refugees’ appears to be illustrative of the current use of ‘resettlement’ as neither a form of burden sharing nor necessarily a durable solution for the problem of refugees. It invites to revisit the solution of ‘resettlement’ against the background of legal developments, state and UNHCR practice, using fuzzy logic as an analytical tool.
Erasmus and the Law
Authors: Winkel Laurens
Published: March 2019

Erasmus is generally regarded as a model of tolerance and equanimity. As such, he very well could have an educational part to play in the ideology of equality and the non-discriminatory principle of our modern rule of law as embedded in Article 1 of the Dutch Constitution since 1983 which claims equality for all people on the Dutch territory. On the face of it, it would certainly seem worthwhile to examine whether Erasmus influenced the law of his age and might therefore also be relevant to views on the law of our present age. A closer look at this idealised view of Erasmus shows, however, that some qualifications are in order. It was not very long ago that some valid accusations of anti-Semitism were made against him: anti-Semitic statements were found in some of his letters. It should be noted that he is no exception in this: Luther, his contemporary, is also known to have made statements in a similar vein.
Human Right to Environment and Its Effective Protection in Catalonia, Spain and Europe
Authors: Peñalver i Cabré Alexandre
Published: March 2019

Human Right to Environment is one the most relevant Third Generation Human Rights which includes new universal needs arisen from the last third of 20th century. These new human rights add as an additional layer to the First Generation Human Rights (civil and political rights from the end of 18th century) and to the Second Generation Human Rights (economic, social and cultural rights from 19th century).
Copyright Issues Related to the Implementation of Open Access Policies
Authors: Juan Ignasi Labastida I.
Published: March 2019

The presentation will provide an overview of the copyright issues related with the implementation of Open Access policies. It will focus on the need to obtain permission to reproduce and disseminate a copy of any published paper taking into account any copyright transfer signed by authors. This permission is needed to implement Green Open Access policies through repositories. Moreover it will explore the use of open content licenses in repositories and journals to move to the Gold Open Access model that offers not only free access to full text but full reuse of contributions.
Humor, Ethics, and Dignity: Being Human in the Age of Artificial Intelligence
Authors: Kanuck Sean
Published: March 2019

The growing adoption of artificial intelligence (AI) raises questions about what comparative advantage, if any, human beings will have over machines in the future. This essay explores what it means to be human and how those unique characteristics relate to the digital age. Humor and ethics both rely upon higher-level cognition that accounts for unstructured and unrelated data. That capability is also vital to decision-making processes—such as jurisprudence and voting systems. Since machine learning algorithms lack the ability to understand context or nuance, reliance on them could lead to undesired results for society. By way of example, two case studies are used to illustrate the legal and moral considerations regarding the software algorithms used by driverless cars and lethal autonomous weapons systems. Social values must be encoded or introduced into training data sets if AI applications are to be expected to produce results similar to a “human in the loop.” There is a choice to be made, then, about whether we impose limitations on these new technologies in favor of maintaining human control, or whether we seek to replicate ethical reasoning and lateral thinking in the systems we create. The answer will have profound effects not only on how we interact with AI but also on how we interact with one another and perceive ourselves.
Monitoring telehealth vomiting calls as a potential public health early warning system for seasonal norovirus activity in Ontario, Canada
Authors: Hughes S. L. , Morbey R. A. , Elliot A. J. , McEwen S. A. , Greer A. L. , Young I. , Papadopoulos A.
Published: March 2019

Norovirus is a predominant cause of infectious gastroenteritis in countries worldwide [1–5]. It accounts for approximately 50% of acute gastroenteritis (AGE) and >90% of viral gastroenteritis outbreaks [6, 7]. The incubation period ranges between 10 and 48 h and illness duration is generally 1–3 days with self-limiting symptoms; however, this duration is often longer (e.g. 4–6 days) in vulnerable populations such as hospital patients or young children [2, 8]. Symptomatic infection of norovirus presents as acute vomiting, diarrhoea, abdominal cramps and nausea, with severe vomiting and diarrhoea (non-bloody) being most common [2, 5, 9].
Detection and molecular characterisation of bovine Enterovirus in Brazil: four decades since the first report
Authors: Candido M. , Almeida-Queiroz S. R. , Buzinaro M. G. , Livonesi M. C. , Fernandes A. M. , Sousa R. L. M.
Published: March 2019

It is suggested that bovine enteroviruses (BEV) are involved in the aetiology of enteric infections, respiratory disease, reproductive disorders and infertility. In this study, bovine faecal samples collected in different Brazilian states were subjected to RNA extraction, reverse transcription-polymerase chain reaction analysis and partial sequencing of the 5′-terminal portion of BEV. One hundred and three samples were tested with an overall positivity of 14.5%. Phylogenetic analysis clustered these BEV Brazilian samples into the Enterovirus F clade. Our results bring an important update of the virus presence in Brazil and contribute to a better understanding of the distribution and characterisation of BEV in cattle.
Prevalence and relationship of hypertriglyceridaemic–waist phenotype and type 2 diabetes mellitus among a rural adult Chinese population
Authors: Ren Yong-Cheng , Liu Yu , Sun Xi-Zhuo , Wang Bing-Yuan , Liu Yi , Ni Hu , Zhao Yang , Liu Dechen , Liu Xuejiao , Zhang Dongdong , Liu Feiyan , Cheng Cheng , Liu Leilei , Chen Xu , Zhou Qionggui , Zhang Ming , Hu Dongsheng
Published: March 2019

Objective

Limited information is available on the prevalence and effect of hypertriglyceridaemic–waist (HTGW) phenotype on the risk of type 2 diabetes mellitus (T2DM) in rural populations.

Design

In the present cross-sectional study, we investigated the prevalence of the HTGW phenotype and T2DM and the strength of their association among rural adults in China.

Setting

HTGW was defined as TAG >1·7 mmol/l and waist circumference (WC) ≥90 cm for males and ≥80 cm for females. Logistic regression analysis yielded adjusted odds ratios (aOR) relating risk of T2DM with HTGW.

Participants

Adults (n 12 345) aged 22·83–92·58 years were recruited from July to August of 2013 and July to August of 2014 from a rural area of Henan Province in China.

Results

The prevalence of HTGW and T2DM was 23·71 % (males: 15·35 %; females: 28·88 %) and 11·79 % (males: 11·15 %; females: 12·18 %), respectively. After adjustment for sex, age, smoking, alcohol drinking, blood pressure, physical activity and diabetic family history, the risk of T2DM (aOR; 95 % CI) was increased with HTGW (v. normal TAG and WC: 3·23; CI 2·53, 4·13; males: 3·37; 2·30, 4·92; females: 3·41; 2·39, 4·85). The risk of T2DM with BMI≥28·0 kg/m2, simple enlarged WC and simple disorders of lipid metabolism showed an increasing tendency (aOR=1·31, 1·75 and 2·32).

Conclusions

The prevalence of HTGW and T2DM has reached an alarming level among rural Chinese people, and HTGW is a significant risk factor for T2DM.
The Application of the OPTICS Algorithm to Cluster Analysis in Atom Probe Tomography Data
Authors: Wang Jing , Schreiber Daniel K. , Bailey Nathan , Hosemann Peter , Toloczko Mychailo B.
Published: March 2019

Atom probe tomography (APT) is a powerful technique to characterize buried three-dimensional nanostructures in a variety of materials. Accurate characterization of those nanometer-scale clusters and precipitates is of great scientific significance to understand the structure–property relationships and the microstructural evolution. The current widely used cluster analysis method, a variant of the density-based spatial clustering of applications with noise algorithm, can only accurately extract clusters of the same atomic density, neglecting several experimental realities, such as density variations within and between clusters and the nonuniformity of the atomic density in the APT reconstruction itself (e.g., crystallographic poles and other field evaporation artifacts). This clustering method relies heavily on multiple input parameters, but ideal selection of those parameters is challenging and oftentimes ambiguous. In this study, we utilize a well-known cluster analysis algorithm, called ordering points to identify the clustering structures, and an automatic cluster extraction algorithm to analyze clusters of varying atomic density in APT data. This approach requires only one free parameter, and other inputs can be estimated or bounded based on physical parameters, such as the lattice parameter and solute concentration. The effectiveness of this method is demonstrated by application to several small-scale model datasets and a real APT dataset obtained from an oxide-dispersion strengthened ferritic alloy specimen.
International Law in the American Courts – Khulumani v. Barclay National Bank Ltd.: The Decision Heard ‘Round the Corporate World
Authors: Hutchens Kristen
Published: March 2019

On June 30, 1980, the United States Court of Appeals for the Second Circuit issued Filártiga v. Peña-Irala. In this landmark case, the Paraguayan plaintiffs sought to hold Americo Norbeto Peña-Irala, a high-ranking Paraguayan police officer, liable for torture that led to the death of Joel Filártiga in Paraguay. They rested their main jurisdictional argument “upon the Alien Tort Statute, 28 U.S.C. § 1350, which provides: ‘The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.'” The Second Circuit held, “[D]eliberate torture perpetrated under color of official authority violates universally accepted norms of the international law of human rights, regardless of the nationality of the parties. Thus, whenever an alleged torturer is found and served with process by an alien within our borders, § 1350 provides federal jurisdiction.” It added that “Our holding today, giving effect to a jurisdictional provision enacted by our First Congress, is a small but important step in the fulfillment of the ageless dream to free all people from brutal violence.”
Legal Issues in the “War on Terrorism” – Reflecting on the Conversation Between Silja N.U. Voneky and John Bellinger
Authors: Rona Gabor
Published: March 2019

It is an irony of our times. The 9/11 attacks catapulted international humanitarian law (IHL) – otherwise known as the “laws of war” or the “law of armed conflict” – into popular conversation as never before. Who ever heard of Common Article 3 before the U.S. invasion of Afghanistan? Can anyone recall arguing about the criteria for prisoner of war status before the Taliban and al Qaeda? Was anyone parsing the difference between civilian trials, courts martial and military commissions before Abu Ghraib and Guantanamo?
The European Private Company Before its Pending Legislative Birth
Authors: Hommelhoff Peter
Published: March 2019

In the summer of 2008, the EU Commission will present the draft regulation for a European private company. The Commission indicates by this announcement of the internal market commissioner, after prolonged hesitation that it wishes to comply with the urgent and detailed request of the European Parliament (EP) and to initiate the legislative process. Apparently, the arguments directed at the small and medium sized enterprises (SME) and their specific interests have now, after the EU parliamentarians, also convinced the Commission. In fact, the significance of this group of enterprises in the economy of the Community cannot be overestimated. The Commission therefore acts with appropriate responsibility in not confining itself to taking up the draft regulation prepared ten years ago by business practitioners and academic lawyers (CCIP/CNPF working group) but being prepared (as can be seen in the Consultation Paper of the General Directorate Internal Market of July 2007) to develop its own statute for a European private company. This paper is intended, mainly on the basis of that Consultation Paper but also on the basis of the EP resolution, to introduce the main issues and central regulatory elements of the new legal form of community law.
IncommunicadoDetention in Germany: An Example of Reactive Anti-terror Legislation and Long-term Consequences
Authors: Oehmichen Anna
Published: March 2019

Of all anti-terror-laws adopted in Germany in the last thirty years, one of the most famous measures is certainly the so-calledKontaktsperregesetz, an Act introducing the possibility ofincommunicadodetention in the case of imminent terrorist threats. It is the prime example of how far reactive legislation can go, under the pretext to fight terrorism. This form ofincommunicadodetention was adopted in 1977, by introducing a new section (section 4, Sections 31–38) to theIntroductory Act to the Judicature Act(Einführungsgesetz zum Gerichtsverfassungsgesetz, hereinafterEGGVG). The provisions were enacted in response to a particular terrorist incident, and have not been applied since. Surprisingly enough, in April 2006, a seemingly new provision was added to this regime (Section 38aEGGVG), however, as we will later see, this regulation is in fact not new, but has only changed its systematic position within the enormous legislative forest of Germany, and, at the same time, its legal nature (from transitory to permanent). Section 38aEGGVGextends the scope of application ofincommunicadodetention considerably, by allowing it to be used not only in terrorist cases, but also for other forms of criminal organizations like mafia. It thus increases the possibility of prisoners to be absolutely isolated from other inmates, family, friends, and even from their defense counsels, for up to thirty days; a period which can be prolonged for an indefinite period of time, provided that certain requirements are met.
Transnational Terrorist Financing: Criminal and Civil Perspectives
Authors: Drumbl Mark A.
Published: March 2019

This note addresses the proscription of terrorist financing under transnational law. It considers both criminal and civil regulatory frameworks. Although the 9/11 attacks certainly galvanized jurisgeneration in this area, important treaties and customary principles preexisted those attacks. Insofar as the law on this topic is quite robust, this note does not provide a typology of every legal prohibition that touches upon terrorist financing. Instead, it offers an overview of the subject matter through case-studies drawn from international treaties and Alien Tort Claims Act litigation in the United States, and it also places the regulatory framework of terrorist financing within both lex lata and lex ferenda regarding the proscription of terrorism generally.
The Non-legally Binding Instrument on Sustainable Management of All Types of Forests - Towards a Legal Regime for Sustainable Forest Management?
Authors: Kunzmann Katharina
Published: March 2019

From 16–27 April 2007, the UN Forum on Forests (“UNFF”) gathered in New York for its 7thsession (“UNFF7”). After two weeks of intense and difficult negotiations, in the early hours of 28 April, UNFF adopted three documents. The main document was the “Non-legally binding instrument on sustainable forest management of all types of forests” (the “Instrument”), which was adopted by the General Assembly by resolution on 17 December 2007.
Cash Pooling Under the Revised German Private Limited Companies Act (GmbHG)
Authors: Vetter Jochen , Schwandtner Christian
Published: March 2019

Following the 24 November 2003 decision of the Bundesgerichtshof (BGH - Federal Court of Justice) the legal framework for upstream loans granted by companies in the legal form of a Gesellschaft mit beschränkter Haftung (GmbH - Private Limited Company), i.e., loans by the GmbH to its direct and indirect shareholders or to an affiliate of such shareholder, has remained uncertain. The ruling of the BGH led to a broad spectrum of interpretations by legal scholars and practitioners – some even predicted the end of cash pooling arrangements for German corporations – which made it difficult for managers of a GmbH to continue existing cash pooling arrangements without changes to their original scope and conditions.
The Implementation of the MiFID into the WpHG
Authors: Barry Sebastian , Bracht Hannes
Published: March 2019

On 1 November 2007 the Finanzmarktrichtlinie-Umsetzungsgesetz (FRUG) came into effect. The FRUG is supplemented by two directives, the Wertpapierdienstleistungs-Verhaltens- und Organisationsverordnung (WpDVerOV) (as amended by the Erste Verordnung zur Änderung der Wertpapierdienstleistungs-Verhaltens- und Organisationsverordnung) and the Erste Änderungsverordnung zur Finanzanalyseverordnung. Together with the aforementioned directives the FRUG implements the Markets in Financial Instruments Directive (MiFID) into German law, which is itself supplemented by a MiFID Implementing Directive and a Commission Regulation. Altogether this legislation is part of the Financial Services Action Plan of the European Commission aiming at the formation of a single market for financial services. The new legislation leads to material changes in the Wertpapierhandelsgesetz (WpHG). On the one hand numerous new regulations have been added, on the other hand already existing regulations have become much more detailed. Thus the WpHG has finally become “the constitution” of German capital market law.
Governance through Promotion and Persuasion: The 1998 ILO Declaration on Fundamental Principles and Rights at Work
Authors: de Wet Erika
Published: March 2019

The current contribution will elaborate on the manner in which the Declaration of the International Labour Organization (ILO) on Fundamental Principles and Rights at Work (hereinafter the 1998 Declaration) functions as an instrument of governance for the purpose of promotion and persuasion. The purpose of this activity is to improve the observance by States of certain principles contained in the 1998 Declaration. At the outset one should stress that this governance technique is a trade mark of the ILO as a whole and not only of the 1998 Declaration. The basic premise of the ILO is to rely on cooperation and dialogue rather than sanctions in its efforts to realize its goals.
WIPO's International Registration of Trademarks: An International Administrative Act Subject to Examination by the Designated Contracting Parties
Authors: Kaiser Karen
Published: March 2019

Although the World Intellectual Property Organization (WIPO) is a technical intergovernmental organization with a limited mandate, it has been entrusted with a panoply of tasks. These include,inter alia, the international harmonization of intellectual property law, the administration of fee-based global intellectual property protection services, and the delivery of dispute resolution services to individuals. While the central role of WIPO in the continuous development of substantive intellectual property law has been questioned by developing countries, the administrative activities of WIPO have remained largely unscathed by critique and, therefore, have not attracted much attention. They revolve around the international filing, registration or recognition of industrial property rights, such as patents, industrial designs and trademarks, and provide an interesting perspective on the law of international institutions.
Effective Governance through Decentralized Soft Implementation: The OECD Guidelines for Multinational Enterprises
Authors: Schuler Gefion
Published: March 2019

Botnia S.A./Metsä-Botnia Oy's construction of the Orion pulp mill in Uruguay raised concerns regarding violations of national, regional, and international law with regard to social and environmental protection. On 18 April 2006, the Center for Human Rights and Environment (CEDHA), an Argentinean non-governmental organisation, submitted to Finland's National Contact Point (NCP) a “specific instance” regarding the possible non-compliance of Botnia S.A. (a Finnish enterprise) with the OECD Guidelines for Multinational Enterprises (OECD Guidelines for MNEs, Guidelines) when building the envisaged pulp mill in Uruguay. According to the Center for Human Rights and Environment, Botnia S.A. violated the OECD Guidelines for MNEs especially with respect to Chapter II “General Policies”, Chapter III “Disclosure”, Chapter V “Environment” and Chapter VI “Bribery”. Specific instances concerned with related issues were filed by the Center for Human Rights and Environment with the Swedish and Norwegian NCPs against Nordea, a leading financial services group of the Nordic and Baltic Sea area, for possible financing of Botnia S.A.'s pulp mill project and against the Finnish state bank Finnvera for providing export guarantees to Botnia S.A. Other fora that have in the meantime become involved in the issue are the International Court of Justice and member institutions of the World Bank Group, the International Finance Corporation and the Multilateral Investment Guarantee Agency.
Holding International Institutions Accountable: The Complementary Role of Non-Judicial Oversight Mechanisms and Judicial Review
Authors: de Wet Erika
Published: March 2019

The current contribution focuses on the oversight over international institutions, which is used as a synonym for the accountability of such entities. It departs from the principle that all entities exercising public authority have to account for the exercise thereof. The growing power of international institutions in areas that were formerly regulated domestically, along with the growing impact of their conduct on (the rights of) States and non-State actors alike, has thus far not been matched by a shift in accountability relationships beyond those applicable within the confines of the territorial State. Understandably therefore the calls for the accountability of international institutions have increased in recent years, as it is seen as essential for ensuring their credibility and for securing control over public power.
International Composite Administration: Conceptualizing Multi-Level and Network Aspects in the Exercise of International Public Authority
Authors: von Bogdandy Armin , Dann Philipp
Published: March 2019

The administration of the traditional nation-state used to operate as a rather closed system to the outside world. Today, cooperation between the public authorities of different States and between States and international bodies is a common phenomenon. Yet the characteristics and mechanics of such cooperation can hardly be understood using the concepts domestic public law or public international law currently on offer. Conventional concepts, such as federalism, confederalism or State-centered “realism” hardly fathom the complexity of interactions or reflect the changed role of the State, while more recent concepts, such as multi-level systems or networks, seem to encompass only parts of the phenomena at hand. Given this void, we propose to explore the notion of “composite administration” (Verbundverwaltung) and argue that it offers a concept which can combine more coherently the seemingly diverging legal elements of cooperation and hierarchy that distinguish administrative action in what often is called a multi-level administrative system. Even though the concept of composite administration was originally designed and further developed with respect to the largely federal European administrative space, we suggest testing the concept in the wider context of international cooperation. We believe that it offers valuable insights and raises critical questions, even though we do not intend to insinuate any proto-federal prospects of the institutions discussed in this paper.
Legitimacy of International Law and the Exercise of Administrative Functions: The Example of the International Seabed Authority, the International Maritime Organization (IMO) and International Fisheries Organizations
Authors: Wolfrum Rüdiger
Published: March 2019

It is possible to speak of international administration only if an international entity is truly exercising functions equivalent to States. While such cases are rare, as Joseph Weiler emphasized in a different context, they do exist. One such case is the International Seabed Authority, which exercises legislative as well as executive functions concerning the international seabed (Area) and its resources. Furthermore, the legal regime on the international seabed comprises a fully elaborated system for the settlement of disputes available to public and private actors involved in the exploration and exploitation of mineral resources in the Area. The functions assigned to IMO and some fisheries organizations have not quite reached this level. Nevertheless one can observe that these organizations, too, prescribe binding rules, at least de facto. However, they lack the jurisdiction to enforce such rules directly; in that respect they are relying on the enforcement of States to enforce such rules acting under different capacities such as flag States or port States. One may consider these legal regimes as belonging to a multilevel system (Mehrebenensystem) where the prescriptive and executive functions are being vested in different entities.
David Currie and German Constitutional Law
Authors: Quint Peter E.
Published: March 2019

Without much doubt, the two great pillars of American scholarship on the German Basic Law and the jurisprudence of the Federal Constitutional Court are (in the order of first appearance) Donald Kommers's monumental casebook,The Constitutional Jurisprudence of the Federal Republic of Germanyand David Currie's magisterial treatise,The Constitution of the Federal Republic of Germany.Professor Kommers's comprehensive work was a milestone in a long career that has been very substantially devoted to the study of German constitutional law. In the late 1960s, Kommers spent a research year at the German Constitutional Court and, drawing in part on personal interviews with the justices, he published the first major work in English on that court. Since then, Kommers has produced a steady stream of significant works on German constitutional law.
German Equal Protection: Substantive Review of Economic Measures
Authors: Eberle Edward J.
Published: March 2019

“Denn nur durch Vergleichung unterscheidet man sich und erfährt, was man ist, um ganz zu werden, was man sein soll.” — Thomas Mann

David Currie devoted a substantial part of his scholarly work to exploring the intricacies of constitutional law, focusing intently on the United States and German constitutional orders. Along with Donald Kommers, Currie was among the first to closely examine the German constitutional system in a search for elucidation. As the quote by Thomas Mann (which he used in his seminal book,The Constitution of the Federal Republic of Germany) illustrates, if we truly want to aspire to realize our talents and ambitions, it is important to look outside national borders to see how things are done elsewhere to discover if there are ways in which we can improve. Staying within the “City upon a Hill,” as many Americans identify the United States, may lead to insularity or, even, a sense of false confidence. Which is why the task of comparative law is so important: looking outside national borders to see what other perspectives are out there, and then comparing and contrasting the foreign and domestic to learn which, upon consideration, is better or worse and for what reasons.
Parliamentary Consent to the Use of German Armed Forces Abroad: The 2008 Decision of the Federal Constitutional Court in theAWACS/Turkey Case
Authors: Aust Helmut Philipp , Vashakmadze Mindia
Published: March 2019

Since the German Federal Constitutional Court's 1994 decision on the deployment of AWACS surveillance aircraft over the Adriatic Sea, it is one of the cornerstones of German constitutional law that Parliament (theBundestag) needs to consent to the external use of German Armed Forces in situations where imminent involvement in hostilities is likely. However, theBundestagmay neither determine “the modalities, the dimension and the duration of the operations, nor the necessary coordination within and with the organs of international organizations.” As the requirement of constitutive parliamentary approval is not directly set out in the German Basic Law, the Federal Constitutional Court (in the following: FCC or the Court) derived it from the general constitutional framework. The concept of “parliamentary army”, designed by the Court, attempts to strike a balance between executive effectiveness and parliamentary participation.
The Case ofLavalin the Context of the Post-Enlargement EC Law Development
Authors: Belavusau Uladzislau
Published: March 2019

This article does not envisage an overwhelming goal to present a detailed X-ray of the recently much-discussed ECJ decisions in the field of social law, namelyLavalandViking.One could find several very profound papers whose authors thoroughly explore the various issues at stake, including the trade unions strategies in the frame of the EC Law, the role of the Posted Workers Directive, a horizontal direct effect in the context of the service-providing, the negotiation of wages and the Scandinavian social model. Therefore, the goal of this piece is to putLavalinto the macroflora of a wider context, inherent to the effects of the post-enlargement labour conflict and its implications for the fundamentalization of social rights in the Union.
The Is and the Ought of International Constitutionalism: How Far Have We Come on Habermas's Road to a “Well-Considered Constitutionalization of International Law”?
Authors: Giegerich Thomas
Published: March 2019

In recent years, a growing chorus of publicists – lawyers, philosophers, political scientists and others – has discussed and often advocated the “constitutionalization” of international law, i.e. the gradual transformation of the whole or at least parts of international law into a world constitution. These “constitutionalists,” many of them having a German background, point to various recent phenomena such as international legal norms with erga omnes effects and peremptory norms (jus cogens) which seem to establish a hierarchical order of global values, going far beyond the classical inter-State relationships of coexistence and synallagmatic exchange. They further list compulsory judicial or quasi-judicial dispute settlement mechanisms (e.g., in the WTO). The constitutionalists put particular emphasis on the human rights revolution since 1945 and the rise of international criminal law that is administered by various international criminal tribunals – phenomena which have transformed individuals into (partial) subjects of international law alongside the states.
40/68 – “We Are Not Going to Defend Ourselves Before Such a Justice System!” – 1968 and the Courts
Authors: Klimke Martin
Published: March 2019

On November 29, 1967, Commune I member Fritz Teufel had to face his second day in a West Berlin courtroom. Teufel was charged with breaching the public peace for allegedly hurling stones at policemen during a demonstration against the visit of the Shah of Persia on June 2, 1967– the same event during which West German police officer Karl-Heinz Kurras killed twenty-six-year-old student Benno Ohnesorg with a shot to the head. When the judge entered the courtroom that day in late November, Teufel sat in the same spot in which only one week before Kurras had been acquitted of involuntary manslaughter for his actions on June 2. As everybody stood up, Teufel alone remained in his seat, leisurely browsing through the day's newspaper. Only after the judge repeatedly urged him to stand up, stop his defiant behavior, and pay his respects to the court did Teufel slowly rise to his feet and utter a seemingly spontaneous and sardonic remark, which became a rallying cry for the mocking and disrespectful attitude of the student movement against West German authorities: “Well, if it's gonna help establish the truth…” (Naja, wenn's der Wahrheitsfindung dient).
Sozialstaatlichkeitin Europe? A Conflict-of-Laws Approach to the Law of the EU and the Proceduralisation of Constitutionalisation
Authors: Joerges Christian
Published: March 2019

“Sozialstaatlichkeit”is a collection of essays dedicated to the author ofNegative Freiheitsrechte und gesellschaftliche Selbstorganisation? Reflections on the survival of welfarism in the postnational constellations after his analyses of globalisation and Europeanisation? Affirmative references to the Discourse Theory of Law and Habermasian notions of Proceduralisation at all levels of governance against “Proceduralisation and its use in a post-modern legal policy?” “Are you trying to deliver something like an Anti-Ladeur.” No, neither Sisyphus nor Hercules, let alone Friedrich Engels, has inspired this essay. Its argument should rather be observed in the spirit of conflict-of-laws,i.e.of a discipline which accepts as a normative fact that different academic projects may be worthwhile despite of, or even because of, the differences of their premises and of the logics of their development, which may be inspired by complementary perceptions of a commonproblématque.
Embeddedness through Networks: A Critical Appraisal of the Network Concept in theOeuvreof Karl-Heinz Ladeur
Authors: Kjaer Poul F.
Published: March 2019

The concept of “network” has become the most central concept within the work of Karl-Heinz Ladeur (KHL). It is an omnibus concept which he uses to extrapolate insights at all levels: It is used to provide a general framework at the level ofGesellschaftstheorie(social theory) in the sense that it provides insights into the general structure of society and thereby into the context within which legal processes unfold. At the level of organizational theory it provides a basis for understanding the transformation of organizational structures as it unfolds through the breakdown of hierarchy and the boundaries between the private and the public, just as the network concept plays an important role in its attempt to formulate a legal theory which is adequate for a society which, according to KHL, has become postmodern.
Liability for Online Services in Germany
Authors: Hoeren Thomas
Published: March 2019

With a growing number of online services which aim to offer their product to a global audience, it becomes increasingly more important to keep informed about the rules and guidelines regulating this business within the countries of the targeted audience. The following article explains the main rules of liability for online services in Germany with special regard to the Telemedia Act.
Western Europe: Last Holdout in the Worldwide Acceptance of Clinical Legal Education
Authors: Wilson Richard J.
Published: March 2019

I have come to believe, over the last two decades of my consulting work outside of the United States, that the origins, growth and acceptance of clinical legal education throughout the world is the greatest single innovation in law school pedagogy – and certainly in student learning – since the “science” of the Socratic, case method was brought to Harvard by Christopher Columbus Langdell. I remember distinctly when I came to this conclusion. It was around the time of a conference held at beautiful Arrowhead Lake, in California, hosted by UCLA Law School and the University of London at the university's conference facility in the mountains of San Bernardino County, startlingly close to Los Angeles. The event was the Sixth International Clinical Conference, held in October of 2005, and it was the first truly international event in that series. Yes, it was an “international” clinical conference, and prior events had provided participants with something of an international flavor, and the event was sponsored by British and American law schools. This, however, was something new, something different.
Teaching “Human Rights in Africa” Transnationally: Reflections on the Jos-Osgoode Virtual Classroom Experience
Authors: Okafor Obiora Chinedu , Dakas Dakas C.J.
Published: March 2019

During the Fall of 2007, as part of a much broader York-Nigerian Universities linkage project that he had been working on for some time, Professor Okafor taught an internationalized version of a pre-existing existing course entitled “Human Rights in Africa.” At the same time, Professor Dakas of the Faculty of Law, University of Jos, Nigeria (assisted by Mr. J.D. Gamaliel) taught a similarly modified version of an existing course at their own institution. Professor Dakas, a former Hauser Global Scholar at New York University and most recently the attorney-general of the Plateau State of Nigeria) was the lead faculty at that partner law school in Nigeria.
The Five Lessons I Learned Through Clinical Education
Authors: Chiesa Nadia
Published: March 2019

In his 1935 indictment of legal education, Karl Llewellyn denounces the law schools of his time as factories pulling in immature, unprepared young men and, three years later, churning out young lawyers who are not significantly better prepared to deal with the realities of the legal profession. Llewellyn's critique touches upon every aspect of the North American legal education experience: the admission of students who lack the necessary critical research and writing skills, the rules-based “casebook” curriculum that ignores policy or practice questions and the release of graduates into the profession, without any follow-up on their experience that could be used to improve the education of the next generation of lawyers. In short, these graduates may have studied law, but they are not ready to practice law.
'You Don't Have to Speak German to Work on the German Law Journal': Reflections on the Value of Being a Student Editor While Being a Law Student
Authors: Allen Danielle , Maheandiran Bernadette
Published: March 2019

Explaining the work of the German Law Journal has become almost second nature to student editors; at one point in our legal careers we all have to justify to a colleague, a future employer, a parent, or potential student editor recruits the existence of a journal that, based on name alone, appears to centre on a civil law country in Europe at a North American law school that teaches the common law. Most of us have some version of this statement ready:

The German Law Journal is a monthly, English-language, peer-reviewed, online law journal that focuses on the recent developments in German, European and International Law. The name reflects the Journal's original purpose: to create a monthly English legal periodical that would make German constitutional jurisprudence more accessible to the non-German speaking world. While the mandate of the Journal has grown over time, the name, however, has stuck.
The Federal Constitutional Court'sLisbon Case:Germany's “Sonderweg” - An Outsider's Perspective
Authors: Grosser Alfred
Published: March 2019

There is no cause for celebration: Instead, the judgement coming out of Karlsruhe must be seen as an expression of the Federal Constitutional Court Justices' fear of subjecting themselves to the European Court of Justice. Indeed, the judgment raises questions about Germany's commitment to Europe.