bluuebunny/crossref_metadata_2025 huggingface dataset:
Negotiating Beyond Deadlock: From the Constitutional Assembly to the Court
Authors: Murray Christina
Published: March 2019

On May 7, 1996 about 50 politicians were gathered together in the Parliament buildings in Cape Town negotiating the final details of South Africa's long-awaited democratic Constitution. There, too, were huddles of advisers, the long-suffering members of the administrative staff of the Constitutional Assembly, and members of the press who, generally absent from the process, had come to record the last moments. Behind the scenes the lay-out team was ready to put the last touches to the document and printers stood ready. Late that night, Cyril Ramaphosa, the Chairperson of the Constitutional Assembly, pleaded with the group in his characteristically ironic fashion: “I know it's late but just 20 minutes more, just 20 minutes – for our Constitution which is for the next 20 years, no, 50 years, 100 years, 200 years. …”
Challenges for Legal Information Provision in Undergraduate Education: The University of Zimbabwe Law Library
Authors: Sibanda Mondli
Published: March 2019

I would like to begin by thanking our hosts and organizers of this Conference for the opportunity afforded me to be present at the IALL, and also to be able to discuss issues relating to legal information provision and transmission in Zimbabwe, a topic which is sadly overlooked and neglected.
Policing and Preventing Human Right Abuses in Africa: The OAU, the AU & the NEPAD Peer Review
Authors: Akokpari John
Published: March 2019

In spite of being signatories to the United Nations Charter and the African Charter on Rights, human rights abuses are rife in African countries. The democratic wave that swept across Africa in the early 1990s and witnessed the demise of many authoritarian regimes only minimised the practice of human rights violations; it did not abate it. There are still reports of opposition activists being jailed without trial for daring to seek level playing fields in politics; journalists being detained or sometimes forced into exile for daring to expose corruption in high places; academics being threatened with arrests for daring to write about mis-governance; workers being dismissed for attempting to unionise or to ask for better remuneration in the face of currency devaluations and inflation. There are countless instances of gross human right abuses, which cannot be recounted here because of time constraints. In some instances, the state has completely failed to promote peace, welfare and private property. Perhaps it is appropriate to describe these states as “failed states.” They are failed states because in spite of maintaining law and order, they are unable to perform their traditional functions, including the protection of human rights.
Puerto Rico's Position within the United States System of Government
Authors: González José Julián Álvarez
Published: March 2019

Good afternoon. It is a pleasure to be here with you at your convention. I will try to be as brief as possible, which is what every last speaker should do. By now, you must be really tired. Although I feel your pain, my topic, however, will not ease your pain. From some perspectives, it is one of the most metaphysical subjects human mind has devised. I will try to make it as straightforward as possible. That is what I tried to do in the description of my talk, which is printed on your program. I tried to synthesize what I would say, so that reasonable men and women could decide that the beach, the pool or the casino would be more worthwhile enterprises.
Basic Indian Legal Literature for Foreign Legal Professionals**
Authors: Narayan Uma
Published: March 2019

Among Asian Nations, India has become a major political, cultural and business hub. This situation has contributed to frequent interaction of foreign governments, foreign nationals and businesspersons with India and Indians. In order to make them aware of the Indian Legal System and Literatures - so that they act within scope of the system – I present here a brief article giving an introduction to Indian legal literature and legal sources.

Two earlier resources for Indian legal materials include:

1. A Bibliography of Indian Law, edited by Charles Henry Alexandrowicz, (Oxford University Press, 1958), and

2. Indian Legal Materials: A Bibliographic Guide, by H.C. Jain, (N.M. Tripathi, Bombay, 1970).
Legal Education in China: English Language Materials
Authors: O'Brien Roderick
Published: March 2019

Modern legal education began in China late in the Qing dynasty (1644–1911), and then expanded during the period of the Republic of China from 1912. With the establishment of the People's Republic of China in 1949, legal education entered a new and difficult period. The compilation of English language materials offered here includes a few materials relating to the Qing and Republican periods, but after 1949 only materials relating to the People's Republic of China (mainland China). Hong Kong, Macau, and Taiwan all have separate legal education systems and structures, and are excluded from this compilation.
Legal Informatics: Metamorphosing Law Students into Legal Professionals Based on Empirical Evidence of Attorneys’ Information Seeking Behaviors*
Authors: Lee Jootaek
Published: March 2019

The lack of more practical pedagogy prevents law students from changing and extending their cognitive maps until they have a real job, where they do research, draft documents, advocate, counsel, and negotiate. This study investigates the extension and enlargement of young lawyers’ cognitive maps and their process to resolve a difficult or uncertain situation.
The Digital Legal Landscape in South America: Government Transparency and Access to Information† ††
Authors: Miguel Teresa
Published: March 2019

The governments of ten South American countries (Argentina, Brazil, Bolivia, Chile, Colombia, Ecuador, Paraguay, Peru, Uruguay, and Venezuela) vary widely in the quantity and quality of free legal information each offers to its citizens. Each country has made a significant effort in providing basic legal texts, such as codes, laws and decrees, in a systematic, searchable, and reliable database. Jurisprudence of the courts, whose significance varies widely among these countries steeped in the civil law tradition, is often less accessible. Some countries have more means and better infrastructure than others which, naturally, is reflected in the quality of the databases, search engines, and archives.
Legal Issues with Respect to Free Trade between United States and Mexico
Authors: Sandoval Rodolpho
Published: March 2019

As the United States and Mexico begin to pursue seriously the development of a Free Trade Agreement to open the international doors of opportunity to each other, a legal framework must be developed to support the international economic infrastructure necessary to develop free trade in the most efficient, and equitable manner. Whether the Free Trade Agreement becomes a reality beyond the present maquiladora program depends on several legal questions. These legal questions are discussed in this paper.
The United Nations and other International Organizations: Sources of Information—A Selected List
Authors: Hajnal Peter I.
Published: March 2019

Peter I. Hajnal, the Government Publications Specialist at the University of Toronto and the author of many reference books and articles relating to the publications of international organizations, has compiled a list of 110 publications he believes to be currently the best, and most useful sources of information produced by international organizations in general and the United Nations and its specialized agencies in particular, as well as books written about such organizations and their publications.

This list was originally prepared for the Conference on the United Nations: Law and Legal Research sponsored by and conducted at the Institute for Comparative and International Legal Research, Center for International Legal Studies, St. Mary's University School of Law, San Antonio, Texas. At this important conference, which took place on February 20–22, 1991, a number of specialists discussed different aspects of the United Nations and described the publications, as well as other information activities, of the United Nations and its specialized agencies. Mr. Peter I. Hajnal spoke about United Nations publications. In conjunction with his lecture he distributed to the participants of the conference the excellent list reproduced below. The list is published with the kind permission of its author and Professor Robert L. Summers, Jr., the Director of Training at the Institute for Comparative and International Legal Research, St. Mary's University School of Law.
The Harmonisation of European Private Law Systems and the Role of Comparative Law
Authors: Hahn Anne-Catherine
Published: March 2019

Comparative and international law has traditionally played a relatively minor role in legal education and research. J Recent years, however, have seen an increasing interest in comparative law, in particular in Europe, where its protagonists are involved in a vivid debate over the harmonisation of national private law systems. In the following remarks, I will, on the basis of one particular example, try to illustrate the type of comparative legal research that supports this debate. Before doing so, I will briefly present the different drivingforces that contribute to the harmonisation ofEuropean private law systems.
Research in the Peaceable Kingdom: A Selected, Annotated Bibliography on Animal Law From an International Perspective
Authors: Weaver Bobbi Ann
Published: March 2019

Animal rights and animal welfare issues have reached beyond national boundaries and are now the focus of a variety of international concerns. For example, the current controversy surrounding the sale of bear parts from animals in North America to Asian nations for use in traditional medicines involves the laws of the United States and Canada, the market for bear parts in Asia, and the regulations of trade in endangered species on an international level. Other international animal rights issues include the environmental threat to wildlife in the Antarctica, the importation to the U.S. of coats made from dog and cat pelts, and the impact of animal husbandry on the problem of world hunger.
The Legal System of the Republic of Moldova An Overview
Authors: Harjevschi Mariana , Andritchi Svetlana
Published: March 2019

The Republic of Moldova (www.moldova.md) is a sovereign, independent state, situated in southeastern Europe between Romania and Ukraine. The form of government of the country is the Republic. Governed by the rule of law, the Republic of Moldova is a democratic state in which the dignity of people, their rights and freedoms, the free development of human personality, justice and political pluralism represent supreme values, guaranteed by the Constitution's Article 1.
FLAG: The New Internet Gateway to Foreign Law Holdings in UK National and University Libraries
Authors: Clinch Peter
Published: March 2019

Where in the UK can I locate the most extensive collection of the current legislation for the Cayman Islands?

Which library has a comprehensive set of the World Trade Organisation International Trade Law Reports?

Where can I find verbatim debates on bills as they pass through the New Zealand House of Representatives?

Where are good collections of international environmental or commercial law?

What are the opening hours and access conditions for a visiting researcher wishing to use the official publications collection of a particular major UK university?
Trying War Crimes in International Courts
Authors: Wald Patricia M.
Published: March 2019

Dr. Kauffman, friends. I am delighted to be back on my old stamping grounds at Yale Law School, which I attended some half-century ago in an era when World War II had been successfully completed and terrorism had not yet been defined as a global threat. The Nuremberg Tribunal was ongoing during part of my time at law school but I'm ashamed to say few of us paid much attention to it. We did not foresee any need to learn its lessons in our “brave new world.” But as we are so often reminded, those who do not heed the lessons of history are condemned to repeat them, and evil has reappeared in new guises over the past 50 years, requiring new responses on an international level. So fast forwarding to the present, I have recently returned from two years service as a judge on the International Criminal Tribunal for the former Yugoslavia (ICTY) at the Hague; this was after twenty years as a judge on the U.S. Court of Appeals for the District of Columbia Circuit. The Yugoslav Tribunal has been in existence for more than 9 years and I believe its history and accomplishments are a worthy subject for scrutiny, especially in light of the new International Criminal Court just getting off the ground. I am therefore pleased to share some observations on the Tribunal's successes and problems, and to offer some modest recommendations to future tribunals.
The Law Under Stress after September 11
Authors: Koh Harold Hongju
Published: March 2019

Collectively, you law librarians gathered here must have been affected by the many legal fallouts from September 11: the Office of Homeland Security, the USA Patriot Act, the Use of Military Force Resolution-, the thousands of casualties of all nationalities; the detainees; the military commissions; the prosecutions; the habeas cases. But even as you have studied and researched these individual issues, you have probably wondered whether something bigger is going on. Are these legal fallouts only symptoms of a much larger phenomenon: a post-World War II legal system placed under stress by September 11?
Admissibility of Computer-Generated Evidence Under Nigeria's (New) Evidence Act, 2011
Authors: Akinwumi Olayinka Silas , Lawal Kamoru Tiawo
Published: March 2019

Computers and other electronic information and communication devices represent a new millennium in the age of technology development. The advent of computers brought with it a new form of record keeping in software - microfilms, microchips, diskettes, flash drives - that are not by any means within the former understanding of the word ‘documents.' However, tendering computer-generated evidence is often as contentious and acrimonious as the underlying litigation itself, with the party opposing such evidence usually relying on the hearsay rule, among other forms of objections under the old Evidence Act, to prevent its admission.

This article examines the relevance and conceptual analysis of sections of the new Evidence Act, 2011 under which computer-generated evidence can be admissible in evidence as well as the conditions to be fulfilled under each section. The article concludes by suggesting further steps that can create room for other forms of electronic or computer-generated evidence in Nigerian courts.
140 Characters or Less: An Experiment in Legal Research
Authors: Ellis Patrick M.
Published: March 2019

In 1995, Robert Ambrogi, former columnist for Legal Technology News, wrote about the Internet's potential to revolutionize the accessibility and delivery of legal information. Almost 25 years later, Ambrogi now describes his initial optimism as a “pipe dream.” Perhaps one of the greatest problems facing the legal industry today is the sheer inaccessibility of legal information. Not only does this inaccessibility prevent millions of Americans from obtaining reliable legal information, but it also prevents many attorneys from adequately providing legal services to their clients. Whether locked behind government paywalls or corporate cash registers, legal information is simply not efficiently and affordably attainable through traditional means.
Research Guide to European Data Protection Law
Authors: McCarty-Snead Steven S. , Hilby Anne Titus
Published: March 2019

“Data protection” law refers to the legal scheme governing the collection, holding, processing, disclosure, and transfer of individuals’ personal information online … and off. Data protection is a fast-changing and increasingly important supranational, international (including transnational), and national topic that touches on a numerous core political concerns, including the freedom of expression, public safety, and international trade. One recent study found that “data privacy laws are spreading globally, and their number and geographical diversity accelerating since 2000.”
Structuring Big Data to Facilitate Democratic Participation in International Law
Authors: Fuller Roslyn
Published: March 2019

This is an interdisciplinary article focusing on the interplay between information and communication technology (ICT) and international law (IL). Its purpose is to open a dialogue between ICT and IL practitioners that focuses on the ways in which ICT can enhance equitable participation in international legal structures, particularly through capturing the possibilities associated with big data. This depends on the ability of individuals to access big data, for it to be structured in a manner that makes it accessible and for the individual to be able to take action based on it.
Adolf Sprudzs
Authors: Rusis Armins
Published: March 2019

Adolf Sprudzs, Associate Editor of the International Journal of Legal Information (formerly International Journal of Law Libraries), has a few months ago (on September 19, 1982) celebrated his sixtieth birthday.

By common consensus of the Editor-in-Chief and the other Associate Editors this issue of the Journal is dedicated to him as a token of gratitude and appreciation for his incessant efforts to improve and enlarge The International Bookshelf of which he has been the dedicated section editor, as well as in recognition of his achievements in the field of national and international law librarianship.
Computerized Legal Databases: An International Survey
Authors: Kavass Igor I. , Hood Howard A.
Published: March 2019

All professions are dependent to some degree on their corpus of literature. For several reasons this dependency is especially acute for the legal profession. First, a large part of legal literature is “authoritative” in a sense different from the literature of, say, medicine or history. Legal authority is binding, backed by the coercive apparatus of the state. One is compelled to be familiar with legal authority, for, in the ancient phrase, ignorance of the law is no excuse. Second, the very principles of Western legal systems require that governmental bodies operate according to law. Courts must resolve their cases in accordance with the law. This jurisprudential theorem imposes upon lawyers and judges the duty of identifying and examining all relevant legal authority. Failure to exercise due care in carrying out this duty may render the attorney liable to a suit for malpractice.
International Administrative Tribunals: Current Status and Related Bibliography
Authors: Thompson Linda L. , Rodriguez Selma
Published: March 2019

International administrative tribunals have gained in popularity during the past several years. These tribunals have been established as the need arose to adjudicate disputes between international organizations and their staff members. Since the disputes are internal in nature, the tribunals filled the lacunae between local or national jurisdiction on the one hand, and a global international forum on the other.
Disk and Dat: Recent Developments in Legal Databases and Emerging Information Technologies in the United States
Authors: Hood Howard A.
Published: March 2019

This is the third installment in a series of studies which began in 1983. The earlier essays surveyed computer-assisted legal research in Europe, the Commonwealth, and North America. The present study will concentrai on developments in the United States.
The Belgian Law of Affiliation
Authors: Glos George E.
Published: March 2019

Belgium has a new law on affiliation. It was enacted on March 31, 1987, and replaced the existing provisions in Book I, Title VII, of the Civil Code. The new provisions are contained in articles 312 including 341 of the Civil Code. The parent-child relationship has, however, further ramifications in other parts of the Civil Code dealing with certificates of the civil status, missing persons, marriage, divorce, parental authority, minority, guardianship and emancipation, successions, and gifts inter vivos and wills, which were also amended to reflect the new concepts. Further necessary modifications were made in the Judiciary Code, the Criminal Code, and in some other existing legislative texts. The new legislation also has extensive transitory provisions. In addition, the pertinent modifications affecting adoption were made in the Law of April 27, 1987, Modifying Several Legal Provisions Concerning Adoption, and a new law, the Law of May 20, 1987, Concerning the Abandonment of Minor Children, further improved the standing of children.
Legal Diversity in a Flat, Crowded World: The Role of the Hague Conference
Authors: van Loon Hans
Published: March 2019

In the beginning of this month we commemorated the collapse of the Berlin Wall. The 9th of November 1989 not only marked the end of the Cold War but also the opening up of the possibility of joining global, and regional, economic activities and institutions for millions of people east of the wall - and indeed elsewhere in the world, from India to Latin America. This has levelled the global economic playing field. It has “flattened” our world. For some, this marked the beginning of the globalization process. But our world has become “horizontal” in a more fundamental sense and over a longer period of time. Human relationships are now far more than in the past determined by horizontal connections with like-minded others across borders, including virtual connections through cyberspace and mass-media, and much less by vertical lines of authority within a closed society.
The Law of Successions I: Intestacy Under Catalan Law
Authors: Bosch Jaume Tarabal
Published: March 2019

This paper provides an overview of the legal regulation of intestate succession in Catalonia. In particular, it explores the principles that govern its operation and the main novelties introduced in it by the Law 10/2008, of 10 July, which enacted Book IV of the Catalan Civil Code, on the law of succession.
Could a United Nations Code of Conduct Help Curb Atrocities? A Response to Bolarinwa Adediran
Authors: Luck Edward C.
Published: March 2019

In an article titled “Reforming the Security Council through a Code of Conduct: A Sisyphean Task?” (Ethics & International Affairs 32, no. 4, pp. 463–82), Bolarinwa Adediran argues that efforts to establish a code of conduct at the UN Security Council amount to energy misspent—for reasons both of practicability and effectiveness. While it is true that the proposed codes of conduct do not offer any shortcuts or magic answers to the dilemmas surrounding efforts to prevent atrocity crimes and protect populations, I disagree with the assessment that these initiatives will ultimately prove to be “unhelpful.” I examine the initiatives on three levels of analysis: (1) their effect on political and normative movement toward giving increased attention to human security considerations, (2) their effect on Security Council decision-making, and (3) their effect on atrocity prevention and protection on the ground. The proposed codes have both downside risks and upside potential on all three levels, but it is on the first level that my assessment most sharply diverges from that of Adediran.
The Many Evils of Inequality: An Examination of T. M. Scanlon's Pluralist Account
Authors: Schemmel Christian
Published: March 2019

Why Does Inequality Matter? is the long-awaited book-length development of T. M. Scanlon's views on objectionable inequality, and our obligations to eliminate or reduce it. The book presents an impressively nuanced and thoughtful analysis as well as succinct explanations of different objections to various forms of inequality. It is not only set to further cement Scanlon's influence on philosophical debates about equality but also makes a good guide to the problems of inequality for the nonspecialist reader. The book is not without faults, however. Even within a pluralist approach to inequality such as Scanlon's, it is not sufficiently clear what, if anything, his specific objections to status inequality, and to control over other people's lives, have in common with his other egalitarian objections to inequality of political influence, opportunity, and income and wealth—or whether, in the case of control, the objection is egalitarian at all.
Seasonality and trends in incidence of human ehrlichiosis in two Missouri ecoregions
Authors: Andrews K. E. , Eversman K. K. , Foré S. A. , Kim H. J.
Published: March 2019

Ehrlichiosis is a zoonotic illness caused by Ehrlichia pathogens transmitted by ticks. Case data from 1999 to 2015, provided by the Missouri Department of Health and Senior Services (DHSS), were used to compare the seasonality and the change in incidence over time of ehrlichiosis infection in two Missouri ecoregions, Eastern Temperate Forest (ETF) and Great Plains (GP). Although the number of cases has increased over time in both ecoregions, the rate of change was significantly faster in ETF region. There was no significant difference in seasonality of ehrlichiosis between ecoregions. In Missouri, the estimated ehrlichiosis season begins, on average, in mid-March, peaks in June, and concludes in mid-October. Our results show that the exposure and risk season for ehrlichiosis in Missouri is at least 7 months long.
Stress perception following childhood adversity: Unique associations with adversity type and sex
Authors: LoPilato Allison M. , Addington Jean , Bearden Carrie E. , Cadenhead Kristin S. , Cannon Tyrone D. , Cornblatt Barbara A. , Mathalon Daniel H. , McGlashan Thomas H. , Perkins Diana O. , Tsuang Ming T. , Woods Scott W. , Walker Elaine F.
Published: March 2019

Childhood adversity is associated with poor mental and physical health outcomes across the life span. Alterations in the hypothalamic–pituitary–adrenal axis are considered a key mechanism underlying these associations, although findings have been mixed. These inconsistencies suggest that other aspects of stress processing may underlie variations in this these associations, and that differences in adversity type, sex, and age may be relevant. The current study investigated the relationship between childhood adversity, stress perception, and morning cortisol, and examined whether differences in adversity type (generalized vs. threat and deprivation), sex, and age had distinct effects on these associations. Salivary cortisol samples, daily hassle stress ratings, and retrospective measures of childhood adversity were collected from a large sample of youth at risk for serious mental illness including psychoses (n= 605, mean age = 19.3). Results indicated that childhood adversity was associated with increased stress perception, which subsequently predicted higher morning cortisol levels; however, these associations were specific to threat exposures in females. These findings highlight the role of stress perception in stress vulnerability following childhood adversity and highlight potential sex differences in the impact of threat exposures.
The Bologna Process and German Legal Education: Developing Professional Competence through Clinical Experiences
Authors: Bücker Andreas , Woodruff William A.
Published: March 2019

The Bologna Declaration of 19 June 1999, committed 29 European nations, including Germany, to develop a system of higher education

based on two main cycles, undergraduate and graduate. Access to the second cycle shall require successful completion of first cycle studies, lasting a minimum of three years. The degree awarded after the first cycle shall also be relevant to the European labour market as an appropriate level of qualification. The second cycle should lead to the master and/or doctorate degree as in many European countries.
The Reform of German Private Limited Company: Is the GmbH Ready for the 21stCentury?
Authors: Beurskens Michael , Noack Ulrich
Published: March 2019

TheGesellschaft mit beschränkter Haftung(GmbH - Private Limited Company) is the most popular organizational form for businesses in Germany – numbering almost one million entities in 2007. The GmbH is not only popular for entrepreneurs, but also serves a role in corporate groups and can be more or less easily upgraded to anAktiengesellschaft(AG - public corporation). Nevertheless, few changes have been made since its inception in the late 19thcentury, leading to complex case law that would most certainly put a smile on the face of any corporate lawyer. TheGesetz zur Modernisierung des GmbH-Rechts und zur Bekämpfung von Missbräuchen(MoMiG - Law for the Modernization of the GmbH and to Combat its Abuse), the most fundamental reform of the German GmbH, tries to replace much of that case law with statutory rules, while also eliminating certain formalities.
The New Unternehmergesellschaft (Entrepreneurial Company) and the Limited – A Comparison
Authors: Schmidt Jessica
Published: March 2019

One of the probably most groundbreaking – and at the same time also most contentious – issues of the German reform of private limited companies by the Gesetz zur Modernisierung des GmbH-Rechts und zur Bekämpfung von Missbräuchen (MoMiG – Law for the Modernization of the Private Limited Companies Act and to Combat its Abuse) is the introduction of the Unternehmergesellschaft (UG – Entrepreneurial Company). This new sub-type of the Gesellschaft mit beschränkter Haftung (GmbH – Private Limited Company) is specifically designed for entrepreneurs and has already unofficially been dubbed the “Mini-GmbH” and “GmbH light”. It can be seen as the centerpiece of the legislator's overall aim to facilitate and accelerate the formation of companies and the underlying motive of increasing the international competitiveness of the German GmbH.
The UN Security Council Al-Qaida and Taliban Sanctions Committee: Emerging Principles of International Institutional Law for the Protection of Individuals?
Authors: Feinäugle Clemens A.
Published: March 2019

Some time ago, one could read in the news about Mr. Abdelghani Mzoudi, the friend of the terror pilots of 9/11. He was acquitted of the accusation of aiding and abetting murder but he was not paid the owed compensation for wrongful imprisonment because his name was entered on a sanctions list of the UN. Many readers will have wondered how this could happen. Few if any will have guessed that we are in the middle of a case of international institutional law here, a process with actors on several levels (including a sanctions committee on the UN level), with different procedures and jurisdictions which can affect payments to an accused even after his acquittal. It is precisely this UN sanctions committee and its actions which form the subject of this paper.
Inside Relative Normativity: From Sources to Standard Instruments for the Exercise of International Public Authority
Authors: Goldmann Matthias
Published: March 2019

This article suggests a tentative model for the legal conceptualization of the great variety of instruments by which international institutions exercise public authority, brought to light by the thematic studies of this project. If one were to display this variety of instruments on a scale that ranges from binding international law to non-legal instruments, hardly any thinkable step on this scale would remain empty. Situated at the top end of the scale one would find binding instruments such as international treaties, periodic treaty amendments, decisions on individual cases with binding effect or decisions having the potential to become binding by way of domestic recognition. While these instruments clearly have external legal effects, other instruments seem to be purely internal rules of procedure, although they have in fact considerable repercussions for national administrations. Next come various types of soft, i.e. non-binding legal instruments. Some of these instruments operate in the shadow of binding instruments. Others are kept in purely soft form, like product standards or codes of conduct, but also decisions concerning individuals. In the lower part of the scale one would find instruments containing non-binding rules that are foremost aimed at facilitating consultation, or soft private law instruments. At the bottom end one would discover non-legal instruments that are devoid of any deontic elements, but nevertheless have a high legal or political impact on the affected policy area. Examples of this class of instruments include factual assessment reports, indicators, reports on implementation and compliance, and databases.
Universalism Renewed: Habermas' Theory of International Order in Light of Competing Paradigms
Authors: von Bogdandy Armin , Dellavalle Sergio
Published: March 2019

Social order is the telos of law and politics. This study will present Jürgen Habermas' thought on this topic as one of the most important of the last forty years. By collocating it within the broader discussion on social order, we will highlight the potential, but also some problems of his universalistic proposal in light of challenges at the outset of the 21st century. This article argues that Habermas' communicative paradigm provides a conceptual framework for a universal public law protecting peace and human rights in an effective and legitimate way. It can be understood as a regulative idea, guiding transformative work of scholars, politicians and lawyers, rather than as a theoretical instrument that conceptualises international law in its current institutional setting.
The World State: A Forbidding Nightmare of Tyranny? Habermas on the Institutional Implications of Moral Cosmopolitanism
Authors: Tinnevelt Ronald , Mertens Thomas
Published: March 2019

“The world truly shares a common fate.” These words seem to resonate with Immanuel Kant's famous statement that “a violation of right ononeplace of the earth is felt inall.” Yet, they are not from hisToward Perpetual Peacebut from theUN Millennium Projectreport. What makes our world one of “overlapping communities of fate” are first and foremost the “interconnected threats and challenges” we face in our globalizing age. During the last fifty years we witnessed an enormous growth of transboundary problems – climate change, migration, terrorism, infectious diseases, violent conflicts etc.
The Day the Earth Stood Still? – Reading Jürgen Habermas' Essay “February 15” Against Ian McEwan's Novel Saturday
Authors: Miller Russell A.
Published: March 2019

The third essay in Habermas' collection The Divided West is entitled “February 15, or: What Binds Europeans.” The essay regionalizes the global claims Habermas makes in the longer chapter “Does the Constitutionalization of International Law Still Have a Chance?” That is, in “February 15” Habermas makes the case for a European post-national order that he hopes will become the vanguard for the emergence of universal cosmopolitanism. Habermas concludes that all that is lacking for the achievement of this beachhead from which Europe can, in its turn, champion a “community of free and equal citizens” in a “global public sphere,” is a “European identity.”
40/68 – Germany's 1968 and the Law
Authors:   Washington & Lee University GLJ Seminar Fall 2008
Published: March 2019

Democracy thrives in that narrow space that divides order from chaos; it is a balance between the order of law and government with the necessary disorder dissent and protest create. The year 2008 marked the 40th anniversary of 1968–when that balance momentarily appeared to shatter in West Germany. The young democracy was still defining itself, shaping its new identity while coming to terms with its past. In 1968 this new government of the old guard, obsessed with order, clashed with a new generation that saw many of the faults of Germany's Nazi past masquerading as democracy. But the new government was built upon the old authoritarian superstructure. The youth of the 60s eventually became the establishment, and now they are turning over power to a new generation. Although the torch has been passed from Clinton and Schroeder to Obama and Merkel, the legacy of the students of 1968 continues to echo through modern times. In December of 2008, the shooting of a teenage boy by Greek police ignited violent protests that rapidly spread across the country. Like the protests of 1968, the purpose of the protests in Greece was greater than the event that sparked it. The shooting tapped a deeper well of unrest. Like the protests of 1968, the goal of the protesters was unclear, but the passion was unmistakable.
40/68 – Notes from the Ground: Reminiscences of a Reluctant 68er
Authors: Crockett Roger
Published: March 2019

The problem with our memories is that our imagination constantly interferes. Friedrich Dürrenmatt contended that whether something would have been possible is sometimes more important in memory than that which was real, so that past possibility becomes confused with past reality. Put another way, that which was possible gradually encroaches on that which was real, until years later memory accepts the synthesis as fact. Must, then, the designation “non-fiction” for any memoir not be a contradiction in terms? What I was in 1968 is not quite what I wish I had been, and the temptation is strong to impute motivations in retrospect that were not present at the time. The fact that it has been forty years since my experiences and that I have never written them down before, renders any attempt at chronological accuracy futile. Thus, I am grateful to the editors of the German Law Journal for heartily accepting this subjective, rather than an historically objective, report from the ground.
Challenges in Legal Education and the Development of a New European Private Law
Authors: Akkermans Bram
Published: March 2019

These are exciting times for European private law. After many years of research the publication of the Draft Common Frame of Reference in the form of the interim outline edition of 2008 and, in particular, of the Outline Edition in 2009, is set to change the landscape of legal education in private law. Although many universities are likely to continue a traditional curriculum based on national law, possibly with comparative influences, for some universities this will be an occasion to move from a comparative to more truly European curriculum. The change to a European-based curriculum is controversial in legal education as the need to train nationally qualified lawyers remains. However, there are some experiences with the setting up of a European-based curriculum that might demonstrate a possibility of how to do this.
The Ambivalent Role of Experiential Learning in American Legal Education and the Problem of Legal Culture
Authors: Siegel David M.
Published: March 2019

Recent criticism of American legal education has focused on its being theory-driven rather than practice driven, which either produces or reinforces a divide or gap between theory and practice. Yet two features of American legal education expressly draw upon experiential learning, one directly by sending students into experiential learning situations (legal clinics) and the other indirectly by bringing instructors who are engaged full-time in active practice into the classroom (i.e. adjunct faculty). If skills development is a feature of American legal education, to what degree can, or should, this be transplanted to other systems of legal education? Are American experiential techniques of legal education meaningful elsewhere?
'In the Public Interest': The Responsibilities and Rights of Government Lawyers
Authors: Hutchinson Allan C.
Published: March 2019

While considerable thought and effort has been put into exploring and fixing the ethical rights and professional responsibilities of private lawyers, little energy has been directed towards defining and defending the role and duties of government lawyers. As a result, the traditional understanding seems to be that government lawyers are to consider themselves as being under the same regimen and restrictions as their private counterparts. After criticizing this default approach, the article offers a fresh evaluation of what is different about the role of government lawyers and develops a more appropriate model for thinking about their professional responsibilities and ethical privileges. The central thrust of the article is the effort to appreciate legal ethics and professional responsibility as part of a larger democratic understanding of law and justice.
Nurturing Commitment in the Legal Profession: Student Experiences with the Osgoode Public Interest Requirement
Authors: Leiper Janet
Published: March 2019

“Eye-opening,” “disheartening,” and “inspiring” are some of the words used by law students who met in 2008–2009 to discuss their mosaic of experience in the field doing public interest work. These students had returned from placements under the first mandatory public interest requirement to be introduced in a Canadian law school (the Osgoode Public Interest Requirement, OPIR). OPIR arose from questions about the relationship between what is learned in law school and what is required to be a professional. Academics have challenged each other to do more to instill an “ethos of professionalism” during law school. Others have suggested that law students who do not receive exposure to the world outside the walls of the law school carry an “idealized conception of the profession” and are often unaware of the many practice contexts available to them. Others have warned that if ethical and professional responsibilities are not modeled and articulated for students, that teaching only the “law of lawyering” does not prepare students for becoming ethical lawyers. Teacher-educator Lee Shulman has bluntly accused law schools of “failing miserably” at connecting its lessons in how to “think like a lawyer” with how to “act like a lawyer.” For years, there have been similar concerns raised about the decline of professionalism among lawyers, both in Canada and in the U.S. A survey of Osgoode graduates revealed that students wanted more opportunities to engage with the community and to experience non-traditional forms of law practice. Osgoode Hall Law School grappled with many of these questions, and in 2007 it approved changes to the curriculum, including a new first year Ethics course (Ethical Lawyering in a Global Community, ELGC) and OPIR. In addition to the more traditional first year mandatory course load, Osgoode Hall law students must also complete ELGC, a minimum of 40 hours of public interest work and then engage in a discussion or written exercise reflecting on their experiences. These reflections are a valuable lens for seeing the profession and the administration of justice through the eyes of first and second year law students. Their experiences remind us in the profession that learning can flow in both directions.
Lack of Sherpas for a GMO Escape Route in the EU
Authors: Carrau Javier Guillem
Published: March 2019

The foodborne disease and other incidents of food contamination, such as the dioxins crisis, have tested the internal market of the European Union (EU) in relation to the free movement of goods. The protective measures adopted under the safeguard clause obliged EU Member States to act in co-ordination with the European Commission and, in fact, to modify elements of their food chain structure. Certainly the agrofood safety crisis of the 1990s and the review of European food law have resulted in a system in which the European Food Safety Authority (EFSA) plays a key role.
The European Union as An Association of Sovereign States: Karlsruhe's Ruling on the Treaty of Lisbon
Authors: Schorkopf Frank
Published: March 2019

Sixty years after the promulgation of the German constitution, which from the beginning was distinguished by its “visionary openness towards Europe,” the German Federal Constitutional Court reassessed the historic process of European integration. It reviewed the compatibility of the legal foundations of the European Union with the German Basic Law and provided a thorough overview. The Treaty of Lisbon and its sweeping, integrating reform of the European Union is compatible with the Basic Law, the Court's Second Senate ruled, so long as it is applied within the framework outlined by the Federal Constitutional Court. However, the Court found that the German implementation law is not consistent with the Basic Law. Accordingly, the Court made clear that Germany can continue with the ratification of the treaty only after introducing a new implementation law. The 147-page decision could be summarised in the following way: The European Union is an association of sovereign states and, hence, a secondary political area.
“And they shall Beat their Swords into Plowshares” - The Dutch Genesis of a European Icon and the German Fate of the Treaty of Lisbon
Authors: Leibfried Stephan , van Elderen Karin
Published: March 2019

For my grandparents Europe meant peace, for my parents prosperity, for my generation it stands for some practical advantages like traveling without border controls and stipends to study abroad.
Differentiated Integration—Farewell to the EU-27?
Authors: Avbelj Matej
Published: March 2019

In light of the persisting economic crisis, momentum has been building in the European Union to embark, once again, on a path towards a more differentiated integration. The calls in favor of the so-calledtwo-speed Europehave sounded increasingly loud and have come from diverse, but highly influential corners of European socio-political life. Against this backdrop, and with an eye to the historical experience with differentiated integration in the EU, this article examines the following: Just how plausible the emergence of a more differentiated Union actually is at this time; if plausible, what form such differentiated Union could take; and whether this development is normatively attractive or not.
International Trade and Human Rights: An Unfinished Debate
Authors: Ibrahim Abadir M.
Published: March 2019

We are living in a world in which the moral legitimacy of cultures, religions, ideologies, and the practices of states, international organizations, and even corporations is being measured against human rights norms. The moral significance of and practical respect for human rights has grown so much that human rights have been described as a global religion, and a new standard for civilization. International trade, a popular and much debated issue of our time, is one of those phenomena that is currently being measured against the standards of human rights. Leading experts remain divided about whether global trade is good or bad for human rights. There are those who are utterly convinced that the world trade regime has a mutual basis with human rights and see potential in the growth of one as a positive sign for the other. There are also those who, on the other hand, are equally convinced that human rights and international trade regimes are in a relationship of enmity.
The Social Dimension of EU Citizenship – A Castle in the Air or Construction Gone Wrong?
Authors: Dalessio Tina Oršolić
Published: March 2019

This year is designated the “European Year of Citizens”. It marks the 20thanniversary of the establishment of the European Union citizenship under the Treaty of Maastricht. It is important to ask what exactly will be celebrated on this occasion. Specifically, which rights did the European peoples gain by virtue of their so-calledfundamental statusof EU citizenship, and were the guarantees embedded in those rights satisfactory? This article will address these questions by focusing on the social rights field, a field which has been dramatically affected by the development of the European Union citizenship concept.