bluuebunny/crossref_metadata_2025 huggingface dataset:
New Periodicals
Authors: Pratter Jonathan
Published: March 2019

Legal publishing has for the most part remained immune to the phenomenon of what could be called title proliferation—the continual appearance (often followed quickly by their disappearance) of new journals, sometimes of dubious quality, in specialized fields for which there may not be a demand, or even a likely niche. This is not to imply that new law journals are not being published. On the contrary, there is at least anecdotal evidence for the view that new law journals are being published at a faster rate now than a decade, or five years ago. Fortunately, it can be said that those of international and comparative interest are of high quality and deal with emerging fields of law that fully deserve to have new entrants. This column is intended to bring journals of this kind to the attention of our readers. Mention of a journal here should not be taken as an unqualified recommendation for acquisition. Given the number of factors that go into the acquisition decision, it must remain for each person or law library to weigh them.
The Influence of the West German Constitution on the Legal System of the Country
Authors: Goedan Juergen Christoph
Published: March 2019

Article 1 of the Basic Law the Constitution of the Federal Republic of Germany, reads as follow:

“(1)

The dignity of man shall be inviolable. To respect and protect it shall be the duty of all state authority.

(2)

The German people therefore acknowledge inviolable and inalienable human rights as the basis of every community, of peace and of justice in the world.

(3)

The following basic rights shall bind the legislature, the executive and the judiciary as directly enforceable law.”

This article answers, in a nutshell, all the questions one might raise regarding the influence of a constitution on the legal system of a country.
Law Libraries in Germany: An Introduction
Authors: Lansky Ralph
Published: March 2019

Germany, because of its history, has a rather diverse system of law libraries. There are important law collections not only in law libraries but also in general libraries. All our significant libraries are financed from public funds.
Genocide in the Courtroom: On the Interaction Between Legal Experts and Historians
Authors: Houwink ten Cate Johannes
Published: March 2019

My name is Johannes Houwink ten Cate; I am a historian of the Holocaust and I am interested in other modern genocides as well. It would seem appropriate to discuss with you how historians and legal experts have interacted in the past fifty years in dealing with the Holocaust and other modern genocides – insofar as these genocides have been formally acknowledged as such by international courts. So, I will limit my observations to the Holocaust, to the genocide in Rwanda in 1994 and to the genocidal incident that took place in Srebrenica in 1995.
Pilot Project: Access to English Translations of Legislation
Authors: Warendorf Hans
Published: March 2019

It is a pleasure to have this opportunity to address you, law librarians from countries all over the world, about a problem that you may well have been faced with, namely that it is often difficult if not impossible to find English translations of legislation. I will start with this topic followed by the need for Guidelines for translators of legislation.
From Legal Compilations to Legal Codes: A Catalan Legal History Approach (18th–20th Centuries)
Authors: Oleart Oriol
Published: March 2019

This contribution deals with the evolution of the traditional Catalan legal system after the end of the Spanish War of Succession (early 18th-Century) up to the late 20th-Century. It shows how the traditional Catalan legal system survived and evolved through the end of the Old Regime to the 19th-Century constitutional system, and focuses on the traditional Catalan legal system (and law compilations) that survives beside the brand new Spanish Civil code, along with other Spanish existing regional legal regulations (due to historical surviving legal systems from pre-existing kingdoms).
Unresolved and Unresolvable? Tensions in the Refugee Regime
Authors: Bradley Megan
Published: March 2019

Worldwide, growing numbers of refugees are pushed from their homes. At the same time, fewer and fewer are able to access so-called “durable solutions” to their displacement. This has prompted a flurry of efforts to repair the foundering refugee regime. Many such efforts attempt, implicitly or explicitly, to resolve tensions between legal principles, moral duties, and national interests surrounding refugees. As part of a roundtable on “Balancing Legal Norms, Moral Values, and National Interests,” this essay questions the drive toward oversimplification that has characterized these debates, recognizing that some such tensions are “baked into” the problem of refugeehood. While debates have typically focused on the obligation to admit refugees, and on “responsibility sharing,” I advance the conversation by exploring how law, morality, and national interests are entangled in efforts to support durable solutions for refugees, focusing on voluntary repatriation. What does recognition of the intrinsic and in some senses irreconcilable tensions in the refugee regime mean for efforts to support solutions? I argue that advancing durable solutions, however imperfect, for refugees does not mean definitively overcoming these tensions, but rather navigating them to identify context-specific opportunities to reposition refugees as full and equal citizens as a critical step toward reducing their precarity.
Secessionist Conflict: A Happy Marriage between Norms and Interests?
Authors: Biermann Rafael
Published: March 2019

As part of a roundtable on “Balancing Legal Norms, Moral Values, and National Interests,” this essay argues that the policy field of secessionist conflict is structured around a set of five rival norms. The norms of territorial integrity and self-determination form the core of this structure, while the norms of noninterference in internal affairs, human and minority rights, and democracy and good governance each come into play depending on the specific scenario. This configuration permits the parties involved in a secessionist conflict to select from a menu of norms the ones that best suit their interests. Norm selection—a concept that I introduce here—displays remarkable regularities, indicating default positions for each type of actor: home states, secessionist groups, entrapped minorities, patrons, and the broader international community. However, significant outlier cases signal that interests do not simply trump norms but that actors accord different values to those norms over time. This attribution is influenced by the dynamics of a normative environment in which norms rise and fall. In particular since the end of the Cold War, discourse as well as state practice has shifted away from the traditional taboo on secession toward more revisionist concepts, such as remedial secession or earned sovereignty, providing an opening for the secessionist wave that started with the breakup of the Soviet Union and of Yugoslavia.
Humanitarian Diplomacy: The ICRC's Neutral and Impartial Advocacy in Armed Conflicts
Authors: Slim Hugo
Published: March 2019

As part of a roundtable on “Balancing Legal Norms, Moral Values, and National Interests,” this essay describes the humanitarian diplomacy of the International Committee of the Red Cross (ICRC) by comparing it conceptually with other forms of advocacy and illustrating it with the ICRC's recent experience in the Yemen crisis. Humanitarian diplomacy is examined as one particular way of balancing legal norms, moral values, and national interests in the pursuit of greater respect for international humanitarian law (IHL) and principled humanitarian action in armed conflicts. The essay looks back to ancient history for archetypal forms of humanitarian advocacy in various cultural traditions. It then describes humanitarian diplomacy's practice of discreet diplomacy and confidential dialogue with all parties to a conflict, and compares its relatively “quiet” approach with the “loud” approach of outrage activism focused on “naming and shaming,” which tends to be the norm today. The essay argues that there is an important and complementary place for the ICRC's style of humanitarian diplomacy alongside other forms of advocacy even in the face of criticism that the ICRC is sometimes publicly silent about what it knows of atrocities and avoids naming and shaming.
The transmission dynamics of Campylobacter jejuni among broilers in semi-commercial farms in Jordan
Authors: Neves M. I. , Malkawi I. , Walker M. , Alaboudi A. , Abu-Basha E. , Blake D. P. , Guitian J. , Crotta M.
Published: March 2019

Campylobacter is the leading cause of foodborne bacterial gastroenteritis in humans worldwide, often associated with the consumption of undercooked poultry. In Jordan, the majority of broiler chicken production occurs in semi-commercial farms, where poor housing conditions and low bio-security are likely to promote campylobacter colonisation. While several studies provided estimates of the key parameters describing the within-flock transmission dynamics of campylobacter in typical high-income countries settings, these data are not available for Jordan and Middle-East in general. A Bayesian model framework was applied to a longitudinal dataset on Campylobacter jejuni infection in a Jordan flock to quantify the transmission rate of C. jejuni in broilers within the farm, the day when the flock first became infected, and the within-flock prevalence (WFP) at clearance. Infection with C. jejuni is most likely to have occurred during the first 8 days of the production cycle, followed by a transmission rate value of 0.13 new infections caused by one infected bird/day (95% CI 0.11–0.17), and a WFP at clearance of 34% (95% CI 0.24–0.47). Our results differ from published studies conducted in intensive poultry production systems in high-income countries but are well aligned with the expectations obtained by means of structured questionnaires submitted to academics with expertise on campylobacter in Jordan. This study provides for the first time the most likely estimates and credible intervals of key epidemiological parameters driving the dynamics of C. jejuni infection in broiler production systems commonly found in Jordan and the Middle-East and could be used to inform Quantitative Microbial Risk Assessment models aimed to assess the risk of human exposure/infection to campylobacter through consumption of poultry meat.
Annual relative increased in inpatient mortality from antimicrobial resistant nosocomial infections in Thailand
Authors: Phodha T. , Riewpaiboon A. , Malathum K. , Coyte P. C.
Published: March 2019

Antimicrobial resistance is a major health threat worldwide as it brings about poorer treatment outcome and places economic burden to the society. This study aims to estimate the annual relative increased in inpatient mortality from antimicrobial resistant (AMR) nosocomial infections (NI) in Thailand. A retrospective cohort study was conducted at Ramathibodi Hospital, Bangkok, Thailand, over 2008–2012. Survival model was used to estimate the hazard ratio of mortality of AMR relative to those patients without resistance (non-AMR) after controlling for nine potential confounders. The majority of NI (73.80%) were caused by AMR bacteria over the study period. Patients in the AMR and non-AMR groups had similar baseline clinical characteristics. Relative to patients in the non-AMR group, the expected hazard ratios of mortality for patients in the AMR group with Acinetobacter baumannii, Escherichia coli, Pseudomonas aeruginosa and Staphylococcus aureus were 1.92 (95% CI 0.10–35.52), 1.25 (95% CI 0.08–20.29), 1.60 (95% CI 0.13–19.10) and 1.84 (95% CI 0.04–95.58), respectively. In the complete absence of AMR bacteria, this study estimated that annually, in Thailand, there would be 111 295 fewer AMR cases and 48 258 fewer deaths.
Screening for Epstein–Barr virus (EBV) infection status in university freshmen: acceptability of a gingival swab method
Authors: Grimm-Geris J. M. , Dunmire S. K. , Duval L. M. , Filtz E. A. , Leuschen H. J. , Schmeling D. O. , Kulasingam S. L. , Balfour H. H.
Published: March 2019

Prophylactic vaccines against Epstein–Barr virus (EBV) are under development. EBV-naïve college freshmen are ideal candidates for an efficacy trial, because their incidence of infectious mononucleosis (mono) during freshman year is as high as 20%. To assess perceptions about mono and a mono vaccine, and to learn if EBV immune status could be determined using a gingival swab rather than phlebotomy, we performed a cross-sectional study of 235 healthy students at the beginning of their freshman year. Subjects completed questionnaires and donated oral washes, gingival swabs and venous blood. Overall, 90% of students found the swab easy to use and 80% preferred the swab over venepuncture. Of the 193 students with sufficient samples, 108 (56%) had EBV antibodies in bloodvs.87 (45.1%) in the gingival swab. The sensitivity and specificity of the swab compared with blood for detecting EBV antibodies was 75.9% and 94.1%, respectively, with an accuracy of 89.3%. EBV DNA was detected in the oral wash and swab of 39.2% and 30.4% of blood-antibody-positive individuals, respectively. In conclusion, 44% of our freshmen were EBV-naïve and thus vaccine candidates, the gingival swab was an acceptable alternative to phlebotomy for detecting EBV antibody but needs improved sensitivity, and the perceived value of EBV vaccine was high (72% believed they would benefit).
Democratic rights protection: the case for weak judicial review implicit in the democratic critique of judicial review – RETRACTED
Authors: van Bruggen Machiel
Published: March 2019

Democratic critique of judicial review – A case for judicial review based on democracy – The unsuccessful case against weak judicial review based on democracy – The distinctive democratic qualities of courts – Contestability of political decisions – The argument for weak judicial review implicit in the democratic critique
Comparison, Translation and the Making of a Common European Constitutional Culture
Authors: Vespaziani Alberto
Published: March 2019

European integration has forced constitutional law scholars to abandon the perspective of methodological nationalism. Prior to the emergence of the interpretative problems raised by the intersection of domestic and European law, the dominant legal paradigm conceived of “constitution” and “state” as two inseparable terms. With the intensification of European integration and economic globalization, many different constitutionalist interpretations have emerged which all share a belief in the State's loss of centrality, such as post-, supra- and transnational constitutionalism, constitutionalism without the state and multilevel constitutionalism.
Report– Recent Case Law of theBundesgerichtshof(Federal Court of Justice) inStrafsachen(Criminal Law)
Authors: Esposito Antonio K. , Safferling Christoph J.M.
Published: March 2019

Reporting on one year of theBundesgerichtshof's(BGH – Federal Court of Justice) jurisprudence in criminal affairs is always a delicate matter. We have decided to limit ourselves to report on a variety of cases, which are reported in the official records of the BGH and edited by members of the Court. The Court's official journal,Entscheidungen des Bundesgerichtshofs in Strafsachen(BGHSt), gives a fair mixture of decisions, which the judges themselves consider important enough to be included therein. However, the triage of decisions found there entails but a small portion of the BGH's work, chosen case-by-case without taking heed of producing a representative share. In order to come to a reasonable number of decisions to include in this report we had to leave aside several decisions notwithstanding their importance. We abstain from reporting on the case ofEl Motassadeq, who was charged with abetting in murder in 3066 cases in connection with the 9/11-attacks in the USA and was acquitted for lack of evidence. This case has been reported extensively elsewhere. We also desist from reporting on theGartenschlägercase, which deals with a special incident at the former German-German boarder. A survey of recent decisions of the BGH in the context of the former East-German regime was included in last year's report to the Annual for German and European Law (AGEL).
Taking “Rechts” Seriously: Ronald Dworkin and the Federal Constitutional Court of Germany
Authors: Hall Jeffrey B.
Published: March 2019

Over the past 60 years the German Basic Law has become one of the most influential constitutional systems in the world. According to some commentators, the German model rivals even U.S. constitutionalism as the preeminent legal system in the world. This state of affairs is apparent in the dozens of states across Europe and Latin America that have adopted the German model.
The 1st Frankfurt Investment Arbitration Moot Court
Authors: Pfaff Christina
Published: March 2019

In April 2006, the Wilhelm Merton Centre for European Integration and International Economic Order of Johann Wolfgang Goethe University, Frankfurt organised a symposium in celebration of the 40th anniversary of the Convention on the Settlement of Investment Disputes (ICSID). At the symposium, young and up-and-coming scholars, together with experienced experts from both the profession and academia, discussed a broad range of issues relating to investment protection before a substantial audience. Frankfurt is also home to the Frankfurt International Arbitration Center (FIAC), founded in 2005 as a joint venture between the Frankfurt Chamber of Commerce and Industry (Frankfurt CCI) and the Deutsche Institution für Schiedsgerichtsbarkeit (DIS). Under an agreement between ICSID and DIS, the FIAC serves as a cooperation facility for ICSID arbitrations. It is one of only two cooperation facilities in Europe.
Conference Report - Administration of Justice in Africa – Effectiveness, Acceptance and Assistance: Impressions from the Joint Conference of the Protestant Academy Loccum and the African Law Association (2007)
Authors: Rupp Caroline S.
Published: March 2019

“When a stone is put in your way, you can view it either as an obstacle – or as a stepping stone.” This well-known phrase was quoted in one of the opening speeches at the Joint Conference of the Protestant Academy Loccum and the African Law Association in Rehburg-Loccum, Germany, on 30 November 2007. It set the tone for a three-day conference on African law which explored the “Administration of Justice in Africa – Effectiveness, Acceptance and Assistance” in many facets, focusing on different countries and various approaches ranging from women's rights to development cooperation. The African Law Association (Gesellschaft für afrikanisches Recht e.V.), founded in 1973, aims at promoting and furthering the knowledge of the African legal systems. In keeping with the African Law Association's focus on different aspects of law in Africa – not only legal aspects, but also points of view from politics, history, development cooperation and ethnology – the conference participants came from various backgrounds: professors and lecturers from Germany and various African states were present as well as other members of the African Law Association and undergraduate and PhD students from several universities. A large student group, of which the author was a member, came from the University of Würzburg, their interest in African law awakened by a series of lectures in their home university and a cooperation project of the Faculty of Law of the University of Würzburg, the Namibian Ministry of Justice and the Legal Assistance Centre in Windhoek, Namibia.
Reframing Deliberative Cosmopolitanism: Perspectives on Transnationalisation and Post-national Democracy from Labor Law
Authors: O'Brien Claire Methven
Published: March 2019

Cosmopolitan constitutionalism contends that supranational governance can achieve a democratic character. It assumes that an essential core of the concept of democracy can be disembedded from the notion and institutions of the constitutional nation state and re-planted within transnational governance systems, in the EU and beyond, even while these fail to provide for representation and accountability along traditional lines. It further asserts that social ordering deriving from transnational governance that isdemocraticwill belegitimate.
Introductory Editorial: Renovating the German Private Limited Company - Special Issue on the Reform of the GmbH
Authors: Bachmann Gregor
Published: March 2019

On 28 June 2008, the German Bundestag (Federal Parliament) passed a bill on the reform of German corporate law. Known as the Gesetz zur Modernisierung des GmbH-Rechts und zur Bekämpfung von Missbräuchen (MoMiG – Law for the Modernization of the GmbH and to Stop its Misuse) the bill is a milestone, the single most important reform of the most commonly used German corporate form. The reform will bring about major changes. Among other things the reform will make it possible to establish a GmbH with a share capital of nothing more than € 1 EURO (previously, € 25,000 had been required) and to establish a GmbH that has no active business in Germany but solely operates abroad. Although the bill still has to be approved by the Bundesrat (Federal Council of the States), which will probably vote on this matter on 19 September, experts have little doubt that the reform easily will pass this last hurdle and enter into force as soon as 1 November.
The UNESCO Regime for the Protection of World Heritage as Prototype of an Autonomy-Gaining International Institution
Authors: Zacharias Diana
Published: March 2019

The Convention for the Protection of the World Cultural and Natural Heritage (World Heritage Convention), which entered into force on 17 December 1975, established a complex governance regime at the international level. The rationale behind the establishment of this regime was the international communities' realization that the world contained natural and cultural sites which were so unique and outstanding that they should by no means become embroiled in the onslaught of human material progress. It was argued that these sites must be protected and conserved for posterity since they, irrespective of the territory in which they were located, belonged to all peoples and, thus, formed part of the common heritage of mankind. Although the United Nations Educational, Scientific and Cultural Organization (UNESCO) regime for the protection of World Heritage is seemingly afforded with weak instruments, such as the inscription of properties on the World Heritage List or on the List of World Heritage in Danger, its activities increasingly play a role, not least in national administrative procedures. The cases of Yellowstone National Park in the United States, Cologne Cathedral and Dresden Elbe Valley in Germany, and Kakadu National Park in Australia are only a few examples in this regard.
General Principles of International Public Authority: Sketching a Research Field
Authors: von Bogdandy Armin
Published: March 2019

The termprincipleis ubiquitous in the thematic studies and the cross-cutting studies of this research project on the exercise of public authority by international institutions. Apparently its legal analysis and normative framing is difficult to achieve without principles. This is no specificity of this undertaking: Legal research on the public authority of international institutions regularly deals with the issue of principles.Generalprinciples for all international institutions are of specific interest as they might tie the various institutions into one legal universe. Yet, precisely their variety, even heterogeneity raises the question if such principles can be anything but “stars which give little light because they are so high.” This quotation from Francis Bacon's “On the Advancement of Learning” precedes Edward Carr's classical study on the problems of a sweeping,principledand idealistic approach to international phenomena.
Republication- Separation of Powers in the Federal Republic of Germany
Authors: Currie David P.
Published: March 2019

The Federal Republic of Germany celebrated its fortieth birthday in 1989, and the sudden and unexpected accession of the former German Democratic Republic the following year has drawn the world's attention to the newly united nation. This article is the third installment in an effort to explain the basic features of the German constitution.
Introduction -The Kantian Project of International Law: Engagements with Jürgen Habermas'The Divided West
Authors: Skordas Achilles , Zumbansen Peer
Published: March 2019

After Habermas'Der gespaltene Westenwas published in Germany in 2004 to wide acclaim, Polity Press published an English language edition of the book in 2006.The Divided Westcontains Habermas' recent writings on international law and, particularly, his landmark essay on “The Kantian Project and the Divided West – Does the Constitutionalization of International Law Still Have a Chance?” The essay constitutes the most elaborate contribution by Habermas on the challenges facing the international legal order today. While carefully unfolding his inquiry into the dynamics of international law within the current state of transatlantic relations and the role played by the United States in this and the global context, his essay has an objective beyond this. Habermas revisits Kant's concept of cosmopolitan citizenship and a world legal order, as elaborated in the essays “To Eternal Peace” and “Idea for a Universal History with Cosmopolitan Intent.” Habermas explores the chances of a revival Kant's thesis in a (post)-Kosovo and (post)-lraq Era of International Relations. Habermas' essay makes a number of poignant and provocative observations that have already been taken up in an increasingly global discussion.
Preventing Military Humanitarian Intervention? John Rawls and Jürgen Habermas on a Just Global Order
Authors: Kreide Regina
Published: March 2019

We rarely witness wars between states anymore but this does not mean that there are fewer conflicts or less injustice worldwide. The contrary is true. More people than ever have become a victim of civil wars, other sub-state armed conflicts and genocide during recent years. The international community disagrees about how to react to gross human rights violations that occur in the course of these “new wars”: whereas some think this is a genuine task for the United Nations, others stress the argument of unrestrained national sovereignty as essential condition for international peace. Despite unceasing contestation, foreign interventions are nevertheless increasingly seen as an appropriate response to this kind of armed domestic conflicts – at least under certain conditions. The latest testimony in this direction is the emergence of an intense international debate over the “responsibility to protect”, which seeks to justify military invention in cases of a severe violation of individual negative rights of freedom.
The Life and Times of a Local Court Judge in Berlin
Authors: Levitt Stephen Ross
Published: March 2019

In the study of comparative law and legal systems, a problem of focus and perspective presents itself. Comparative scholars often examine the “important” cases decided by appellate courts of foreign nations and the writings of their most important scholars. In Anglo-American nations, jurists are taught in law school, and then in the practice of law to look for authoritative texts, which are often the words of appellate court judges who set precedent. The results of these searches for the authoritative, both in national as well as comparative legal research, may be that scholars do not give enough attention to the average and the pedestrian, but rather focus upon the exceptional, the appellate, the influential and the newsworthy.
The Relevance of Network Models within the Juridic Discourse. Empirical, Sociological, and Epistemological Perspectives
Authors: Augsberg Ino
Published: March 2019

A spectre is haunting contemporary theoretical debates: the spectre of Network. Whether it is about techno-music or football, whether the focus is on the architecture of poststructuralist thinking, international terrorism or individual career-planning, there is one common feature of all debates: the network model. There seems to be hardly a cultural theory – in a wide sense – still able to go on operating without using (at the very least) its heuristic effects. Meanwhile, even the entertainment and the advertising industries have discovered the concept. We need not wonder, then, that it isbull marketfor the model on the specific juridic field too.
The Normative Knot 2.0: Metaphorological Explorations in the Net of Networks
Authors: Kemmerer Alexandra
Published: March 2019

Ever closer gets the net of networks, and so it does in law and legal scholarship. Finally in the law, one feels tempted to remark. But there is a reason for the lawyer's patient scepticism, for her professional habit to await a certain academic consolidation of a concept before setting out on a transdisciplinary transfer. There is a reason – and it lies in the law's “necessity to decide” (Entscheidungsnotwendigkeit). There is no shortage of fuzziness and uncertainty. But have life and law ever been less paradoxical? Arguably, the problem is not new, yet it has only recently been made explicit.
The Force of Code: Law's Transformation under Information-Technological Conditions
Authors: Karavas Vaios
Published: March 2019

As one of the commentators of Luhmann's oeuvre once rightly put it, “the occasionally authoritative gestures of Luhmann's writing may intimidate all those who do not also perceive his gentle touches of irony.” Luhmann's note at the end of his treatise,Law as a Social System, about law's future in the global society is one of those typical statements of Luhmann, characterized by this mixture of authoritative “coolness” with a touch of irony. Be that as it may, the master seems to be once again right with his prophecy-like statement: Law is indeed undergoing a transformation, the results of which might soon let law appear as nothing more than a “European anomaly, which might well level off with the evolution of global society.”
Judicial Ethics for a Global Judiciary – How Judicial Networks Create their own Codes of Conduct
Authors: Terhechte Jörg Philipp
Published: March 2019

It is not a new insight that nowadays everything and everybody seems to be globalized. This is even true with respect to the different branches of the state. We know a lot about the globalization of the executive branch and administrative law (towards a global or international administrative law) for example. Public agencies around the world are compelled to cooperate – e.g. to change information and work together on legal cases – because many problems can only be solved by a cross-border approach. The legislative branch faces the deep influence of globalization, too. National lawmakers have to respect or transform standards and rules set by international organizations such as the WTO, NAFTA or the EU. In the EU, for example, 70–80% of national legislation in the field of economic law is based on rules set by the EU. Furthermore, the question arises whether the judiciary is also remarkably influenced by globalization. Is the judicial branch, or more precisely in the international context, the national and international judiciary, yet globalized? What role does the judge play in the context of globalization?
The Dilemma of Blind Spots in Capital Markets - How To Make Efficient Use Of Regulatory Loopholes?
Authors: Kammel Armin J.
Published: March 2019

The following elaboration has two purposes. One is to invite further reflections on the recent incident of the German sports car manufacturer, Porsche, revealing its until-then unknown substantive holdings in Volkswagen, its much larger competitor. The Porsche incident provoked a host of reactions, ranging from satisfaction to outrage to consternation. The essay's second purpose is to stimulate considerations about likely policy responses and their implications. While the remarkable Porsche incident illustrates the particular nature of the embeddedness of global financial markets, meaning that while investors can inject and pull out of nationally located business opportunities in a seemingly uninhibited fashion, this activity is nevertheless occurring within a complex regulatory setting. As this intervention shows, such transnational settings often require sophisticated regulatory structures and responses. But it is crucial to ensure that – especially in times as the current financial crisis – no excessive accumulation of regulatory actions occurs. Consequently, blind regulatory spots as the ones revealed in this paper will ultimately occur. Nevertheless, it is important that market participants and potential investors are aware of them because then it those blind spots can be used efficiently.
Conference Report – “The Genocide Convention” International Conference: Commemorating its 60th Anniversary (4 – 6 December 2008 Marburg, Germany)
Authors: Hofmann Robin
Published: March 2019

In 1944 Raphael Lemkin wrote in his book titled Axis Rule in Occupied Europe: “By Genocide we mean the destruction of a nation or an ethnic group.” Four years later, on 9 December 1948 the term “genocide” coined by Lemkin simply by merging the Greek word “genos” (people) and the Latin word “caedere” (to kill) was adopted by the General Assembly of the United Nations in the Genocide Convention. Now, six decades later an international conference on the occasion of the 60th anniversary of the Genocide Convention took place from the 4th – 6th December in Marburg and the city of Frankfurt in Hesse/Germany sponsored mainly by the German Foreign Office and the Fritz-Thyssen Foundation. The main purpose was to discuss the implications of the genocide convention from 1948 on an international platform with scholars from different countries and disciplines.
The Law School, the Market and the New Knowledge Economy
Authors: Thornton Margaret
Published: March 2019

Until recently, Australia was firmly committed to the idea of higher education as a public good. The swing from social liberalism to neoliberalism has seen a rejection of this basic principle in favor of values associated with the market. Knowledge, education and credentialism have become highly desirable in the information age, but treating them as tradable commodities has profound repercussions for what is taught and how it is taught. Most significantly, we have moved to a mass education system where the focus is on applied and vocational knowledge. Within this new paradigm, law, business, information technology, hospitality and tourism courses have proliferated.
Transnationalizing Mexican Legal Education: But, What About Students' Expectations?
Authors: Hurtado Luis Fernando Perez
Published: March 2019

The number of Mexican institutions of higher education (hereinafter also referred to as “Institutions” or “IHE”) offering Bachelor's Degrees in Law has increased rapidly. For example, in the 1997–1998 academic year, there were 364 Institutions offering the basic law degree; by the 2006–2007 academic year, the number had increased to 930. It is as if, over the last ten years, each week a new IHE began offering a Bachelor's Degree in Law. During that same period, law school enrollment in Mexico increased from 170,210 to approximately 240,000. By 2003, the Bachelor's Degree in Law was the degree program with the highest enrollment in the country – 11 out of 100 students at the college level chose it.
Adapting Indian Legal Education to the Demands of a Globalising World
Authors: Ahmad Nehaluddin
Published: March 2019

Half a century ago, the main purpose of university legal education in India was not the teaching of law as a branch of learning and as a science but simply to impart to students a knowledge of the black letter law, that is, certain principles and provisions of law to enable them to enter the legal practice exclusively for local needs. Gradually this perception changed and the process of reform in law and legal education was initiated. The real break came in 1990s when the new challenges posed by scientific and technological revolution and greater interaction between nations, trade in goods and services, information technology and free capital flow across international boundaries made the world a global village. Consequently, the concept of “local practice” widened to that of “transnational practice” in the context of globalisation and opening up of most of the economies of the world.
“Transnational Law” as Proto-Concept: Three Conceptions
Authors: Scott Craig
Published: March 2019

I shall use, instead of ‘international law', the term ‘transnational law' to include all law which regulates actions or events that transcend national frontiers. Both public and private international law are included, as are other rules which do not wholly fit into such standard categories.

Philip Jessup, Transnational Law 136 (1956)
The Evolution of Legal Education: Internationalization, Transnationalization, Globalization
Authors: Chesterman Simon
Published: March 2019

This article examines the evolution of legal education as it has moved through international, transnational, and now global paradigms. It explores these paradigms by reference to practice, pedagogy, and research. Internationalization saw the world as an archipelago of jurisdictions, with a small number of lawyers involved in mediating disputes between jurisdictions or determining which jurisdiction applied; transnationalization saw the world as a patchwork, with greater need for familiarity across jurisdictions and hence a growth in exchanges and collaborations; globalization is now seeing the world as a web in more ways than one, with lawyers needing to be comfortable in multiple jurisdictions.
Canadian Legal Ethics: Ready for the Twenty-First Century at Last
Authors: Dodek Adam M.
Published: March 2019

This article analyzes the transformation in the scholarship of legal ethics that has occurred in Canada over the last decade, and maps out an agenda for future research. The author attributes the recent growth of Canadian legal ethics as an academic discipline to a number of interacting factors: a response to external pressures, initiatives within the legal profession, changes in Canadian legal education, and the emergence of a new cadre of legal ethics scholars. This article chronicles the public history of legal ethics in Canada over the last decade and analyzes the first and second wave of scholarship in the area. It integrates these developments within broader changes in legal education that set the stage for the continued expansion of Canadian legal ethics in the twenty-first century.
A Tiny Heart Beating: Student-Edited Legal Periodicals in Good Ol' Europe
Authors: Russi Luigi , Longobardi Federico
Published: March 2019

From the perspective of a non-American jurist, student-edited law reviews seem to be one of the most distinctive features of the United States legal education system. The development of law reviews in the United States has been particularly sustained in more recent years, with a literal proliferation of law (schools and law) reviews, both of general focus and subject-specific. With student-edited law journals making up the largest share of the legal periodical “market,” publication in highly ranked student-edited law reviews has come to acquire great significance also in relation to the law faculty selection and tenure-granting mechanism.
The Ruling of the German Constitutional Court on the Treaty of Lisbon
Authors: Tomuschat Christian
Published: March 2019

Generations of politicians and lawyers will have to read and re-read the recent ruling of the German Constitutional Court of 30 June 2009 regarding the Treaty of Lisbon (“Lisbon Case”) on almost a daily basis for many years to come. The Court, master of its own proceedings and not feeling bound by any doctrine of judicial self-restraint, has expounded in this decision at great length about its own philosophy of the European integration process. Based on its self-established theory, in which every German citizen is holder of a democratic right to a legislature that is endowed with substantial powers to determine the destiny of the German people, the Court examined the Treaty in each and every detail. The claimants, alleging through a constitutional complaint that this democratic right had been breached, could not point to any specific injury that they had suffered. In real terms, their constitutional complaints amounted to an ‘abstract' review of the Treaty, a remedy which the Basic Law reserves for the federal government, any government of a Land, or for a third of the members of the Bundestag. But the Court saw the constitutional complaints, which had been filed by the extreme right and the extreme left of the political spectrum, as a welcome opportunity to define the constitutional limits of the European integration process. Far from reflecting the views of the framers, the ruling reads like a political manifesto from the judges.
Severe Regulations for Toys in the European Union: The New EC Directive from a German Perspective
Authors: Reusch Philipp , Ackermann Tobias
Published: March 2019

On 18 December 2008, the European Parliament accepted the proposals of the European Commission for amendment of the toy directive. The modifications are published in the Official Journal of the European Communities. Following publication of the new directive, the member states have 18 months in which to transpose it into national law. In Germany, in all probability, this will occur in the 2nd Ordinance to the German Geräte- und Produktsicherheitsgesetz (GPSG - Equipment and Product Safety Act). The revised laws will apply two years after the directive has come into force, while the new threshold values for heavy metals will apply in four years. Until then, the old rules will continue to apply. Thus the directive, which is over 20 years old, has been revised following increasing reports of unsafe toys, particularly, though not exclusively, from China. The aim of the amendment is to ensure that toys do not pose any health risks or risks of injury, thus achieving a reduction in the number of toy-related accidents.
A Sense ofDéjà Vu? The FCC's Preliminary European Stability Mechanism Verdict
Authors: Schmidt Susanne K.
Published: March 2019

Over the summer of 2012, the pending verdict of the German Federal Constitutional Court (FCC) was a topic of much speculation not only in Germany and in the European Union (EU), but also on the international level. Christine Lagarde, the managing director of the International Monetary Fund (IMF) was quoted as threatening to leave a meeting, were she to hear again “Bundesverfassungsgericht.” That decisions of a German non-majoritarian institution have such transnational repercussions while being guided by German laws and national considerations is nothing new. The Bundesbank's D-Mark rule was comparable and effectively pushed the introduction of the euro along. But also previous landmark rulings of the FCC on European integration raised cross-border attention, given that the Constitutional Court has the final say on German politics, and the biggest member state and economy of the EU can hardly be ignored. Moreover, being one of the most powerful constitutional courts in Europe, and certainly the one whose judgments receive most attention, rulings of the FCC are not only often cited but may also serve as a role model for other constitutional courts. Protest coming from this angle may therefore multiply.
Yes, But … One More Thing: Karlsruhe's Ruling on the European Stability Mechanism
Authors: Schneider Karsten
Published: March 2019

As in its first leading Euro-Case (“Greece Bailout”) one year ago, the Second Senate of the Federal Constitutional Court (FCC) once again decided on the fate of Europe's bailout. The Court's ESM ruling on September 12, 2012, clears the path for the next steps in a fast-moving “rescue” situation. This time for the ratification of three international agreements: The insertion of Article 136(3) TFEU, the new Treaty establishing the European Stability Mechanism (ESM Treaty), and the new Treaty on Stability, Coordination and Governance in the Economic and Monetary Union (Fiscal Compact).
Pringle: A Paradigm Shift in the European Union's Monetary Constitution
Authors: Van Malleghem Pieter-Augustijn
Published: March 2019

The reference from the Irish Supreme Court seeking a preliminary ruling in thePringlecase concerns the compatibility of the Treaty establishing the European Stability Mechanism (hereinafter ESM Treaty or ESMT) with European Union (EU) law. The Irish Supreme Court was concerned with the legal significance of Council Decision 2011/199, which amended the Treaty on the Functioning of the European Union (TFEU) by inserting a third paragraph in Art 136 TFEU. The new Art 136(3) provides that the Member States whose currency is the euro, may establish a mechanism such as the European Stability Mechanism (ESM) so long as that mechanism is only activated when indispensable to safeguarding the stability of the euro area as a whole, and only if the financial assistance is made subject to strict conditionality. But, because Decision 2011/199 has not yet been ratified by all Member States, the TFEU has not yet been amended. The ESMT nevertheless entered into force at the end of September 2012, and the ESMT commenced its operations in December 2012.
Contradiction, Circumvention and Conceptual Gymnastics: The Impact of the Adoption of the ESM Treaty on the State of European Democracy
Authors: Tomkin Jonathan
Published: March 2019

This paper makes the claim that the legal framework governing the European Stability Mechanism (ESM) is contradictory, conceptually incoherent and may be characterized as a circumvention of Union law. It is further claimed that such circumvention, and the resulting establishment of a significant permanent institution outside and beyond the scope of the Union legal order, represents a challenge to European democracy and to the principle of respect for the rule of law.
The Protection of Turkish Citizens Against Expulsion—This Far and No Further? The Impact of the Ziebell Case
Authors: Hamenstädt Kathrin
Published: March 2019

This Article focuses on the Ziebell judgment, in which the European Court of Justice rejected the analogous application of the protection against expulsion for Union citizens to Turkish citizens covered by the Association Agreement. The judgment is placed in the context of the opinion of the Advocate General, the pre-Ziebell judgments of the Court, and judgments of German courts regarding the expulsion of Turkish citizens. On the one hand, against the background of previous case-law of the Court, the judgment might be seen as a setback. On the other hand, the Court's reference to the Long-Term Residents Directive also provides for new interpretative possibilities. Next to the applicability of the directive and the advantages and disadvantages for Turkish nationals triggered by this shift, the interpretative possibilities are discussed in light of fundamental rights and the stand-still obligation anchored in Association Council Decision 1/80.
Injustice by Generalization: Notes on the Test-Achats Decision of the European Court of Justice
Authors: Schanze Erich
Published: March 2019

On 11 January 2013 the German quality newspaper “Süddeutsche Zeitung” reported about the effects of introducing the new unisex insurance tariffs mandated by a decision of the European Court of Justice on 1 March 2011. The result is summarized in the headline: “Für alle teurer” (“More expensive for all”). According to a study the leveling of gender specific risks led to largely insignificant benefits for the former disadvantaged sex but to partially dramatic rises of the premium of those who were formerly considered better risks. The insurance industry which has been operating a dual structure since 21 December 2012 is considered to be the winner of the legal change.