bluuebunny/crossref_metadata_2025_split huggingface dataset:
What is evidenced by the high proportion of acquittals in criminal cases considered with the participation of jurors
Authors: Каплунов А.С. , Овсянников И.В. 
Published: March 2023

Различия между соотношением оправдательных и обвинительных приговоров, постановленных на основании вердикта коллегии присяжных заседателей, и соотношением оправдательных и обвинительных приговоров, постановленных в ординарном порядке, имеют множество детерминант, которые кроются как в судебном, так и в досудебном производстве. В статье подвергаются критике существующие критерии оценки деятельности следственных органов и широкое применение особого порядка судебного разбирательства, как одни из причин снижения качества предварительного расследования, что, в свою очередь, сказывается на вынесении итоговых судебных решений по рассматриваемым уголовным делам. Так, своевременное, законное и обоснованное прекращение следователем уголовного дела позволяет избежать направления уголовных дел в суд с перспективой вынесения оправдательного приговора, способствует защите личности от необоснованного преследования. Кроме этого, своевременное прекращение следователем уголовного дела, имеющего перспективу его рассмотрения в суде присяжных, позволяет снизить необоснованную нагрузку на государственных обвинителей путем освобождения их от обязанности поддерживать обвинение по уголовным делам, имеющим слабую доказательственную базу и иные существенные недостатки, препятствующие рассмотрению дела в суде. Стабильно высокая и значительная доля уголовных дел, рассмотренных в бесспорном, т.е. в особом, порядке, ложно ориентирует органы расследования на направление в суд уголовных дел, не имеющих достаточной доказательной базы.
The difference between the ratio of acquittals and convictions based on the verdict of a jury, and the ratio of acquittals and convictions in the ordinary order has many determinants that lie both in court and in pre-trial proceedings. The article criticizes the existing criteria for evaluating the activities of the investigating authorities and the widespread use of a special procedure for judicial proceedings, as one of the reasons for the decrease in the quality of the preliminary investigation, which, in turn, affects the issuance of final court decisions on criminal cases under consideration. Thus, the timely, legal and justified termination of the criminal case by the investigator avoids sending criminal cases to court with the prospect of an acquittal, and helps protect the individual from unreasonable prosecution. In addition, the timely termination by the investigator of a criminal case, which has the prospect of being considered in a jury trial, reduces the unreasonable burden on public prosecutors by relieving them of the obligation to support prosecution in criminal cases that have a weak evidence base and other significant shortcomings, preventing the case from going to trial. A consistently high and significant proportion of criminal cases considered in the indisputable, i.e. in a special manner, falsely orients the investigating authorities towards sending criminal cases to court that do not have sufficient evidence base.
Some problems of qualification of crimes against traffic safety and operation of water transport related to the provision of services of improper quality
Authors: Ротов В.А. 
Published: March 2023

В статье анализируются вопросы, связанные с уголовной ответственностью за оказание услуг ненадлежащего качества в сфере водного транспорта. Поскольку понятие транспорта (в том числе водного) в науке о праве не определено, уголовно-правовая квалификация транспортных преступлений существенно осложняется. Кроме того, предлагается внести изменение в Постановление Пленума Верховного Суда Российской Федерации от 25.06.2019 № 18, связанное с рассмотрением в судебной практике дел о преступлениях, предусмотренных ст. 238 УК РФ, в части наличия угрозы для здоровья потребителя любой степени тяжести.
The article analyzes issues related to criminal liability for the provision of services of inadequate quality in the field of water transport. Since the concept of transport (including water) is not defined in the science of law, the criminal legal qualification of transport crimes is significantly complicated. In addition, the author proposes to amend the Resolution of the Plenum of the Supreme Court of the Russian Federation no. 18 dated 25 June 2019, related to the consideration in judicial practice of cases of crimes under Article 238 of the Criminal Code of the Russian Federation, in terms of the presence of a threat to the health of the consumer of any severity.
Operational-search activity in the system of organizing the disclosure and investigation of crimes (based on the materials of the Republic of Belarus)
Authors: Петлицкий С.В. 
Published: March 2023

Раскрывается взаимосвязь оперативно-разыскной и уголовно-процессуальной деятельности в организации расследования преступлений. Акцентируется внимание на унификации законодательства, регламентирующего сферу их применения.
The article reveals the relationship between operational investigative and criminal procedural activities in the organization of crime investigation and focuses on the unification of legislation regulating the scope of their application.
WRC-23 on the Horizon: Large Satellite Constellations, ITU Issues, and Industry Perspective
Authors: Pritchard-Kelly Ruth 
Published: March 2023

Although the previous World Radiocommunications Conference (WRC-19) attempted to resolve spectrum-sharing issues among the disparate new satellite constellations, issues have multiplied as these constellations are coming into use before all the rules have been created. The upcoming WRC, to be held at the end of 2023, will grapple with spectrum and situational sharing issues among constellations that are larger than ever before, and that are disrupting national regimes designed for licensing more traditional, one-at-a-time geostationary satellites. The agenda for WRC-27 will surely include multiple areas of study related to constellations, and the International Telecommunication Union (ITU) will need to work closely with the UN’s Office of Outer Space Affairs (UNOOSA) to resolve situational issues such as traffic management, debris, and the sustainability of the outer space environment. The emergence of operational constellations is disrupting legal regimes for states and industrial players, and future Agenda Items (AIs) should be added to WRC-27 or future Committee on the Peaceful Uses of Outer Space (COPUOS) sessions.
constellations, LEO, ITU, spectrum, WRC
EU Restrictive Measures and Third Countries’ Evidence
Authors: Challet Celia , Grumaz Dorin-Ciprian 
Published: March 2023

EU restrictive measures, often referred to as ‘sanctions’, have become an increasingly used instrument of EU autonomous foreign policy. For some restrictive measures, however, the EU cannot act alone. In order to adopt them, the Council must rely on information transmitted by third states’ authorities and decisions taken by them at domestic level. This has been the case, in particular, of EU restrictive measures adopted in connection with misappropriations of state funds. The Council’s use of such evidence has been somewhat controversial and has led to numerous legal debates before the Court of Justice of the European Union (CJEU). To what extent was the Council free to rely on the evidence provided by these third states’ authorities? How to ensure that the fundamental rights of the targeted persons and entities were complied with in the process? Faced with these questions in its particularly abundant case law, the CJEU has progressively raised the threshold of validity for these sanctions. It has done so up to a point at which, in the authors’ opinion, the sanctions can no longer reach such threshold in practice. This article addresses the evolutions and implications of the CJEU case law on a legal aspect that is of crucial importance for the EU’s sanctions practice.
Restrictive measures – Third States evidence – Misappropriations of State funds – Terrorism – Judicial review – Fundamental Rights – Ukraine – Tunisia – Egypt
The EU’s Representation in International Organizations: Case C-161/20 Commission v. Council (International Maritime Organization)
Authors: Herodotou Athena , Hadjiyianni Ioanna 
Published: March 2023

This article analyses Case C-161/20 Commission v. Council (International Maritime Organization (IMO)), in which the Court of Justice of the EU upheld a Council Decision endorsing a submission to the IMO by the Presidency of the Council on behalf of the European Commission and the Member States (MSs), and not on behalf of the EU. With this case, the Court contributes to the debate on the EU’s external representation, particularly in the context of an international organization to which all the MSs, but not the EU, are parties and which regulates issues falling within EU competences. Combining an EU external relations law and a public international law perspective, this article assesses the Court’s reliance on and interpretation of international law and explores the boundaries carved by EU and international law for the participation of the EU as a separate entity in the IMO. It also seeks to discern how this case fits within the Court’s established ‘gatekeeping’ mechanisms in determining the effects of international law in the EU legal order and whether it signals an emerging, more flexible engagement with international law.
International Maritime Organization, European Union, international organizations, Court of Justice of the EU, competences, international law, external representation
Quantifying Foreign Policy Europeanization: A Comprehensive Approach
Authors: Borsetti Giacomo 
Published: March 2023

This article seeks to address the question of how membership in the European Union (EU) affects the foreign policy positions of its Member States. Most of the existing research has focused on single case studies and relied on qualitative methods, encountering difficulties in providing a systematic and consistent general picture about the causal effect of membership. Instead, this study adopts a comprehensive and quantitative approach. Drawing from constructivist theory in International Relations, it clarifies a general theoretical framework for Foreign Policy Europeanization. It then employs national speeches at the United Nations General Debate to construct two measures of similarity with the EU’s positions and norms in international affairs. Applying these to a difference-in-differences approach, it finds substantial evidence that, after several years of membership, countries gradually converge towards the positions and norms of the Union. It is argued that these overall findings are consistent with a socialization effect, but not with material cost-benefit calculations.
Europeanization, Foreign Policy, European Union, United Nations General Debate, Socialization, Constructivism, Difference-in-differences, Quantitative Text Analysis
Are Joint Controllers Joint Trade Secret Owners? What EU Data Protection and US Information Privacy Law Tell Us About Trade Secret Law
Authors: Radtke Tristan 
Published: March 2023

The article focusses on (joint) trade secret ownership as a (neglected) aspect of European Union (EU) and United States (US) Trade Secret Law. The article shows that Information Privacy Law and Data Protection Law, respectively, and Trade Secret Law intersect. This intersection can be used to address not only the issue of unclear trade secret ownership in relation with personal data, but also the issue of power imbalance raised by considering two or more parties with entirely different bargaining positions as jointly responsible under Data Protection Law, in particular under the General Data Protection Regulation (GDPR). In this regard, US Information Privacy and Trade Secret Law as well as EU Data Protection and Trade Secret Law and the underlying ownership and liability concepts are analysed and compared to each other. The article shows that factors for (joint) control as developed by the Court of Justice of the European Union (CJEU) (Cases Wirtschaftsakademie, Jehovah’s Witnesses (JW), and Fashion ID) can be adapted by means of interpretation in essence under EU and US Trade Secret Law. Thus, joint controllers are often considered joint owners of the respective personal data as a trade secret. According to this approach, the parties are reciprocally entitled to prevent disclosures by each other beyond what is explicitly or implicitly agreed. Such right can act as a lever for weaker parties when bargaining with ‘stronger’ parties as necessary under Data Protection Law. At the same time, the essentially unified approach of determining trade secret ownership and data protection controllership provides for more clarity when it comes to the determination of trade secret ownership.
Joint Control, Trade Secrets, Ownership, Joint Ownership, UTSA, Fashion ID, Trade Secret Directive, GDPR, FTCA, US
The Digital Services Act (DSA): A New Era for Online Harms and Intermediary Liability
Authors: Pehlivan Ceyhun Necati , Church Peter 
Published: March 2023

The EU’s Digital Services Act (DSA) marks the biggest shake up to the rules for online intermediary liability in twenty years. The DSA is accompanied by flanking instruments regulating terrorist content, child sexual abuse material (CSAM) and political ads which, together, will create an entirely new framework for the regulation of online harms in the EU. These new and wide-ranging obligations attempt to reconcile the damage caused by unregulated user-generated content, fundamental rights to freedom of information and the practical limitations of moderating content at scale. The DSA is likely to shape the global approach to content regulation in this emerging area of law.
Digital Services Act, DSA, Online Harm, Intermediary Liability, Intermediary Services, Hosting Services, Very Large Online Search Engines, Online Platforms, Very Large Online Platforms
Populist Reforms in Hungary and Poland: Same Song, Different Melodies
Authors: Gyulavári Tamás , Pisarczyk Łukasz 
Published: March 2023

Populism is gaining ground in Central and Eastern Europe (CEE), and Hungary and Poland are the best examples of this trend. The Hungarian Orbán government and conservative Polish coalition led by Kaczyński (PiS), widely considered in the literature as populist, have been in power for some time now, which allows us not only to evaluate their labour law policies, but also the results. Though there are evident similarities between these two countries, such as political motivated layoffs in public employment or significant wage increases, the discrepancies are far more numerous. These differences result from each country’s specific socio-economic conditions and (almost) diametrically opposed political strategies with respect to employment matters. While Viktor Orbán believes in a workfare society, without social allowances and with flexibilized employment protection, in Poland PiS is pushing through a belated welfare revolution with expanded social benefits and employment rights.
This article starts by describing populism as it has developed in Hungary and Poland in section 1, and the promises made by Orbán and Kaczyński before coming to power in section 2. Section 3 examines the main pillars of populist labour law policy, such as flexibilization, wages, collective rights, self-employment, social benefits and political motivated layoffs. Finally, we try to explain why and how these seemingly similar populist governments have adopted fundamentally different labour law reforms.
labour law reforms, collective rights, flexibilization, Hungary, Poland
Populism and Social Law: The Case of Southern Europe
Authors: Menegatti Emanuele , Bakirtzi Effrosyni , Muñoz Ruiz Ana Belén , Salas Porras Maria 
Published: March 2023

Both left-wing and right-wing populism have found fertile ground in Southern European countries, especially in the wake of the economic crisis. Impoverishment, rising inequality and social insecurity caused by growing unemployment generated by the great recession and as a side-effect of austerity measures have increased social discontent toward the traditional political establishment. This has promoted populist movements, such as the Five Star Movement and the League (the successor to the Northern League) in Italy, and Syriza in Greece, along with Podemos and Vox in Spain.
In the first section the article introduces the populists to be scrutinized in the subsequent sections before exploring the reasons behind the rise of populist movements in Greece, Italy and Spain, and examining the kind of populism they share. In the second section we illustrate the political agenda of the ruling populist parties. The article highlights the fact that while in Greece and Italy ‘all-populist’ governments have been in charge in recent years and have managed to implement some of their reforms, in Spain they have never come to power alone, but only within a coalition with traditional parties, so we will mostly discuss their political agenda. The third section focuses on an evaluation of the effectiveness of the policies implemented with respect to the social issues these groups purported to address. This will take us to a final discussion of the real capacity demonstrated by ruling populists to promote a new social model or a valid alternative to the mainstream liberal one.
Populism, labour law, social security law, social model
The Impact of Populism on Scandinavian Labour Law: The Cases of Norway and Sweden
Authors: Inghammar Andreas , Sønderland Skjønberg Alexander 
Published: March 2023

Modern populism has developed in Scandinavia since at least the 1970s, first in Norway and Denmark but more recently also in Sweden. Populist political parties have been well-established in Scandinavian Parliaments for many years. However, from a labour law perspective, the populist impact, if any, has been limited and populist discourse has primarily focused on issues such as migration and the European Union (EU), and to some extent ‘welfare tourism’. This article examines the development of populist movements in Norway and Sweden and analyses the possible impact of populist policies on national labour law. The conclusion is that Nordic industrial relations and labour market regulations, based on strong and representative trade unions and well-organized and responsible employer federations, act as a robust counterweight to populist policies on the labour market.
Section 2 of the article consists of a discussion of how we understand the development of modern populism in a Norwegian and Swedish perspective. Section 3 explores the extent to which populist political ideas have directly impacted or indirectly influenced labour market regulations in the two countries. In concluding, section 4 monitors the potency of strong and well-established industrial relations as a countervailing force to populist political movements.
Populist Policies, Labour Market Regulation, Scandinavia, Norway, Sweden, Resilience to Populism
Dealing with Accusations of Illegality in International Arbitration: Dutch Perspectives on the Interaction Between Private Law and Criminal Law Standards
Authors: van Zelst Bas 
Published: March 2023

This article finds that private and criminal law standards differ greatly – both in terms of evidence and in terms of applicable substantive norms. On the basis of an assessment of the interaction between criminal and private law standards under Dutch arbitration law, it submits that in the private law assessment of allegations of illegality, evidentiary and substantive criminal law standards should play a more prominent part. To this end, it considers arguments of system coherence, legal policy and the rule of law.
international arbitration, illegality, corruption, fraud, evidence, public policy
The Complex and Evolving Legal Status of Ad Hoc Arbitration in China
Authors: Fu Panfeng 
Published: March 2023

The current People’s Republic of China (PRC) Arbitration Law rejects ad hoc arbitration by requiring the arbitration agreement to specify an arbitration institution. However, such rejection does not constitute a barrier to the enforcement of foreign ad hoc arbitration awards under the New York Convention. To determine the validity of a foreign ad hoc arbitration agreement, China adopts a conflict-of-laws approach in ascertaining its applicable law. Recent years have witnessed China’s initiative to experiment with ad hoc arbitration in its Free Trade Zones (FTZs). The draft revised PRC Arbitration Law published by the Chinese Ministry of Justice (MOJ) in 2021 proposes allowing foreign-related disputes to be resolved by ad hoc arbitration. This article argues that the legal status of ad hoc arbitration in China demonstrates a complex and evolving nature. It notes that while complete legalization of ad hoc arbitration in China is unlikely in the short term, its legal status will continue to evolve, reflecting the complicated relationship between China’s bureaucratized arbitration regime and its increasingly sophisticated arbitration market.
Ad Hoc Arbitration, Legal Status, PRC Arbitration Law, Article 16, Article 18, Conflict-of-Laws Approach, Enforcement of Foreign Arbitration Awards, New York Convention, Free Trade Zones, China’s Bureaucratized Arbitration Regime
Contractual Arbitration Clauses and Non-Contractual Claims
Authors: Berger Klaus Peter 
Published: March 2023

Are non-contractual claims such as tort claims covered by standard arbitration clauses? Italian arbitration law contains a provision which seems to resolve this issue in favour of arbitration but which is interpreted restrictively by the Italian Court of Cassation. In other jurisdictions, the traditional approach was to find the answer by interpreting the wording of the clause. The modern view is to focus instead on the requirement of ‘factual equivalence’ between the non-contractual claim and the performance of the contract that contains the arbitration clause.
Non-Contractual Claims, Principle of Wide Interpretation, In Favorem Validitatis, One-Stop Adjudication, Italian Court of Cassation, Italian Code of Civil Procedure, Wind Jet Judgment, General Arbitration Clauses, Fiona Trust, CDC Hydrogen Peroxide
What Place Does an Umbrella Clause Have in the New Generation of Bilateral Investment Treaties?
Authors: Carroll Lee 
Published: March 2023

In the new wave of international investment treaties, investor protections are under scrutiny as states seek to ‘restore’ their right to regulate. The umbrella clause is one investor protection under reconsideration. The perception, held by some, is that the umbrella clause permits an ‘unjustified intrusion’ into a state’s right to regulate within its territory. For that reason, the clause is increasingly being omitted from modern-day treaties. This article undertakes a detailed analysis of the umbrella clause and its divergent construction by investment treaty tribunals. It focuses on four particular complexities associated with the umbrella clause that have confronted tribunals to date. In conducting this analysis, the author seeks to demonstrate that, properly construed, the umbrella clause does not have far-reaching ramifications or interfere with a state’s right to regulate. It has an important place in the new wave of international investment treaties but should be carefully drafted. A suggested formulation, which has in mind the four complexities discussed, is offered up.
Umbrella clause, obligations observance clause, observance of undertakings clause, international investment agreements, bilateral investment treaties, next generation of BITs, investor protections, state’s right to regulate, privity of obligation, investment treaty arbitration