Hitotsubashi journal of law and politics最新文献

{"title":"The Economic Partnership Agreement and the Strategic Partnership Agreement between the European Union and Japan from a Legal Perspective","authors":"Yumiko Nakanishi","doi":"10.15057/30076","DOIUrl":"https://doi.org/10.15057/30076","url":null,"abstract":"","PeriodicalId":208983,"journal":{"name":"Hitotsubashi journal of law and politics","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126002377","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"CONSCIENTIOUS OBJECTION AND ACCESS TO ABORTION IN THE CASE CGIL V. ITALY DECIDED BY THE EUROPEAN COMMITTEE OF SOCIAL RIGHTS","authors":"S. D. Vido","doi":"10.15057/30079","DOIUrl":"https://doi.org/10.15057/30079","url":null,"abstract":"The purpose of this article is to analyse the decision rendered by the European Committee of Social Rights in the case CGIL v. Italy, published on 11 April, 2016, concerning access to abortion services in Italian hospitals. The decision, which has not received much attention by legal scholarship, is of utmost interest for the affirmation of womenʼs right to reproductive health. I will argue that this decision contributes to the affirmation of Statesʼ positive̶and not merely negative̶obligation to grant women access to safe abortion services.","PeriodicalId":208983,"journal":{"name":"Hitotsubashi journal of law and politics","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133674951","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"HYPERLINK & INTERNET LIBERTY - OBSERVATIONS FROM CJEU SVENSSON CASE","authors":"Szu-Ting Chen","doi":"10.15057/29048","DOIUrl":"https://doi.org/10.15057/29048","url":null,"abstract":"The evolving information technology facilitates not only the online distribution of works but also contributes rampant copyright piracy phenomenon. Activities such as illegal P2P fileswitching uploading unauthorized audiovisual works on platforms (i.g. Youtube or Dailymotions) for the public have threatened rightholdersʼ interests. Recently, the copyright “pirates” use the hyperlink technology in the so-called contents aggregator websites, which enable users to read articles or watching videos from the platforms without quitting the current websites. Shall the copyright holderʼs rights be protected against the act of communication of works to the public by means of Internet hyperlinks? If the answer is yes, how shall we conserve the liberty of using hyperlinks, which are technically vital to operate Internet and socially essential to access information? In fact, the Internet consists of enormous amount of hypertext pages (“webpages”), which are interconnected by hyperlinks. A typical user of a hyperlink on the current host website will be taken to the linked website through the hyperlink, and can there retrieve target information (copyrighted works) on the userʼs computer. However, evolving web language skills (such as frame linking or deep linking) enable Internet users to access information provided by the target website on the current host website, without actually going to the target website. According to Article 8 of World Copyright Treaty of World Intellectual Property Organization (WIPO WCT), the author is entitled to enjoy the right of communication of his works to the public as one of the exclusive rights. “Public communication” means to make available or communicate to the public the content of a work through sounds or images by wire or wireless networks, or through other means of communication, including enabling the public to receive the content of such work by any of the above means at a time or place individually chosen by them. The infringer of the right of communication to the public risks both civil liability and criminal sanction in the national laws. However, the question whether the act of providing hyperlinks constitutes the infringement of the public communication right has been debated in the recent cases in the European Union Court of Justice of the European Union Hitotsubashi Journal of Law and Politics 46 (2018), pp.75-81. C Hitotsubashi University","PeriodicalId":208983,"journal":{"name":"Hitotsubashi journal of law and politics","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128626559","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"THOUGHTS ABOUT LEGAL ETHICS AND CRIMINAL DEFENSE","authors":"Michael E. Tigar","doi":"10.15057/29044","DOIUrl":"https://doi.org/10.15057/29044","url":null,"abstract":"","PeriodicalId":208983,"journal":{"name":"Hitotsubashi journal of law and politics","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130261521","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal issues related to anti-corruption in Asian Countries: The case of US companies in China","authors":"S. D. Vido","doi":"10.15057/29047","DOIUrl":"https://doi.org/10.15057/29047","url":null,"abstract":"","PeriodicalId":208983,"journal":{"name":"Hitotsubashi journal of law and politics","volume":"69 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123982161","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"OBSERVATIONS SUR QUELQUES GRANDS ARRÊTS RÉCENTS EN DROIT DʼAUTEUR EN FRANCE ET DANS LʼUNION EUROPÉENNE","authors":"A. Lucas","doi":"10.15057/29045","DOIUrl":"https://doi.org/10.15057/29045","url":null,"abstract":"","PeriodicalId":208983,"journal":{"name":"Hitotsubashi journal of law and politics","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130853930","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"THE EUʼS RULE OF LAW AND THE JUDICIAL PROTECTION OF RIGHTS","authors":"Yumiko Nakanishi","doi":"10.15057/29043","DOIUrl":"https://doi.org/10.15057/29043","url":null,"abstract":"The European Union is based on the rule of law, which ensures a complete system of legal remedies and procedures, as enshrined by the Court of Justice of the EU (CJEU). After the Treaty of Lisbon, the Unionʼs values were laid down in the Treaty on the EU, and the EU Charter of Fundamental Rights is legally binding, reinforcing the effective judicial protection of rights. The CJEU guarantees the judicial protection of rights even in the Common Foreign Security Policy (CFSP).","PeriodicalId":208983,"journal":{"name":"Hitotsubashi journal of law and politics","volume":"108 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116807088","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"THE LIMITS OF JURISDICTION RATIONE MATERIAE OF UNCLOS TRIBUNALS","authors":"A. Proelss","doi":"10.15057/29046","DOIUrl":"https://doi.org/10.15057/29046","url":null,"abstract":"","PeriodicalId":208983,"journal":{"name":"Hitotsubashi journal of law and politics","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128847511","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"HUMANITARIAN INTERVENTION IN LIBYA: IS IT CAUSING INTERNAL WAR?","authors":"Mitsuhisa Fukutomi","doi":"10.15057/28303","DOIUrl":"https://doi.org/10.15057/28303","url":null,"abstract":"Following the Qaddafi regimeʼs targeting of civilians in February 2011, the United Nations (UN) authorized military intervention in Libya to protect the countryʼs civilians. In March 2011, a coalition of NATO allies and partners began enforcing an arms embargo, maintaining a nofly zone and protecting civilians and civilian populated areas from attack or the threat of attack in Libya under Operation Unified Protector (OUP). OUP was “successfully” concluded on 31 October 2011 1 . Western media and politicians applauded the intervention based on the “responsibility to protect”(R2P)as a humanitarian achievement for helping replace the dictatorial Qaddafi regime with a transitional council in Benghazi, Libyaʼs second largest city, pledged to democracy. Libyaʼs post-conflict transition, however, has been disrupted by armed militia groups and threatened by the conflict of interim leaders. The situation continued to have a negative impact on the living conditions and security of the local population, and was aggravated by the high rate of gun ownership among the population in the absence of any disarmament and effective weapons control efforts. Did NATO forces take advantage of the R2P norm in order to impose regime change in Libya? Did arming the Libyan rebels fall within the R2P norm? Was the application of R2P in Libya undermined by the fact that there was an immediate resort to military action? Hitotsubashi Journal of Law and Politics 45 (2017), pp.23-32. C Hitotsubashi University","PeriodicalId":208983,"journal":{"name":"Hitotsubashi journal of law and politics","volume":"85 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125923134","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"BRITAIN'S CHANGING MEDIA ACCOUNTABILITY SYSTEMS: THE ESTABLISHMENT AND ACTIVITIES OF THE INDEPENDENT PRESS STANDARDS ORGANISATION (IPSO)","authors":"J. Middleton","doi":"10.15057/28306","DOIUrl":"https://doi.org/10.15057/28306","url":null,"abstract":"","PeriodicalId":208983,"journal":{"name":"Hitotsubashi journal of law and politics","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124960128","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}