Tilburg Law School Legal Studies Research Paper Series最新文献

{"title":"How Internationalization at Home through Digitalization Subverts the Traditional Classroom and Creates Students-As-Producers: A Case Study of a Law Course in Hong Kong","authors":"A. Fan, A. Daly, N. Pushkarna","doi":"10.2139/ssrn.3630315","DOIUrl":"https://doi.org/10.2139/ssrn.3630315","url":null,"abstract":"Through the case study of a Chinese University of Hong Kong undergraduate Law class, this chapter demonstrates how Internationalization at Home can be achieved through a number of means, including: utilizing an intercultural and international student body, their experience and knowledge; the use of digital tools to facilitate peer interactions and the co-creation of knowledge; course content which reflects an internationalized approach to the subject-matter of the course; and partnerships with external partners and organizations being incorporated into the course. Using a mixed methods approach, our case study demonstrates the successful use of all of these means, particularly digitization, to achieve a highly Internationalized-at-Home course which equipped students with important practical skills in an intercultural learning environment.","PeriodicalId":214788,"journal":{"name":"Tilburg Law School Legal Studies Research Paper Series","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124958615","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":"Feedback on the European Commission's Evaluation of the Market Definition Notice","authors":"Inge Graef","doi":"10.2139/ssrn.3635416","DOIUrl":"https://doi.org/10.2139/ssrn.3635416","url":null,"abstract":"With this submission, I would like to take the opportunity to respond to the European Commission’s call for feedback on the evaluation of the Market Definition Notice. My comments mainly focus on the relevance and coherence of the Notice as two of the five evaluation criteria listed by the Commission. My submission aims to convey the following main messages:• A revised Market Definition Notice should acknowledge that for some restrictions of competition market definition is still decisive, while the effects of other restrictions of competition go beyond relevant markets as such.• To address the latter issue, a revised Market Definition Notice should stress the importance of potential competition in industries where innovation is a key parameter of competition. • A revised Market Definition Notice should provide room for competition authorities to engage in a more dynamic and forward-looking analysis in order to develop new approaches that can be refined in future cases.","PeriodicalId":214788,"journal":{"name":"Tilburg Law School Legal Studies Research Paper Series","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126744047","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":"Transparency of Automated Decisions in the GDPR: An Attempt for Systemisation","authors":"Emre Bayamlıoğlu","doi":"10.2139/ssrn.3097653","DOIUrl":"https://doi.org/10.2139/ssrn.3097653","url":null,"abstract":"The study provides a conceptual framework of the transparency requirements arising due to the opaque and biased nature of the automated decisions; and further explores the compatibility of this framework with the affordances of the transparency-related provisions of the GDPR. In line with this, the section following this introduction will start with the question: what type of automated decisions are within the scope of the GDPR? Accordingly, the coming section 2 will explore what amounts to an automated decision under the Regulation, and how the requirement of “solely automated processing” should be understood. In search of an answer, the section introduces a “regulatory perspective” to serve as the common denominator to systemize legal and other similarly significant effects of the automated decisions as expressed in Article 22/1. In sum: in order to address the issue at the necessary level of generality, automated data-driven systems are approached as decisional processes with certain regulatory impact. \u0000 \u0000As the paper ultimately intends to analyse the adequacy of the transparency-related provisions of the GDPR, this logically entails, as an initial step, the definition of a measure, or a certain benchmark of transparency to test and compare with the affordances provided by the Regulation. To this end, section 3 briefly provides the essential components of a technology-neutral and model-agnostic framework which aims to conceptualise and systemise the transparency requirements engendered by the automated decisions — namely, the transparency desiderata. Intended as a generic template, the transparency desiderata may be seen as a legal reading of the data-driven technologies together with their capacities and affordances. Taking into consideration the legal, economic and technical/computational impediments; section 3 completes with a theoretical outline of the possible modes of implementation for the transparency desiderata. Over all, the section seeks answer to the question: what must be made transparent to render automated decisions reviewable, verifiable and justifiable as regulatory processes — either directly by human reason or through human-machine symbiotic mechanisms? \u0000 \u0000Next, with a view to find out to what extent that the GDPR accommodates the transparency desiderata, sections 4 and 5 analyse the transparency affordances of the provisions specific to automated decisions in a two-pronged methodology. Accordingly, the scope and the implications of these provisions are studied in a dialectical entanglement — though as two different set of obligations. First, section 4, will provide a normative analysis of the relevant provisions formulated in the form of notification and disclosure duties under the “access rights” (Art. 13,14,15). The second set of transparency-related legal remedies to be analysed under the GDPR is the right not to be subject to automated decisions and its derivatives as formulated in Article 22. Section 5 is spared for th","PeriodicalId":214788,"journal":{"name":"Tilburg Law School Legal Studies Research Paper Series","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-01-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133460517","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":"地方分权与预算自主 — 论分税制下的地方预算自主权及其宪政意涵 (Decentralization and Budgetary Autonomy: On the Local Budgetary Autonomy under the Revenue-Sharing System and Its Constitutional Implication)","authors":"Lian-zhong Wu","doi":"10.2139/SSRN.2883138","DOIUrl":"https://doi.org/10.2139/SSRN.2883138","url":null,"abstract":"Chinese Abstract: 地方财政预算权是地方分权的核心内容，决定了地方政府能否自主地治理，并对中央的权力形成有效制衡，因此，其变迁具有深远的宪政意涵。从《预算法》文本上看，作为整体意义上的地方政府拥有了一定的预算自主权，但是在当下中国的法律和政治实践中，该项自主权的实质范围如何、受到何种来自中央的限缩抑或自身如何扩张，则是纵向分权上的重大问题，本文正围绕这一核心问题展开.本文首先梳理并重构地方预算自主权这一概念的内涵，由此建立起一个的新分析框架。由于我国地方预算自主权是在分税制改革的背景下形成的，本文回顾了分税制改革前我国地方财政权力收放的历史，以及改革后形成的“收入集权、支出分权”的央地财政分权模式.之后，本文结合法律文本和政治实践，通过对地方预算自主权的内容进行细致的分项分析，将目前地方预算的自主程度概括为“预算程序地方分权，预算收入中央集权，预算支出地方部分分权”。在这一框架下，主要的地方预算收入和支出决策权仍保留于中央，地方只有执行权和有限的决策权，中央集权的特征仍然明显，加之转移支付制度尚不够完善，造成了目前基层地方政府普遍的财政困境和预算不自主的现状.最后，本文剖析指出，地方预算自主权不足的根源，不仅在于财政宏观调控体系背后的中央优越性假设，也在于单一制国家结构形式下中央掌握着权力收放的最终决定权，以及地方政府欠缺在中央层面的政治参与权.如欲真正增强地方预算的自主权，靠技术化的预算改革难以解决这一问题，而需要对央地之间的纵向宪政权力架构作出改革，使中央和地方关系走向权力配置法治化、府际纠纷解决制度化，并保障地方在中央的政治参与权和规范化的利益表达渠道、充实地方人大的自治权力，最终从“单中心”的中央集权体制逐步走向“多中心”的地方自治.（本文刊载于《行政法论丛》2016年第18卷和《中国公共预算研究（第五届学术会议论文集）》（2014 · 北京），中央编译出版社2016年版，并获2016年蔡定剑宪法学优秀论文奖提名奖。）English Abstract: The vertical decentralization between central and local government is a key element of a state’s constitutional structure. Meanwhile, the local fiscal and budgetary autonomy is the central outcome of decentralization, which determines whether a local government could rule autonomously and forms an effective check and balance on the central government’s power. Therefore, the transition in local budgetary autonomy bears a profound constitutional implication. To some extent, the Chinese Budget Law has authorized budgetary autonomy to the local governments as a whole. However, it remains unclear that in China’s current legal and political practice, what is the substantial scope of this autonomy? How is it restricted by the central government? How does it endeavor to expend actively? These significant questions are closely related with the constitutional decentralization between central and local governments. This article is built around these central questions.In the beginning, this article systemizes and reconstructed the connotation of the concept “local budgetary autonomy”, on which a novel analyzing framework is based. As the local budgetary autonomy in China was formed in the context of Revenue-Sharing System Reform, this article reviewed the history of China’s local fiscal power before the reform, and the fiscal model of “centralized revenue, decentralized expenditure” between the central and local governments. The aim of the reform is to strengthen the central government’s fiscal extractive capacity, and to give some freedom in fiscal expenditure to the local governments. A transfer-payment-centered local fiscal and budgetary system is thus formed, and its process of funds flow can be concluded as “(local government) collecting tax -- (local government) turning over its revenue -- (central government’s) transfer payment”. These characteristics have profound influence on the development of local budgetary power.Based on the legal texts and political practice, this article then analyzed each branch of the local budgetary autonomy in detail (procedural budgetary autonomy, budgetary revenue autonomy and budgeta","PeriodicalId":214788,"journal":{"name":"Tilburg Law School Legal Studies Research Paper Series","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132217708","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":"Integrating Rather than Juxtaposing Environmental Policy and the Internal Market","authors":"H. Vedder","doi":"10.4337/9781783478101.00015","DOIUrl":"https://doi.org/10.4337/9781783478101.00015","url":null,"abstract":"This article analyses the recent jurisprudence on environmental protection measures and the EU rules on the free movement of goods. It argues that the Court is at times integrating these considerations insufficiently. A better integration, rather than the classic juxtaposition i.e. the environment vs. free movement presentation, will offer better insights into the Court's case law and thus offer more legal certainty.","PeriodicalId":214788,"journal":{"name":"Tilburg Law School Legal Studies Research Paper Series","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-01-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123327984","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":"EU Governance of Economic and Social Policies: Chances and Challenges for Social Europe","authors":"Sonja Bekker, S. Klosse","doi":"10.2139/ssrn.2367280","DOIUrl":"https://doi.org/10.2139/ssrn.2367280","url":null,"abstract":"This article aims at establishing to what extent the renewed EU economic and social policy coordination cycles offer opportunities to uphold and further develop the Union’s social objectives.First, it seeks to examine to what extent the legal frameworks in which macroeconomic and social policies operate may safeguard a balance between macroeconomic and social concerns (part II). Next, it explores the extent to which policy cycles take into account social aims and targets. For this purpose the National Reform Programmes, Stability and Convergence Programmes and the country-specific recommendations, addressed in 2011 and 2012 to the Netherlands and Germany, will be put to the test (part III). The analysis will focus on policy responses to Guideline No 10 of the Integrated Europe 2020 Guidelines. This Guideline was newly introduced in 2010 in order to ensure that employment and macroeconomic policies are compatible with the objective to combat poverty and social exclusion, one of the core objectives of the Union’s social policy. Lastly, the analysis will lead to some concluding remarks (part IV).","PeriodicalId":214788,"journal":{"name":"Tilburg Law School Legal Studies Research Paper Series","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125115364","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 ‘New’ Venture Capital Cycle and the Role of Governments: The Emergence of Collaborative Funding Models and Platforms","authors":"Janke Dittmer, J. McCahery, E. Vermeulen","doi":"10.2139/ssrn.2357771","DOIUrl":"https://doi.org/10.2139/ssrn.2357771","url":null,"abstract":"This paper examines recent trends in venture capital fundraising and investments. We find that the emergence of ‘new’ types of investors, such as crowdfunding platforms, super-angels and corporations, during this period may explain the changes in the venture capital model. Importantly, the new investment pattern emerges as a result of the increasing collaboration between new entrants, venture capitalists and partner industries. Our findings suggest that governments should take these trends and developments into account when deciding on how best to stimulate business growth and innovation.","PeriodicalId":214788,"journal":{"name":"Tilburg Law School Legal Studies Research Paper Series","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-11-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123803978","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":"Accounting for Political Feasibility in Climate Instrument Choice","authors":"J. Gilligan, M. Vandenbergh","doi":"10.2139/ssrn.2220788","DOIUrl":"https://doi.org/10.2139/ssrn.2220788","url":null,"abstract":"This Essay argues for consideration of political opportunity costs in the criteria used to evaluate climate policy instruments. Law and policy debates typically evaluate policy instruments by their expected performance after adoption, tacitly excluding consideration of the timing of adoption. Under this standard, a comprehensive carbon pricing instrument, either in the form of a cap and trade program or a carbon tax, has emerged as the preferred approach. Yet by excluding the political process from consideration, this standard obscures the effects of political feasibility on the timing of adoption. For many problems, the advantages of an optimal policy outweigh the advantages of a sub-optimal one that will require less time and effort to adopt. The climate problem is different: the irreversibility of climate change, the possibility of tipping points in the climate system, and lag times in infrastructure investments combine to impose large costs on delay. Excluding political opportunity costs from instrument evaluation leads to a preference for slow, comprehensive remedies. The casualties in this process are incremental instruments that could buy time, facilitate the adoption of additional instruments, and complement those instruments after they are adopted. This Essay proposes explicit consideration of political opportunity costs in evaluating climate policy instruments and applies this approach to several leading climate policies.","PeriodicalId":214788,"journal":{"name":"Tilburg Law School Legal Studies Research Paper Series","volume":"68 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-02-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128323644","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":"Welfare Effect of Mergers and Trade Liberalization","authors":"Amrita Ray Chaudhuri, Hassan Benchekroun","doi":"10.2139/ssrn.1095672","DOIUrl":"https://doi.org/10.2139/ssrn.1095672","url":null,"abstract":"In a two-country model where firms behave a la Cournot, we show that marginal and non-marginal trade liberalization have different effects on the social desirability of horizontal mergers. Marginal tariff reductions increase (decrease) the desirability of merger at sufficiently low (high) tariff levels. In the neighborhood of free trade, for sufficiently low cost savings from merger, trade liberalization increases the desirability of merger whilst decreasing the profitability, implying that mergers should be actively encouraged by competition authorities. Furthermore, we identify ranges of tariff levels for which, if trade liberalization increases (decreases) the desirability of merger, it necessarily increases (decreases) its profitability.","PeriodicalId":214788,"journal":{"name":"Tilburg Law School Legal Studies Research Paper Series","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115804916","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":"Dispute Resolution Practices of Legal Aid Organizations in Developing Countries","authors":"J. Monster, R. Porter, M. Barendrecht","doi":"10.2139/SSRN.1860065","DOIUrl":"https://doi.org/10.2139/SSRN.1860065","url":null,"abstract":"This paper gives an overview of the working methods of legal aid services of organizations in Mali, Rwanda, Egypt, Bangladesh and Azerbaijan. The focus is on the practices that are used to assist the parties to solve disputes. These practices are mapped with the use of the five tasks model (Barendrecht 2009) that TISCO developed. The overview reveals a great variety of practices and many similarities both in practices and challenges to facilitators in the dispute resolution processes. The lack of practices to obtain a speedy and effective neutral decision is a serious bottleneck. To further improve services a lot can be gained from mutual learning and the development of sets of evidence based practices. The five tasks model serves as a useful tool to map practices and identify practice based evidence for effectiveness of practices and gaps in approaches that different organisations use.","PeriodicalId":214788,"journal":{"name":"Tilburg Law School Legal Studies Research Paper Series","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128902731","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}