German Law Journal最新文献

Regulating Parties by Constitutional Rules in Liberal Democracies 自由民主国家的宪法规则对政党的规范

IF 1.3

German Law Journal Pub Date : 2023-12-14 DOI: 10.1017/glj.2023.117

Catarina Santos Botelho, Nuno Garoupa

引用次数: 0

New Dynamics of the “Post-COVID-19 Era”: A Legal Conundrum 后 COVID-19 时代 "的新动态：法律难题

IF 1.3

German Law Journal Pub Date : 2023-12-12 DOI: 10.1017/glj.2023.116

Arianna Vedaschi, Chiara Graziani

{"title":"New Dynamics of the “Post-COVID-19 Era”: A Legal Conundrum","authors":"Arianna Vedaschi, Chiara Graziani","doi":"10.1017/glj.2023.116","DOIUrl":"https://doi.org/10.1017/glj.2023.116","url":null,"abstract":"\u0000 In this Article we analyze whether and how the legal reactions to COVID-19 brought permanent changes to three main areas that are at the very basis of the study of comparative constitutional law: the horizontal separation of powers in different forms of government; the vertical separation of powers and its effects on forms of state; and the reviewability of limitations to human rights and personal freedoms by bodies exercising constitutional review. Rather than just examining and categorizing the reactions, we search for the political, institutional, factual, and sometimes even cultural rationales at the basis of each trend. Our claim is that COVID-19 was a driving force for relevant changes in the three analyzed areas, but we also recognize that these changes did not come “out of the blue,” as they were already “latent” in considered legal systems. The analysis demonstrates that the traditional categories we use to classify the forms of government, forms of state, and the mechanisms of constitutional review, although being useful paradigms to study these topics, have in themselves the potential to be “stretched,” and even unhinged, when global and long-lasting emergencies, as COVID-19, are in place.","PeriodicalId":36303,"journal":{"name":"German Law Journal","volume":"30 9","pages":""},"PeriodicalIF":1.3,"publicationDate":"2023-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139007706","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}

引用次数: 0

Media, Cultural Techniques, and the Law: The Other Cornelia Vismann 媒体、文化技术与法律：另一个科妮莉亚-维斯曼

IF 1.3

German Law Journal Pub Date : 2023-12-04 DOI: 10.1017/glj.2023.115

P. Minkkinen

{"title":"Media, Cultural Techniques, and the Law: The Other Cornelia Vismann","authors":"P. Minkkinen","doi":"10.1017/glj.2023.115","DOIUrl":"https://doi.org/10.1017/glj.2023.115","url":null,"abstract":"\u0000 In the Anglophone world of law, the German legal historian and legal theorist Cornelia Vismann (1961–2010) is best known as an acute interpreter of French high theory, especially of Jacques Derrida, Jacques Lacan, and Michel Foucault. This type of reception is, I argue, somewhat distorted. For her English-speaking colleagues, French “poststructuralism” provides the interface that enables Vismann to enter into shared discursive constellations with her Anglo-American critical legal colleagues. But at the same time, such a reception also downplays the very specifically German soil from which her unique scholarship arose. This Article discusses Vismann’s German background as media theory, the discipline that she was mostly associated with by her compatriots. The Article then assesses what Vismann’s media-theoretical contributions potentially offer to the contemporary study of law. For this “other Vismann,” the media-theoretical study of law was, I suggest, a practically oriented critical discipline that focused on law’s “cultural techniques” and how they operated. I also briefly touch upon what is generally known as “German media theory” through key figures such as Friedrich A. Kittler and Bernhard Siegert.","PeriodicalId":36303,"journal":{"name":"German Law Journal","volume":"2 12","pages":""},"PeriodicalIF":1.3,"publicationDate":"2023-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138603404","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}

引用次数: 0

Minimum Legal Standards in Reparation Processes for Colonial Crimes: The Case of Namibia and Germany 殖民罪行赔偿程序中的最低法律标准:纳米比亚和德国的案例

German Law Journal Pub Date : 2023-11-06 DOI: 10.1017/glj.2023.81

Karina Theurer

{"title":"Minimum Legal Standards in Reparation Processes for Colonial Crimes: The Case of Namibia and Germany","authors":"Karina Theurer","doi":"10.1017/glj.2023.81","DOIUrl":"https://doi.org/10.1017/glj.2023.81","url":null,"abstract":"Abstract In 2021, the German and Namibian governments published a Joint Declaration as a result of their negotiations on reparations. Ovaherero and Nama representatives strongly criticized the violation of their participation rights during the negotiations and the reproduction of colonial racism. In 2023, a lawsuit was filed with the Namibian High Court. This litigation could become a milestone in the history of legal struggles for reparations for colonial crimes worldwide. In addition to the litigation, several United Nations Special Rapporteurs were contacted and published their joint communication in April 2023, essentially confirming the lack of effective participation and the obligation to grant reparations. This Article gives an overview of the most important historical events during German colonial rule and the most significant efforts to legally come to terms with it since 2006. It analyzes the main legal issues in this context: Have the acts committed by German colonial troops violated the laws in force at the time? Is the current application of the doctrine of intertemporal law by the governments a reproduction of racism? Might it be a new act of racism? What challenges and limits do courts face when they attempt to retrospectively reconstruct legal systems and legal norms in force 100 years ago? Does the German state have a legal obligation to enter into negotiations over reparations? What participation rights do affected communities have in processes of legal reappraisal of colonialism? In view of the growing demands for reparations worldwide, it is timely to deal with the underlying legal issues in an exemplary manner. The legal intervention of the German-Namibian reappraisal could set a precedent. The Article aims at establishing minimum legal standards for reparations processes for colonial crimes worldwide.","PeriodicalId":36303,"journal":{"name":"German Law Journal","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135635168","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}

引用次数: 0

Openness, Purposiveness, and the Realignment of the EU and the Democratic and Social Constitutional State 欧盟与民主和社会宪政国家的开放性、目的性和重组

German Law Journal Pub Date : 2023-11-03 DOI: 10.1017/glj.2023.79

Marco Dani

引用次数: 0

How to Regulate Moral Dilemmas Involving Self-Driving Cars: The 2021 German Act on Autonomous Driving, the Trolley Problem, and the Search for a Role Model 如何规范涉及自动驾驶汽车的道德困境:2021年德国自动驾驶法案，电车问题，以及寻找榜样

German Law Journal Pub Date : 2023-11-03 DOI: 10.1017/glj.2023.83

Lando Kirchmair

引用次数: 1

Global Participatory Democracy through a UN World Citizens’ Initiative? Mapping the Theoretical and Institutional Terrain 通过联合国世界公民倡议实现全球参与式民主?绘制理论和制度地形

German Law Journal Pub Date : 2023-11-03 DOI: 10.1017/glj.2023.78

Ben L. Murphy, James Organ

{"title":"Global Participatory Democracy through a UN World Citizens’ Initiative? Mapping the Theoretical and Institutional Terrain","authors":"Ben L. Murphy, James Organ","doi":"10.1017/glj.2023.78","DOIUrl":"https://doi.org/10.1017/glj.2023.78","url":null,"abstract":"Abstract The burgeoning literature on the democratic deficit of international organizations, and the United Nations in particular, has, for the most part, inherited a pervasive state-centrism commonly associated with conventional approaches to international law more generally. While this approach is understandable, it appears incompatible with a holistic account of democracy, especially accounts that seek to situate the locus of power within the individual . Drawing on attempts to empower individual citizens to influence global governance decision-making in other contexts—especially the experience of the European Citizens’ Initiative—this Article considers a bold idea: The establishment of a “World Citizens’ Initiative,” through which individuals could directly influence the agenda of the primary organs of the United Nations. This Article critically analyzes the legal feasibility of such an initiative and the challenges of implementation. In doing so, it offers both a theoretical and institutional contribution to the debate about the normative case for the democratization of global governance through effective citizen participation.","PeriodicalId":36303,"journal":{"name":"German Law Journal","volume":"73 11","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135868175","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}

引用次数: 0

Endroits of Planetary Ordering: Violence, Law, Space, & Capital in the Diplomatic History of 19^th Century Europe 行星秩序的利益:暴力、法律、空间，&;19世纪欧洲外交史上的首都

German Law Journal Pub Date : 2023-11-03 DOI: 10.1017/glj.2023.82

Daniel R. Quiroga-Villamarín

{"title":"<i>Endroits</i> of Planetary Ordering: Violence, Law, Space, & Capital in the Diplomatic History of 19<sup>th</sup> Century Europe","authors":"Daniel R. Quiroga-Villamarín","doi":"10.1017/glj.2023.82","DOIUrl":"https://doi.org/10.1017/glj.2023.82","url":null,"abstract":"Abstract If Derrida once praised English for the richness of the expression “to enforce the law,” in this article I return the favor and embrace the ambiguity of the French word endroit . While it means nothing more than place , I suggest one could draw from Benjamin’s work on dwelling to ponder on the meaning of being within the spaces of 19 th century (counter) revolutionary internationalism. In this vein, I read Benjamin’s unfinished Arcades Project —and, in particular, its analysis of the rise of iron & glass architecture that accompanied the conquering bourgeois and the persistent aristocracy—to analyze the new built environments of the fin de siècle North Atlantic diplomacy. Despite the growing interest in the history of global governance, for historians and critical legal scholars alike, the spatial dimension of “the international” have been a largely unexplored affair. Conversely, I suggest Benjamin’s insistence on the materiality of architecture reminds us that international law’s castles were not built solely in the air. In this vein, I suggest one can trace a material history of the spaces in which revolutionary and counterrevolutionary internationalisms struggled to fashion a shell for themselves during Europe’s turbulent 19 th century.","PeriodicalId":36303,"journal":{"name":"German Law Journal","volume":"35 6","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135819905","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}

引用次数: 0

Imperial Presidency Versus Fragmented Executive? Unilateral Trade Measures and Executive Accountability in the European Union and the United States 帝王式总统制vs分散式行政?欧盟和美国的单边贸易措施和行政问责制

German Law Journal Pub Date : 2023-11-03 DOI: 10.1017/glj.2023.80

Thomas Verellen

引用次数: 0

The Systemic and the Particular in European Law—Judicial Cooperation in Criminal Matters – ERRATUM 欧洲法律—刑事司法合作的系统性与特殊性——勘误

German Law Journal Pub Date : 2023-10-18 DOI: 10.1017/glj.2023.77

Leandro Mancano

引用次数: 0