German Law Journal最新文献_第3页

GLJ volume 24 issue 5 Cover and Front matter GLJ第24卷第5期封面和封面

IF 1.3

German Law Journal Pub Date : 2023-08-01 DOI: 10.1017/glj.2023.56

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The Protected Grounds of Religion and Belief: Lessons for EU Non-Discrimination Law 受保护的宗教和信仰理由:欧盟非歧视法律的教训

IF 1.3

German Law Journal Pub Date : 2023-07-06 DOI: 10.1017/glj.2023.54

M. van den Brink

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Reporting Obligations for Attorneys in Money Laundering Cases: Attorney-Client Privilege Under Pressure? 洗钱案件中律师的报告义务：压力下的律师-客户特权？

IF 1.3

German Law Journal Pub Date : 2023-07-06 DOI: 10.1017/glj.2023.50

Robin Hofmann, Livio Lustenberger

{"title":"Reporting Obligations for Attorneys in Money Laundering Cases: Attorney-Client Privilege Under Pressure?","authors":"Robin Hofmann, Livio Lustenberger","doi":"10.1017/glj.2023.50","DOIUrl":"https://doi.org/10.1017/glj.2023.50","url":null,"abstract":"\u0000 With the publication of the Panama Papers in 2016, law firms and attorneys came under the spotlight of international anti-money laundering efforts. It became clear that attorneys, protected by the attorney-client privilege, play a significant role in concealing the origin of illicit funds and the constructing of offshore company-schemes. The public outcry prompted legislators to hold these facilitators accountable and to prevent money-laundering activities by imposing reporting obligation on them, whenever there is the suspicion of a client being involved in illicit activities. Unsurprisingly, attorney and professional associations voiced considerable opposition to these legislative efforts claiming an erosion of the attorney client privilege and nothing less than an attack on the rule of law. This article examines the attorney-client privilege from a historical, empirical, and constitutional perspective. A brief analysis of the legal frameworks in Germany and Switzerland exemplifies how reporting obligations affect legal practice and what challenges exist for attorneys. Both countries are considered global hubs for money laundering activities. The legal concepts of holding attorneys accountable in the neighboring countries differ in some respects. In conclusion, it shows that the legal professions successfully managed to widely avoid a ‘responsibilization’.","PeriodicalId":36303,"journal":{"name":"German Law Journal","volume":"24 1","pages":"825 - 837"},"PeriodicalIF":1.3,"publicationDate":"2023-07-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41673697","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}

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Unpartitionable: C.H. Alexandrowicz, Sovereign Divisibility, and the Longue Durée of the Polish-Lithuanian Commonwealth 不可分割:c·h·亚历山德罗维兹，主权分割和波兰立陶宛联邦的朗格·杜尔杰

IF 1.3

German Law Journal Pub Date : 2023-07-05 DOI: 10.1017/glj.2023.51

Eric Loefflad

{"title":"Unpartitionable: C.H. Alexandrowicz, Sovereign Divisibility, and the Longue Durée of the Polish-Lithuanian Commonwealth","authors":"Eric Loefflad","doi":"10.1017/glj.2023.51","DOIUrl":"https://doi.org/10.1017/glj.2023.51","url":null,"abstract":"Abstract In recent years, scholars of international legal history have demonstrated much newfound interest in C.H. Alexandrowicz, a Polish jurist renowned for his anti-Eurocentric revisionist account of Asian and African agency within the meta-narrative of international law. Building on efforts to link his Polish origins with his studies of the Afro-Asian world, especially on matters of imperialism and state personality, my purpose in this Article is to explore these connections through a materially grounded historical sociology of international legal thought. Centering the issue of whether sovereignty is divisible, I situate the historic Polish-Lithuanian Commonwealth—extinguished by a series of Partitions in 1772, 1793, and 1795—as a unique divided sovereignty-based polity that provided a basis for Alexandrowicz’s study of the juridical status of non-European sovereigns. This analogy united his overarching critique of nineteenth-century international legal positivism as an unjustifiable denial of both Polish and Afro-Asian sovereignty. In deciphering the materiality of Alexandrowicz’s imagination against this presumption, I build a narrative of the Polish-Lithuanian Commonwealth and the evolution of its distinct approach to sovereign divisibility. Through analysis of the interplay between internal and external factors, I account for the Commonwealth’s medieval origins, its development in opposition to the consolidating indivisible sovereignty of its absolutist neighbors, its attempts to maintain independence in the face of Partition, and the continued assertions of its variegated legacies following its destruction. This, I argue, provides a novel means of assessing Alexandrowicz’s theory, and the materiality of international law more generally.","PeriodicalId":36303,"journal":{"name":"German Law Journal","volume":"24 1","pages":"912 - 938"},"PeriodicalIF":1.3,"publicationDate":"2023-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47021110","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

Uncharted Waters: Solidarity with Migrants at Sea and the Freedom of Expression 未知水域：声援海上移民和言论自由

IF 1.3

German Law Journal Pub Date : 2023-07-04 DOI: 10.1017/glj.2023.52

Charlotte Hahn, K. Istrefi

{"title":"Uncharted Waters: Solidarity with Migrants at Sea and the Freedom of Expression","authors":"Charlotte Hahn, K. Istrefi","doi":"10.1017/glj.2023.52","DOIUrl":"https://doi.org/10.1017/glj.2023.52","url":null,"abstract":"\u0000 European States have adopted policies to push back not only against migrants fleeing across the Mediterranean Sea but also against those individuals and NGOs who act in solidarity with them. This article seeks to demonstrate how the activities of maritime NGOs in solidarity with migrants may be protected from States’ interferences within the framework of international human rights law. In a novel inquiry, we submit that both monitoring as the gathering of information and even search and rescue operations may be considered forms of the freedom of expression. Furthermore, as State measures, ranging from intimidation to criminalization, undoubtedly serve to counter migration to Europe, we argue that Article 18 ECHR may be violated if the interferences’ ulterior purpose is exposed. By showing solidarity, at times we also express ideas. Think of those who hid Jewish people during the Nazi regime, the NGOs who organized private aircrafts to save Afghans after the Taliban’s takeover, and those who today go to the Ukrainian border to collect people fleeing the war. This article is based on the authors’ conviction that human rights law must adapt to remain viable in the face of unprecedented human rights challenges and the resourceful civic actions to meet them.","PeriodicalId":36303,"journal":{"name":"German Law Journal","volume":"1 1","pages":""},"PeriodicalIF":1.3,"publicationDate":"2023-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42118065","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

Editorial to the Special Issue “The Impact of Digitalization on International Law” – CORRIGENDUM “数字化对国际法的影响”特刊社论-勘误表

IF 1.3

German Law Journal Pub Date : 2023-06-13 DOI: 10.1017/glj.2023.48

Dana Burchardt

引用次数: 0

The Political Jurisprudence of Paul W. Kahn 保罗·卡恩的政治法学

IF 1.3

German Law Journal Pub Date : 2023-05-01 DOI: 10.1017/glj.2023.44

M. Loughlin

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GLJ volume 24 issue 4 Cover and Front matter GLJ第24卷第4期封面和封面

IF 1.3

German Law Journal Pub Date : 2023-05-01 DOI: 10.1017/glj.2023.55

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A Scholarship of Engagement 参与奖学金

IF 1.3

German Law Journal Pub Date : 2023-05-01 DOI: 10.1017/glj.2023.45

P. Kahn

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Between Integration and the Rule of Law: EU Law’s Culture of Lawful Messianism 在一体化与法治之间：欧盟法律的法治弥赛主义文化

IF 1.3

German Law Journal Pub Date : 2023-05-01 DOI: 10.1017/glj.2023.43

Toni Marzal

{"title":"Between Integration and the Rule of Law: EU Law’s Culture of Lawful Messianism","authors":"Toni Marzal","doi":"10.1017/glj.2023.43","DOIUrl":"https://doi.org/10.1017/glj.2023.43","url":null,"abstract":"Abstract The present article seeks to identify the particular culture that undergirds the practice of EU law, by drawing from Paul Kahn’s Cultural Analysis of Law. It will do so by extracting from his work certain models for understanding the imaginative life of a political community, most importantly those of the rule of law and of political action, which in Kahn’s observation of American realities stand in competition to one another. This will lead us, first, to consider the particular place held by European integration, as a messianic project of collective transformation. While this might seem to structure the practice of EU law in a way that is consistent with Kahn’s description of political action, such a view, we will then submit, does not consider the particular place of law in the EU’s legal culture, as the very substance in which the European order appears incarnated, and which provides the impetus for much of its development. To account for these two dimensions in the political imaginary of the EU, it is argued that, unlike Kahn’s description of the American context, the rule of law and political action do not stand in tension with one another. Instead, the practice of EU law operates under an idiosyncratic frame of experience, which can be usefully associated to Robert Cover’s notion of “lawful messianism,” and which synthesizes key aspects of Kahn’s account of the rule of law and political action. Finally, to illustrate the operation of just that culture of lawful messianism and its persistence to this day, the article turns to the place of the rule of law as a “foundational value” of the European legal system and recent developments around this particular norm of EU law.","PeriodicalId":36303,"journal":{"name":"German Law Journal","volume":"24 1","pages":"718 - 734"},"PeriodicalIF":1.3,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42076839","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: 1