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The Universal Periodic Review and the Special Procedures: Weird Picasso Abstraction or a Thought-Out Drawing? 普遍定期审查和特别程序：奇怪的毕加索抽象还是经过深思熟虑的绘画？
International and Comparative Law Review Pub Date : 2022-12-01 DOI: 10.2478/iclr-2022-0015
Martina Grochová
{"title":"The Universal Periodic Review and the Special Procedures: Weird Picasso Abstraction or a Thought-Out Drawing?","authors":"Martina Grochová","doi":"10.2478/iclr-2022-0015","DOIUrl":"https://doi.org/10.2478/iclr-2022-0015","url":null,"abstract":"Summary The international human rights system became massive and often difficult to understand even for lawyers themselves. Do we really need different human rights organisations operating both worldwide and locally, dozens of human rights treaties and monitoring bodies? The present paper focuses on the relation between the UN Universal Periodic Review (UPR) and the Special Procedures of the Human Rights Council (SP), two mechanisms that may, at the first sight seem largely overlapping in their purpose and, yet, pulling in opposite directions, causing more confusion than bringing benefits. I assert that despite the thematic and jurisdictional overlap of the mechanisms, the UPR and the SP are largely complementary and the existence of both necessary..","PeriodicalId":36722,"journal":{"name":"International and Comparative Law Review","volume":"22 1","pages":"66 - 80"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49635795","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
UN Treaty on Business and Human Rights or Investor-State Arbitration? A Sober Answer for the Better Protection of Human Rights 联合国商业与人权条约还是投资者-国家仲裁？更好地保护人权的清醒答案
International and Comparative Law Review Pub Date : 2022-12-01 DOI: 10.2478/iclr-2022-0020
Alessandro Suppa
{"title":"UN Treaty on Business and Human Rights or Investor-State Arbitration? A Sober Answer for the Better Protection of Human Rights","authors":"Alessandro Suppa","doi":"10.2478/iclr-2022-0020","DOIUrl":"https://doi.org/10.2478/iclr-2022-0020","url":null,"abstract":"Summary The concept of legal personality has been and is currently the object of studies. The doctrine is vast and made of many convincing interpretations. For this reason, an excursus of the main theories will be outlined in the light of recent events which support a specific theoretical orientation. The study will give a clear understanding of how international legal personality applies to Non-State Actors. After removing minor doctrines from the equation, those that remain will be highlighted, and compared with how the same matter is de facto faced in international investment law. The relationship between international investment law and international human rights law with regards to the role played by investors will be scrutinised. In investment arbitration, the position of the State and the investor is equal. This leads to the impression that international investment law is the realm in which to ensure more protection for the victims of human rights violations by business enterprises. So, if respect for international human rights is incorporated into the investment arbitral dispute procedures it could protect and or prevent human rights abuses. The opposite approach is to view business activities as objects. In this case, the role to regulate companies and protect stakeholders will be only on the state, and companies will be indirectly obliged to respect human rights. Therefore, the current draft of the binding treaty on business and human rights will be taken into consideration. The analysis of the two approaches will highlight which represents the more stable option for preventing, protecting and remedying human rights abuses by business enterprises. Specifically, the main questions to be answered are: is the international investment law’s field the future for more effective protection of human rights violations coming from business activities? Or is it a states’ prerogative to set and impose rules to prevent and protect such violations?","PeriodicalId":36722,"journal":{"name":"International and Comparative Law Review","volume":"22 1","pages":"152 - 178"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45865882","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
International Legal Personality of Transnational Corporations – Any Chance for the Theoretical Shift with Respect to a Legally Binding Instrument on Human Rights and TNCs? 跨国公司的国际法人资格——关于人权和跨国公司的具有法律约束力的文书的理论转变的机会吗?
International and Comparative Law Review Pub Date : 2022-12-01 DOI: 10.2478/iclr-2022-0019
Pavel Bureš
{"title":"International Legal Personality of Transnational Corporations – Any Chance for the Theoretical Shift with Respect to a Legally Binding Instrument on Human Rights and TNCs?","authors":"Pavel Bureš","doi":"10.2478/iclr-2022-0019","DOIUrl":"https://doi.org/10.2478/iclr-2022-0019","url":null,"abstract":"Summary Multinational enterprises or transnational corporations are big and influential actors on international scene. Their economic activities might have unfortunately a negative impact on human rights or environment. Current international law does not have any concrete and satisfactory answer to such situation of lacking direct substantial human rights obligations with respect to transnational corporations and corresponding procedural mechanism. Often, this situation is substantiated by missing or unclear concept of international legal personality of those entities. The present article presents international legal personality of transnational corporations from the perspective of the Legally biding instrument on human rights and TNCs drafted by inter-governmental working group. After portraying general features of international legal personality, the author tends to conciliate basic theoretical concept with the TNCs situation. Then the author presents a deep analysis of the Legally binding instrument and comes to the conclusions of maturing international legal personality of transnational corporations.","PeriodicalId":36722,"journal":{"name":"International and Comparative Law Review","volume":"22 1","pages":"139 - 151"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45923913","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
Legal Perspectives on Smart City Data as a Commons 智能城市数据共享的法律视角
International and Comparative Law Review Pub Date : 2022-12-01 DOI: 10.2478/iclr-2022-0012
A. Kajander
{"title":"Legal Perspectives on Smart City Data as a Commons","authors":"A. Kajander","doi":"10.2478/iclr-2022-0012","DOIUrl":"https://doi.org/10.2478/iclr-2022-0012","url":null,"abstract":"Summary Smart cities are purported to produce vast amounts of data of immense value, both commercially and from a governance perspective. The control and stewardship of this smart city data remains controversial, with concerns for the role of the individual smart citizens and the control they exercise over the data they generate. Elinor Ostrom’s Nobel prize winning work on long-lasting and sustainable commons has been suggested as a solution, whereby the commons management principles would be applied to smart city data. This paper seeks to identify the current applications of Ostrom’s commons to smart city data in literature, as well as explore their legal implications. Particularly, what legal challenges may arise from the smart city data commons, and how they could be addressed through legislative frameworks. The article aims to identify and highlight these legal challenges and thereby provide a legal perspective on the concept of smart city data commons.","PeriodicalId":36722,"journal":{"name":"International and Comparative Law Review","volume":"22 1","pages":"7 - 26"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49053435","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
Personal Data Protection in Brazil: How Much Europeanization? 巴西的个人数据保护:欧洲化程度如何?
International and Comparative Law Review Pub Date : 2022-12-01 DOI: 10.2478/iclr-2022-0016
Ondřej Filipec, M. P. Alves, Leonardo Nochang Heck, Gustavo Delvaux Parma
{"title":"Personal Data Protection in Brazil: How Much Europeanization?","authors":"Ondřej Filipec, M. P. Alves, Leonardo Nochang Heck, Gustavo Delvaux Parma","doi":"10.2478/iclr-2022-0016","DOIUrl":"https://doi.org/10.2478/iclr-2022-0016","url":null,"abstract":"Summary In this article, we are assessing the impact of GDPR on the adoption of the Brazilian LGPD regulation. The assessment is done in the context of Europeanization. After the introduction of key concepts, the article is providing deeper insight into the LGPD creation, revealing historical and teleological perceptions of the influence: Moreover, a separate chapter is provided on the comparative dimension. Overall, with the adoption of the GDPR EU created a comprehensive regulatory regime, which was reflected by Brazilian lawmakers, who found strong inspiration in the EU regulation and who have decided to converge in order to avoid losses associated with a potential difference between the EU and Brazilian data market. As a result, LGPD is very similar to the GDPR and in many parts is taking the same attitude..","PeriodicalId":36722,"journal":{"name":"International and Comparative Law Review","volume":"22 1","pages":"81 - 104"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44854462","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
Draft Legally Binding Instrument on Business and Human Rights – Is UN Stepping Twice into the Same River? 具有法律约束力的商业与人权文书草案——联合国是两次踏入同一条河吗？
International and Comparative Law Review Pub Date : 2022-07-01 DOI: 10.2478/iclr-2022-0010
Amal Azem Gealfow, Ivana Machoňová Schellongová
{"title":"Draft Legally Binding Instrument on Business and Human Rights – Is UN Stepping Twice into the Same River?","authors":"Amal Azem Gealfow, Ivana Machoňová Schellongová","doi":"10.2478/iclr-2022-0010","DOIUrl":"https://doi.org/10.2478/iclr-2022-0010","url":null,"abstract":"Summary Discussions of preventing and addressing adverse impact of business activities on human rights have occupied international community at least for the last fifty years. This article discusses successes and failures of past attempts, a state of play of negotiating legally binding instrument and alternative approaches to the current path. It suggests that the way forward for a successful treaty on business and human rights is maintaining key objectives of the draft, namely access to remedy and justice for victims of corporate abuses, balanced with cross regional support among States. Alternative approaches may be worth exploring if they would promise of delivering this balance. In this context, a new group of friends may contribute to changing of dynamics of discussions and mindsets of key players.","PeriodicalId":36722,"journal":{"name":"International and Comparative Law Review","volume":"22 1","pages":"149 - 164"},"PeriodicalIF":0.0,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46973920","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
Procedural Specifics of Consumer Dispute Resolutions in Slovakia 斯洛伐克消费者纠纷解决的程序细节
International and Comparative Law Review Pub Date : 2022-07-01 DOI: 10.2478/iclr-2022-0003
Katarína Gešková
{"title":"Procedural Specifics of Consumer Dispute Resolutions in Slovakia","authors":"Katarína Gešková","doi":"10.2478/iclr-2022-0003","DOIUrl":"https://doi.org/10.2478/iclr-2022-0003","url":null,"abstract":"Summary The substantive provisions protecting the consumer in contractual relations belong to the reality of European and Slovak national law, which no one dares to doubt anymore. These norms are of such importance that they have fundamentally influenced the nature of civil law in general. In order for civil procedure to fulfil its basic function in this area, that is, to protect and enforce substantive law and to be a means of protecting subjective rights and legally protected interests, it must ‘keep up’ with the development of substantive law. Procedural law ensures the fullfilment of consumer rights as well. This article crearly describes the procedural specifics of consumer dispute resolutions in Slovakia. It brings the overview of the system of procedural protection as o whole but also focuses deeper on specifics of consumer disputes in standard civil procedure before general courts. The article also briefly describes the system of alternative dispute resolution for consumer disputes and system of consumer procedural protection in administrative and criminal proceedings.","PeriodicalId":36722,"journal":{"name":"International and Comparative Law Review","volume":"22 1","pages":"43 - 72"},"PeriodicalIF":0.0,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46916093","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
Autonomous Interpretation by the European Court of Human Rights and Margin of Appreciation 欧洲人权法院的自主解释与升值幅度
International and Comparative Law Review Pub Date : 2022-07-01 DOI: 10.2478/iclr-2022-0009
K. Trykhlib, V. Lemak
{"title":"Autonomous Interpretation by the European Court of Human Rights and Margin of Appreciation","authors":"K. Trykhlib, V. Lemak","doi":"10.2478/iclr-2022-0009","DOIUrl":"https://doi.org/10.2478/iclr-2022-0009","url":null,"abstract":"Summary The article is devoted to the problem of interpretation and application in practice of the European human rights standards through autonomous interpretation, as well as to the definition of the role and significance of the doctrine of margin of appreciation in this process. The relevance of the subject matter of research is due to the need to implement effective mechanisms for ensuring and protecting key human rights and freedoms in Ukraine, the establishment of the European principles of law and the European identity. The purpose of the study is a comprehensive analysis of the formation and evolution of the doctrine of autonomous interpretation in the jurisprudence of the European Court of Human Rights by studying and synthesizing judicial practice on the application of autonomous interpretation and elaboration on this basis of a system of autonomous concepts that reflect the common European vision of fundamental human rights and are also a kind of foundation of the European human rights law. The methodological basis of the paper are philosophical, general scientific and special research methods, in particular, dialectical, historical, logical, systemic, sociological, and comparative methods. The study concludes that it is through autonomous interpretation based on the European consensus that the European Court of Human Rights establishes imperative standards for the interpretation and application of human rights in practice, which prevents certain violations by particular member states of the Council of Europe, as well as supports the convergence and harmonization of different national legal systems, which contributes to the formation of the most homogeneous legal environment and the European system of human rights protection. The practical feasibility of the study is aimed primarily at applying autonomous concepts in practice, prima facie, by the judiciary.","PeriodicalId":36722,"journal":{"name":"International and Comparative Law Review","volume":"22 1","pages":"135 - 148"},"PeriodicalIF":0.0,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44748403","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
Post-Brexit European Map: the New Continental Status Quo and Institutional Decision-Making 英国脱欧后的欧洲地图：新大陆现状与制度决策
International and Comparative Law Review Pub Date : 2022-07-01 DOI: 10.2478/iclr-2022-0011
L. Kiss
{"title":"Post-Brexit European Map: the New Continental Status Quo and Institutional Decision-Making","authors":"L. Kiss","doi":"10.2478/iclr-2022-0011","DOIUrl":"https://doi.org/10.2478/iclr-2022-0011","url":null,"abstract":"Summary Brexit became part of the European public consciousness following the 2016 referendum. We are only just starting to realize the actual effects and consequences of the UK’s withdrawal in multiple issues. The article analyzes the new, post-Brexit continental status quo and the changing trends in institutional decision-making. The position and dominance of the Member States are reflected in their role in the EU institutions. The weight of the Member States in decision-making also has a significant impact on the development of individual common policies. Brexit has strengthened the dominance of Germany and France. However, it also affected the position of Central and Eastern European states. Poland has become one of the “big Member States” that could make the combined dominance of the Visegrád states (Poland, Czech Republic, Hungary, and Slovakia) more relevant in forming the future of the EU..","PeriodicalId":36722,"journal":{"name":"International and Comparative Law Review","volume":"22 1","pages":"165 - 177"},"PeriodicalIF":0.0,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46020123","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
Resolution of Cases for Consumer Protection under Civil Procedure in Poland. Selected Issues 波兰民事诉讼中消费者保护案件的解决。选定的问题
International and Comparative Law Review Pub Date : 2022-07-01 DOI: 10.2478/iclr-2022-0007
Krzysztof Drozdowicz
{"title":"Resolution of Cases for Consumer Protection under Civil Procedure in Poland. Selected Issues","authors":"Krzysztof Drozdowicz","doi":"10.2478/iclr-2022-0007","DOIUrl":"https://doi.org/10.2478/iclr-2022-0007","url":null,"abstract":"Summary The article addresses selected issues related to the resolution of cases for consumer protection under civil procedure in Poland. Although consumer law is mainly the domain of substantive civil law, in civil procedural law there are also normative solutions concerning this issue and they will be discussed in the article. The author will present new legal instruments aimed at increasing the effectiveness of consumer protection in civil proceedings, as well as the proposed changes that should be under debate.","PeriodicalId":36722,"journal":{"name":"International and Comparative Law Review","volume":"22 1","pages":"108 - 119"},"PeriodicalIF":0.0,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47359585","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
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