International and Comparative Law Review最新文献_第9页

Privacy and Proportionality: Examining Mass Electronic Surveillance under Article 8 and the Fourth Amendment 隐私和相称性：根据第八条和第四修正案审查大规模电子监控

International and Comparative Law Review Pub Date : 2020-06-01 DOI: 10.2478/iclr-2020-0002

Christine Carpenter

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引用次数: 5

Cumulative Grounds in Petitions for Appellate Review and the Right to Fair Judicial Process 上诉复审请愿的累积理由与公平司法程序的权利

International and Comparative Law Review Pub Date : 2020-06-01 DOI: 10.2478/iclr-2020-0015

Svetlana Ficová

{"title":"Cumulative Grounds in Petitions for Appellate Review and the Right to Fair Judicial Process","authors":"Svetlana Ficová","doi":"10.2478/iclr-2020-0015","DOIUrl":"https://doi.org/10.2478/iclr-2020-0015","url":null,"abstract":"Summary After re-codification of civil law in the Slovak Republic, the rulings of the Supreme Court Special Panel are now binding on all panels of the Supreme Court. The first ruling dealt with a crucial issue of admissibility of appellate review in case of several grounds simultaneously shown in a petition for appellate review. According to the Special Panel’s opinion, cumulative grounds are not admissible either within vertical or horizontal structure. That is, it is not possible to combine the grounds for appellate review defined in the two sections of the Civil Litigation Procedure Code (§ 420 and § 421), or several grounds under the same section (§ 420). Should this occur, the court of appellate review will limit its considerations only to a procedural error specified in § 420, more specifically, the one defined earlier in order of precedence. Within a short period of time, the Supreme Court revised its opinion, and the Special Panel made a contrary ruling by which the cumulative grounds of appellate review were admitted. The purpose of this paper is to consider these two different decisions and to present also some other arguments.","PeriodicalId":36722,"journal":{"name":"International and Comparative Law Review","volume":"20 1","pages":"304 - 319"},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46337846","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

Types of cultural property and their protection under International Criminal Law 文化财产的种类及其在国际刑法下的保护

International and Comparative Law Review Pub Date : 2020-06-01 DOI: 10.2478/iclr-2020-0010

Ivan Ryška

引用次数: 0

Human Trafficking Analyzed as a Crime Against Humanity 贩卖人口作为反人类罪分析

International and Comparative Law Review Pub Date : 2020-06-01 DOI: 10.2478/iclr-2020-0006

Autumn D. Tolar

{"title":"Human Trafficking Analyzed as a Crime Against Humanity","authors":"Autumn D. Tolar","doi":"10.2478/iclr-2020-0006","DOIUrl":"https://doi.org/10.2478/iclr-2020-0006","url":null,"abstract":"Summary The global legal landscape recognizes the seriousness of human trafficking crimes yet many cases remain unheard. Current classifications of this crime along with jurisdictional requites for the International Criminal Courts are preventing adjudication of trafficking in persons when there is a factor of transnationality. I argue that the solution to positioning human trafficking into the jurisdiction of the International Criminal Courts is to analyze its rise to the level of a crime against humanity. Until this point, there has not been a human trafficking case well suited to make this argument to thoroughly demonstrate all the elements required to be classified as a crime against humanity. I argue that not only does the cross examination of human trafficking, under the Trafficking Protocol and the enumerated acts of Article 7(1) of the Rome Statute, meet the elements of a crime against humanity, but that the recent human trafficking situation of the Rohingya people in Myanmar further demonstrates its potential application and necessity. Classifying human trafficking as a crime against humanity would put these cases in the jurisdiction of the International Criminal Courts which would give previously domestically neglected cases an opportunity to be prosecuted and potentially deter the growing human trafficking epidemic.","PeriodicalId":36722,"journal":{"name":"International and Comparative Law Review","volume":"20 1","pages":"127 - 152"},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43958109","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

Principles of liability under the Polish Criminal Code for behavior relating to the termination of pregnancy undertaken in Poland and the Czech Republic 《波兰刑法》对在波兰和捷克共和国境内终止妊娠行为的责任原则

International and Comparative Law Review Pub Date : 2020-06-01 DOI: 10.2478/iclr-2020-0011

O. Sitarz, Anna Jaworska-Wieloch

引用次数: 0

Juliana v United States of America: The Final Frontier for Climate Litigation in America? 朱莉安娜诉美利坚合众国:美国气候诉讼的最后前沿?

International and Comparative Law Review Pub Date : 2020-06-01 DOI: 10.2478/iclr-2020-0001

Y. Meyer, Willem H. Gravet

引用次数: 0

Once Upon a Time in Cyberspace: A Grim Reality about the Dangers of Cyberwarfare 《网络空间曾几何时:关于网络战危险的严峻现实》

International and Comparative Law Review Pub Date : 2020-06-01 DOI: 10.2478/iclr-2020-0004

Gia Fernicola

引用次数: 4

Law-Making Activity in the Case Law of the Constitutional Court of Ukraine 乌克兰宪法法院判例法中的立法活动

International and Comparative Law Review Pub Date : 2019-12-01 DOI: 10.2478/iclr-2019-0014

K. Trykhlib

引用次数: 3

Towards Pollution-Control in Cyberspace: Problem Structure and Institutional Design in International Cybersecurity 迈向网络空间污染控制:国际网络安全问题结构与制度设计

International and Comparative Law Review Pub Date : 2019-12-01 DOI: 10.2478/iclr-2019-0015

A. Kasper, Csaba Krasznay

{"title":"Towards Pollution-Control in Cyberspace: Problem Structure and Institutional Design in International Cybersecurity","authors":"A. Kasper, Csaba Krasznay","doi":"10.2478/iclr-2019-0015","DOIUrl":"https://doi.org/10.2478/iclr-2019-0015","url":null,"abstract":"Summary In their contest for domination in cyberspace states engage powers of technology, money, persuasion and norms. Clashes between two competing approaches resulted in the creation of two parallel working groups in the UN that address issues of international cybersecurity, including principles, norms and laws. Although there are very few treaties that deal expressly with cyber activities, normative aspirations and frequent use of imported rules and principles from other realms to cyberspace suggest the emergence of a new cyber normative regime – though, in the short term probably short of a global treaty. The substantive content of existing and potentially applicable norms to cyberspace has been examined to a great extent, but less scholarly attention has been paid to mechanisms that can produce cooperation and compliant behavior with international norms in cyberspace. This study draws inspiration from environmental agreements from procedural aspects and we identified two environmental regimes, which address problems sufficiently similar to the challenges of international cyber security and which have been the most successful in terms of cooperation. Selection of the Montreal Protocol and REDD+ mechanism was based on the following main factors: incentives in terms of game theory, capacities of actors, information and scientific uncertainty, the time of institution creation in normative lifecycle, number of actors, and asymmetry in power and positions taken among actors. Further analysis focuses on institutional design elements in the chosen cases, and examines if or under what conditions could these be used for international normative frameworks on cyberspace.","PeriodicalId":36722,"journal":{"name":"International and Comparative Law Review","volume":"19 1","pages":"76 - 96"},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42941037","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: 8

The EU Concept of the Rule of Law and the Procedures de lege lata and de lege ferenda for its Protection 欧盟的法治理念及其保护的现行法律程序和法律议程

International and Comparative Law Review Pub Date : 2019-12-01 DOI: 10.2478/iclr-2019-0017

Naděžda Šišková

引用次数: 1