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Tilburg Law Review-Journal of International and Comparative Law最新文献

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Legislation: Work of Art or Artefact? 立法:艺术品还是人工制品?
IF 1.7
Tilburg Law Review-Journal of International and Comparative Law Pub Date : 2015-09-30 DOI: 10.1163/22112596-02002008
B. Roermund
{"title":"Legislation: Work of Art or Artefact?","authors":"B. Roermund","doi":"10.1163/22112596-02002008","DOIUrl":"https://doi.org/10.1163/22112596-02002008","url":null,"abstract":"The title of Willem Witteveen’s 'De wet als kunstwerk' is an utter challenge for translators with a philosophical mindset. In English, the choice readily at hand for ‘kunstwerk’ would be ‘work of art’. But a different translation looms large. A ‘kunstwerk’ (in Dutch) also means a technically advanced construction in an already cultivated landscape. Let us call such constructions ‘artefacts’, to distinguish them from ‘works of art’. The latter are wrought by artists, the former by engineers. My question departs from the ambiguity inherent to ‘kunstwerk’ as it hovers between work of art and artefact. From a philosophical point of view, what, with regard to contemporary legislation, remains of the artefact as over and against the work of art?","PeriodicalId":38415,"journal":{"name":"Tilburg Law Review-Journal of International and Comparative Law","volume":"20 1","pages":"180-190"},"PeriodicalIF":1.7,"publicationDate":"2015-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22112596-02002008","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64565912","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
Vita Brevis, Ars Longa: In Memoriam Willem Witteveen Vita Brevis，Ars Longa：纪念Willem Wittevien
IF 1.7
Tilburg Law Review-Journal of International and Comparative Law Pub Date : 2015-09-30 DOI: 10.1163/22112596-02002006
S. Taekema, B. Klink
{"title":"Vita Brevis, Ars Longa: In Memoriam Willem Witteveen","authors":"S. Taekema, B. Klink","doi":"10.1163/22112596-02002006","DOIUrl":"https://doi.org/10.1163/22112596-02002006","url":null,"abstract":"In this contribution we sketch the most important themes of Willem Witteveen’s work. Rather than providing an academic overview we use one of his favourite metaphors, that of the house, to show the breadth of his interests and the approach that characterizes both his writings and his public achievements. Although most legal scholars will know of his work on legislation and the Rechtsstaat , his interest in legal theory, literature and art is equally significant to understand his contribution to legal scholarship. His work is unified by his rhetorical stance, which was always open to different voices of the present and the past.","PeriodicalId":38415,"journal":{"name":"Tilburg Law Review-Journal of International and Comparative Law","volume":"20 1","pages":"161-167"},"PeriodicalIF":1.7,"publicationDate":"2015-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22112596-02002006","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64565846","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
Data Retention and its Implications for the Fundamental Right to Privacy 数据保留及其对基本隐私权的影响
IF 1.7
Tilburg Law Review-Journal of International and Comparative Law Pub Date : 2015-04-03 DOI: 10.1163/22112596-02001005
Arianna Vedaschi, Valerio Lubello
{"title":"Data Retention and its Implications for the Fundamental Right to Privacy","authors":"Arianna Vedaschi, Valerio Lubello","doi":"10.1163/22112596-02001005","DOIUrl":"https://doi.org/10.1163/22112596-02001005","url":null,"abstract":"The Data Retention Directive is one of the most controversial acts adopted by the EU. The storage of an indeterminate amount of data – concerning every citizen of the EU – requires finding a balance between the need to fight terrorism and the rights to privacy and data protection, as declared in the Charter of Fundamental Rights of the EU, the ECHR, and by the common constitutional values shared by Member States. According to the CJEU (joined cases C-293/12 and C-594/12), the Directive ‘treats everyone as a suspect’, ‘monitors everyone’ and ‘puts everyone under surveillance’ and represents a ‘serious interference’ to citizens’ rights to privacy.The aim of this paper is to define – through a comparative analysis – the main features of the CJEU balancing process, trying to assess possible future scenarios for data retention in the European and domestic legal frameworks. The challenge remains the same: how to prevent serious crime and terrorism while preserving our fundamental rights?","PeriodicalId":38415,"journal":{"name":"Tilburg Law Review-Journal of International and Comparative Law","volume":"20 1","pages":"14-34"},"PeriodicalIF":1.7,"publicationDate":"2015-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22112596-02001005","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64565531","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: 12
Privacy and National Security in the Digital Age. European and Comparative Constitutional Perspectives 数字时代的隐私和国家安全。欧洲和比较宪法的观点
IF 1.7
Tilburg Law Review-Journal of International and Comparative Law Pub Date : 2015-03-15 DOI: 10.1163/22112596-02001004
F. Fabbrini
{"title":"Privacy and National Security in the Digital Age. European and Comparative Constitutional Perspectives","authors":"F. Fabbrini","doi":"10.1163/22112596-02001004","DOIUrl":"https://doi.org/10.1163/22112596-02001004","url":null,"abstract":"The article introduces the theme of the protection of the right to privacy in a world characterized by rapid developments in digital technology and the need to fight terrorism. It identifies the challenges that surveillance policies raise on privacy and data protection and explains how the contributions to the Special Issue connect to the ongoing legal and policy debate in the field of European and comparative constitutional law.","PeriodicalId":38415,"journal":{"name":"Tilburg Law Review-Journal of International and Comparative Law","volume":"20 1","pages":""},"PeriodicalIF":1.7,"publicationDate":"2015-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22112596-02001004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64565524","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
Stateless Indigenous People(s): The Right to a Nationality, Including Their Own 无国籍土著人民:拥有国籍的权利，包括他们自己的国籍
IF 1.7
Tilburg Law Review-Journal of International and Comparative Law Pub Date : 2014-09-25 DOI: 10.1163/22112596-01902028
W. Genugten, A. Meijknecht, B. Rombouts
{"title":"Stateless Indigenous People(s): The Right to a Nationality, Including Their Own","authors":"W. Genugten, A. Meijknecht, B. Rombouts","doi":"10.1163/22112596-01902028","DOIUrl":"https://doi.org/10.1163/22112596-01902028","url":null,"abstract":"According to the 2007 UN Declaration on the Right of Indigenous Peoples, every indigenous individual has the right to a nationality. The present paper focuses on the right to a nationality as a ‘gateway’ to the recognition of a plurality of other rights. Doing so, two issues are given special attention: 1) the lack of adequate birth registration and the consequences of this ‘false start’ for other rights, such as, again, the right to a nationality. 2) The recognition of indigenous identity papers: while regularly Indigenous Peoples do not want to establish an independent sovereign State, many of them strive for the recognition of their own Indigenous identity papers. The paper discusses some of the advantages and consequences thereof.","PeriodicalId":38415,"journal":{"name":"Tilburg Law Review-Journal of International and Comparative Law","volume":"19 1","pages":"98-107"},"PeriodicalIF":1.7,"publicationDate":"2014-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22112596-01902028","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64565325","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: 2
Citizenship Deprivation in the United Kingdom: Statelessness and Terrorism 英国公民身份的剥夺:无国籍和恐怖主义
IF 1.7
Tilburg Law Review-Journal of International and Comparative Law Pub Date : 2014-01-01 DOI: 10.1163/22112596-01902016
S. Mantu
{"title":"Citizenship Deprivation in the United Kingdom: Statelessness and Terrorism","authors":"S. Mantu","doi":"10.1163/22112596-01902016","DOIUrl":"https://doi.org/10.1163/22112596-01902016","url":null,"abstract":"The United Kingdom has amended its nationality legislation in order to make it easier for the state to exercise citizenship deprivation powers. The new powers target citizens who have engaged in behaviours labelled by the UK executive as not conducive to the public good. Statelessness operates as the outer limit of the government’s capacity to transform citizens into foreigners and plays an important role in limiting the exercise of executive powers.","PeriodicalId":38415,"journal":{"name":"Tilburg Law Review-Journal of International and Comparative Law","volume":"19 1","pages":"163-170"},"PeriodicalIF":1.7,"publicationDate":"2014-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22112596-01902016","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64565068","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: 23
Networking for Change: The development of the European Network on Statelessness and Perspectives on Developing Other Regional and Global Statelessness Coalitions 网络促进变革:欧洲无国籍网络的发展和对发展其他区域和全球无国籍联盟的看法
IF 1.7
Tilburg Law Review-Journal of International and Comparative Law Pub Date : 2014-01-01 DOI: 10.1163/22112596-01902021
C. Nash
{"title":"Networking for Change: The development of the European Network on Statelessness and Perspectives on Developing Other Regional and Global Statelessness Coalitions","authors":"C. Nash","doi":"10.1163/22112596-01902021","DOIUrl":"https://doi.org/10.1163/22112596-01902021","url":null,"abstract":"Until recently, there was no regional civil society alliance dedicated exclusively to addressing statelessness. This changed with the advent of the European Network on Statelessness (ENS), which has attracted fifty non-governmental organization (NGOs) members since its public launch in June 2012. Aside from vindicating the need for such a coordinating body in the region, the development of ENS also offers several useful perspectives on how networks can serve as effective generators for change and as forums to help overcome a historical lack of awareness of, or even indifference to, the plight of stateless persons. This article explores the importance of awareness-raising and the gains possible through finding diverse and multiple entry points to approach the issue. It reflects on these lessons and the challenges that remain, including their potential to help inform an emerging discussion around the need to develop an international coalition of actors dedicated to combatting statelessness. The article concludes that only through working together will it be possible to make real progress towards achieving the recently articulated ambition by the United Nations High Commissioner for Refugees (UNHCR) to eradicate statelessness within a decade.","PeriodicalId":38415,"journal":{"name":"Tilburg Law Review-Journal of International and Comparative Law","volume":"19 1","pages":"212-222"},"PeriodicalIF":1.7,"publicationDate":"2014-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22112596-01902021","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64565234","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: 2
The Indignity of a False Citizenship: Self-Induced Statelessness in Puerto Rico 假公民身份的耻辱:波多黎各自我诱导的无国籍状态
IF 1.7
Tilburg Law Review-Journal of International and Comparative Law Pub Date : 2014-01-01 DOI: 10.1163/22112596-01902022
Katharine Nylund
{"title":"The Indignity of a False Citizenship: Self-Induced Statelessness in Puerto Rico","authors":"Katharine Nylund","doi":"10.1163/22112596-01902022","DOIUrl":"https://doi.org/10.1163/22112596-01902022","url":null,"abstract":"This article will explore the history and legacy of attempts to advocate for independence in Puerto Rico via the renunciation of United States (US) citizenship. The US acquired Puerto Rico over a century ago, and Puerto Ricans gained US citizenship in 1917, but the island remains an unincorporated territory. Various options, including independence and statehood, have been debated for decades. While voting records show that only a small percentage of the Puerto Rican population supports full independence from the United States, many pro-independence activists spurred debate by renouncing their US citizenship and claiming that they are citizens of Puerto Rico only. This raised questions as to whether they actually became stateless as a result. One of the most notable independence activists, the late Juan Mari Bras, caused confusion at the US State Department, which initially accepted his renunciation of US citizenship only to reverse its decision three years later. A discussion of the multifaceted meaning of ‘citizenship’ in the context of Puerto Rico illuminates the United States’ approach to the international right to a nationality.","PeriodicalId":38415,"journal":{"name":"Tilburg Law Review-Journal of International and Comparative Law","volume":"19 1","pages":"223-235"},"PeriodicalIF":1.7,"publicationDate":"2014-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22112596-01902022","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64565278","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
Moving Statelessness Forward on the International Agenda 在国际议程上推进无国籍问题
IF 1.7
Tilburg Law Review-Journal of International and Comparative Law Pub Date : 2014-01-01 DOI: 10.1163/22112596-01902019
T. Molnár
{"title":"Moving Statelessness Forward on the International Agenda","authors":"T. Molnár","doi":"10.1163/22112596-01902019","DOIUrl":"https://doi.org/10.1163/22112596-01902019","url":null,"abstract":"This paper aims at shedding more light on the recent re-emergence of the issue of statelessness on the international agenda, from a government perspective. I wish to outline what a government can do in order to address statelessness through foreign policy initiatives and to highlight the issue of protecting stateless persons in different international fora. Hungary is a good example for that, being party to all international conventions on the protection of the stateless and on the reduction and prevention of statelessness. This shows to the outside world Hungary’s strong commitment to protecting stateless people and preventing future cases of it as well as reducing their existing number. In 2007, Hungary also established a self-standing statelessness determination procedure. Since then, the government has put more emphasis on the promotion of the protection of stateless people and the reduction of statelessness in her international relations. This article gives some examples on implementing this policy goal and mainstreaming statelessness in international cooperation.","PeriodicalId":38415,"journal":{"name":"Tilburg Law Review-Journal of International and Comparative Law","volume":"19 1","pages":"194-202"},"PeriodicalIF":1.7,"publicationDate":"2014-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22112596-01902019","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64565172","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
Facilitated Naturalization of Stateless Persons 便利无国籍人士入籍
IF 1.7
Tilburg Law Review-Journal of International and Comparative Law Pub Date : 2014-01-01 DOI: 10.1163/22112596-01902020
Eva Mrekajová
{"title":"Facilitated Naturalization of Stateless Persons","authors":"Eva Mrekajová","doi":"10.1163/22112596-01902020","DOIUrl":"https://doi.org/10.1163/22112596-01902020","url":null,"abstract":"Naturalization of stateless persons falls under the broader problem of statelessness, which is recently drawing more and more attention. However, the issue of facilitated naturalization of stateless persons stays grossly overlooked. The present article tries to identify international and European standards and general recommendations related to facilitated access to citizenship for stateless persons. The article focuses in particular on assessment of material requirements (residence, language and other integration requirements, good character, economic resources requirements, loyalty to the State and security) and procedural aspects of naturalization (application, proceedings).","PeriodicalId":38415,"journal":{"name":"Tilburg Law Review-Journal of International and Comparative Law","volume":"19 1","pages":"203-211"},"PeriodicalIF":1.7,"publicationDate":"2014-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22112596-01902020","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64565181","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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