Utrecht Law Review最新文献_第9页

An intuitive approach to hard cases 一种直观的解决难题的方法

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Utrecht Law Review Pub Date : 2020-05-26 DOI: 10.36633/ulr.505

Tomasz Zygmunt

引用次数: 3

Divided but harmonious? The interpretations and applications of article 31(3)(c) of the vienna convention on the law of treaties 分裂但和谐？维也纳条约法公约第31条第3款（c）项的解释和适用

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Utrecht Law Review Pub Date : 2020-05-26 DOI: 10.36633/ulr.528

Ivo Tarik de Vries-Zou

引用次数: 0

The use of non-domestic legal sources in Supreme Court of Canada judgments: Is this the judicial slowbalization of the court? 加拿大最高法院判决中使用非国内法律来源：这是法院的司法缓慢吗？

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Utrecht Law Review Pub Date : 2020-05-26 DOI: 10.36633/ulr.584

Klodian Rado

{"title":"The use of non-domestic legal sources in Supreme Court of Canada judgments: Is this the judicial slowbalization of the court?","authors":"Klodian Rado","doi":"10.36633/ulr.584","DOIUrl":"https://doi.org/10.36633/ulr.584","url":null,"abstract":"Observed from the perspective of citation of foreign judgments, the Supreme Court of Canada (SCC) is often considered one of the world’s most cosmopolitan and proactive actors in transnational judicial conversation. However, there are also other forms of non-domestic legal sources that Courts engage with, such as: foreign law, international case law, and international treaties. Hence, the ‘globalist’ or ‘localist’ approach of a court cannot be assessed without looking from this broader perspective. By examining all the 1223 judgments issued by the SCC over 17 years (2000–2016), this study offers a comprehensive picture of citations of all forms of non-domestic legal sources. Remarkably, the empirical data show that the Court has extensively engaged with all forms of non-domestic legal sources, and cites such foreign authorities in approximately 50 different fields of law. This article is distinct in that it combines two different perspectives when analyzing the data: the SCC as an institution and its individual judges. From an institutional perspective, such all-inclusive records demonstrate that foreign citation is decreasing, a trend which may jeopardize the high prestige of the SCC in the global arena. Similar trend is noticeable when the data is analyzed also from an individual-judge perspective. In providing an empirical picture of individual judges’ engagement with non-domestic legal sources, this Article attempts to categorize the 21 justices that have served in the SCC during the 17-year timeframe into three groups: ‘high globalist judges’, ‘moderate globalist judges’, and ‘localist judges’. The article ends with few remarks regarding whether this is a judicial slowbalization of the Court.","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":"16 1","pages":"57-85"},"PeriodicalIF":0.6,"publicationDate":"2020-05-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41462453","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

Experimental legal methods in the classroom 课堂上的法律实验方法

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Utrecht Law Review Pub Date : 2020-05-26 DOI: 10.36633/ULR.557

A. Dyevre, M. Ovádek

引用次数: 2

Clear skies or turbulence ahead? The international civil aviation organization’s obligation to mitigate climate change 前方晴空还是乱流?国际民航组织减缓气候变化的义务

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Utrecht Law Review Pub Date : 2020-05-26 DOI: 10.36633/ulr.551

Baine P. Kerr

{"title":"Clear skies or turbulence ahead? The international civil aviation organization’s obligation to mitigate climate change","authors":"Baine P. Kerr","doi":"10.36633/ulr.551","DOIUrl":"https://doi.org/10.36633/ulr.551","url":null,"abstract":"The International Civil Aviation Organization (ICAO) set a cap for international aviation’s greenhouse gas (GHG) emissions at its 2020 level and established a market-based mechanism to help achieve that cap. Against that backdrop, this article identifies ICAO’s legal obligation to mitigate climate change by examining the international climate change treaties, ICAO’s constituent treaty, the Chicago Convention, and ICAO’s organizational practice. It finds that because ICAO is not a party to the climate change treaties and has a high degree of institutional autonomy, those treaties do not directly impose an obligation on ICAO. Although the Chicago Convention does not expressly mention the environment or climate change, ICAO’s member states interpreted the Convention and enlarged ICAO’s mandate under it to include the reduction or limitation of GHG emissions from international aviation so as to prevent dangerous climate change. This article finds that pursuant to Jan Klabbers’ recently developed theory of role responsibility, ICAO arguably has an obligation to carry out this important mandate, and its failure to do so, or failure to do so effectively, could constitute an internationally wrongful omission.","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2020-05-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47623507","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: 4

The Legal Profession in the Age of Digitalisation 数字化时代的法律职业

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Utrecht Law Review Pub Date : 2019-12-13 DOI: 10.36633/ULR.454

Werner Schäfke-Zell, I. Asmussen

{"title":"The Legal Profession in the Age of Digitalisation","authors":"Werner Schäfke-Zell, I. Asmussen","doi":"10.36633/ULR.454","DOIUrl":"https://doi.org/10.36633/ULR.454","url":null,"abstract":"There is consensus within the legal profession that it needs to adapt to the on-going digitalisation of the legal market and the changing means of production of the legal commodity. This adaptation will also necessitate a transformation of legal education to assimilate the changes that the legal profession will undergo. The question is, however, how might the legal profession adapt to its digitalisation? In this article, we will describe three possible pathways that the legal profession might follow. These are based on synchronous sociological models of the dynamics of the legal profession and the legal market as well as diachronous sociological descriptions of the history of the legal profession over the past century. In order to concretise these hypotheses, we will focus on the legal profession in three similar countries between which there is some level of comparability: Denmark, Germany and the Netherlands. The three hypothetical pathways are understood to be non-mutually exclusive. We will then answer our core question: how must legal education be transformed to take into consideration the digitalisation of the legal profession? To answer this question, we will describe three possible transformations in legal education that would consider the pathways that the legal profession might pursue to adapt to the digitalisation of its market and the production of its commodity.","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":"15 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2019-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43758786","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

Unhealthy, (Un)Lawful? A Multidimensional Study of Legal but Potentially Lethal Products and Services 不健康，（不）合法？法律但可能致命的产品和服务的多维研究

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Utrecht Law Review Pub Date : 2019-12-13 DOI: 10.36633/ulr.537

A. Keirse, J. Emaus

引用次数: 0

The Role of Belgian and Dutch Tort Law in the Legal Battle Against Damage as a Result of Smoking Behaviour 比利时和荷兰侵权法在反对吸烟行为造成损害的法律斗争中的作用

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Utrecht Law Review Pub Date : 2019-12-13 DOI: 10.36633/ulr.542

I. Samoy, Christopher Borucki, A. Keirse

引用次数: 1

When Healthcare Goes up in Tobacco Smoke: A Selective Healthcare System from a (European) Human Rights Perspective 当医疗保健在烟草烟雾中上升:从(欧洲)人权角度看的选择性医疗保健系统

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Utrecht Law Review Pub Date : 2019-12-13 DOI: 10.36633/ulr.539

Christopher Borucki

{"title":"When Healthcare Goes up in Tobacco Smoke: A Selective Healthcare\u0000 System from a (European) Human Rights Perspective","authors":"Christopher Borucki","doi":"10.36633/ulr.539","DOIUrl":"https://doi.org/10.36633/ulr.539","url":null,"abstract":"This contribution sets out to answer the question to what extent fundamental rights may act as a constraint for states to employ lifestyle differentiation, particularly between smokers and non-smokers, regarding the access to their healthcare systems. In human rights treaties a tension is palpable between the obligations of states, which represent the general interest, and the rights of smokers, who attempt to hold on to their individual freedom. On the one hand, states have to guarantee the health of their citizens. On the other hand, they are unable to mandatorily enforce health standards as smokers do not have to tolerate unbridled state interference in their private lives. However, this right to self-determination is not absolute. If the smoker persists in using tobacco products, states are granted a broader margin of appreciation in their socio-economic obligations, which in itself is already wide, out of respect for that individual choice beyond their control. As a result it is possible that a state differentiates between lifestyles and imposes mandatory conditions for the right to healthcare, which require smokers to alter their behaviour, even though the right to healthcare should be guaranteed to all without discrimination. For example the Belgian state explicitly settles the tension between the individual and the general interest by viewing the solidarity of the social security system as a double-edged sword. Every individual, including smokers, has to contribute to the realisation of equitable rights for all. With rights, come responsibilities. As always, however, state interference has to be proportional to the desired, legitimate goal.","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2019-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47282177","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

The Regulation of Trans Fats in Food Products in the US and the EU 美国和欧盟对食品中反式脂肪的规定

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Utrecht Law Review Pub Date : 2019-12-13 DOI: 10.36633/ulr.465

S. Bloks

引用次数: 3