International & Comparative Law Quarterly最新文献_第4页

GROUP-BASED PROTECTION OF AFGHAN WOMEN AND GIRLS UNDER THE 1951 REFUGEE CONVENTION 根据1951年难民公约对阿富汗妇女和女孩的群体保护

IF 2 2区社会学

International & Comparative Law Quarterly Pub Date : 2023-07-01 DOI: 10.1017/S0020589323000283

N. Tan, Meltem Ineli-Ciger

引用次数: 0

THE RIGHT TO BE FORGOTTEN IN DATA PROTECTION LAW AND TWO WESTERN CULTURES OF PRIVACY 数据保护法中的被遗忘权与两种西方隐私文化

IF 2 2区社会学

International & Comparative Law Quarterly Pub Date : 2023-07-01 DOI: 10.1017/S0020589323000258

Uta Kohl

{"title":"THE RIGHT TO BE FORGOTTEN IN DATA PROTECTION LAW AND TWO WESTERN CULTURES OF PRIVACY","authors":"Uta Kohl","doi":"10.1017/S0020589323000258","DOIUrl":"https://doi.org/10.1017/S0020589323000258","url":null,"abstract":"Abstract Data protection law has emerged as an important bulwark against online privacy intrusions, and yet its status within privacy law remains awkward. Its starting point of protecting ‘personal’ rather than ‘private’ information puts it at odds with privacy more generally. Indeed, in its very design, data protection law caters for the protection of public personal information, or personal information which has attained a degree of publicness through disclosure. Building on James Whitman's comparative privacy study, this article argues that data protection law is not the odd bedfellow of privacy law properly so called but may be understood as a manifestation of the Continental European culture of privacy. Its distinctiveness does not lie in its apparent technicality but in its robust openness to privacy in public—an idea that is alien to the Anglo-American culture of privacy. Whilst these two cultures of privacy have long ‘met’ in different jurisdictions, this article locates their enduring influence and antagonism within three contemporary privacy regimes. By taking the right to be forgotten, as an archetypal privacy-in-public right, in the testing context of spent criminal convictions, the article gauges the comparative openness to such claims, first, of the Court of Justice of the European Union as the authoritative voice on General Data Protection Regulation normativity; secondly, of the US judiciary as committed to the First and Fourth Amendment; and, thirdly, of the European Court of Human Rights on Article 8 of the European Convention on Human Rights and its fused Anglo-American and Continental European privacy jurisprudence. It is the latter jurisprudence in particular that highlights the tensions arising from trying to marry the two privacy traditions, or merge data protection and ‘privacy’ law. Yet, these tensions also offer insights and opportunities.","PeriodicalId":47350,"journal":{"name":"International & Comparative Law Quarterly","volume":null,"pages":null},"PeriodicalIF":2.0,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45949594","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

INCLUSIVE SPACE LAW: THE CONCEPT OF BENEFIT SHARING IN THE OUTER SPACE TREATY 包容性空间法:外层空间条约中的利益分享概念

IF 2 2区社会学

International & Comparative Law Quarterly Pub Date : 2023-07-01 DOI: 10.1017/S0020589323000234

R. Deplano

引用次数: 1

THE INDEPENDENCE OF NATIONAL REGULATORY AUTHORITIES AND THE EUROPEAN UNION ENERGY TRANSITION 国家监管机构的独立性和欧盟能源转型

IF 2 2区社会学

International & Comparative Law Quarterly Pub Date : 2023-07-01 DOI: 10.1017/S0020589323000271

Laura Kaschny, S. Lavrijssen

引用次数: 0

THE INTERACTION OF TREATY AND CUSTOM IN THE CONCEPT OF OFFSHORE ARCHIPELAGOS 近海群岛概念中的条约与习俗互动

IF 2 2区社会学

International & Comparative Law Quarterly Pub Date : 2023-07-01 DOI: 10.1017/s0020589323000222

C. Redgwell, A. Tzanakopoulos

{"title":"THE INTERACTION OF TREATY AND CUSTOM IN THE CONCEPT OF OFFSHORE ARCHIPELAGOS","authors":"C. Redgwell, A. Tzanakopoulos","doi":"10.1017/s0020589323000222","DOIUrl":"https://doi.org/10.1017/s0020589323000222","url":null,"abstract":"Abstract The law of the sea has long been a rich source of examples of the interplay, and occasional entanglement, of treaty and custom. This article discusses whether claims to close off the waters of ‘offshore archipelagos' by non-archipelagic States are consistent with international law against the background of this perennial issue. Analysis of the 1982 Law of the Sea Convention (LOSC) demonstrates quite clearly that there is no basis for such claims. ‘Going beyond the LOSC’ the article examines whether the matter remains subject to customary international law; whether subsequent practice may have established the agreement of the parties that the relevant provisions of the LOSC are to be interpreted as allowing their invocation by non-archipelagic States with offshore archipelagos; and whether there is ‘supervening custom’ that may have emerged since the adoption of the LOSC and that permits such claims by non-archipelagic States. Identifying and critically assessing the current state of international law on these fundamental questions of the relationship between treaty and custom, it is concluded that there is no basis for arguing that non-archipelagic States are able to claim any sort of special status for ‘offshore archipelagos’.","PeriodicalId":47350,"journal":{"name":"International & Comparative Law Quarterly","volume":null,"pages":null},"PeriodicalIF":2.0,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44592883","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

ILQ volume 72 issue 3 Cover and Front matter ILQ第72卷第3期封面和封面

IF 2 2区社会学

International & Comparative Law Quarterly Pub Date : 2023-07-01 DOI: 10.1017/s0020589323000295

引用次数: 0

ILQ volume 72 issue 3 Cover and Back matter ILQ第72卷第3期封面和封底

IF 2 2区社会学

International & Comparative Law Quarterly Pub Date : 2023-07-01 DOI: 10.1017/s0020589323000301

引用次数: 0

SOLIDARITY IN EUROPEAN UNION LAW AND ITS APPLICATION IN THE ENERGY SECTOR 欧盟法律中的团结及其在能源领域的应用

IF 2 2区社会学

International & Comparative Law Quarterly Pub Date : 2023-06-29 DOI: 10.1017/S002058932300026X

K. Huhta, L. Reins

引用次数: 1

PREVENTING THE ANTI-CIRCUMVENTION INSTRUMENT FROM UNDERMINING DEVELOPMENT THROUGH INVESTMENT 防止反规避机制通过投资破坏发展

IF 2 2区社会学

International & Comparative Law Quarterly Pub Date : 2023-06-29 DOI: 10.1017/S0020589323000192

Victor Crochet, Weihuan Zhou

{"title":"PREVENTING THE ANTI-CIRCUMVENTION INSTRUMENT FROM UNDERMINING DEVELOPMENT THROUGH INVESTMENT","authors":"Victor Crochet, Weihuan Zhou","doi":"10.1017/S0020589323000192","DOIUrl":"https://doi.org/10.1017/S0020589323000192","url":null,"abstract":"Abstract Companies from emerging economies have started internationalizing their production operations; they are following the same path as American, European and East Asian corporations before them, setting up factories in third countries to serve their export markets from closer locations and produce more efficiently. Thus, it is no longer only developed countries’ multinationals which are moving their operations to developing countries, but emerging market companies that are increasingly engaging in production abroad. This is having beneficial effects in countries where these companies invest and might help them start their own industrialization process. This has attracted the ire of developed countries, which are now targeting these downstream production plants abroad by using the so-called anti-circumvention instrument, resulting in trade defence duties imposed on the parent companies being extended to their foreign subsidiaries. This application of the anti-circumvention instrument departs from its historic rationale and might hinder the development of countries in need of foreign investment. Therefore, affected governments should consider taking international legal action to bring developed countries to the negotiating table to put a halt to this abuse of the anti-circumvention instrument.","PeriodicalId":47350,"journal":{"name":"International & Comparative Law Quarterly","volume":null,"pages":null},"PeriodicalIF":2.0,"publicationDate":"2023-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48779846","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Effective Domestic Remedies and the European Court of Human Rights by Michael Reiertsen [Cambridge University Press, Cambridge, 2022, 364pp, ISBN: 978-1-0009-15354-6, £95 (h/bk)] Michael Reiertsen著《有效的国内补救措施与欧洲人权法院》[剑桥大学出版社，剑桥，2022，364页，ISBN:978-1-0009-15354-6，95英镑（h/bk）]

IF 2 2区社会学

International & Comparative Law Quarterly Pub Date : 2023-06-26 DOI: 10.1017/s0020589323000210

M. Amos

引用次数: 0