German Law Journal最新文献_第3页

The Media Pluralism Principle, The Financing of Public Broadcasters, and EU Law 媒体多元化原则、公共广播公司的融资和欧盟法律

German Law Journal Pub Date : 2024-02-06 DOI: 10.1017/glj.2023.100

Małgorzata Kozak

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The Media Pluralism Principle, The Financing of Public Broadcasters, and EU Law 媒体多元化原则、公共广播公司的融资和欧盟法律

German Law Journal Pub Date : 2024-02-06 DOI: 10.1017/glj.2023.100

Małgorzata Kozak

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Human trafficking and forced prostitution under article 4 of the European convention on human rights 欧洲人权公约》第 4 条下的人口贩运和强迫卖淫问题

German Law Journal Pub Date : 2024-01-29 DOI: 10.1017/glj.2023.98

Veljko Turanjanin, Jelena Stanisavljević

{"title":"Human trafficking and forced prostitution under article 4 of the European convention on human rights","authors":"Veljko Turanjanin, Jelena Stanisavljević","doi":"10.1017/glj.2023.98","DOIUrl":"https://doi.org/10.1017/glj.2023.98","url":null,"abstract":"\u0000 We discuss the issue of bringing human trafficking and forced prostitution within the purview of Article 4 of the European Convention on Human Rights. The judgment of the European Court of Human Rights in Rantsev v. Cyprus and Russia marked a turning point by classifying forced prostitution through human trafficking under Article 4. However, in the judgment in S.M. v. Croatia, the ECtHR further reinforced its view that human trafficking and forced prostitution constitute a violation of Article 4.\u0000 We explain human trafficking and forced prostitution both theoretically and through a number of international legal acts. We then explain Article 4 of the Convention and provide a comprehensive analysis of the material and procedural guarantees against human trafficking and forced prostitution. We also comment on the positive obligations that the ECtHR set for Member States. The authors believe that, despite numerous criticisms, the ECtHR’s position is correct and that both human trafficking and forced prostitution violate the principles of democratic society. Therefore, victims must enjoy the protection afforded by Article 4 of the Human Rights Convention and other conventions if their life situation falls within their scope.","PeriodicalId":503760,"journal":{"name":"German Law Journal","volume":"11 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140488974","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}

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When Law Is Silent: How to Compensate for the Harm to the Health or Property in the Absence of a Particular Harm-Doer? 当法律保持沉默时：在没有具体伤害者的情况下，如何补偿对健康或财产造成的伤害？

German Law Journal Pub Date : 2024-01-29 DOI: 10.1017/glj.2023.101

A. Ryzhenkov, A. Anisimov

{"title":"When Law Is Silent: How to Compensate for the Harm to the Health or Property in the Absence of a Particular Harm-Doer?","authors":"A. Ryzhenkov, A. Anisimov","doi":"10.1017/glj.2023.101","DOIUrl":"https://doi.org/10.1017/glj.2023.101","url":null,"abstract":"\u0000 Legal rules aimed at compensation for the harm caused by a particular state, individual, or legal entity (for example, oil pollution of the sea due to a tanker accident) are well studied and constantly used in scientific literature and international law practice. Meanwhile, every year, the number of cases of harm when the particular guilty party cannot be established grows; this is why it is almost impossible to compensate for the harm caused. Such cases include collisions of satellites causing space debris; the consequences of climate change for agriculture, forestry, and the health of citizens; and the pollution of the World Ocean with plastic debris, ballast water, and abandoned nets.\u0000 There are more such cases at the national level. After studying acts of international environmental law, national legislation, and several examples from judicial practice, we show that compensation for the harm caused to life, health, or property in the absence of a particular harm-doer is difficult or impossible to prove. This is why actions that can prevent subjectless environmental harm are taken at the national level in certain countries by developing measures to mitigate and adapt to climate change, licensing space activities, and taking preventive measures against the formation of plastic debris and its pollution of the seas, etc. This trend should be continued, and the experience gained by certain states should be used in developing new acts of international environmental law. This will ensure the next step towards preventing environmental harm where it is impossible to establish the doer’s name.","PeriodicalId":503760,"journal":{"name":"German Law Journal","volume":"3 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140490089","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}

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GLJ volume 24 issue 7 Cover and Front matter GLJ 第 24 卷第 7 期封面和封底

German Law Journal Pub Date : 2023-11-01 DOI: 10.1017/glj.2023.93

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Constitutionalization of Happiness: A Global and Comparative Inquiry 幸福的宪法化：全球比较研究

German Law Journal Pub Date : 2023-11-01 DOI: 10.1017/glj.2023.84

Trevor T. W. Wan

{"title":"Constitutionalization of Happiness: A Global and Comparative Inquiry","authors":"Trevor T. W. Wan","doi":"10.1017/glj.2023.84","DOIUrl":"https://doi.org/10.1017/glj.2023.84","url":null,"abstract":"Abstract Happiness and well-being are now explicitly enshrined in a myriad of national constitutions. As of 2022, the terms “happiness” and “well-being” form part of the constitutional lexicon of more than 20 and 110 states respectively. These “happiness provisions” epitomize the phenomenon of the “constitutionalization of happiness,” which denotes the process of elevating happiness to the constitutional echelon, thereby bearing discernible legal and political implications. An audit of all happiness provisions reveals that they boil down to three categories—happiness as a national objective, happiness as a policy paradigm, and the pursuit of happiness as a human right. The meaning and jurisprudential landscape of happiness provisions within a specific constitutional framework is molded by, on top of the semantic and structural configuration, a dynamic interplay among three factors, which include the indigenous and socio-cultural conception of happiness of that state, interpretations put forward by judges and other constitutional actors, and transnational influences such as the migration of constitutional ideas and jurisprudence. This article draws upon an extensive array of case studies, covering among others Bhutan, Bolivia, Ecuador, Japan, Korea, and Nigeria, to illustrate the breadth and diversity that enliven the universe of happiness provisions.","PeriodicalId":503760,"journal":{"name":"German Law Journal","volume":"232 1","pages":"1209 - 1236"},"PeriodicalIF":0.0,"publicationDate":"2023-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139296531","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