Suchergebnisse

Aughie and Nia welcome Hillary Miller in the first of three episodes exploring the legal aspects of copyright and trademark law. In this episode, the three focus on copyright law as applied by the courts. ; https://scholarscompass.vcu.edu/civil_discourse/1046/thumbnail.jpg

The advancement of international law presupposes that the objections are met. The 'realist' objection claims that sovereign states deciding matters cast over the precept that 'might is right'. This title shows the invention of two techniques in positive law: state contracts and transnational arbitration without privity, Any talk of the advancement of international law presupposes that two objections are met. The first is the 'realist' objection which, observing the state of international relations today, claims that when it comes down to the important things in international life-war and peace, and more generally power politics among states-no real advancement has been made: international society remains a society of sovereign states deciding matters with regard solely to their own best interests and with international law all too often being no more than a thin cloak cast over the precept that 'might is right'. Against this excessive scepticism stands excessive optimism: international law is supposedly making giant strides forward thanks especially to the tremendous mass of soft law generated by international organisations over the past sixty years and more. By incautiously mixing all manner of customs, treaties, resolutions and recommendations, a picture of international law is painted that has little to do with the 'real world'. The essays collected in this book are arranged into three sections. The first purports to show from the specific example of international investment law that the past half-century has seen the invention of two genuinely new techniques in positive law: state contracts and transnational arbitration without privity. This is 'advancement' in international law not because the techniques are 'good' in themselves (one may well think them 'bad') but because they have introduced legal possibilities into international law that did not exist heretofore. The second section examines the theoretical consequences of those new legal techniques and especially the way they affect the theory of the state. The third widens the field of view and asks whether European law has surpassed international law in a move towards federalism or whether it represents a step forward for international law. These reflections make for a clearer theoretical understanding of what constitutes true advancement in international law. Such an understanding should give pause both to those who argue that hardly any progress has been made, and to those who are overly fanciful about progress

It is argued that including civil society at the negotiation table can increase the perceived legitimacy of peace treaties. As a result, it can contribute to the consolidation of peace. In this paper, the author presents the findings from a controlled experiment in order to test the impact of inclusive peace negotiations on the perceived legitimacy of peace treaties. Contrary to the expectations of the scholars working on the inclusiveness and the consolidation of peace hypothesis, the results show that the treatment group in the experiment does not perceive inclusive peace agreements to be more legitimate.

In this article, we critically discuss the democratic legitimacy of deliberative experiments taking place in a transnational setting. We argue that while deliberative polls through scientific design may enhance equal participation and informed opinion making of selected citizens, their representative status as part of a broader constituency and as a generator of democratic legitimacy is less clear-cut. To illustrate our argument, we analyse the results and organisation of Europolis, a transnational deliberative experiment. This is an ideal case for analysing the linkage between scientific validity of deliberative experiments and democratic legitimacy because it introduces variation in terms of constituency and group plurality. By critically scrutinising this deliberative event, we provide a first take on specifying scope conditions for deliberation, with direct reference to the lessons from the experiment, reflection on methodological problems and, finally, an attempt to discern ways to move from deliberation to will formation in the EU setting. Adapted from the source document.

Executive Summary This study analyses the Data Retention Directive Judgement of the Court of Justice of the European Union of 8 April 2014 and evaluates its impact on other data retention measures at Member States as well as at EU level.