3 resultados para Self-determination

em Digital Peer Publishing


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Militias and vigilantes that assume public authority by fighting crime reject the laws of the state, yet they have no other set of rules to regulate their activities. Many of them claim to be accountable to their ethnic or religious community on whose behalf they operate. But their communities have found no means to institutionalise control over them. Moreover, there are no institutions to settle conflicts between different militias and vigilantes. On a local level, rival groups have reached informal arrangements. However, these compromises are unstable, as they reflect fragile alliances and shifting balances of power. Leaders of militias and other 'self-determination groups' have suggested organising a conference of all ethnic nationalities in Nigeria in order to design a new constitution that would give militias and vigilantes a legal role and define their authority. But the groups compared in this article – Oodua People's Congress, Sharia Vigilantes, Bakassi Boys, MASSOB, and Niger Delta militias – pursue very divergent interests, and they are far from reaching a consensus on how to contain violence between them.

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In light of the recent European Court of Justice ruling (ECJ C-131/12, Google Spain v Spanish Data Protection Agency),the “right to be forgotten” has once again gained worldwide media attention. Already in 2012, whenthe European Commission proposed aright to be forgotten,this proposal received broad public interest and was debated intensively. Under certain conditions, individuals should thereby be able todelete personal data concerning them. More recently – in light of the European Parliament’s approval of the LIBE Committee’samendments onMarch 14, 2014 – the concept seems tobe close to its final form.Although it remains, for the most part,unchanged from the previously circulated drafts, it has beenre-labelled as a“right of erasure”. This article argues that, despite its catchy terminology, the right to be forgotten can be understood as a generic term, bringing together existing legal provisions: the substantial right of oblivion and the rather procedural right to erasure derived from data protection. Hereinafter, the article presents an analysis of selected national legal frameworks and corresponding case law, accounting for data protection, privacy, and general tort law as well as defamation law. This comparative analysis grasps the practical challenges which the attempt to strengthen individual control and informational self-determination faces. Consequently, it is argued that narrowing the focus on the data protection law amendments neglects the elaborate balancing of conflicting interests in European legal tradition. It is shown thatthe attemptto implement oblivion, erasure and forgetting in the digital age is a complex undertaking.