Treat the root causes of the asylum crisis, not the symptoms. CEPS commentary, 11 September 2015 Friday, 11 September 2015

In the wake of the long-awaited State of the Union address delivered by Jean-Claude Juncker on September 9th, Sergio Carrera and Karel Lannoo express deep disappointment with the EU’s response, both in scope and in ambition. In their view, two key challenges lie behind the current asylum crisis. First, existing EU rules do not fit the purpose and the second challenge relates to the systemic failure of states like Greece, Hungary and Italy to adhere to the democratic rule of law principles and fundamental rights.

Awkward partner once again? Repercussions for Europe of Poland’s elections. EPIN Commentary No. 27, 3 November 2015

A clear majority of Poles voted to end eight years of Civic Platform (PO) government on October 25th when they brought the national-conservative Law and Justice Party (PiS) back to power. This outcome might be difficult to understand for Poland’s West European partners and may also confuse some EU officials who have observed developments in Poland since it joined the EU in 2004. The implications of these elections for relations with Germany and France, and for Poland’s own EU policy, are a source of concern. Do the results herald a return to the country Poland was during its early years as EU member? In this EPIN commentary the author attempts to throw light on the reasons behind the return to power of Law and Justice Party and considers the wider implications for the EU and European cohesion.

Is there a way out of the Polish pickle? EPIN Commentary No. 31/22 January 2016

Poland is making headline news again. This time, however, not in a role of Central European Wunderkind surfing the economic crisis, but for reasons to be less proud of. Ever since the Prawo and Sprawiedliwość (PiS, a member of European Conservatives and Reformists group in the European Parliament) government took power after the elections in November, Poland has experienced political turmoil and is now facing accusations that the rule of law is in danger. This constitutes a major challenge for the European Union and for its other member states, which are looking for ways to deal with a recalcitrant state that makes a rapid U-turn on democratic fundamentals and takes any criticism hysterically. This is not the first time that the organisation has had to deal with such a case, yet solutions have not yet been found. Hungary is a case in point. And now Polish leaders too seem convinced about the virtues of the concept of illiberal democracy. Which prescription should the EU use to buck the trend and what are the potential side-effects?

Nord Stream II - yes or no? - Political decision of a political Commission. EPC Commentary, 14 June 2016

When the new European Commission started work in autumn 2014, the president of the Commission took great pride in calling it a ‘political Commission’, which will be big on big things and small on small. Whilst the EU is currently dealing with many crises, reality is that things do not come much bigger than Nord Stream II. Will this be a political Commission that stands by its principles, including respect for liberty, democracy, the rule of law and human rights? Will this Commission have the backbone to politically assess a project that threatens EU unity and its core values, undermines the Union’s commonly agreed commitment to building an Energy Union and facilitates Russia’s aggression against Ukraine? President Juncker’s controversial visit to Russia and meeting with President Putin on 16-17 June is a test-case: will this Commission be ready to defend its commitments and principles when discussing ‘economic issues’?

The power of language and the language of power in M. T. Anderson’s Feed and Gary Stheyngart’s Super Sad True Love Story. A comparative analysis

The aim of my dissertation is to analyze how selected elements of language are addressed in two contemporary dystopias, Feed by M. T. Anderson (2002) and Super Sad True Love Story by Gary Shteyngart (2010). I chose these two novels because language plays a key role in both of them: both are primarily focused on the pervasiveness of technology, and on how the use/abuse of technology affects language in all its forms. In particular, I examine four key aspects of language: books, literacy, diary writing, as well as oral language. In order to analyze how the aforementioned elements of language are dealt with in Feed and Super Sad True Love Story, I consider how the same aspects of language are presented in a sample of classical dystopias selected as benchmarks: We by Yevgeny Zamyatin (1921), Brave New World by Aldous Huxley (1932), Animal Farm (1945) and Nineteen Eighty-Four (1949) by George Orwell, Fahrenheit 451 by Ray Bradbury (1952), and The Handmaid's Tale by Margaret Atwood (1986). In this way, I look at how language, books, literacy, and diaries are dealt with in Anderson’s Feed and in Shteyngart’s Super Sad True Love Story, both in comparison with the classical dystopias as well as with one another. This allows for an analysis of the similarities, as well as the differences, between the two novels. The comparative analysis carried out also takes into account the fact that the two contemporary dystopias have different target audiences: one is for young adults (Feed), whereas the other is for adults (Super Sad True Love Story). Consequently, I also consider whether further differences related to target readers affect differences in how language is dealt with. Preliminary findings indicate that, despite their different target audiences, the linguistic elements considered are addressed in the two novels in similar ways.

Innovation and Development in the Age of Climate Change Adaptation: Open or Closed?

Change Adaptation: Open or Closed? Paper read at the Second African International Economic Law Network Conference, 7-8 March 2013, Wits School of Law, Johannesburg, South Africa. In a time of rapid convergence of technologies, goods, services, hardware, software, the traditional classifications that informed past treaties fail to remove legal uncertainty, or advance welfare and innovation. As a result, we turn our attention to the role and needs of the public domain at the interface of existing intellectual property rights and new modes of creation, production and distribution of goods and services. The concept of open culture would have it that knowledge should be spread freely and its growth should come from further developing existing works on the basis of sharing and collaboration without the shackles of intellectual property. Intellectual property clauses find their way into regional, multilateral, bilateral and free trade agreements more often than not, and can cause public discontent and incite unrest. Many of these intellectual property clauses raise the bar on protection beyond the clauses found in the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). In this paper we address the question of the protection and development of the public domain in service of open innovation in accord with Article 15 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) in light of the Objectives (Article 7) and Principles (Article 8) set forth in TRIPS. Once areas of divergence and reinforcement between the intellectual property regime and human rights have been discussed, we will enter into options that allow for innovation and prosperity in the global south. We then conclude by discussing possible policy developments.

Protecting user privacy in the Cloud: an analysis of terms of service

We present the results of a study that collected, compared and analyzed the terms and conditions of a number of cloud services vis-a-vis privacy and data protection. First, we assembled a list of factors that comprehensively capture cloud companies' treatment of user data with regard to privacy and data protection; then, we assessed how various cloud services of different types protect their users in the collection, retention, and use of their data, as well as in the disclosure to law enforcement authorities. This commentary provides comparative and aggregate analysis of the results.

The role of the G20 in WTO governance

Report by Professor Sungjoon Cho, Associate Professor of Law, Chicago-Kent College of Law (Chair), and Charlotte Sieber-Gasser, Doctoral Research Fellow, World Trade Institute, University of Bern, Session 27, WTO Public Forum 2010: The Forces Shapping World Trade, pp.29-33. In the course of the financial crisis, the global geography of power has shifted from G8 to G20. The latter, although representing roughly two thirds of global trade, consists of relatively a small number of global players and is consequently excluding many others from decision-making at the international stage. Nevertheless, the G20 has been successful in its reaction to the financial crisis and became therewith an important new player within the international community. When highlighting how the G20 might interfere with the WTO, the panel voiced concerns over the political legitimacy of the G20, given the limited number of members and the global impact of its decisions. It agreed on the impression that although the G20 intends to extend its debates from the financial sector to world economy in general, it has so far little achieved in this direction, particularly when it comes to moving the Doha agenda forward. It remains, thus, open how the G20 will evolve in the coming few years, and what mandates it will shed or adopt. So far, the G20 has complemented the WTO and international financial institutions in handling the financial crisis. Yet, even if there is little evidence pointing towards a less cooperative role in the future, the desirability of a G20 commitment in WTO trade negotiations has yet to be debated. The panel concluded by providing ideas on how the potential of the G20 might be used to serve global interests even better in the future. In their concluding remarks, the panellists agreed that it remains to be seen whether or not the G20 will further broaden its agenda. Given the ebbing away of the financial crisis there is even the question whether the G20 will remain an important international forum for financial collaboration, or whether it has already served its cause and will eventually disappear from the international stage. The Chair concluded the well attended and lively panel with voicing the hope that the two international bodies – the G20 and the WTO – will work in a positive way together in the future and face the challenges and opportunities in their collaboration to the benefit of everyone.

The Extensive (but Fragile) Authority of the WTO Appellate Body

The authority of an international court (IC) is not necessarily evolutionary and its development unidirectional. This article addresses the authority of the Appellate Body (AB) of the World Trade Organization (WTO) and shows how it rapidly and almost immediately became extensive, but has since exhibited signs of becoming more fragile. The article applies a typology of IC authority developed by Alter, Helfer and Madsen (2014) and explains the transformation from narrow authority (a dispute resolution venue under the GATT based on political negotiations) to extensive authority (a judicialized WTO dispute settlement system with a sophisticated case law) and presents empirical indicators of the rise of the AB’s authority. Such rapid development of extensive authority is arguably a unique case in international politics at the multilateral level. That authority nonetheless remains fragile, and shows signs that it could decline significantly for reasons we explain.

Handbook of resources for criminal justice evaluators.

August 1978.

The law reports (Ireland)

"Containing reports of cases argued and determined in the Court of Appeal, the High Court of Justice, and the Court of Bankruptcy in Ireland."

Municipal code of the city of Cleveland in force July 1st, 1921. Including all ordinances of a general nature, the charter of the city of Cleveland, and all amendments thereto.

"The work of preparing this volume was done by Rees H. Davis, of the Cleveland Bar, working under the direction of William B. Woods, director of law of the city, and with the assistance of L. E. Carter, director of the Bureau of municipal research, and J. C. Mansfield, assistant director of law."--Pref., p. [3]

Session cases. Cases decided in the Court of Session, and also in the Court of Justiciary and House of Lords.

Imprint varies.

The New Zealand law reports.

Vols. for 1933-1936 include "The Law journal supplement to the New Zealand law reports."

The Law reports.

Mode of access: Internet.