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41. The Impact of Common Law on the Volume of Legal Services: An International Study

Author:
Enzo Dia and Jacques Melitz
Publication Date:
11-2021
Content Type:
Working Paper
Institution:
Centre d'Etudes Prospectives et d'Informations Internationales (CEPII)
Abstract:
We show that the heavy use of legal services relative to output in the US is not a peculiarity of the country but applies to common law countries in general. It stems largely from better ability to contract and easier access to justice. Yet in close association, common law also opens significantly more room for rentseeking by lawyers than civil law. Thereby the costs could outweigh the benefits. Both real GDP per capita and openness emerge as further factors making room for lawyers.
Topic:
International Cooperation, International Law, Labor Issues, and Law
Political Geography:
Global Focus

42. Implementation of the Law on Operational Technical Agency and the Law on Interception of Communications

Author:
Bijana Karovska Andonovska
Publication Date:
03-2021
Content Type:
Commentary and Analysis
Institution:
Geneva Centre for Security Sector Governance (DCAF)
Abstract:
The analysis reflects the current state from the viewpoint of legal solutions, but also from the viewpoint of real problems seen in practice, which come in part as the result of inconsistent and insufficiently precise legal provisions. Thus, a special emphasis was put on the provisions that do not fully serve the reform priorities and the segments that do not correspond to international documents and the practice of European courts. The analysis offers alternative solutions and concrete recommendations to overcome the evident weaknesses in some of the existing legal provisions. This is especially true for several segments underlined in the text (provisions on interception of communications without the mediation of OTA; provisions on metadata; certain aspect in the interception of communications in the interest of security and defense; security of data; as well as the provisions on oversight and control over the interception of communications). The structure of the document is comprised of an introduction, approach to the reforms, analysis of the legal framework, opportunities and challenges, and conclusions.
Topic:
Security, Science and Technology, Communications, Law, and Reform
Political Geography:
Europe

43. Mass Migration as a Hybrid Threat? – A Legal Perspective

Author:
Sascha Dov Bachmann and Anthony Paphiti
Publication Date:
01-2021
Content Type:
Journal Article
Journal:
Polish Political Science Yearbook
Institution:
Polish Political Science Association (PPSA)
Abstract:
Migration as a weapon sounds like a policy statement by resurgent nationalistic parties (and governments) in the West. However, politics and the human cost aside, what if an adversary (both state and non-state actor) does exploit the current global crisis of mass migration due to globalization, war, and political unrest? This article will look at the ongoing mass migration to the European Union within the wider security context of the so-called hybrid threats and/or ‘grey zone’ tactics. It looks at the various legal categories of migration as how the law can be weaponized as so-called ‘lawfare’ to undermine the existing legal frameworks distinguishing between legal and illegal migration. The authors recognize the possibility that this article will be used as an argument by the political actors involved for their nationalistic and anti-migration politics and policies. Yet, we believe that the potential of abusing the current vacuum for political gains along ideological party lines makes it necessary to provide a wider legal-security focused perspective on mass migration.
Topic:
Security, Migration, Immigration, Law, Border Control, and Humanitarian Crisis
Political Geography:
Global Focus

44. Racial Formations in Africa and the Middle East: A Transregional Approach

Author:
Hisham Aïdi, Marc Lynch, Zachariah Mampilly, Diana S. Kim, Parisa Vaziri, Denis Regnier, Sean Jacobs, Wendell Marsh, Stephen J. King, Eric Hahonou, Paul A. Silverstein, Afifa Ltifi, Zeyad el Nabolsy, Bayan Abubakr, Yasmin Moll, Zachary Mondesire, Abdourahmane Seck, Amelie Le Renard, Sumayya Kassamali, Noori Lori, Nathaniel Mathews, Sabria Al-Thawr, Gokh Amin Alshaif, Deniz Duruiz, Yasmeen Abu-Laban, Efrat Yerday, Noah Salomon, and Ann McDougall
Publication Date:
09-2021
Content Type:
Research Paper
Institution:
Project on Middle East Political Science (POMEPS)
Abstract:
In February 2020, the editors of this volume organized a POMEPS workshop that explored the origins of the disciplinary divide between the study of Africa and the Middle East, examining issues that span both regions (i.e., cross-border conflict, Islamist politics, social movements and national identity, and Gulf interventionism.) In February 2021, we convened another workshop, sponsored by POMEPS and the newly-founded Program on African Social Research (PASR, pronounced Pasiri) centered on racial formations and racialization across the two regions. Both workshops centered around the need for a genuinely transregional scholarship, one which rejects artificial divisions between ostensibly autonomous regions while also taking seriously the distinctive historical trajectories and local configurations of power which define national and subregional specificities. The workshop brought together nearly two dozen scholars from across multiple disciplines to explore the historical and contemporary politics of racial formation across Africa and the Middle East.
Topic:
Islam, Race, War, Immigration, Law, Slavery, Judaism, Colonialism, Borders, Identity, and Amazigh
Political Geography:
Africa, Sudan, Turkey, Middle East, Asia, South Africa, Yemen, Palestine, North Africa, Egypt, Madagascar, Tunisia, Oman, and Gulf Nations

45. Public Policy: An Amorphous Concept in the Enforcement of Arbitral Awards

Author:
Akousa Serwaah Akoto
Publication Date:
03-2021
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
Public policy permeates the legal principles of a state and its ruling government. The justification of public policy is topical to the ethics and canons acknowledged by that state. These values are determined by the applicable political, social, economic, religious, and legal systems, which differ among states. As public policy usually best illuminates the broad area of government laws, regulations, provincial ordinances, and court decisions, the standards creating public policy alter as states develop. The motif of public policy is critical when the question of enforcement of arbitral awards suffice. There is no definite meaning of the term in the famous Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Arbitration Convention) to enforce foreign arbitral awards. Hence, this paper explores and traces some contemporary trends in defense of public policy as an exception to the enforcement of arbitral awards worldwide.
Topic:
Governance, Law, Regulation, and Public Policy
Political Geography:
Global Focus

46. Legal Positivism: AN Obstacle in the Process of Strengthening the Rule of Law in Bosnia and Herzegovina

Author:
Benjamin Nurkic
Publication Date:
03-2021
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
So far, a legal positivism issue in the process of strengthening the rule of law in Bosnia and Herzegovina was not recognized by the wider academic community. The expert report on rule of law issues in Bosnia and Herzegovina addresses, for the first time, legal positivism as a part of the process of strengthening the rule of law in Bosnia and Herzegovina. This paper is an attempt to gather, and in one place present all the advantages offered by the constitutional system of Bosnia and Herzegovina that were not used by its institutions due to the application and implementation of legal positivism. This paper demonstrates misguided reform policies whose sole purpose was the strengthening of the rule of law in Bosnia and Herzegovina but turned to be just superficial adjustments that were unsuccessful. The paper argues the necessity of legal education reform as the key element in the process of strengthening the rule of law. Legal education reform is possible through the reduction of legal positivism impact on future lawyers, and this will be accomplished by the change in the paradigm of legal understanding among future lawyers who will make important decisions on the rule of law in Bosnia and Herzegovina. Two strategic objectives must be met in terms of legal education reform for the strengthening of the rule of law: the development of a critical stance towards legal provisions in force and training in the use of international instruments during the decision-making process.
Topic:
Law, Reform, Constitution, Rule of Law, and Legal Aid
Political Geography:
Europe and Bosnia and Herzegovina

47. Refouling Rohingyas: The Supreme Court of India's Uneasy Engagement with International Law

Author:
Malcolm Katrak and Shardool Kulkarni
Publication Date:
06-2021
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
The complex relationship between international and municipal law has been the bone of significant scholarly contention. In the Indian context, despite a formal commitment to dualism, courts have effected an interpretive shift towards monism by espousing incorporation of international law. The case of Mohammad Salimullah v. Union of India, which involves the issue of deportation of Rohingya refugees from India, represents a challenge in this regard owing to the lack of clarity as to India’s obligations under the principle of non-refoulement. The paper uses the Supreme Court’s recent interim order in the said case as a case study to examine India’s engagement with international law. It argues that the order inadequately examines the role of international law in constitutional interpretation and has the unfortunate effect of ‘refouling’ Rohingyas by sending them back to a state where they face imminent persecution.
Topic:
Human Rights, International Law, Law, Minorities, Constitution, and Discrimination
Political Geography:
India and Asia

48. Execution of Imprisonment Sentenced by Judgment of the International Criminal Court

Author:
Dragana Cvorovic and Hrvoje Filipovic
Publication Date:
06-2021
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
One of the current issues of criminal law, in general, is the issue of execution of a criminal judgment sentenced by the international criminal court (ad hoc or permanent international criminal court). The issue is ongoing because international criminal courts do not have their institutions for the enforcement of criminal sanctions they impose, but are, in that regard, instructed to cooperate with states that express readiness to execute criminal sanctions - imprisonment sentences imposed by an international criminal court in their prison facilities. Among the numerous issues related to this issue, the paper analyzes only those related to the legal basis for standardization, conditions, and manner of execution of a prison sentence imposed by an international criminal court.
Topic:
Crime, International Cooperation, Law, Prisons/Penal Systems, and International Criminal Court (ICC)
Political Geography:
Global Focus

49. The Concept of Justice in Reference with Philosophies of Plato and Aristotle: A Critical Study

Author:
Sooraj Kumar Maurya
Publication Date:
09-2021
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
The concept of justice has been a constant issue since its conception. The Greeks also attempted to define justice. They have observed justice as goodness in deeds and so a virtue. In the Greek mind, fairness was an attribute of the spirit or soul, while injustice was a sin. Both Plato and Aristotle defined justice as kindness as well as a desire to follow the law. It alluded to the connection between rights and duties. In human interactions, justice was the pinnacle of excellence and the attitude that animates folks in the right fulfillment of their responsibilities. The development of harmony and peace in thinking and conduct was pre-eminently social. In the same way, Aristotle's and Plato's fairness are complementary; both philosophers seek to discover a concept of ability by which unity, harmony, virtue, and pleasure may be produced in a community. Despite this shared agreement, they are fundamentally different in many ways. In this paper, an attempt has been made by the author to discuss the similarities and dissimilarities in theories of justice propounded by Plato and Aristotle.
Topic:
Law, International Relations Theory, Philosophy, and Justice
Political Geography:
Global Focus

50. Anonymity and Openness in Gamete Donation: The Russian Policy on the Third-Party Reproduction

Author:
Rafal Lukasiewicz and Angelo Viglianisi Ferraro
Publication Date:
09-2021
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
The Russian Federation is one of the few jurisdictions where recipients and gamete donors have a wide scope of choice between anonymous, identifiable, and known donations. This paper examines how the Russian law regulates this sphere and how it is applied in practice basing on data collected in the largest reproductive cells bank in Russia. It demonstrates that the Russian Federation should be regarded as a country in which there is no single dominant approach to the matter of donor anonymity. The assessment of this ‘freedom of choice’ is not unambiguous. It gives recipients and donors the right to decide which option is the most suitable for their needs and motivations, simultaneously not resolving which values take precedence over others. The donor-conceived persons’ right to disclose donor’s identifying data sometimes may conflict with the donor’s right to protect their privacy and usually, jurisdictions decide which one has the priority.
Topic:
Law, Transparency, Reproductive Rights, and Donors
Political Geography:
Russia and Europe