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This compilation, The Making and Ending of Federalism, includes the main topics addressed by recognized experts on federalism at the Conference of the International Association of Federal Studies (IACFS) held in Innsbruck, Austria, from 28-30 October 2021. It analyzes how federal and quasi-federal systems are created and if there are common patterns or certain conditions that promote the emergence or the demise of federal systems, including case studies from Brazil, Spain, and Italy.
Natural Rights, Legal Methods and System Principles
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The book comprises contemporary legal theory pertaining to Democratic States based on the Rule of Law from the perspective of general principles of law. It explains in detail, theoretically and based on the specific case law, the phenomenon of general principles of law – as a source of law and directly applicable legal norms. It is a work of legal theory, legal philosophy, and legal method, but it will also assist scholars and practitioners in the transitional justice field as it shows how this theory of general principles of law has assisted Latvia to move away from the socialist legal tradition.
This book provides a concise and analytical introduction to private international law in Hungary: international jurisdiction of courts, choice of law (applicable law) and the recognition and enforcement of foreign judicial decisions. It presents both Hungarian conflicts rules and their judicial practice and the application of EU conflicts rules by Hungarian courts.
This book is an academic continuation of the previous five volumes on judicial independence edited by Shimon Shetreet, with others: Jules Deschenes, Christopher Forsyth, Wayne McCormack, Hiram E. Chodosh and Eric Helland, all books were published by Brill Nijhoff:
Judicial Independence: The Contemporary Debate (1985), The Culture of Judicial Independence: Conceptual Foundations and Practical Challenges (2012), The Culture of Judicial Independence: Rule of Law and World Peace (2014), The Culture of Judicial Independence in a Globalised World (2016), Challenged Justice: In Pursuit of Judicial Independence (2021).
This volume offers studies by distinguished scholars and judges from different jurisdictions on numerous dimensions regarding the essential role of judicial independence in democracy. It includes analyses of basic constitutional principles and contemporary issues of judicial independence and judicial procces in many jurisdictions and analyses of international standarts of judicial independence and judicial ethics.
This series critically examines issues of legal doctrine and practice in Central and Eastern Europe, including studies on the harmonization of legal principles and rules; the legal impact of the intertwining of domestic economies, on the one hand, with regional economies and the processes of international trade and investment on the other. The series offers a forum for discussion of topical questions of public and private law from domestic, regional, and international perspectives. Comparative research that provides insights in legal developments that can be communicated to those interested in questions, not only of law, but also of politics, economics, and of society of countries in the region also finds a home in the series.

For information about a related title, visit the webpages of the Brill journal Review of Central and East European Law.

Abstract

In this article we wish to point out – using the metaphor of a marital crisis – some of the reasons behind the growing conflict between digital technologies and the law.

We identify various causes:

  1. a) Over the last years there has been a radical change in roles: once one looked at the law for solutions, now they are searched in digital technologies, seen as very efficient instruments of governance.
  2. b) Legal instruments are inadequate to cope with a phenomenon in constant evolution, and whose economic and socio-political weight is immense.
  3. c) Digital actors have become the most effective law makers, with rules not only prescriptive but directly executable.

Our conclusions are that:

  1. a) The digital has changed international relations. We see “digital empires” and “digital colonies”: the EU has gradually fallen in the latter category.
  2. b) The EU approach, expressed by thousands of normative provisions, is ineffective and will be counter-productive in respect of its objectives.
  3. c) It would be preferable to adopt a “general principles” model able to govern not only the present issues but also the changes expected in the next years.

In: European Journal of Comparative Law and Governance

Abstract

The Indonesian Government is attracting foreign investment in infrastructure to support equitable development by simplifying the bureaucratic process for business licensing through Online Single Submission (oss). However, from the oss introduction in 2018, it has not yet transformed Indonesia’s investment climate. This paper consists of a normative legal study which uses a statutory, conceptual, and comparative approach with Canada and New Zealand to identify the oss policy disharmony that negatively impacts the investment climate in the Indonesian infrastructure. The results showed a need to reconstruct systems and policies based on the Government Regulation of the Republic of Indonesia Number 24 of 2018 concerning Online Integrated Business Licensing Services and the Law of the Republic of Indonesia Number 11 of 2020 concerning Job Creation to accelerate and increase investment in the era of the fourth industrial revolution.

Open Access
In: European Journal of Comparative Law and Governance
The dynamic processes of ordering we are witnessing around the world blend the extra-national with the national, the public with the private, the political and economic with the social and cultural. Issues of effectiveness, procedural and substantial justice, costs, incentives, voice, and inequality in these processes are growing in importance. This series aims to grasp these phenomena channeling them into the legal debate.

The series publishes books, authored or edited, covering various aspects of private, public, criminal, transnational and global law. The broad ambition of the series underlines the editors' belief that in the legal world there is a growing need to expand our knowledge of legal orders (national or supranational, official and unofficial), of their historical roots and of their practical dimensions.
Published under the Transnational Publishers imprint. This series has been discontinued. The follow up series is the International Criminal Law Series.
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Abstract

When governments are structurally unable to provide social services, or when disaster strikes, relief organisations tend to step in. This is also the case in South and East Asia. Such organisations may be faith-based, leading to the emergence of what Asians colloquially call “rice Christians”: persons who (allegedly) convert to a religion in order to access services, or out of loyalty to the aid-supplying organisation. Such converts may continue to practice their traditional religions and beliefs. This raises the question whether rights to religion or belief are still available to “rice Christians” when governments, e.g., seek to redevelop a sacred site that formed part of their original belief system. The present article addresses that question, drawing upon the concept of multiple religious belonging (‘mrb’) and a 2017 decision of the African Court on Human and Peoples’ Rights in which the court accepted that individuals may adhere to multiple religions, especially where conversion happened within a missionary context and the now-claimed belief is Indigenous or traditional. It argues in favour of recognition of mrb within the context of freedom of religion, which would mean that also “rice Christians” can continue to rely on original belief systems to protect their practices and places.

In: Journal of Law, Religion and State