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In: Brill Research Perspectives in Comparative Discrimination Law
Author:

Abstract

Consumers are increasingly interested in buying locally produced food but often cannot recognise it on the market. As the European Union has not introduced a local food labelling scheme, the study examines how selected countries defined and labelled local food and whether the implemented brands are suitable for fulfilling their functions of identifying, promoting and guaranteeing local products, avoiding misleading consumers. The question of to what extent geographical indications can be used as a tool to identify locally produced food is also considered. The analysis shows that there is a variety of local or regional, public and private brands that are the result of bottom-up initiatives and local self-governance, but their proliferation, differences in legal nature and the meaning of the messages conveyed adversely affect their function. Therefore, a harmonised labelling should be introduced at the UE level, otherwise at a national level, as a ready-made tool for promoting and distinguishing local products on the market, ensuring a uniform understanding of the label for all participants in the food chain, preventing fraud and unfair competition, and giving consumers confidence in its message.

In: European Journal of Comparative Law and Governance
Author:

This paper discusses a decision of the Hungarian Constitutional Court issued in December 2016, in which the judges refer to the country’s constitutional identity to justify the government’s refusal to apply the eu’s refugee relocation scheme in Hungary. The paper concludes that this abuse of constitutional identity for merely nationalistic political purposes discredits every genuine and legitimate reference to national constitutional identity claims, and strengthens calls for an end to constitutional pluralism in the eu altogether.

In: Review of Central and East European Law

Abstract

An éminence grise of human rights – the principle of accountability – has been continuously advancing its normative presence in international law and rights discourses in the last couple of decades. Its transformative promises, on the other side, are hindered by the conceptual dubiety rooted, inter alia, in the non-translatability of the concept to many world languages. The current article attempts to examine how universal aspirations about the principle are appropriated in local contexts of the Central Asian region. In the outset, the research scrutinizes theoretical perplexities around the term and argues for the (obscured) role of law in these discussions. Then, drawing on doctrinal and empirical research in Central Asia, it converses the ways accountability is translated, engaged, and valued as the idea. Findings reveal the heterogeneity of approaches to accountability, and the reiterative relations between the word and the concept, informed by the region’s historical past, political regimes, one’s language and education. The article exposes often omitted pitfalls of the existing multilingual setting of international law and its institutions, which undermine the communicative value of local languages in the region.

Open Access
In: Review of Central and East European Law

Abstract

The access to public documents is currently perceived as a human right among democratic nations worldwide. While Sweden has a long background of transparency in the core of the government, in Brazil the regulations concerning this matter are very recent. This article compares Swedish and Brazilian law regarding the right to information and its restrictions, particularly when in conflict with privacy and data protection. As a result of the utilization of objective criteria, the Brazilian regulation is considered better, mainly because it has a broader scope and provides for more promotional measures than the Swedish regulation. However, when analyzing the quality of the implementation of the regulations, it is suggested that in both jurisdictions there is still room for improvements in order to have a better balance between openness and secrecy.

Open Access
In: Global Journal of Comparative Law

The aim of this article is to examine the application of the United Nations Sustainable Development Goals (sdgs) on biological diversity in Nigeria, emphasizing the preconditions for implementation and the barriers and difficulties for their realization.

Given Nigeria’s faltering attempts and failure to achieve the biodiversity goals in the Millennium Development Goals (mdgs), a predecessor to the sdgs, this article builds a profile of the salient law and institutional barriers to the implementation and attainment of the sdgs on biodiversity in Nigeria and proffers practical and normative solutions to those challenges. The methodology approach is based in an analytical and survey of the scope and status of the implementation of international law norms on biodiversity in Nigeria. The results indicate that archaic legislative provision on biodiversity; lack of coherent post-2015 biodiversity agenda; lack of institutional coordination; absence of political will; and inadequate stakeholder engagement in evolving national biodiversity plans are the main legal barriers that must be addressed if the sdgs are to be attained in Nigeria.

In: Global Journal of Comparative Law

The subject of this paper is the special legal regime for administrative contracts under the recently enacted Serbian Law on General Administrative Procedure of 2016. We offer a comprehensive analysis of the new statutory rules, and examine their relationship to the general rules and principles of Serbian contract law. In addition, we identify the main shortcomings of the new regime, especially in the context of the lack of any statutory, scholarly and judicial typology of administrative contracts in Serbia. Furthermore, we highlight the lack of references to the notions of public interest, public purpose or public needs in the statutory definition of administrative contracts. This is cause for concern, since only the need to protect the public interest could justify the new statutory provisions, which significantly improve the contractual position of a public body as a contracting party in relation to the position of a private entity as the other party in administrative contracts. There is as yet no case law pertaining to administrative contracts in Serbia. This is why we turn to practical experience in the Croatian legal system, which is sufficiently similar and historically connected to Serbia via a shared Yugoslav heritage. We also consider German and French legal models, since they traditionally serve as comparative points of reference for Serbian legal scholars, judges and law makers.

Full Access
In: Review of Central and East European Law

Abstract

The UN Convention on the Law of the Sea sets forth an unprecedented regime for marine environmental protection that compels parties to cooperate and includes mandatory dispute settlement procedures with binding decisions. Although the Convention does not contain a specific article stipulating a general duty to cooperate, cooperation permeates the logic of the document. The International Tribunal for the Law of the Sea (ITLOS) has recognised the importance of cooperation to marine protection and preservation in several cases. It could be suggested that the States Parties have a positive obligation to cooperate and a need to implement a range of actions to this end. ITLOS has consistently interpreted the duty to cooperate as comprising specific obligations: to consult, to exchange information, to monitor and assess relevant activities, to develop measures to prevent pollution or other environmental harm; which offers both the basis for the implementation of the duty to cooperate and the criteria for determining compliance.

In: The Korean Journal of International and Comparative Law

Two of the key priorities of the Arab world in the coming years are to develop and deploy clean technologies (cleantech) needed to combat the adverse effects of climate change in the region; and to diversify domestic economies to become low carbon economies with greater prospects for green jobs. However, despite broad political discussions of these policy goals, several countries in the Middle East and North African (mena) region continue to lag in terms of the level and adequacy of entrepreneurial cleantech start-up activities. For mena countries to bridge current gaps in entrepreneurial cleantech capital, entrepreneurship education and training is critical.

This article investigates the ethical and contextual basis of cleantech entrepreneurship in the mena region. Focusing on clean technology businesses, given their national and global economic and environmental role in future low-carbon societies and economies, the article then investigates the principal causes of the limited development of cleantech entrepreneurship in the mena region. The Qatari example offers original insights on clean technology joint ventures, startups, and projects. The results indicate the need for mena countries to mainstream and integrate entrepreneurial education and training into national action plans and policies on low carbon development, in order to promote local capacity and awareness on cleantech entrepreneurship.

In: Global Journal of Comparative Law

Abstract

This volume in the Brill Research Perspectives in Comparative Discrimination Law addresses religion, the State and discrimination. The long history of state-religion interaction has yielded four main interface models: the religious state; the state with an established religion; the antireligious state; and the secular state. African states have drawn from these four models when struggling to manage state-religion relations. This volume argues that the African countries studied here, Kenya, Nigeria and Uganda, apply the concept of state-secularism without having their triple heritage, which encompasses African religion, Islam and Christianity, in contemplation. This volume proposes that the best way to realise the full flowering of the triple heritage is to erect the three pillars of Charles Taylor’s definition of state-secularism, which in this case should entail i) the freedom to have and to manifest religious beliefs, ii) equal treatment of religion, and iii) and efforts toward an all-inclusive state identity.

In: Brill Research Perspectives in Comparative Discrimination Law