Article
Law
Seraina Gruenewald, Gerdie Knijp, Dirk Schoenmaker, Rens van Tilburg
Summary: This article discusses the role of financial regulators in the transition to a low-carbon economy. It argues that regulators should accelerate the transition through proper risk management and address climate and environmental risks within the financial system, while cooperating with other relevant entities.
JOURNAL OF FINANCIAL REGULATION
(2023)
Article
International Relations
Massimo Lando
Summary: In most international tribunals, only states can submit requests for advisory opinions. The advisory jurisdiction of the International Tribunal for the Law of the Sea is governed by its Rules of Procedure. The process of making advisory requests is political, and sponsoring states have three goals.
Article
Law
Panu Minkkinen
Summary: This article discusses the background and contributions of Cornelia Vismann, a German legal historian and legal theorist, and explores her relationship with French high theory, as well as her research in the field of media theory.
GERMAN LAW JOURNAL
(2023)
Article
International Relations
Walter Arevalo Ramirez, Andres Rousset Siri
Summary: This essay analyzes the contributions of different actors in ensuring compliance with the advisory jurisdiction of the Inter-American human rights system. It discusses the binding force and compliance with advisory opinions, and examines the impact of the Inter-American Court of Human Rights' holdings on states over the past forty years, as well as the role of various interstate actors in ensuring compliance.
Article
International Relations
Eran Sthoeger
Summary: Advisory opinions of the ICJ may not be binding, but they serve as guidance on states' rights and obligations under international law and can have practical ramifications.
Article
Psychology, Applied
Richard Rogers, Scott D. Bender, Sara E. Hartigan
Summary: Forensic practitioners have special responsibilities when evaluating over-stated pathology and simulated adjustment, as these determinations can override other clinical findings. This article highlights detection strategies for malingering and presents succinct assessment methods for feigning, applicable to administrative, civil, and criminal cases.
BEHAVIORAL SCIENCES & THE LAW
(2023)
Article
Law
Alessandra Cuppini
Summary: This article examines the role and narratives of victims in proceedings at the International Criminal Court (ICC) and highlights the issues arising from the construction of an ideal victim in these proceedings. It discusses how the emphasis on the ideal victim can hinder the recognition of victims' narratives and limit their participatory rights.
LEIDEN JOURNAL OF INTERNATIONAL LAW
(2023)
Article
Law
Ashrutha Rai
Summary: International law recognizes cultural heritage as both tangible and intangible. However, the protection of intangible cultural heritage in armed conflict is not well addressed in international humanitarian law. This article explores how the obligations of the 2003 Convention can be integrated with humanitarian law to better protect intangible cultural heritage during active hostilities.
LEIDEN JOURNAL OF INTERNATIONAL LAW
(2023)
Article
International Relations
Maria Antonia Tigre, Armando Rocha
Summary: The recent surge in requests for advisory opinions on climate change issues to international courts, such as the ICJ, ITLOS, and Inter-American Court of Human Rights, can be explained by the limited use of dispute settlement mechanisms under the UN Framework Convention on Climate Change and the Paris Agreement. It is still uncertain how these courts will respond to the questions posed, but requesting opinions from three courts simultaneously is a strategic move to clarify states' obligations regarding climate change.
Article
Family Studies
Kath Orr, Annette Dickinson, Elizabeth Smythe
Summary: This study explores the experiences of young people with professionals in the family court in New Zealand. The findings suggest that professionals who engage in extraordinary listening skills can build a space of trust and understanding, allowing young people to express their views and opinions in court proceedings.
FAMILY COURT REVIEW
(2023)
Article
Law
Sophia Ayada
Summary: This article analyzes the impact of a men's rights organization on gender equality issues in Europe through political lobbying and legal mobilization. By examining the archival materials of the organization, it explores the significance of European Union gender equality advocacy and mobilization for a UK-based organization initially consisting solely of men, as well as how anti-discrimination law has been strategically used to promote class equality and defend men's rights.
JOURNAL OF LAW AND SOCIETY
(2023)
Article
Family Studies
Fernanda S. Rossi, Amy G. Applegate, Claire Tomlinson, Amy Holtzworth-Munroe
Summary: Intimate partner violence (IPV) is a significant factor leading to separation and divorce. After separation, parents who use IPV may continue to interfere in the lives of parents who experience IPV, posing the risk of further abuse. Therefore, it is crucial to assess and consider IPV for separating/divorcing parents. Existing IPV screens in family court processes have limitations, but the Mediator's Assessment of Safety Issues and Concerns-Short (MASIC-S) addresses these limitations. By utilizing MASIC-S results, parenting arrangements can be created in the best interest of the child.
FAMILY COURT REVIEW
(2023)
Article
Law
Agata Daszko
Summary: This article envisions the future of international investment law and arbitration in the context of accelerating the shift towards renewable energy. It analyzes the importance of the Energy Charter Treaty in organizing the renewable energy market and explores potential future scenarios for the treaty. The article highlights pending cases, the resurgence of State contracts, and the shift to contract-based arbitration, while emphasizing the continued impact of the Energy Charter Treaty on international investment law and international energy governance.
JOURNAL OF INTERNATIONAL ECONOMIC LAW
(2023)
Article
International Relations
Hanna Eklund
Summary: This article examines the influence of colonial politics on legal categories in the Treaty of Rome, signed in 1957, and reveals how the treaty excluded individuals living in colonized territories from legal benefits and representation.
EUROPEAN JOURNAL OF INTERNATIONAL LAW
(2023)
Article
Law
Matthieu Perruchoud
Summary: This article analyzes the relationship between Swiss law and international sports, focusing on the concepts, rules and principles of Swiss law that apply in the sports field. It highlights the importance of understanding Swiss law for athletes, teams, and federations, and emphasizes the role of Swiss law in developing coherent strategies in sports dispute resolution.
INTERNATIONAL SPORTS LAW JOURNAL
(2023)
Article
Business, Finance
Jonathan Hardman, Alisdair MacPherson
Summary: This paper analyzes data on corporate insolvency in Scotland and presents significant findings that support the need for streamlined liquidation procedures for smaller companies and the introduction of an official receiver. The paper also identifies potential areas for further research.
INTERNATIONAL INSOLVENCY REVIEW
(2023)
Article
Law
Teron Rikhotso
Summary: This study proposes a new system in South African pension laws that allows employees to access a portion of their pension benefits while still actively employed for financial relief. While the system may have potential benefits for pension fund members, it may also introduce new challenges for stakeholders, particularly spouses in unrecorded customary marriages.
STATUTE LAW REVIEW
(2023)
Article
Law
Gosego Rockfall Lekgowe
Summary: This study evaluates the non-conviction-based asset confiscation and forfeiture regime in Botswana and highlights the shortcomings and recommendations for reform.
STATUTE LAW REVIEW
(2023)
Article
Law
David Wilde
Summary: This article investigates the emerging trend of crowdfunding litigation costs, highlighting the need for funds raised to be held in trust and explores the nature of such trust arrangements.
Article
Law
Aizhan Satayeva
Summary: The purpose of this study is to characterize the institute of disclosure of documents in civil proceedings using methods of comparative legal analysis of English contract law and the current legislation of the Republic of Kazakhstan. Strengthening document disclosure can improve procedural discipline, legal certainty, and legal culture, which may affect the effectiveness of the disclosure system in practice.
STATUTE LAW REVIEW
(2023)
