Laws | December 2018 - Browse Articles

17 pages, 228 KiB

Open AccessArticle

Pressure on Judges: How the Budgeting System Can Impact on Judge’s Autonomy

by Federica Viapiana

Laws 2018, 7(4), 38; https://doi.org/10.3390/laws7040038 - 19 Dec 2018

Cited by 7 | Viewed by 4518

Performance-based budgeting is a label that groups different budgeting models, developed in the New Public Management era, that link the funding to the performance of agencies. If European justice systems have been unresponsive to apply managerial techniques to courts, this is particularly true [...] Read more.

Performance-based budgeting is a label that groups different budgeting models, developed in the New Public Management era, that link the funding to the performance of agencies. If European justice systems have been unresponsive to apply managerial techniques to courts, this is particularly true for modern budgeting techniques. Courts’ budgets have been, and still are in many cases, drafted only on historical costs, and, although important for the court functioning, it has been one of the most neglected subjects in court administration studies. In recent years, some countries have been developing new approaches to justice systems and court budgeting, using a “performance-based” budget perspective, which relates the courts’ budget to the efficiency results, setting specific performance targets. Although fundamental to ensure transparency, accountability, and proper resource allocation among courts, these approaches have an impact on judicial independence and autonomy, because they may put pressure on judges’ productivity and efficiency, to the detriment of quality. Building on two case studies, Finland and The Netherlands, this paper aims to analyze how, and to what extent, the “performance-based” budgeting system is influencing the functioning of courts and the autonomy of judges. Full article

(This article belongs to the Special Issue Where Are the Legal Professions Heading? Selected Papers of the International Working Group for Comparative Studies of Legal Professions)

14 pages, 812 KiB

Open AccessArticle

Seemingly Connected, Obviously Separate: The Parallel Realities of the UN Global Compact and the Multilateral Regimes in Water Governance

by Gor Samvel

Laws 2018, 7(4), 37; https://doi.org/10.3390/laws7040037 - 5 Nov 2018

Cited by 1 | Viewed by 5734

Abstract

The UN Global Compact, being an institutional innovation in global governance, invites businesses to voluntarily commit to a selection of principles, rooted in multilateral regimes. Such commitment is expected to improve business practices and by that to close gaps in global governance. This [...] Read more.

The UN Global Compact, being an institutional innovation in global governance, invites businesses to voluntarily commit to a selection of principles, rooted in multilateral regimes. Such commitment is expected to improve business practices and by that to close gaps in global governance. This spawns an expectation that through UN Global Compact business and multilateral treaty regimes will engage in mutually fertilizing and potentially coherent interaction to overcome the shortfalls of global governance. The current paper looks into this alleged interaction in the field of water stewardship and access to water. It explores first, the conceptual interdependence of the UN Global Compact and multilateral regimes in the respective fields and second, the ways in which the business practices reported under the UN Global Compact contribute to the advancement of the rules and principles thereof. The paper finds that the traditional multilateral systems and the innovative governance platform share an identical conceptual narrative but exist as separate realities on operational level. From the latter perspective the UN Global Compact might risk deepening governance gaps rather than close them. Full article

(This article belongs to the Special Issue Business, Human Rights and Sustainable Development)

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12 pages, 210 KiB

Open AccessArticle

Due Diligence Obligations and Transboundary Environmental Harm: Cybersecurity Applications

by Akiko Takano

Laws 2018, 7(4), 36; https://doi.org/10.3390/laws7040036 - 31 Oct 2018

Cited by 2 | Viewed by 9762

Abstract

This paper analyzes the due diligence obligations with regard to transboundary harm in international water law and their application to cybersecurity by clarifying the definition of due diligence in light of the procedural duties in recent International Court of Justice (ICJ) cases. The [...] Read more.

This paper analyzes the due diligence obligations with regard to transboundary harm in international water law and their application to cybersecurity by clarifying the definition of due diligence in light of the procedural duties in recent International Court of Justice (ICJ) cases. The paper explores whether states have responsibilities to prevent transboundary harm caused by nonstate actors. The existing literature on due diligence obligations in international water law and cybersecurity was reviewed, along with ICJ cases relating to procedural duties (international co-operation, environmental impact assessments, and information sharing). The findings confirm that, although procedural duties may be less onerous in cyberspace than in the environment, such duties indeed exist, albeit to a lesser degree. The differences may be accounted for by the fact that customary law related to the environment is already well developed. This study clarifies the concept of due diligence by focusing on procedural duties and examining the definition of due diligence in cyber operations. Due diligence obligations are crucial for states seeking to prevent transboundary harm and are an evolving principle of international law. Full article

17 pages, 555 KiB

Open AccessEditor’s ChoiceReview

The Secret Silent Spaces of Workplace Violence: Focus on Bullying (and Harassment)

by Allison J Ballard and Patricia Easteal

Laws 2018, 7(4), 35; https://doi.org/10.3390/laws7040035 - 29 Oct 2018

Cited by 4 | Viewed by 11793

Abstract

Any form of workplace abuse, be it bullying, sexual or non-sexual harassment, or other forms of workplace violence, represents a significant problem for both workers and organisations. The reality that worker complaints of such abuse are often silenced, frequently for long periods of [...] Read more.

Any form of workplace abuse, be it bullying, sexual or non-sexual harassment, or other forms of workplace violence, represents a significant problem for both workers and organisations. The reality that worker complaints of such abuse are often silenced, frequently for long periods of time, has recently been spotlighted by the #MeToo movement. In this article we focus particularly on workplace bullying (some definitions include harassment). We explore how potential, and actual, complaints of such abuse may silenced—both before complaints are ever made, and also at different points along the complaint or dispute resolution process. We investigate how definitional and naming issues, worker ignorance and incapacity, workplace investigations, (alternative) dispute resolution and the legal pathways available to targets of workplace bullying and harassment may act to silence complaints. We also provide some practical suggestions for the targets of workplace abuse. Full article

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11 pages, 893 KiB

Open AccessComment

A Counterfactual Impact Analysis of Fair Use Policy on Copyright Related Industries in Singapore: A Critical Review

by George S. Ford

Laws 2018, 7(4), 34; https://doi.org/10.3390/laws7040034 - 5 Oct 2018

Cited by 1 | Viewed by 3513

Abstract

In a 2014 article appearing in Laws, Ghafele and Gibert presented evidence on the economic impacts of Singapore’s change in its fair use policies showing a large effect on industries that manufacture goods useful for private copying of copyrighted works and no [...] Read more.

In a 2014 article appearing in Laws, Ghafele and Gibert presented evidence on the economic impacts of Singapore’s change in its fair use policies showing a large effect on industries that manufacture goods useful for private copying of copyrighted works and no effect on the copyright industries. As detailed in this Comment, Ghafele and Gibert’s empirical analysis fails to shed light on the consequences of modifications to fair use policies. Full article

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15 pages, 244 KiB

Open AccessArticle

Who’s Talking About Us Without Us? A Survivor Research Interjection into an Academic Psychiatry Debate on Compulsory Community Treatment Orders in Ireland

by Liz Brosnan

Laws 2018, 7(4), 33; https://doi.org/10.3390/laws7040033 - 25 Sep 2018

Cited by 2 | Viewed by 5243

Abstract

This paper presents a user/survivor researcher perspective to the debate among psychiatrists on the suggested introduction of Community Treatment Orders in Ireland. Critical questions are raised about evidence and the construction of psychiatric knowledge. Important questions include: How is this evidence created? What [...] Read more.

This paper presents a user/survivor researcher perspective to the debate among psychiatrists on the suggested introduction of Community Treatment Orders in Ireland. Critical questions are raised about evidence and the construction of psychiatric knowledge. Important questions include: How is this evidence created? What and whose knowledge have not been considered? Some critical issues around coercion, ‘insight’, and attributions of ‘lack of capacity’ are briefly considered. Further legal considerations are then introduced based on the United Nations Convention on the Rights of Persons with Disability. The paper concludes with a human rights-based appeal to reject the introduction of coercive community treatment in Ireland. Full article

(This article belongs to the Special Issue Concerns, Contradictions and Reality of Mental Health Law)

16 pages, 245 KiB

Open AccessEditor’s ChoiceArticle

Are Immigrant Women Visible in Australian Domestic Violence Reports that Potentially Influence Policy?

by Nafiseh Ghafournia and Patricia Easteal

Laws 2018, 7(4), 32; https://doi.org/10.3390/laws7040032 - 21 Sep 2018

Cited by 18 | Viewed by 14928

Abstract

Through an intersectional lens, this article explores whether immigrant women are represented in a sample of Australian government documents aimed at providing information about family violence in Australia, and discusses implications for policy development. The authors find that while these documents pay lip [...] Read more.

Through an intersectional lens, this article explores whether immigrant women are represented in a sample of Australian government documents aimed at providing information about family violence in Australia, and discusses implications for policy development. The authors find that while these documents pay lip service to the special vulnerabilities of immigrant and refugee women; arguably, they do not engage with the complexities of the intersection of gender and other social categories. Given that the reports do not focus adequately on how race, ethnicity, culture and immigration status play a role in these women’s experiences of domestic violence, this may limit the effect of policies that address the culturally and linguistically diverse (CALD) victims’ needs and rights to protection. We argue that a more intersectional approach is necessary to address CALD women’s specific needs. Full article

(This article belongs to the Section Law and Gender Issues)

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Laws, Volume 7, Issue 4 (December 2018) – 7 articles

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