This Insight examines the stance the EU should adopt towards the Russian invasion of Ukraine on the basis of the political thought of Immanuel Kant, Thomas Hobbes, and Niccolò Machiavelli. Taking... Show moreThis Insight examines the stance the EU should adopt towards the Russian invasion of Ukraine on the basis of the political thought of Immanuel Kant, Thomas Hobbes, and Niccolò Machiavelli. Taking as its starting point Josep Borrell’s comment that “we are too much Kantians and not enough Hobbesians” at the 2022 EU Ambassadors’ Conference, this Insight offers a revisionist interpretation of both Kant and Hobbes while suggesting Machiavelli as a third possible inspiration for EU external action. Although he is often portrayed as a proto-“realist” intent on increasing state power, Hobbes in reality favours stability above all else and would therefore presumably not support a more “aggressive” foreign policy. Kant, on the other hand, has traditionally been seen as more of a philosophical idealist, but his political philosophy in fact supports a more assertive conduct by states in their external relations. Both of these philosophers are thus quite different from how Borrell portrays them. The Insight also introduces the perspective of a third thinker, Machiavelli, whose philosophy suggests that the EU should adopt a pragmatic diplomatic strategy, forging alliances, supplying Ukraine with weapons, and maintaining strong ties with allies. Show less
In this article, we examine how religious minorities in the densely populated Netherlands manage burial norms in the face of scarcity of land. Using legal pluralism, we explore how local and... Show moreIn this article, we examine how religious minorities in the densely populated Netherlands manage burial norms in the face of scarcity of land. Using legal pluralism, we explore how local and national authorities; funeral agents; and three religious minority communities deal with the spatial and temporal dimensions of death and burial, both inside and outside the Dutch conurbation The Randstad, in a context where the Dutch tradition of consociationalism lingers on. Based on fieldwork and legal analysis, our findings show that religious burial norms have peripheral existence, both within Dutch law where they are treated as exceptions, and geographically, as religious cemeteries still remain situated outside The Randstad. Furthermore, tensions can emerge not only between communities, but also within them, as exemplified by challenges faced by non-believers. In a context of migration, Dutch cemeteries become spaces where multiple normative orders concerning emotion, (non)belief, religion, society and the state intersect. This turns the space for the dead into a place where some members of minority groups can find the rest they are longing for, while others cannot. Show less
A constitutional deferral is an approach utilised by constitutional drafters so that the drafters do not regulate things in detail in the constitution. This approach is believed to provide more... Show moreA constitutional deferral is an approach utilised by constitutional drafters so that the drafters do not regulate things in detail in the constitution. This approach is believed to provide more opportunity for the constitutional framers to achieve consensus in drafting a constitution. In the end, this helps a constitution last longer. Constitutional deferral also offers some flexibility for the legislative and the judiciary in interpreting the text of the constitution in the future, which may accommodate the original intentions of the constitutional drafters. This paper argues the opposite. In Indonesia, adopting constitutional deferral causes an uncertain future of freedom of association. This paper aims to address two central questions. First, why did the framers of the first constitution adopt constitutional deferral in drafting provisions on freedom of association? Second, what are the consequences of implementing constitutional deferral toward freedom of association in Indonesia? Through historical and doctrinal approaches, the paper concludes (1) that the sharp ideological differences among constitutional drafters when drafting provisions on freedom of association forced them to employ constitutional deferral. (2) The use of constitutional deferral opens more possibilities for inconsistent interpretation by the executive, the lawmakers, and the judiciary when they establish law or adjudicated cases related to freedom of association. Through constitutional deferral, these three branches of government limit freedom of association instead of protecting such freedom. Show less
Children with intellectual disabilities have consistently occupied a marginalisedposition within the digital landscape. While they might reap benefits from usingdigital products and services, they... Show moreChildren with intellectual disabilities have consistently occupied a marginalisedposition within the digital landscape. While they might reap benefits from usingdigital products and services, they are also particularly vulnerable to online risks dueto cognitive deficiencies and lower critical literacy skills. As a result, children withintellectual impairments frequently encounter various predicaments, encompassingonline sexual solicitation, exposure to inaccurate information and manipulativebehavioural designs, as well as various privacy and data protection concerns.Regarding these challenges, utilising data protection by design under Article 25(1)GDPR can play a pivotal role in dismantling certain barriers. This approach allowsdigital service providers to take children’s evolving capacities into account andimplement technical and organisational measures appropriate for their age anddevelopmental stage. The aim of this article is to explore what challenges childrenwith intellectual disabilities might confront in the digital environment and examinehow data protection by design can help prevent or mitigate these challenges.Specifically, the article proposes a series of potential measures as the following: (1)presenting information transparently and in a manner accessible to children withintellectual disabilities; (2) crafting an inclusive user interface that enables thesechildren to actively and autonomously engage with the digital environment; (3)integrating interactive assistive tools, such as AI bots, to offer guidance and support;and (4) introducing parental control mechanisms that allow parents to provideassistance in alignment with their children's needs and preferences. Show less
Bijdrage aan een themanummer van het tijdschrift Mediaforum over het voorstel voor een European Media Freedom Act. Het artikel is afgerond nadat het Europees Parlement zijn eindversie had... Show moreBijdrage aan een themanummer van het tijdschrift Mediaforum over het voorstel voor een European Media Freedom Act. Het artikel is afgerond nadat het Europees Parlement zijn eindversie had vastgesteld en vlak voordat de ‘triloog’-onderhandelingen zouden beginnen. In dit artikel gaat het om de bescherming van mediabedrijven tegen zeer grote online platforms, zoals YouTube en Instagram. Show less
As the risks associated with the use of stablecoins grow, BI intends to issue Indonesian CBDCs. However, as a financial system innovation, the design of a CBDC must also consider the consequences... Show moreAs the risks associated with the use of stablecoins grow, BI intends to issue Indonesian CBDCs. However, as a financial system innovation, the design of a CBDC must also consider the consequences and risks that may arise from its implementation. In this regard, BI believes that the primary foundation for CBDC implementation should be a strong legal foundation. This normative paper discusses the legal concerns that could arise throughout CBDC implementation in Indonesia. However, because Indonesia's legal framework for cyber privacy and security is still in its infancy, this paper also investigates the privacy and cyber security risks of CBDC implementation. According to the research findings, Indonesia's regulatory framework is still far from being capable of accommodating CBDC implementation. The legality of this CBDC is primarily determined by whether it is a currency or merely a payment instrument. Furthermore, there are privacy and cybersecurity risks that are not mitigated by the current regulatory framework. Despite the passing of the umbrella regulation for Indonesian personal data protection, some aspects of privacy must be taken into account by enacting provisions that protect retail CBDC users. In terms of cybersecurity, there is an urgent need to enact a comprehensive Cybersecurity Law, given the existing cybersecurity provisions still lack adequate protection for CBDC. Show less
The Internet is a global forum largely governed by private actors driven by profit concerns, often disregarding the human rights of historically marginalised communities. Increased attention is... Show moreThe Internet is a global forum largely governed by private actors driven by profit concerns, often disregarding the human rights of historically marginalised communities. Increased attention is being paid to the corporate human rights due diligence (HRDD) responsibilities applicable to online platforms countering illegal online content, such as hate speech. At the European Union (EU) level, cross-sector initiatives regulate the rights of marginalised groups and establish HRDD responsibilities for online platforms to expeditiously identify, prevent, mitigate, remedy and remove online hate speech. These initiatives include the Digital Services Act, the Audiovisual Media Services Directive, the proposed Directive on Corporate Sustainability Due Diligence, the proposed Artificial Intelligence Act and the Code of conduct on countering illegal hate speech online. Nevertheless, the HRDD framework applicable to online hate speech has focused mostly on the platforms’ responsibilities throughout the course of their operations - guidance regarding HRDD requirements concerning the regulation of hate speech in the platforms’ Terms of Service (ToS) is missing. This paper employs a conceptualisation of criminal hate speech as explained in the Council of Europe Committee of Ministers’ Recommendation CM/Rec(2022)16, Paragraph 11, to develop specific HRDD responsibilities. We argue that online platforms should, as part of emerging preventive HRDD responsibilities within Europe, respect the rights of historically oppressed communities by aligning their ToS with the conceptualisation of criminal hate speech in European human rights standards. Show less
Farmworker movements have often been at the forefront of efforts to use the law to achieve social justice. While past generations of farmworker movements in the United States won gains by... Show moreFarmworker movements have often been at the forefront of efforts to use the law to achieve social justice. While past generations of farmworker movements in the United States won gains by innovatively using state law and economic tactics to improve their working conditions, farmworkers today face a shifting landscape of law and governance stemming from the development of global value chains. This Article analyzes how contemporary farmworker movements are exploiting both “legal opportunities” and what we term “governance opportunities”— strategic openings for action arising from the contingent industry structures and private governance of global value chains. We analyze two cases of recent farmworker mobilization: Coalition of Immokalee Workers (CIW) in Florida and Familias Unidas por la Justicia (FUJ) in Washington State. By comparing the strategic decisionmaking and processes through which these movements ultimately found success, we show how legal and governance opportunities are interdependent and interactive. Our analysis suggests that the governance opportunities that social movements pursue are highly dependent on the contingent legal contexts in which they operate. Legal opportunities provide important symbolic and constitutive effects for farmworker movements, but as we show, governance opportunities can provide movements with greater leverage and allow them to expand beyond the limited legal protections provided to farm labor. Examining the tactics of farmworker movements—workers that face multiple forms of marginalization— therefore offers significant insights into the strategic opportunities for social change amidst the changing relationship between public and private governance. Show less
