This research identifies a model for the interpretation of a contract under Dutch law. The model answers the question of which method should be applied to interpret a contract in the contest of a... Show moreThis research identifies a model for the interpretation of a contract under Dutch law. The model answers the question of which method should be applied to interpret a contract in the contest of a specific case, considering existing legislation, case law and legal doctrine. The model indicates which method of interpretation (e.g., the objective-oriented method of interpretation) is applicable, based on a case specific selection and assessment of sources of interpretation (such as ‘the linguistic meaning of the wording’, ‘the pre-contractual phase’ or ‘trade usages’) by using contextual factors (e.g., ‘the nature of the contract’, ‘the nature and knowledge/experiences of the parties to the contract’ and ‘the manner of the formation of the contract’). A suitable method of interpretation can be identified and applied by selecting and balancing sources of interpretation in light of contextual factors. The model provides guidance on contract interpretation to parties engaged in a dispute about the meaning of the contract, and persons who need to solve such a dispute, such as judges and arbitrators. The law of evidence will also be considered. The model, as identified under Dutch law (see Chapters 2 to 5) will be evaluated and both foreign legal systems (English and French law) and transnational principles (the PECL, the DCFR and the PICC; see Chapters 6 to 8) will be considered. Show less
The right to free movement and the mobility of people as guaranteed by the Schengen Agreement have given rise to challenges regarding transnational organised crime and particularly migrant... Show moreThe right to free movement and the mobility of people as guaranteed by the Schengen Agreement have given rise to challenges regarding transnational organised crime and particularly migrant smuggling and human trafficking. Against the backdrop of processes of globalization and securitization of irregular immigration, the adoption of the United Nations Convention against Transnational Organised Crime in 2000 established a strict dichotomy between migrant smuggling and human trafficking. The distinction has led to different protective frameworks provided to (worthy) victims of human trafficking versus (undeserving) objects of migrant smuggling. This research addresses this legal dichotomy and unpacks the blurred boundaries between the two phenomena. Taking Belgium, a country of transit, as a case study, the work focuses on the sensitive topic of unauthorised ‘secondary migration movements’ taking place within the Schengen Area. Relying notably on semi-structured expert interviews, this socio-legal research empirically examines the functioning of the Belgian legal approach to deal with aggravated forms of migrant smuggling which allows victims to access the protective legal status usually strictly reserved to human trafficking victims. The research shows how this unique protective approach affects the governance of transit migration in Belgium, and more generally, unveils the real-life consequences of rigid legal categories. Show less
Legal professionals spend up to a third of their time doing research. During this research legal information retrieval (IR) helps users find information that is relevant for them. These legal IR... Show moreLegal professionals spend up to a third of their time doing research. During this research legal information retrieval (IR) helps users find information that is relevant for them. These legal IR systems are important because the number of legal documents published online is growing exponentially.This research addresses the question: how can bibliometrics improve common ranking algorithms in legal information retrieval?Chapter 2 focuses on the users of legal IR systems. Users were surveyed to determine whether legal practitioners (searching for themselves) and information professionals (searching for others) have the same perception of relevance. This was done by comparing the factors of relevance they consider then evaluating search results. We found no reason to distinguish between these user groups. With regards to the distinction between legal scholars and legal practitioners, it was determined in Chapter 3 that the usage and citations between scholarly and non-scholarly publications show no reason to create separate rankings users based on their affiliation.Chapter 3 regards the documents in the legal IR system. The citation and usage analysis provided the theoretical insight that citations in legal documents measure part of a broad scope of impact, or relevance, on the entire legal field. Using this information a bibliometric-enhanced ranking variable was created.There are several challenges to evaluating a live domain specific IR system. Chapter 4 deals with these challenges and why common evaluation methods in IR are not applicable. In the end, in Chapter 5, a cost based model is used for evaluation, which shows a reduction of cost for the user.Combining all this information this thesis shows that a bibliometric-enhanced ranking feature that takes into account both usage and citations (two flavors of impact relevance), and increases in influence as the reliability of the data grows (in combination with a recency feature that gives new documents the benefit of the doubt and decreases at the same rate as the bibliometric feature increases), can reduce the cost required from legal professionals (whether practitioner, scholar or legal information professional) to find the point of satisfaction in the completeness ideal/research reality trade-off. Show less
This book explores the effects of war and displacement on the South Sudanese Zande, a people frozen in time by the classical anthropology of Edgar Evans-Pritchard. The research started in Western... Show moreThis book explores the effects of war and displacement on the South Sudanese Zande, a people frozen in time by the classical anthropology of Edgar Evans-Pritchard. The research started in Western Equatoria State, South Sudan, at a time of hopeful reconstruction (2014-2015). Yet after war resumed in 2015, nearly a million South Sudanese refugees fled to neighbouring Uganda – and so the study continues with South Sudanese Zande refugees there (2015-2019). Based on hundreds of inter views with refugees and stayees, chiefs and elder s, government officials and former combatants, and ordinary people, this book places conflict, confusion, and the search for continuity at the heart of the historical ethnography of the South Sudanese Zande. The book focuses on the ties between people, between people and land, and the competing efforts to control those ties. These three foci relate to proto-legal questions that underpin human society: Who are we? To whom and where do we belong? And whose authority do we accept? This study shows that these foundational questions gain new salience in times of crisis, as people turn to nostalgia and utopia to escape present despair. Show less
Defaming the Freedom of Religion or Belief: A Historical and Conceptual Analysis of the United Nations analyses the development of and the controversy around the formulation and interpretation of... Show moreDefaming the Freedom of Religion or Belief: A Historical and Conceptual Analysis of the United Nations analyses the development of and the controversy around the formulation and interpretation of the freedom of religion or belief as a universal right within the United Nations. The legal, philosophical, and political dimensions of the subject are discussed.This study demonstrates that the universality, content, and non-discriminatory implementation of the freedom of religion or belief has been questioned since its drafting process, not only on a theoretical level by postmodern views, but also, throughout the years, from a legal and political perspective within the UN. From various angles, these actors seem to ‘defame’ the freedom of religion or belief—hence the title of this study—and have succeeded in changing the provision by interpreting it differently than its original 1948 objectives. These developments have continued and will most likely continue to lead to a diminishment of the normative force of the legal provisions regarding the freedom of religion or belief. Various topics, such as religious tolerance, blasphemy, defamation of religion, and apostasy, are discussed in this context. Show less
The Open Society and Its Animals is an interdisciplinary study centred on the political and legal position of animals in liberal democracies. With due concern for both animals and the... Show moreThe Open Society and Its Animals is an interdisciplinary study centred on the political and legal position of animals in liberal democracies. With due concern for both animals and the sustainability of liberal democracies, The Open Society and Its Animals seeks to redefine animals’ political-legal position in the most successful political model of our time: the liberal democracy.The dual focus on both animals and the open society is reflected in the book’s main research question: Should the fundamental structures of liberal democracies reflect the fact that many non-human animals are individuals with interests, and is this possible without undermining or destabilizing their institutions? The first, normative, stage of the investigation asks whether the fact that many animals have interests should have consequences for the fundamental structures of liberal democracies, and if so, what criteria the new political-legal position of animals should meet (‘enfranchisement criteria’). The second stage of the investigation involves an inquiry into the current political-legal position of non-human animals in liberal democracies, the extent to which this position meets the just mentioned enfranchisement criteria, and how this position could possibly be improved. Show less
The concepts, policies, laws and practices regarding community-based forest management have changed over time. However, their objective is constant, namely to fight forest destruction and poverty... Show moreThe concepts, policies, laws and practices regarding community-based forest management have changed over time. However, their objective is constant, namely to fight forest destruction and poverty and to resolve conflicts regarding forest tenure. Securing community forest tenure is a way for achieving this objective. Forest tenure security, however, requires more than legalisation of community property rights by state law. It results from an interplay between state and/or community normative systems, actual practices and actors’ perceptions. Legalisation of rights by state institutions is only one facet of security, more specifically legal security of forest tenure that will be determined by the rights’ robustness, proper duration and strong legal protection. The security of community forest tenure will be also achieved through the ability of social norms to secure the rights of ordinary people. In addition, the consistent enforcement of the rules or norms by the officials or local authorities is necessary and the behaviour of these officials and local authorities must be in line with the interests and perception of the majority of community members. Last but not least, efforts of securing communities’ rights must take into consideration the specific history of land tenure and conflicts. Show less
Constitutionalism is the permanent quest to control state power, of which the judicial review of legislation is a prime example. Although the judicial review of legislation is increasingly common... Show moreConstitutionalism is the permanent quest to control state power, of which the judicial review of legislation is a prime example. Although the judicial review of legislation is increasingly common in modern societies, it is not a finished project. This device still raises questions as to whether judicial review is justified, and how it may be structured. Yet, judicial review’s justification and its scope are seldom addressed in the same study, thereby making for an inconvenient divorce of these two related avenues of study. To narrow the divide, the object of this work is quite straightforward. Namely, is the idea of judicial review defensible, and what influences its design and scope? This work addresses these matters by comparing the judicial review of legislation in the United Kingdom (the Human Rights Act of 1998), the Netherlands (the Halsema Proposal of 2002) and the Constitution of South Africa of 1996. Show less
