In April 2019, the UK Government’s DCMS released its White Paper for ‘Online Harms’, which would establish in law a new duty of care towards users by platforms to be overseen by an independent... Show moreIn April 2019, the UK Government’s DCMS released its White Paper for ‘Online Harms’, which would establish in law a new duty of care towards users by platforms to be overseen by an independent regulator. Our earlier research outlines how we got to this point, sets out what the White Paper proposes, and criticises its key aspects. Our objections and criticism remain applicable to the UK Government’s Online Safety Bill. The Parliament is now scrutinising the Bill. The House of Lords Report sparked some optimism that the scrutiny could address critical concerns around free speech in particular. The Draft Online Safety Bill Joint Committee Report, however, suggest otherwise. This paper returns to key arguments as to why risk-based regulation and duty of care are not appropriate for policing content and expression online. We focus on the human rights implications of the Bill, in particular, the provider duties to ‘handle’ legal but harmful content. Here, we reemphasise the vague conceptualisation and nature of this harm, as well as the inadequate duties attached to it. We argue that the independence of OFCOM cannot be guaranteed. Show less
“Dark patterns” is a generic term used by the design community and an increasing number of data protection academics to describe a variety of manipulative design techniques that compromise legal... Show more“Dark patterns” is a generic term used by the design community and an increasing number of data protection academics to describe a variety of manipulative design techniques that compromise legal requirements like consent and privacy-by-design and legal principles like fairness and transparency. To assess the regulation of dark patterns, two legal frameworks of the European Union are compared and critiqued: first, an examination of relevant rules and principles of the General Data Protection Regulation (GDPR) leads to the conclusion that the principle of data-protection-by-design could be useful, but the lack of clarity about what constitutes fairness undermines the GDPR’s ability to regulate dark patterns. Second, an examination of the ‘fairness’ principle in the EU’s consumer protection acquis reveals a significantly further developed regime. After examination of the various enforcement mechanisms across both regimes, the Chapter concludes that a pluralistic approach that mixes the strengths of one regulatory regime while compensating for the weaknesses of the other is needed to harness manipulative design techniques like dark patterns. Show less
Defined as ‘tricks used in websites and apps that make you do things that you did not mean to, like buying or signing up for something’, much of the academic scholarship on the regulation of ‘dark... Show moreDefined as ‘tricks used in websites and apps that make you do things that you did not mean to, like buying or signing up for something’, much of the academic scholarship on the regulation of ‘dark patterns’ has focussed on privacy and data protection legislation. The term has been deployed to describe ‘deceptive’ and ‘manipulative’ design techniques implemented in a way that led to a user behaviour that would not have happened without the dark pattern. This article analyses to what extent the current EU Consumer Protection acquis is placed to make a substantial and complementary contribution towards curtailing the use of dark patterns. We do so through the lens of the European Commission’s adoption of a ‘New Deal for Consumers’ which strengthens enforcement mechanisms of EU consumer law and modernises the EU’s consumer protection rules in view of market developments Show less
Leiser, M.R.; Harbinja, E.; Blakely, M.; Romero, F.R.; Barker, K.; Coozigou, I. 2020
Co-authored response from BILETA to the EU's consultation on the Digital Services Act package with two main pillars: announced first, a proposal of new and revised rules to deepen the Single Market... Show moreCo-authored response from BILETA to the EU's consultation on the Digital Services Act package with two main pillars: announced first, a proposal of new and revised rules to deepen the Single Market for Digital Services, by increasing and harmonising the responsibilities of online platforms and information service providers and reinforce the oversight over platforms’ content policies in the EU; second, ex ante rules to ensure that markets characterised by large platforms with significant network effects acting as gatekeepers, remain fair and contestable for innovators, businesses, and new market entrants. Show less
Research into the phrasing, structure, and nature from the point of view of legal history, as well as the social and religious background of temple oaths from the Ptolemaic period, supplemented... Show moreResearch into the phrasing, structure, and nature from the point of view of legal history, as well as the social and religious background of temple oaths from the Ptolemaic period, supplemented with 21 unpublished texts written in demotic and Greek. Chapter 1. Introduction: Meaning and terminology of the oath in Ancient Egypt; Chapter 2. Juridical oaths from the Old Kingdom through the Ptolemaic period: an overview (ca. 2600-30 B.C.); Chapter 3. The format of temple oaths: a study of their clauses, components and legal contents; Chapter 4. Swearing a temple oath: the procedure; Chapter 5. Unpublished texts. A selection of demotic temple oaths in the Turin Egyptian Museum and Greek temple oaths from various collections. Show less
In this thesis, the (mal) functioning of the Senegalese state in the context of conflict (the Casamance crisis) is analyzed through four domains namely local administration, the security sectors,... Show moreIn this thesis, the (mal) functioning of the Senegalese state in the context of conflict (the Casamance crisis) is analyzed through four domains namely local administration, the security sectors, the borders and the communication domain where high ‘state density’ is expected in order to maintain its authority and sovereignty. However, the grip of the state on the social body remains weak and its powers are very limited in these sectors leading to necessary and continuous negotiations with other actors (traditional leaders, rebels, NGO, etc.), which sometimes are a serious threat to the state’s authority and are a symptom of its fragility. By using the metaphor of a sponge, hence the concept of “the Spontex State”, I demonstrate that, paradoxically, states in Africa in general, and the Senegalese state in particular, are keen to strategize their weakness. Their sponge-like characteristics permit a form of retractability. It allows absorbing and resisting forces that contest its power. Its retractability helps the state to avoid, at least partially, more serious confrontations with various actors. The capacity of retention and retraction of the sponge, reflected in the state, leads to great flexibility, through which the state sustains it grip and, ultimately, reinforces its overall authority. Show less
Hans Kelsen staat in de wereld van de rechtsfilosofie en -theorie bekend als één van de belangrijkste rechtsgeleerden van de 20ste eeuw en zijn belangrijkste werk dat hem die bekendheid heeft... Show moreHans Kelsen staat in de wereld van de rechtsfilosofie en -theorie bekend als één van de belangrijkste rechtsgeleerden van de 20ste eeuw en zijn belangrijkste werk dat hem die bekendheid heeft opgeleverd, de Reine Rechtslehre, is dan ook 'wereldberoemd'. Minder bekendheid geniet hij als juridisch pacifist en zijn voornaamste geschriften over recht en vrede, zoals Peace through Law, worden nauwelijks bestudeerd en amper in verband gebracht met zijn Zuivere Rechtsleer. Ook in de recentere Kelsen-studies over zijn democratietheorie, die meer bekendheid hebben gegeven aan Kelsen als pleitbezorger van democratie en die zijn politieke werk zelfs in het licht hebben beschouwd van de Zuivere Rechtsleer, ontbreekt nagenoeg een systematische of kritische behandeling van de waarde van vrede, terwijl zowel Kelsens rechtsleer als zijn democratietheorie daartoe op zijn minst aanleiding geeft. Aangezien in andere Kelsen-studies de relatie tussen de begrippen recht en democratie bij Kelsen reeds is gelegd, heeft deze studie zich beperkt tot de bij hem nauw gerelateerde concepten van recht en vrede. Zo hoopt dit proefschrift bij te dragen aan een herwaardering van Kelsens rechtsfilosofie door aan te tonen dat men het ondergewaardeerde doch wezenlijke aspect van zijn juridisch pacifisme als stilzwijgende, ethische betekenis van de Zuivere Rechtsleer kan begrijpen. Show less
The central question in this book is whether there is a human right to family unification. This book identifies the key elements of the right to family unification. By investigating different... Show moreThe central question in this book is whether there is a human right to family unification. This book identifies the key elements of the right to family unification. By investigating different sources of international, European and domestic law, it assesses whether and how the different legal systems involved affect each other in shaping the right to family unification. By identifying the key elements of the right to family unification, the book can be an important source for immigration lawyers, policy makers and scholars. Show less
The thesis deals with the question as to whether international organisations could be jointly responsible for violations of international law committed by peacekeepers deployed in a peacekeeping... Show moreThe thesis deals with the question as to whether international organisations could be jointly responsible for violations of international law committed by peacekeepers deployed in a peacekeeping operation. The study starts by exploring the development of the concept of peacekeeping operations and the relations between the UN and four specific regional organisations (NATO, EU, AU and ECOWAS) on the basis of the applicable dispositions of the UN Charter. This examination as well as the following analysis of relations among these organisations, illustrate the evolution of a division of labour and an increase of cooperation between the UN and these organisations. It justifies the formulation of a presumption that international organisations could be jointly responsible as well as the formulation of a new criterion of attribution (normative control). The case-studies of specific peacekeeping operations confirm that in certain circumstances the UN and regional organisations have to be considered jointly responsible. Show less
Without press freedom a constitutional democracy cannot function properly, to the extent that the degree of press freedom becomes an indicator of the level of democracy in a particular country.... Show moreWithout press freedom a constitutional democracy cannot function properly, to the extent that the degree of press freedom becomes an indicator of the level of democracy in a particular country. This socio-legal study aims to clarify how the concepts of freedom of expression and press freedom have evolved in Indonesian law; how press freedom as one of the main pillars of constitutional democracy has been guaranteed or curbed by the Indonesian legal system; how press freedom has been shaped in practice; and how this can be evaluated from a rule of law perspective. The research found press freedom in Indonesia is still under pressure, despite the demise of Soeharto’s authoritarian New Order regime in 1998. Decentralised model of governance during ‘Reformasi’ has led to new types of attacks on the press. Extra-judicial killings, physical violence, bringing criminal or civil claims against journalists and impunity of those perpetrating such acts have made it difficult for many journalists to conduct their work in a proper manner and without fear. Hence, there is still a pattern of legal and non-legal attacks against the press. The research has found that from colonial times until the present Indonesia has struggled with press freedom. Show less
Euthanasia and physicia-assisted suicide are possible in case of Huntington's Disease, also based on an advance directive. Requirements to make this possible are a sound and possibly longstanding... Show moreEuthanasia and physicia-assisted suicide are possible in case of Huntington's Disease, also based on an advance directive. Requirements to make this possible are a sound and possibly longstanding physician-patient relationship. Secondly a thorough knowlegde of the requirements of due care is necessary, for patients as well as for physicians. Physicians and patients should both be educated upon the possibilites provided in the law. Show less
Henken, K.R.; Jansen, F.W.; Klein, J.; Stassen, L.P.S.; Dankelman, J.; Dobbelsteen, J.J. van den 2012
Borders define jurisdictions. To uphold borders is to claim jurisdiction; to claim the right to decide on the law. The nation state makes such a claim. It seeks jurisdiction over a particular... Show moreBorders define jurisdictions. To uphold borders is to claim jurisdiction; to claim the right to decide on the law. The nation state makes such a claim. It seeks jurisdiction over a particular territory. By implication, the nation state also acknowledges that other jurisdictions may apply beyond that territory. Borders work two-ways, and while they grant the nation state exclusive jurisdiction, they also limit the nation state’s claims to the designated territory. Supranationalism and multiculturalism undermine the idea of exclusive territorial jurisdiction. Supranationalism grants institutions the power to break through national borders and to overrule the nation state’s territorial arrangements. In this way, borders become increasingly porous. Multiculturalism, meanwhile, not only deligitimizes the nation state’s borders by weakening the collective identity of the people living behind them; it also encourages religious sub-groups to invoke rules from beyond the nation state’s borders, thereby undermining the very idea of territorial jurisdiction. ‘God’s heart has no borders’, to put it bluntly. Supranationalism and multiculturalism are thus antithetical to national sovereignty and to the borders therein implied. Supranationalism dilutes sovereignty, and so brings about the gradual dismantling of borders from the outside; multiculturalism weakens nationality, thus delegitimizing their existence altogether from the inside. !e idea of political organization that fundamentally opposes supranationalism and multiculturalism – the idea of the nation state – has been declared ‘outdated’ and ‘irrelevant’ by an overwhelming number of commentators. Yet while supranationalism and multiculturalism have dominated politics and academia over the last several decades, their popularity is questionable and debates about national identity divide most European countries at present. Show less
History shows that NGOs activity in the international arena has grown steadily since the beginning of the 20th century, accelerating its pace after the enactment of the UN Charter, which admitted... Show moreHistory shows that NGOs activity in the international arena has grown steadily since the beginning of the 20th century, accelerating its pace after the enactment of the UN Charter, which admitted pluralism not only between States, but also beyond States, because it acknowledged that individuals could interact with the United Nations not only through governmental organizations but also through non-governmental organizations. In NGOs: legitimate subjects of International Law, Eduardo Szazi presents a methodical appraisal of the role of NGOs in the contemporary world, addressing their main characteristics under each of the sources of international law, as well some pressing questions about the legitimacy deficit of States and Intergovernmental Organizations in the 21st century Show less
Dutch social security law has changed during the last decades. Values of equality and solidarity, which traditionally underpin social security law, are slowly being replaced by the value of... Show moreDutch social security law has changed during the last decades. Values of equality and solidarity, which traditionally underpin social security law, are slowly being replaced by the value of individual responsibility. This transformation is embodied in the Life Course Arrangement, an individual savings scheme for (new) social risks that was introduced in Dutch social security law in 2006. In 2013 this arrangement will be replaced by the Vitality Arrangement. How can the establishment of the idea of individual savings schemes in traditional collective social security law be explained? And is it possible to criticize those changes without reverting to some notion of justice?The introduction of the Life Course Arrangement serves as a paradigmatic case for this study. Based on a (juridical) discourse analysis of a selection of (policy) texts and interviews with key actors involved in the policy process, this study shows that the establishment of the idea of individual savings schemes in traditional Dutch collective social security law was, amongst other things, the result of the introduction of the new signifiers 'life course' and 'life course perspective' in the social security discourse. These signifiers made people see things in a different way and constructed a new space of representation that enabled the reconciliation of formerly opposite views. For example, the new discourse that emerged was structured around the fantasy that increased labor market participation and more time for care and/or leisure are reconcilable. The study also shows how the Life Course Arrangement emerged in an atmosphere of antagonism and disagreement. Yet, due to a strong aging society narrative the idea of individual savings schemes was able to survive in Dutch social security law. The introduction of the Life Course Arrangement is criticized for ignoring the voices of those who joined the earlier 'life course discourse coalition' and for constructing a self responsible life planner as a new governable subject. The study argues that this subject must be distinguished from the ethical subject who strives for a genuine access to freedom practices. The insights gained in this study can both improve the methodological development of research that is based on discourse theory and incite policymakers and social lawyers to rethink recent social security reforms. This is a volume in the series of the Meijers Research Institute and Graduate School of Leiden University. This study was conducted within the framework of the research programme Reform of Social Legislation. Show less
