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German Law Journal
Scopus
ISSN 2071-8322 · Cambridge University Press · 446 artikel di indeks
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Artikel Jurnal
Echoes of Empire in Wires and Waves: The Long Shadow of Colonialism in India’s Telecommunications Act 2023
The Indian Telecommunications Act 2023 has sparked significant discourse on whether the law perpetuates a colonial legacy, as its critics claim, or represents a decolonial turn, as asserted by the government. This Article argues that the Act does not constitute a genuine rupture but instead…
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Artikel Jurnal
Beyond Crisis and Ambition: Operative Closure as a Critical Lens for Observing International Environmental Law and the South China Sea
Current scholarship often views international environmental law (IEL) through a crisis or ambition lens. The “crisis lens” apologizes for the limitations of doctrinal methods in resolving disputes. The “ambition lens” seeks to align IEL with a planetary perspective but is criticized for utopianism…
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Artikel Jurnal
Climate Change and Separation of Powers in European Human Rights Law: Why “KlimaSeniorinnen” has been Met with a Vigorous Separation of Power Criticism
While the judgement of the European Court of Human Rights (ECtHR) in KlimaSeniorinnen v. Switzerland has been hailed by many as a landmark in climate change and human rights litigation, the response by Switzerland and many intervening parties has been less favorable. For instance, the Swiss…
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Artikel Jurnal
Quantifying a 1.5oC Fair Share Carbon Budget: Human Rights Obligations on Climate Change after KlimaSeniorinnen
In the face of an escalating climate crisis, climate litigation is increasingly being utilized as a means to set boundaries to States’ lack of climate action. In what stands as one of the most consequential climate cases to date, the European Court of Human Rights (ECtHR) determined in Verein…
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Artikel Jurnal
How to Criminalize Rape? The Use of Offense Construction Principles in Relation to the Criminal Provision of Rape
This Article explores how rape is criminalized through the design of criminal provisions, with particular attention to offense-construction principles. While criminalization theory typically asks whether conduct should be criminalized, this study examines the equally important question of how a…
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Artikel Jurnal
A European Bank for Cooperation and Development: The Issue of Representation
The Wieser Report has emphasized how the European Financial Architecture for Development is characterized by a high level of overlap and fragmentation that produces inefficiencies in delivering aid. Fragmentation and overlap reduce the ability of the EU, the EU Member States, and the European…
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Artikel Jurnal
Rights of Nature: An Adequate Response to the Environmental Crisis?
No one disputes the fact that the current environmental crisis requires a response. The subject of this paper is a relatively novel response that is gaining increasing traction: the rights of nature (RoN) approach. Proponents of RoN claim that if we recognize that natural objects and ecosystems are…
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Artikel Jurnal
Polycontexturality for China’s Legal Development? Contending with Gunther Teubner
In criticizing the World Bank’s recommendations for China’s private law reform, Gunther Teubner suggested “polycontextural law” as the best direction for developing the Chinese legal system. This model, according to Teubner, can reconnect sources of law to multiple autonomous social fields and…
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Artikel Jurnal
Unknown, Unchecked, Unchallenged—How the European Parliament Uses Its Rules of Procedure to Effect Constitutional Change
This Article contributes toward the growing body of literature addressing the burgeoning gap between normative and empirical accounts of constitutional change in the constitutional order of the European Union. It does so by shining a light on how the European Parliament, acting through its…
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Artikel Jurnal
Iudex Non Calculat: Exploring the Number-Aversion Maxim as an Intellectual Trans-Atlantic Export
The Latin slogan iudex non calculat is on the rise. It appears in well over thirty English-language journals and a federal court decision in the United States; in Germany, more than sixty law journal articles mention the phrase in their titles alone, and German members of parliament have used it…
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Artikel Jurnal
From Bench to Parliament and Back: Resilience of the Judiciary and Safeguarding Judicial Independence in Germany
The goal of this Article is to contribute to the broader discussion on strengthening the resilience of the rule of law in Germany by focusing on how to protect trust in the judiciary and judicial independence against (possibly) radicalized judges. The Article provides an introduction to the current…
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Artikel Jurnal
Strasbourg’s Consideration of Article 267 TFEU and the ECtHR as a Shadow Constitutional Court of the European Union
In this Article I argue that the European Court of Human Rights (ECtHR) exercises an under-acknowledged power to shape the constitutional norms of the EU’s legal order—a power that extends beyond that court’s role in influencing the interpretation of fundamental rights. In establishing this claim…
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Artikel Jurnal
National Party Bans Under EU Law
Scholars have increasingly discussed the concept of European Militant Democracy, that is, the EU’s defense of Article 2 TEU values against defiant Member States. But does EU law have anything to say about national militant democracy, specifically on measures such as bans of political parties? The…
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Artikel Jurnal
The Case for Abolishing Consent in Data Privacy Law
Consent in data protection law is highly contentious. Critics argue that enabling people to make their own decisions is not feasible, as people are generally poor decision-makers. However, proponents insist on the value of consent as a tool of empowerment. This Article challenges the foundational…
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Artikel Jurnal
The Concept of EU Law: A Realist Reappraisal
This Article argues that the classic “what is law” question deserves more attention in EU legal studies. First, it shows that questions about the nature and concept of law are of great practical relevance for EU law. Second, the Article endorses a distinctively realist outlook on EU law. This…
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Artikel Jurnal
Regulating Competition in African Digital Markets: From Form to Substance
Since the 1980s, many African countries began to adopt competition laws alongside structural adjustment and trade liberalization measures, selectively borrowing from existing EU and U.S. regimes. Today, in response to global consolidation in digital markets, African governments are embracing…
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Artikel Jurnal
The Limits of Behavioral Law and Economics’ Predictive Power
Behavioral economics’ most severe criticism is that it lacks a coherent theory for predicting when irrationality will govern decision-making. BE is often therefore identified as a body of anomalies residual or exceptional to rational choice theory. This Article answers the question of why this is…
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Artikel Jurnal
The Pathway for Open Access to Publicly Funded Research in Australia
The Article argues that Australia’s current open access framework remains structurally inadequate because it relies predominantly on soft-law policy mandates rather than enforceable statutory rights within the Copyright Act 1968 (Cth). While international jurisdictions increasingly embed open…