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Tilburg Law Review
Scopus
ISSN 2211-2545 · Ubiquity Press · 224 artikel di indeks
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Artikel Jurnal
The Legal Foundations of New Economic Models for Planetary Well-Being
Professor Morgera’s keynote address highlights the need to develop new economic models that are capable of achieving planetary well-being. This brief response highlights the need for analysis of law’s role in constituting both the problematic economic models that have contributed to and facilitated…
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The ‘Logic of Sacrifice’ and ‘Sacrifice Zones’ from a Corporate Law Perspective
This commentary reflects on Professor Elisa Morgera’s Montesquieu Lecture 2026 from a corporate law perspective. It engages with her concept of a ‘logic of sacrifice’, which describes how fossil fuel-based economies externalise environmental and social harms onto vulnerable communities and…
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Beyond Decarbonisation: Two Challenges for the Twin Energy Transition
Elisa Morgera’s 2026 Montesquieu Lecture reframes climate action as a human-rights project of defossilisation: a move beyond carbon-centred mitigation towards the protection of interconnected life-supporting systems and economies organised around care. This commentary develops the implications of…
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Climate Change and Ecological Destruction: A Green Criminological Perspective
This contribution reflects on the 2026 Montesquieu lecture given by Elisa Morgera at Tilburg University. From a green criminological perspective, it argues that phasing out fossil fuels to curb climate change is a good start. However, we also need to take into account that greening the economy will…
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Artikel Jurnal
Between Sacrifice and Care: Reflections on Elisa Morgera’s 2026 Montesquieu Lecture
This commentary endorses Morgera’s emphasis on human rights, intergenerational justice, and the protection of vulnerable populations, while raising several concerns. It argues that the logics of sacrifice and care have deeper historical roots and are not unique to contemporary fossil-fuel-based…
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Transformative Change Through Human Rights-Based Climate Action: Moving Away From ‘Sacrifice Zones’ and the Broader ‘Logic of Sacrifice’ of Fossil Fuel-Based Economies
The lecture discusses State obligations on climate change and human rights in the light of the evidence about a logic of sacrifice underpinning fossil fuel-based economies. It clarifies whose human rights are being sacrificed by continued reliance on fossil fuel-based economies. It reflects on how…
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Will this ‘thing’ Ever Really Come to an End? Reviewing US v. Aiello et al., an FBI-Lead Star-Studded La Cosa Nostra Case
Criminal proceedings against America’s La Cosa Nostra dominated headlines and captured the public’s attention in the late 80’s and early 90s. However, they have all but disappeared from scene, with many declaring La Cosa Nostra to a ‘thing’ of the past. This commentary reviews the case US v. Aiello…
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The Year in Law 2025: Organised Crime, Algorithmic Transparency, and Climate Justice
This editorial introduces the Tilburg Law Review’s 2025 Case Commentary Issue, examining how legal systems responded to three major challenges: adaptive organised crime, algorithmic transparency, and climate justice. Bringing together contributions on La Cosa Nostra’s use of technology, the CJEU’s…
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Climate Justice Case: A Case as Accessible and Familiar Litigation for Citizens
On December 2025, 452 plaintiffs filed a tort case, suing Japanese government for damages incurred due to its inadequate climate change measures. According to the complaint, they seek 1,000 yen in compensation per person as a part of damages suffered by each plaintiff. Prior to this case, Japan has…
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Going Beyond “Computer Says No”: Examining the Right to Information Post Dun & Bradstreet
This contribution discusses the case of CJEU CK v. Dun & Bradstreet. This case concerned the right to information when an algorithm is used to take the decision. The CJEU considered that the received information had to be meaningful. The CJEU however left open what should be considered meaningful…
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Criminalised Sex Work and the Violation of the Ultima Ratio Principle of Criminal Law
Most countries in the world impose some form of criminal sanctions on in-person sex work. Managers, clients, the sex workers themselves; the full or partial criminalisation of the in-person commercial sex market; the imposition of related sanctions such as upon loitering, management conceived as…
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Criminal Law and the Relational Self: Rethinking Conceptions of Harm and Responsibility in an Interdependent World
Traditional understandings of the self are individualistic, with a focus on values such as autonomy, independence and self-sufficiency. Under such a model, a person is clearly responsible for their own actions, but not responsible for the acts of others. Harms to the self are those which interfere…
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The Relational Self: Some Thoughts From the Perspective of Dutch Constitutional Law
How does the idea of relational law link to the Dutch Constitution? In this brief contribution, a few remarks are made about relational aspects of the Dutch Constitution (and the lack thereof), through the lens of care constitutionalism. Especially in times of increasing autocratization, a focus on…
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Cross-Border Evidence Gathering in Criminal Crypto Investigations: A Case Study of the Netherlands
This article focuses on the practical and legal-normative challenges and opportunities for cross-border criminal crypto investigations. Cryptocurrencies are (mis)used in various criminal activities. Law enforcement agencies worldwide attempt to detect these crimes. A case study of the Netherlands…
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Greenwashing the Aviation Industry? On the Lawful Use of ‘Sustainable Aviation Fuel’ Claims in Airline Advertising Under European Consumer Law
Technological advancements are crucial for greening global industries and markets. This paper focuses on alternative aviation fuel technologies, which allow the aviation industry to significantly reduce its carbon footprint. We investigate the relationship between the use of these technologies…
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Cybercrime Law Through the Theoretical Lens of Relational Self
This article examines cybercrime law through the theoretical lens of the relational self, as articulated by Jonathan Herring. It argues that understanding harm in technology-facilitated offences requires moving beyond traditional classifications of cyber-dependent and cyber-enabled crimes, which…
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Toward a Less Incomplete Contract: Merging Smart Contracts and Esg Metrics Contracts
Growing attention to environmental, social, and governance (ESG) concerns has prompted companies to incorporate conditions and obligations related to ESG indicators into their contracts and other agreements. Those contracts, defined as ESG metric contracts, include, for example, managers’…
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Digital Technology and Procedural Justice: Towards a Geography of Justice
Dispute resolution in the hands of courts has long been criticised as problematic. Digital technology and innovation are changing dispute resolution, and this has an impact on procedural justice. This paper scrutinises how technology (tech) is responding to the criticism of traditional court…
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Technology Expertise in the Dutch Boardroom: Legal and Text Analytical Findings
As the digital transformation and the adoption of Generative AI accelerate, corporate boards face growing expectations to integrate technological expertise into their governance structures. This article examines the extent to which Dutch listed companies have incorporated digital expertise at the…
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Relational Self, Harm, and Responsibility – A Contract Law Perspective in Response to the Montesquieu Lecture by Jonathan Herring
This paper responds to Professor Jonathan Herring’s Montesquieu Lecture on ‘Criminal Law and the Relational Self: Rethinking Conceptions of Harm and Responsibility in an Interdependent World’ by reflecting on how the tension between individualised and relational conceptions of the self manifests in…