JournalTOCs

German Law Journal
Number of Followers: 2

This is an Open Access Journal

Open Access journal
ISSN (Online) 2071-8322
Published by Cambridge University Press

[352 journals]

GLJ volume 23 issue 9 Cover and Front matter
- Pages: 1 - 2
  PubDate: 2022-12-02
  DOI: 10.1017/glj.2022.82
The Divisible College: A Day in the Lives of Public International Law
- Authors: Beckett; Jason
  Pages: 1159 - 1192
  Abstract: This is an article about two things. First, the bifurcation of public international law (PIL) into two distinct forms: The material and the narrative. And second, the methodological fragmentation of international lawyers into discrete communities. After setting the substantive fragmentation of PIL as the context of analysis, I deploy Susan Marks’ concept of “false contingency” to distinguish material and narrative PIL. I briefly examine each, and their interactions, before turning to a specific manifestation of material PIL that I call the Global Legal Order (GLO).I then sketch the radical indeterminacy of narrative PIL, its manifestations in the ontological indeterminacy of the commonly accepted sources of PIL, and its source in PIL’s lack of authority and institutionalization. This contrasts with the determinacy and authority of the GLO. Next, I turn to the “fragmentation” of international lawyers into distinct “communities of practice.” In fact, this process turns out to be one of agglomeration, international lawyers are constructed within communities of practice, which glom together to create the appearance of PIL.Finally, I turn to how these communities function by pitting “performances of legality” in “vicarious litigation,” using the Chagos Islands case as an illustration. This is contrasted with the functioning of the operative legal system that is the GLO. I examine the constituent institutions of this system, and how they operate together to produce direct and indirect governance in under-developed states. In practice, this policy imposition immiserates states and antagonizes local populations. It necessitates oppressive governance which entails what narrative PIL determines to be “human rights abuses.”
  PubDate: 2022-12-02
  DOI: 10.1017/glj.2022.79
Conflicting Conceptions of Hate Speech in the ECtHR’s Case Law
- Authors: Sottiaux; Stefan
  Pages: 1193 - 1211
  Abstract: This article argues that the ECtHR uses two conflicting tests to assess the same types of hate speech. This results in legal uncertainty at best, and arbitrariness and double standards at worst. To remedy the present situation, I propose a two-track strategy. To begin with, the Court should abandon its “bad tendency” approach, a test prone to abuse by governments to silence political dissent under the guise of fighting hate speech, for a set of uniform criteria to assess hate speech-restrictions, in line with its current incitement approach. In addition, however, to compensate for the loss of protection against severe forms of vilification which do not meet the incitement-criteria, the Court should formulate a new category of unprotected speech, to be defined as intentional intimidation or harassment.
  PubDate: 2022-12-02
  DOI: 10.1017/glj.2022.81
Urbanizing Human Rights Law: Cities, Local Governance and Corporate Power
- Authors: Pieterse; Marius
  Pages: 1212 - 1225
  Abstract: This article considers ways in which human rights law ought to respond to a growingly urban global order of blurred private—corporate—and state power. Fragmented and dispersed power comes together, in different configurations of public and private, in the cities and towns of the world. For this reason, local government presents the appropriate scale at which to re-conceptualize the operation of international human rights norms, also against private power. This requires engaging not only with the reach and leanings of international human rights standards but also with the manner in which they are rendered applicable, through domestic constitutional law, against state and non-state actors at a local scale. The urbanization of human rights law accordingly also requires a second look at the powers, competencies and responsibilities of urban local government under domestic constitutional law.
  PubDate: 2022-12-02
  DOI: 10.1017/glj.2022.77
Social Media Platforms within Internal Market Construction: Patterns of
Reproduction in EU Platform Law
- Authors: Hiltunen; Miikka
  Pages: 1226 - 1245
  Abstract: The European Union’s new regulatory agenda targeting online platforms such as social media has been presented as a progressive watershed moment after a long period of regulatory restraint. The attempt to construct an internal market lends legal competence to the two centerpieces of this agenda—the Digital Services Act (DSA) and the Digital Markets Act (DMA). This Article analyzes the Union’s attempts to govern online platforms as a part of internal market construction. After examining the underlying aims of the internal market, the Article proceeds to analyze how those aims have been operationalized in existing EU electronic commerce law and more recently in the DSA and DMA proposals. The Article argues that the Union regulatory agenda is not particularly transformative. While the DSA and DMA introduce many novel regulatory mechanisms with an equalizing potential, they also remain faithfully committed to the aims and pre-existing mechanisms of internal market construction that have enabled the rise of platform corporations in the first place. Thus, the proposals risk reproducing and legitimizing various inequalities in the European digital economy. The article seeks to connect alternative visions of platforms with the re-imagination of internal market construction.
  PubDate: 2022-12-02
  DOI: 10.1017/glj.2022.80
The Digital Euro and Energy Considerations: Can the ECB Introduce the
Digital Euro Considering the Potential Energy Requirements'
- Authors: Mooij; Annelieke A.M.
  Pages: 1246 - 1265
  Abstract: The ECB has two mandates its primary and secondary mandate. Its primary mandate has been the focus of many discussions but its secondary mandate is less frequently discussed. Nevertheless this mandate has important objectives and should not be considered obsolete. This article examines the legal status of the secondary mandate of the ECB with regard to climate change. In particular this article will consider the role of the secondary mandate with regard to the Digital Euro and energy targets. The Digital Euro can be used as a monetary tool and improve payment systems. However, depending on its design the Digital Euro can use a considerable amount of energy. This article concludes that if the design of the Digital Euro does not impact the monetary objectives, the secondary mandate of the ECB determines the design of the Digital Euro.
  PubDate: 2022-12-02
  DOI: 10.1017/glj.2022.78