Zoekresultaat: 15 artikelen

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Jaar 2014 x

    Colombia has been a territory with some social and political difficulties which have affected several dynamics of the community as well as the legal security in almost all levels of the Colombian society. The alternative dispute resolution mechanisms arise as a response for all the gaps that such circumstances produce in the country and as useful tools to solve numerous disputes in different fields. The Chamber of Commerce of Bogotá, through its Arbitration and Conciliation Center founded in 1983, is making a permanent bet to support the Colombian citizens’ coexistence in the schools, in the neighbourhoods, in the companies that provide jobs as well as benefits to the city and to the whole country. Clever strategies have been developed through the years with three purposes: change the culture about the alternative dispute resolution methods, provide confidence in using them and change the way the people manage their conflicts.


Rafael Bernal Gutiérrez
Rafael Bernal Gutiérrez is director of the Arbitration and Conciliation Center of the Chamber of Commerce of Bogotá. His expertise in ADR counts more than 30 years. He has participated in the construction of legal frameworks for ADR in different countries all across Latin America. He is lecturer in ADR topics in Colombia and as well internationally.

    The Rome I Regulation on the law applicable to contractual obligations contains several provisions aimed explicitly at the protection of ‘weaker’ contracting parties, such as consumers and employees. However, in addition to this, the interests of weaker parties are sometimes also safeguarded through the application of ‘overriding mandatory provisions’, which are superimposed on the law applicable to the contract to protect a fundamental interest of a Member State. This article is an attempt to clarify the extent to which the concept of overriding mandatory provisions may serve as a vehicle for weaker party protection. To do this, it examines the definition and limitations of the concept and its relation to conflict of laws rules based on the protective principle. Finally, the article seeks to establish whether the doctrine of overriding mandatory provisions remains relevant in the case of harmonisation of substantive law at the EU level, for which it will differentiate between full and minimum harmonisation.


Laura Maria van Bochove Ph.D.
Assistant professor in the Department of Private International and Comparative Law at the Erasmus School of Law. The author would like to thank the reviewers for their comments.
Article

Access_open The Role of Private International Law in Corporate Social Responsibility

Tijdschrift Erasmus Law Review, Aflevering 3 2014
Trefwoorden CSR, conflicts of law, Kiobel, Shell
Auteurs Geert Van Calster Ph.D.
SamenvattingAuteursinformatie

    This contribution firstly reviews developments in the EU and in the United States on corporate social responsibility and conflict of laws. It concludes with reference to some related themes, in particular on the piercing of the corporate veil and with some remarks on compliance strategy, and compliance reality, for corporations.


Geert Van Calster Ph.D.
Geert van Calster is professor at the University of Leuven and Head of Leuven Law's department of European and international law.
Article

Access_open Global Citizens and Family Relations

Tijdschrift Erasmus Law Review, Aflevering 3 2014
Trefwoorden global governance, family relations, nationality, habitual residence, party autonomy
Auteurs Professor Yuko Nishitani Ph.D.
SamenvattingAuteursinformatie

    As globalisation progresses, cross-border movements of people are becoming dynamic and multilateral. The existence of different groups and minorities within the community renders the society multiethnic and multicultural. As individuals acquire new affiliation and belonging, the conventional conflict of laws methods may no longer be viable and should be subject to a thorough re-examination. Against this background, this paper analyses appropriate conflicts rules in international family relations to reflect an individual’s identity. Furthermore, in light of the contemporary law fragmentation, this study also analyses interactions between state law and non-state cultural, religious or customary norms.


Professor Yuko Nishitani Ph.D.
Professor at Kyushu University Faculty of Law, Japan. This work was supported by the JSPS Grants-in-Aid for Scientific Research (C) (Grant Number 26380063). The author sincerely thanks Professor Carol Lawson (Nagoya University) and Ms. Nettie Dekker for their devoted editing work.

Laura Carballo Piñeiro
Associate Professor at the Faculty of Law, University of Santiago de Compostela.

Xandra Kramer
Professor at Erasmus School of Law, Erasmus University Rotterdam, visiting scholar at Stanford Law School.
Artikel

The food label as governance space: free-range eggs and the fallacy of consumer choice

Tijdschrift Recht der Werkelijkheid, Aflevering 3 2014
Trefwoorden food label, free-range eggs, animal welfare, regulatory governance
Auteurs Christine Parker
SamenvattingAuteursinformatie

    In a neoliberal age governments, NGOs, food producers and retailers all state that the food system can be governed via consumer choice aka voting with your fork. This makes the retail food label an important space for contests between different actors who each seek to govern the food system according to their own interests and priorities. The paper argues that this makes it crucial to ‘backwards map’ the regulatory governance networks behind the governance claims staked on food labels. The paper uses the example of the contested meaning of ‘free-range’ claims on animal products in Australia to propose and illustrate a methodology for this backwards mapping.


Christine Parker
Christine Parker is a Professor of Law at Monash University, Melbourne Australia. She conducts socio-legal research on business regulation enforcement and compliance and lawyer ethics. Her books include The Open Corporation (2002), Explaining Compliance (edited with Vibeke Nielsen, 2011), and Inside Lawyers Ethics (with Adrian Evans, 2014).
Artikel

Detentie en gevolgen van detentie

Onderzoek in Nederland en België

Tijdschrift Tijdschrift voor Criminologie, Aflevering 2 2014
Trefwoorden Detentiebeleid, detentieonderzoek, detentiebeleving, gevangeniscultuur, detentie-effecten
Auteurs Prof. dr. Kristel Beyens, Dr. Anja Dirkzwager en Prof. dr. Dirk Korf
SamenvattingAuteursinformatie

    Prison policy in Belgium and the Netherlands is changing rapidly. While Belgium struggles with a persisting prison overcrowding, the Netherlands strongly cuts back on the prison system and is closing an increasing number of prisons. This introductory article to a special issue on detention starts with a short outline of recent changes in Dutch and Belgian prison policy, focusing on developments in detention capacity and prison population. Subsequently we present an overview of empirical criminological research in the Netherlands and Belgium, situated within the international literature, with a specific focus on studies regarding life in detention and effects of detention on prisoners' lives and on their social environment. Finally, we reflect upon existing detention research in both countries, e.g. in terms of gaps in research topics and methodology, and discuss some future developments.


Prof. dr. Kristel Beyens
Prof. dr. K. Beyens is hoogleraar en voorzitter van de vakgroep Criminologie van de Vrije Universiteit Brussel.

Dr. Anja Dirkzwager
Dr. A.J.E. Dirkzwager is senior onderzoeker bij het Nederlands Studiecentrum Criminaliteit en Rechtshandhaving (NSCR).

Prof. dr. Dirk Korf
Prof. dr. D.J. Korf is bijzonder hoogleraar criminologie en directeur van het Bonger Instituut, faculteit der rechtsgeleerdheid, Universiteit van Amsterdam.
Artikel

Hunting Worlds Turned Upside Down

Paulus Potter’s Life of a Hunter

Tijdschrift Tijdschrift over Cultuur & Criminaliteit, Aflevering 2 2014
Trefwoorden Art, green criminology, non-speciesism, human-animal relationships
Auteurs prof. dr. Piers Beirne en dr. Janine Janssen
SamenvattingAuteursinformatie

    Life of a Hunter (c.1647) is an extraordinary painting by the young Dutch artist Paulus Potter. Its fourteen panels tell the tale of a well-heeled gentleman who likes to hunt and to kill “game” and “exotic” animals. The hunting world is turned upside down when the animals capture the hunter and put him on trial. He is condemned to death, roasted alive and doubtless consumed by the very creatures who had earlier been his quarry. In this essay we try to interpret Potter’s painting. Is it an allegory of the chaotic politics of the mid-17th century Dutch Republic? Does it represent an early modern animal trial? Our tentative conclusion is that Life of a Hunter expresses a Montaignian-inspired moment of transition in cultural attitudes towards human-animal relationships: its restricted vision of animal cruelty is not against animal cruelty tout court and its inversion of two links in the great chain of being is very far from being altogether pro-animal.


prof. dr. Piers Beirne
Prof. dr. Piers Beirne is Professor of Sociology and Legal Studies in the Department of Criminology at the University of Southern Maine. Hij is de founding co-editor van het tijdschrift Theoretical Criminology en de auteur van tal van boeken waaronder Animal Abuse (2009, Rowman and Littlefield).

dr. Janine Janssen
Dr. Janine Janssen is hoofd onderzoek van het Landelijk Expertise Centrum Eer Gerelateerd Geweld van de Nederlandse politie en verbonden aan de vakgroep Strafrecht en Criminologie van de Vrije Universiteit in Amsterdam.

    This article addresses the problem of qualitative interviewing in the field of legal studies, and more precisely the practice of interviewing judges. In the last five years the authors of this article conducted two different research projects which involved interviewing judges as a research method. In this article the authors share their experience and views on the qualitative interviewing method, and provide the reader with an overview of the ‘ins’ and ‘outs’ attached to this tool, but also its advantages and disadvantages.


Urszula Jaremba
Urszula Jaremba is an Assistant Professor of EU Law at Erasmus School of Law (Erasmus University Rotterdam, the Netherlands)

Elaine Dr. Mak
Elaine Mak is Endowed Professor of Empirical Study of Public Law, in particular of Rule-of-Law Institutions, at Erasmus School of Law (Erasmus University Rotterdam, the Netherlands)

Antony Duff
Antony Duff holds the Russell M and Elizabeth M Bennett Chair in the University of Minnesota Law School, and is a Professor Emeritus of the Department of Philosophy, University of Stirling.
Artikel

Commodifying compliance? UK urban music and the new mediascape

Tijdschrift Tijdschrift over Cultuur & Criminaliteit, Aflevering 1 2014
Trefwoorden street culture, Grime, frustration, defiance, resistance
Auteurs Dr. Jonathan Ilan
SamenvattingAuteursinformatie

    Subcultural theory and cultural criminology have traditionally viewed ‘underground’ youth movements as providing images of deviance/resistance which the cultural industries harvest to turn a profit. The logic follows that street and sub cultures imbue products with a ‘transgressive edge’ that increases their appeal within youth markets. This paper uses the example of UK ‘grime’ music to demonstrate how this dynamic cannot be viewed as applying universally in contemporary times. Where their street orientated content is censured, many grime artistes express a desire for commercial success which would ultimately emerge through muting their rhetorical links to crime and violence and explicitly championing ‘mainstream’ values. This case is used as an empirical cue to explore the use and critique of the concept of ‘resistance’ within cultural criminology and subcultural theory. The paper problematizes commodification of resistance discourses as they apply to the rugged culture of the streets and indeed its supposed ‘oppositional’ character where disadvantaged urban youth clearly embody and practice the logic of neoliberalism. It furthermore suggests that certain critiques of cultural criminology go too far in denying any meaning to criminality and subcultural practice beyond consumer desire. Ultimately, the concept of ‘defiance’ is suggested as a useful tool to understand the norms of and behaviours of the excluded.


Dr. Jonathan Ilan
Dr. Jonathan Ilan is universitair docent bij de School of Social Policy, Sociology and Social Research, University of Kent (UK). E-mail: j.ilan@kent.ac.uk

    Nicola Giudice wrote an article about the Italian model about mediation, especially about mandatory mediation. The Italian model is an interesting lab for European countries. The article focuses on the role of Italian Government in the evolution of the mediation system.


Nicola Giudice
Nicola Giudice (Milan Chamber of Arbitration-Mediation Service, Head Officer) is also author of books, trainer and a passionate promoter of the culture of alternative dispute resolution in Italy.
Artikel

Mediation in het bedrijfsleven vraagt andere aanvliegroute

Tijdschrift Nederlands-Vlaams tijdschrift voor mediation en conflictmanagement, Aflevering 1 2014
Trefwoorden bedrijfsleven, private sector, business mediation, corporate mediation, materiedeskundigheid
Auteurs Lambert Boot
SamenvattingAuteursinformatie

    Mediation is not very popular (yet) in the Dutch private sector. The author used his own network of business relations to investigate the motives not to choose mediation in solving business conflicts. Entrepreneurs and managers recognize mediation as a suitable method to solve personal conflicts like in family and community mediation. In business conflicts however, parties try not to get too personally involved and to keep feelings and emotions away from the negotiations. This investigation made clear that the timing of the conflict management process is a crucial factor in the unpopularity of mediation. The moment to choose a suitable method for dispute resolution is when the entrepreneur or manager failed to solve the dispute together with the other party. At this stage the competences of the mediator are competing with those of the entrepreneur/manager and therefore the choice for mediation is not very likely. This can only be changed by the introduction of dispute consultancy earlier in the process. Also the promotion of the traditional values and benefits of mediation does not seem to match the desires of most of the entrepreneurs and managers. Mediators might invest in pilots with companies to create opportunities for conflict consultancy and the introduction of a dispute analysis as early as possible in the process.


Lambert Boot
Lambert Boot is ervaren bemiddelaar, mediator, onderhandelaar, coach en bestuursadviseur.
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