Search results for "AW [Intelligence agency]"
showing 10 items of 651 documents
Exploring the Political Ontology of European Integration
2018
In this chapter, the author politicizes the ontological dimension of EU studies. He discusses ontology’s power to determine the real by analyzing some of its unformulated presuppositions and the links with knowledge and action. He argues that key European institutions like the European Commission do not change only because of institutional dynamics but also in relation to transnational interplays of differentiated agents operating simultaneously in multiple social spheres. Institutions and particularly institutional change have to be explained in the light of both new policy challenges and the preferences and habits of the agents making up these institutions and their surroundings. Such an …
Hans Kelsen and Practical Reason
2017
The critique of practical reason, in all its possible forms, has a far more important and decisive role in Kelsen’s thought than the rejection of Natural law doctrine. Admitting that a practical use of reason is legitimate, namely, that there is a possible connection between intellect and will, would mean destroying the whole foundation of the scientific undertaking of the Pure Theory of law and its conception of the legal norm, which is its central aspect. By depriving practical reason of all foundation, any reference to agency and practical deliberation is excluded from Kelsen’s theory of law. Consequently, the Ought loses all capacity of attraction and motivation of human action, renderi…
Beyond the Precautionary Principle
2019
This chapter centers on the discussion around terrorism. While some scholars emphasize on terrorism as a risk, others alert on the limitations of thinking terrorism within the field of risk. This does not mean that terrorism does not exist, it is a big problem for urbanized contexts, but it escapes to the control of laycitizens. Following Niklas Luhman's definition we exert a criticism on those who think terrorism as a risk. This piece interrogated on the epistemological border of terrorism as well as the interest of publics and audiences to consume the others` mourning as a form of entertainment. This trend was facilitated by the unification of risk and threat notions. As we have explained…
Financial Market Development in Emerging Asia: the Corporate Governance Perspective (Presentation Slides)
2018
Presentation on why Asia is different from Europe and the USA from a corporate governance perspective: weak formal institutions (e.g. law enforcement), diverse informal institutions (e.g. in terms of social elite) and with institutional dynamism (ongoing development of regulations, e.g. privatization) using economic liberalization as primary engine of growth.
“Sicherungsverwahrung” (preventive detention) in Germany under the scrutiny of the ECHR
2020
The societal challenge how to deal with offenders deemed habitually dangerous, requires to balance needs for security of the general public with the human rights of the potential extreme dangerous offender. The prediction of future heavy crimes can never be precise. Hence, all measures infringing the rights of individuals deemed dangerous are very problematic from a human rights perspective. Germany uses “Sicherungsverwahrung” (preventive detention) to handle this challenge. The concept basically meant that after their prison-sentence, offenders deemed dangerous were kept in prison like conditions until they were not deemed dangerous anymore. The European Court of Human Rights (ECtHR) inter…
Efficacy and Obligation
1995
In spite of their differences, most modern legal theories seem to accept a common necessary (but not sufficient) condition for the existence of a legal system (LS). A system of rules is an LS only if it is generally efficacious and performs certain social functions. There is, however, no agreement on the definition of efficacy or on the nature of relevant social functions.
La Corte costituzionale apre al divieto di retroattività del novum penitenziario in malam partem.
2020
With a courageous judgment, the Constitutional Court extends the application scope of art. 25, par. 2, Cost. in the criminal enforcement sector. Censoring the living law, the Court states the prohibition of the retroactivity of the measures more afflictive introduced by law no. 3 of 2019 to convicts who committed the fact before its entry into force. The Author, after dwelling on the new paradigm of "European legality", retraces the salient passages of the decision, from which it draws the innovative message of the Judge of the laws.
Demokratisches Institutionendesign in der Priorisierung und Rationierung von Gesundheitsleistungen
2012
Decisions on priority setting and rationing in health care have both informational and distributional aspects, which is why they require expert knowledge and specialised bodies on the one hand and democratic consent on the other hand. The paper presents normative criteria for the evaluation and empirical categories for the description and comparison of respective bodies. As procedural decisions always have implications for resulting distributional decisions, the bodies charged with priority setting and rationing decisions must be subject to democratic institutional design. (As supplied by publisher).
Decisiones automatizadas: problemas y soluciones jurídicas. Más allá de la protección de datos
2021
La creciente capacidad computacional de los sistemas automatizados de procesamiento de datos ha generado un aumento de su utilización en toda clase de actividades humanas. Estos sistemas pueden procesar cantidades masivas de datos y proporcionar resultados muy precisos, ayudando a los responsables de la toma de decisiones, tanto en el sector público como en el privado, a clasificar a los seres humanos y a predecir sus acciones. Sin embargo, en los últimos años se ha venido demostrando que estos sistemas pueden generar importantes riesgos para los derechos fundamentales y otros valores y principios democráticos. Hasta la fecha, las normas en materia de protección de datos han constituido el …
“National Intervention” in International Commercial Arbitration
2019
The use of international arbitration increased over the years as a result of growth in international trade. How the State intervenes in the process concerning the appointment of arbitrators, provisional measures and evidence, and in the enforcement of the judgment after arbitration, is analysed. This State practice is however, difficult to change since international arbitration operates in a structure based on differing national terms, and not on uniform international standards.