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31. The Impact of Common Law on the Volume of Legal Services: An International Study

Author:
Enzo Dia and Jacques Melitz
Publication Date:
11-2021
Content Type:
Working Paper
Institution:
Centre d'Etudes Prospectives et d'Informations Internationales (CEPII)
Abstract:
We show that the heavy use of legal services relative to output in the US is not a peculiarity of the country but applies to common law countries in general. It stems largely from better ability to contract and easier access to justice. Yet in close association, common law also opens significantly more room for rentseeking by lawyers than civil law. Thereby the costs could outweigh the benefits. Both real GDP per capita and openness emerge as further factors making room for lawyers.
Topic:
International Cooperation, International Law, Labor Issues, and Law
Political Geography:
Global Focus

32. Mass Migration as a Hybrid Threat? – A Legal Perspective

Author:
Sascha Dov Bachmann and Anthony Paphiti
Publication Date:
01-2021
Content Type:
Journal Article
Journal:
Polish Political Science Yearbook
Institution:
Polish Political Science Association (PPSA)
Abstract:
Migration as a weapon sounds like a policy statement by resurgent nationalistic parties (and governments) in the West. However, politics and the human cost aside, what if an adversary (both state and non-state actor) does exploit the current global crisis of mass migration due to globalization, war, and political unrest? This article will look at the ongoing mass migration to the European Union within the wider security context of the so-called hybrid threats and/or ‘grey zone’ tactics. It looks at the various legal categories of migration as how the law can be weaponized as so-called ‘lawfare’ to undermine the existing legal frameworks distinguishing between legal and illegal migration. The authors recognize the possibility that this article will be used as an argument by the political actors involved for their nationalistic and anti-migration politics and policies. Yet, we believe that the potential of abusing the current vacuum for political gains along ideological party lines makes it necessary to provide a wider legal-security focused perspective on mass migration.
Topic:
Security, Migration, Immigration, Law, Border Control, and Humanitarian Crisis
Political Geography:
Global Focus

33. The World Health Organization: The COVID-19 Pandemic and Transnational Law

Author:
Carla Piffer and Paulo Márcio Cruz
Publication Date:
11-2020
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
The reflections made in this writing, bring to discussion the importance of transnational law, in the face of the occurrence of the current pandemic. From this, considerations are made about the transnational law produced by the WHO against Covid-19. Also, an analysis is made of the central categories and their relationship with the prefix ‘trans-’ and transnational law. Subsequently, the WHO is discussed, its emergence and performance in the elaboration of a transnational legal framework to be considered when internalizing its guidelines by each Member State. In the context of final considerations, it is emphasized, in addition to the importance that should be attributed to transnational law that the work of the WHO, as a transnational actor, practices materialized acts such as transnational law, both in terms of guidance and in connection with public health matters. The methodology used was based on the inductive method, using the bibliographic research.
Topic:
World Health Organization, Law, Transnational Actors, Coronavirus, Pandemic, and COVID-19
Political Geography:
Brazil and Global Focus

34. The Right To A Nationality: No Time To Be Complacent

Author:
Erika Feller
Publication Date:
06-2020
Content Type:
Research Paper
Institution:
Brown Journal of World Affairs
Abstract:
The right to a nationality is often taken for granted. Over the course of decades, UN member states have enshrined this right through fundamental instruments, notably the UN Covenant on Civil and Political Rights. Yet conservative estimates hold that approximately 10 million people spread across every continent are denied a nationality.1 Some, but not all, are refugees. Collectively, these individuals are stateless—they lack any claim to a nationality recognized or assumed by any state. For many years, statelessness was a forgotten issue, relegated to the realm of state sovereignty prerogatives. Recently, states and the UN have begun to focus on the pressing nature of the problem. They have made progress in addressing statelessness as a global, collectively shared challenge. However, the UN target of eradicating statelessness by 2024, while a fine aspiration, continues to face significant hurdles. These obstacles include a serious dearth of informa- tion about the problem’s scope, discriminatory national legislation and policies that obstruct UN efforts, an ambiguous international legal framework, and the absence of solutions that are accessible to stateless individuals.
Topic:
Nationalism, Sovereignty, United Nations, Refugee Issues, Law, Citizenship, Nation-State, Legal Sector, and Stateless Population
Political Geography:
Global Focus

35. Migrations and Security. The Problematic Circularity ‘Philosophy, Law and Politics’

Author:
Giovanni Bombelli
Publication Date:
05-2020
Content Type:
Journal Article
Journal:
Journal on International Security Studies (RESI)
Institution:
International Security Studies Group (GESI) at the University of Granada
Abstract:
This article focuses on the problematic nexus migration-security, which calls into question classical philosophical-legal and political categories (State, law, territory) dating back to the origins of the modernity. The analysis of Hobbes’ and Grotius’ insights allows to grasp the distance between the modern framework and the post-modern scenarios. The contemporary complex societies are characterized by fundamental socio-legal transitions, in particular as regards the notion of “privacy”, and by the progressive implementation of a new model of law and politics relations that is closely connected to the crucial role played by technology. In the light of this horizon, the migration issue, and its relations with the political phenomenon called “populism”, should be fundamentally understood in a cultural perspective even before its immediate sociological, political and legal projections.
Topic:
Security, Migration, Politics, Culture, and Law
Political Geography:
Spain and Global Focus

36. How Will International Migration Policy and Sustainable Development Affect Future Climate-Related Migration?

Author:
Robert McLeman
Publication Date:
12-2020
Content Type:
Special Report
Institution:
Migration Policy Institute (MPI)
Abstract:
Extreme-weather events, such as tropical cyclones, floods, droughts, and intense heat, are shaping migration and displacement in countries around the world, and climate change is likely to make events like these more intense and more frequent. The effects of such conditions vary across regions and can spark a range of migration outcomes—both increases and decrease in movement along existing routes, the creation of new routes, and growth in the number of people who may want or need to move but who are unable to do so. But while the potential of climate change to affect human mobility is widely recognized, estimating future climate-related migration and displacement is made difficult by uncertainty surrounding the future of efforts to reduce greenhouse gas emissions and of sustainable development and migration policies. This Transatlantic Council on Migration report describes the findings of a first-of-its-kind exercise to explore how future climatic conditions under standardized greenhouse gas concentration scenarios may affect climate-related drivers of migration and displacement, and how international development and migration policies may mediate (or exacerbate) migration outcomes. It considers how this may play out in two periods (2020–50 and 2050–2100), and in top source regions for international migration: East and Southeast Asia, South and Central Asia, Latin America and the Caribbean, the Middle East and North Africa, and sub-Saharan Africa.
Topic:
Climate Change, Development, Migration, Law, Refugees, and Sustainable Development Goals
Political Geography:
Global Focus

37. The first and last word in debates: Plaintive plaintiffs

Author:
Elena D'Agostino and Daniel J. Seidmann
Publication Date:
02-2020
Content Type:
Working Paper
Institution:
Nottingham Interdisciplinary Centre for Economic and Political Research (NICEP)
Abstract:
Is it better to have the first or the last word in two-round debates like common law trials? If litigants always share available witnesses then they never prefer to present first (to lead), and may prefer to follow; and they never prefer to choose the order after observing the available witnesses than to always follow. Litigants can prefer to lead if they have different available witnesses because the outcomes when some litigant leads coincide with the outcomes in an alternative game where that litigant follows, but commits to its reaction function before observing its available witnesses. Leading is therefore a commitment device.
Topic:
Law, Criminal Justice, and Legal Sector
Political Geography:
Global Focus

38. The Lungs of the Earth: Shifting a Metaphor from Superstition to Science

Author:
Aria Ritz Finkelstein and Porter Hoagland
Publication Date:
10-2020
Content Type:
Special Report
Institution:
Georgetown Journal of International Affairs
Abstract:
Poor metaphors can muddy the nature of environmental policy problems, but good ones can help policymakers begin to understand how to solve them. Using language carefully is critical to crafting effective international agreements to encourage the sustainable conservation of the marine environment in areas beyond national jurisdictions.
Topic:
Environment, Science and Technology, Governance, Law, Multilateralism, and Sustainability
Political Geography:
Global Focus

39. Curbing deception - A world survey of legal restrictions of so-called ‘conversion therapies’

Author:
Lucas Ramón Mendos
Publication Date:
02-2020
Content Type:
Special Report
Institution:
ILGA World (International Lesbian, Gay, Bisexual, Trans and Intersex Association)
Abstract:
‘Conversion therapy’ is a term describing pseudo-scientific and harmful practices used to attempt altering a person’s gender expression, gender identity or sexual orientation. In 2020, ILGA World has released a ground-breaking report on the issue: Curbing Deception is an extensive global research into laws banning ‘conversion therapies’ both at the national and subnational level. The report explores the vast field of techniques used for the purpose of attempting to alter lesbians, gays and bisexuals’ sexual orientation, to prevent trans youth from transitioning or make trans people de-transition, or to force our gender expressions and roles to align with the social binary stereotypes of masculinity and femininity. It also analyses strategies beyond legal reform to restrict these harmful practices worldwide. Experimentation and abuse have long taken place under the legitimising cloak of medicine, psychology and science. As the report details, gruesome practices – including electroshock ‘therapies’, forced internments in ‘clinics’ and exorcisms – are still applied in numerous countries, pushing people of diverse sexual orientations, gender identities and expressions to living self-loathing lives, up to the extreme consequences of committing suicide. Protection from similar ineffective and cruel treatment is as urgent as ever: our report also exposes how - thanks to the tireless advocacy of activists, survivors and grassroots organisations – States, health professionals and international human rights bodies across the world are speaking up against so-called ‘conversion therapies’.
Topic:
Human Rights, Law, Reform, Regulation, LGBT+, Protection, and Conversion Therapy
Political Geography:
Global Focus

40. Trans Legal Mapping Report: Recognition before the law (2019)

Author:
Zhan Chiam, Sandra Duffy, Matilda González Gil, and Lara Goodwin
Publication Date:
09-2020
Content Type:
Special Report
Institution:
ILGA World (International Lesbian, Gay, Bisexual, Trans and Intersex Association)
Abstract:
The Trans Legal Mapping Report is a research project by ILGA World, detailing the impact of laws and policies on trans persons across the globe. Its latest edition, released in September 2020, covers the legal situation in 143 UN member States: it highlights provisions which set out how trans and gender-diverse people can change their sex/gender marker and names on official identity documents (legal gender recognition), but also collects information on laws criminalising trans identities, both explicitly and de facto – looking at the situation for our communities in every region of the world. All too often, processes for gender marker and name change include requirements that are blatant human rights violations: this report outlines them clearly, but also shows progressive examples from across the world. Compiling information both through desk-based research and the lived realities of trans activists across the world, the ILGA World Trans Legal Mapping Report is a fundamental tool that advocates can use to engage with their national governments and bring about change.
Topic:
Human Rights, Law, LGBT+, and Transgender
Political Geography:
Global Focus