scholarly journals Coronavirus and Soft Law in Germany: Business as Usual?

2021 ◽  
pp. 1-17
Author(s):  
Matthias Knauff

In combating the coronavirus pandemic in Germany, soft law has played an important, albeit not a central, role. Its use basically corresponds to that of under “normal circumstances”. In accordance with the German constitutional order, almost all substantial decisions are made in a legally binding form. However, these are often prepared through or supplemented by soft law. This article shows that soft law has played an important role in fighting the pandemic and its effects in Germany, although there cannot be any doubt that legally binding forms of regulation have prevailed. At the same time, the current pandemic has shed light on the advantages and effects of soft law in the context of the German legal order.

2019 ◽  
Vol 10 (10) ◽  
pp. 1003-1008
Author(s):  
Hiroyuki Matsuoka ◽  

In the world auto market, top three companies are VW(Volkswagen), Runault-Nissan-Mistubishi, and Toyota. About some selected countries and areas, China, England, Italy, Australia, Germany, Turkey, Russia, Sweden, USA, Brazil, UAE, Japan, Vietnam and Thailand are more competitive. However, the situation is different. Seeing monopolistic market countries and areas, Saudi Arabia, Taiwan, Korea, Malaysia, France, India, and Pakistan, in particular, the influence of Japan to Taiwan, India, and Pakistan is very big. But in Korea and France, their own companies’ brands occupy the market. In Japan domestic market, the overall situation is competitive. Almost all vehicles made in Japan are Japanese brand. From now on, we have to note the development of electric vehicle (EV) and other new technologies such as automatic driving and connected car. That is because they will give a great impact on the auto industry and market of Japan. Now Japan’s auto industry is going to be consolidated into three groups, Honda, Toyota group, and Renault-Nissan-Mitsubishi group for seeking the scale merit of economy. Therefore, I will pay attention to the worldwide development of EV and other new technologies and the reorganization of auto companies groups.


2017 ◽  
Vol 4 (1) ◽  
pp. 229-255 ◽  
Author(s):  
Nafay CHOUDHURY

AbstractThis paper revisits the concept ofcriticallegal pluralism, which treats the individual as a site of normativity with the capacity to create legal knowledge. To help operationalize the usage of critical legal pluralism, I propose a methodological approach that places the individual’s ability to makes choices along a continuum. On one side of continuum, legal pluralism can be viewed as facilitating fully discrete choices that ascribe to one legal order or another. On the other side, the ability to make individual choices is curtailed because of the presence of a hegemonic legal order. This simple continuum helps to shed light on the complex considerations that affect individual choices, which in turn affect how various legal orders are legitimated. The paper then considers how critical legal pluralism can enrich the discussion on the legal system of Afghanistan, focusing on interviews with two Afghan justice actors: a former judge and an active defence lawyer.


2016 ◽  
Vol 13 (2) ◽  
pp. 308-340
Author(s):  
Gloria Fernández Arribas

The Kimberley Process represents a new method of international cooperation between subjects of international law. It was named by its creators as a process, setting it apart from international organizations, and leading too to its consideration as informal international law-making or soft law. In this study we shall analyze the extent to which the Kimberley Process falls into these categories. Our main task, however, is to compare it to formal international organizations, with a view to establishing whether what really has been created is an institutionalization process that is like an international organization, but with a different name. To do this, we will analyze with reference to the Kimberley Process the various respective fields of international organizations, such as founding agreement, membership, structure, decision-making process and legal order.


2020 ◽  
pp. 236-249
Author(s):  
Caterina Soliani

The purpose of this work is to contribute to the continuous growth of the art world (Street Art in particular) and to discuss how it is essential for the discovery of artists. These artists have been pioneers and forerunners of new pictorial techniques, freeing creative and psychological flair, and combining the latter with the artistic technology that promises great things despite limited materials.  The intention of this article is to consider the elements of artistic expression that are less commonly subject to discussion, such as the world of Street Art. This form of artwork has not always been understood or accepted, with street artists waiting for the opportune moment to express the narrative, experiences, and emotions of society through their artwork, a power that unites sentiment and encourages change.  It is art which affects the community, the population and society. It is designed above all others to become part of the collective memory through violence of image and colour.  This project led me to come into contact with one of the many artistic artefacts of the Street Art movement, the Keith Haring’s mural in Amsterdam, a piece that makes me. understand and appreciate the problems inherent to these type of works, simple, synthetic, but never simplistic.  Therefore, a project, a study and a restoration hypothesis were conducted on one of the many works by Haring. The purpose of this was to shed light once again on the mural made in 1986 by the artist, situated in the Groothandeles Market of Amsterdam. No longer visible for thirty years, the mural was covered by insulation panels placed two years after its creation. With professors Antonio Rava and William Shank, the association Keith Haring Foundation of New York, the Stedelijk Museum of Amsterdam, in collaboration with the gallery Vroom & Varossieau, specialised in road art, on 8 June, the large metal sheet panels were removed and one of the greatest murals by Haring could once again be admired.


2020 ◽  
Vol 8 (2) ◽  
pp. 93-101
Author(s):  
Widowati Pusporini ◽  
Zamroni ◽  
Mansur Arsyad ◽  
Qomariyatus Sholihah

Purpose of the study: This research was compiled to analyze the improvement of the quality of education in Indonesia. The purpose of program evaluation is to know for sure whether the achievement of the results, progress, and obstacles encountered in the implementation of the program. Recognizing the low competency of school principals of the principal's partnership programs. Methodology: The type of this research is development, research which aims to produce instruments to evaluate a school principal partnership program. The development design in this study using the Plomp model. The data was analyzed qualitatively as input for improvement of activities in 2018. The following data was collected using questionnaires, interviews, and observations. Main Findings: The data and analysis show that the partnership program has recorded various advances made in the impact schools — both those related to curriculum management and implementation of supervision of learning and strengthening of school ecosystems. The effectiveness of school programs is very dependent on the carrying capacity of each school. However, it is the real result of this program is the change in mindset not only for principals but for almost all stakeholders. Applications of this study: This Study is analyzed based on the school principal partnership program report to become recommendation and references for another partnership programs, improving the competency of school principals, and developing remote area (3T regions/frontier, outermost, and disadvantaged in Indonesia national scale) of Indonesia. Novelty/Originality of this study: The findings imply that the partnership program has a significant impact on the equity growth in remote areas.


Author(s):  
Ali Gezer

Delay related metrics are significant quality of service criteria for the performance evaluation of networks. Almost all delay related measurement and analysis studies take into consideration the reachable sources of Internet. However, unreachable sources might also shed light upon some problems such as worm propagation. In this study, we carry out a delay measurement study of unreachable destinations and analyse the delay dynamics of unreachable nodes. 2. Internet Control Message Protocol (ICMP) destination unreachable Internet Control Message Protocol-Destination Unreachable (ICMP T3) packets are considered for the delay measurement according to their code types which shows network un reach ability, host un reach ability, port un reach ability, etc. Measurement results show that unreachable sources exhibit totally different delay behaviour compared to reachable IP hosts. A significant part of the unreachable hosts experiences extra 3 seconds Round Trip Time (RTT) delay compared to accessible hosts mostly due to host un reach ability. It is also seen that, approximately 79% of destination un reach ability causes from host un reach ability. Obtained Hurst parameter estimation results reveal that unreachable host RTTs show lower Hurst degree compared to reachable hosts which is approximately a random behaviour. Unreachable sources exhibit totally different distributional characteristic compared to accessible ones which is best fitted with Phased Bi-Exponential distribution.


Author(s):  
Claire Kilpatrick ◽  
Joanne Scott

This introduction explores what we mean when we talk about contemporary challenges to EU legality. Broadly, these involve actions or activities that cast doubt on the premises, principles, and norms that underpin the EU’s legal order as shaped by the Treaties and the judgments of the European Court. The chapter provides an initial taxonomy based on examples from the sovereign debt crisis and considers how the other contributions in the volume adjust or amplify that taxonomy. It shows that by looking at both ‘standard legality’ and legality exceptionalism in relation to EU legality, we can shed light both on the nature of the EU as a political organization and more specifically on the nature and role of law within it.


2021 ◽  
pp. 74-99
Author(s):  
Alison Rice

None of the writers in my study can call French, without hesitation and qualification, a mother tongue. Some of them didn’t start studying the language until they arrived in Paris in their twenties and grappled with learning a new form of expression at a relatively late age. When they recall their initial exposure to this foreign tongue, they describe a fascinating apprenticeship involving dictionaries and renowned works of French literature, and they often shed light on the distinction between oral and written competence in their experience. It is crucial to note that even those authors who have long been fluent in French underscore their non-native relationship to it. Chapter 3 addresses the approaches of these worldwide women writers to French and examines their inventive literary publications in this tongue. It is sensitive to the history of this language and its inextricable connection to a colonial past that many of these writers experienced or became aware of in their homeland. It also focuses on the reality that, for almost all of these authors, this is not the only tongue with which they are familiar. For multilingual individuals, selecting French as their language of literary creation is often the result of a conscious choice motivated by a particular affinity. What comes through in their reflections is most often a passion for this language and a confirmation of the freedom it affords them, as well as an affirmation of its inimitable music that makes it especially well-suited for creative compositions.


2018 ◽  
Vol 51 (4) ◽  
pp. 345-365
Author(s):  
Malte Krueger

Abstract In Ireland, there was a bank strike that led to a complete shut-down of the main part of the banking system from May to November 1970. The effects of this strike were surprisingly limited. This had led some observers to conclude that trade credit can easily substitute for bank deposits as a means of payment. In this paper, it is shown how cash and cheques were used as substitutes and complements allowing for “business as usual” for an extended period of time. This paper argues that such a situation would not have prevailed much longer. The lack of a proper settlement mechanism implied that risks were rising for almost all transactors. In order to contain risks the use of trade credit would have declined and economic performance would have deteriorated progressively. Zusammenfassung In Irland hat 1970 ein Streik der Bankangestellten dazu geführt, dass wesentliche Teile des Banksystems von Mai bis November geschlossen waren. Die Auswirkungen dieses Streiks waren erstaunlich gering. Dies hat einige Beobachter zu der Schlussfolgerung veranlasst, dass Bankeinlagen als Zahlungsmittel sehr leicht durch Handelskredit ersetzbar sind. In dem vorliegenden Beitrag wird gezeigt, wie Bargeld und Schecks sowohl als Substitute als auch als Komplemente einen weitgehend störungsfreien Fortgang des geschäftlichen Lebens ermöglicht haben. Es wird jedoch argumentiert, dass dieser Zustand nicht sehr viel länger Bestand gehabt hätte. Ohne die Verfügbarkeit eines Settlement-Mediums nahmen die Risiken aller am Wirtschaftsleben Beteiligten ständig zu. Im Laufe der Zeit hätte die Vergabe von Handelskredit zunehmend eingeschränkt werden müssen, um diese Risiken zu begrenzen. Eine solche Einschränkung hätte die wirtschaftliche Aktivität zunehmend belastet. JEL Classification: E02, E59, G21, N14


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