Publications - Page 100 of 266

Copyright, Doctrine and Evidence-Based Reform external link

van Gompel, S.

JIPITEC, vol. 2017, num: 8, pp: 304-310, 2018

Abstract

Copyright lawmaking is conventionally embedded in a doctrinal tradition that gives much consideration to coherence and formal consistency with legal-theoretical foundations. This contrasts discernibly with the recent trend to base copyright policies and their elaboration into effective legal norms on empirical evidence. Recognizing that both approaches have their relative strengths and weaknesses, this paper explores how evidence-based policy can be reconciled with the traditional doctrinal approach to copyright lawmaking. It suggests that unproven doctrinal constellations that unnecessarily focus the legislative intention unequally on protecting copyright holders should be removed, but that lawmakers at the same time should also not stare blindly on economic evidence if legitimate claims based on fairness rationales are put forward, which also have to be weighed in as evidence.

Copyright, doctrinal underpinnings, economic evidence, evidence-based policy, frontpage, lawmaking approaches, reform

RIS

TY  - JOUR
AU  - van Gompel, S.
PY  - 0105
DA  - 2018-01-05
T1  - Copyright, Doctrine and Evidence-Based Reform
JO  - JIPITEC
VL  - 2017
NV  - 8
SP  - 304-310
UR  - https://www.ivir.nl/publicaties/download/JIPITEC_2017.pdf
AB  - Copyright lawmaking is conventionally embedded in a doctrinal tradition that gives much consideration to coherence and formal consistency with legal-theoretical foundations. This contrasts discernibly with the recent trend to base copyright policies and their elaboration into effective legal norms on empirical evidence. Recognizing that both approaches have their relative strengths and weaknesses, this paper explores how evidence-based policy can be reconciled with the traditional doctrinal approach to copyright lawmaking. It suggests that unproven doctrinal constellations that unnecessarily focus the legislative intention unequally on protecting copyright holders should be removed, but that lawmakers at the same time should also not stare blindly on economic evidence if legitimate claims based on fairness rationales are put forward, which also have to be weighed in as evidence.
K1  - Copyright
K1  - doctrinal underpinnings
K1  - economic evidence
K1  - evidence-based policy
K1  - frontpage
K1  - lawmaking approaches
K1  - reform
ER  -

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Article{vanGompel2018,
	title = {Copyright, Doctrine and Evidence-Based Reform},
	author = {van Gompel, S.},
	year = {0105},
	date = {2018-01-05},
	journal = {JIPITEC},
	volume = {2017},
	number = {8},
	pages = {304-310},
	abstract = {Copyright lawmaking is conventionally embedded in a doctrinal tradition that gives much consideration to coherence and formal consistency with legal-theoretical foundations. This contrasts discernibly with the recent trend to base copyright policies and their elaboration into effective legal norms on empirical evidence. Recognizing that both approaches have their relative strengths and weaknesses, this paper explores how evidence-based policy can be reconciled with the traditional doctrinal approach to copyright lawmaking. It suggests that unproven doctrinal constellations that unnecessarily focus the legislative intention unequally on protecting copyright holders should be removed, but that lawmakers at the same time should also not stare blindly on economic evidence if legitimate claims based on fairness rationales are put forward, which also have to be weighed in as evidence.},
	keywords = {Copyright, doctrinal underpinnings, economic evidence, evidence-based policy, frontpage, lawmaking approaches, reform},
}

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Annotatie bij EHRM 15 oktober 2016 (Perinçek / Zwitserland) external link

Dommering, E.

Nederlandse Jurisprudentie, vol. 2017, num: 51, pp: 6854-6557, 2018

Abstract

Uitlatingen van een Turkse politicus over de Armeense genocide (waarvan hij het bestaan ontkende) ten onrechte in Zwitserland veroordeeld.

Annotaties, Art. 10 EVRM, frontpage, Vrijheid van meningsuiting

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Annotatie bij EHRM 8 november 2016 (Bizottság / Hongarije) external link

Dommering, E.

Nederlandse Jurisprudentie, vol. 2017, num: 49/50, pp: 6574-6576, 2017

Abstract

Het EHRM erkent onder voorwaarden dat er een recht op openbaarheid van bestuur uit artikel 10 is af te leiden.

Art. 10 EVRM, EHRM, frontpage, openbaarheid van bestuur, Privacy, toegang tot informatie

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“Fake news”: False fears or real concerns? external link

McGonagle, T.

Netherlands Quarterly of Human Rights, vol. 35, num: 4, pp: 203-209, 2017

Abstract

‘‘Fake news’’ has become a much-used and much-hyped term in the so-called ‘‘post-truth’’ era that we now live in. It is also much-maligned: it is often blamed for having a disruptive impact on the outcomes of elections and referenda and for skewing democratic public debate, with the 2016 US Presidential elections and Brexit referendum often cited as examples. ‘‘Fake news’’ has also been flagged for fuelling propaganda and ‘‘hate speech’’ and even violence. ‘‘Pizzagate’’ is an infamous example of exceptional circumstances in which a false news story had a central role in a shooting incident. In December 2016, a man in Washington D.C. took it upon himself to ‘‘self-investigate’’ a story (a completely unfounded conspiracy theory) that the Hillary Clinton campaign team was running a paedophile ring from the premises of a pizzeria. Shots were fired and he was arrested and charged with assault and related offences. Given all this bad press, it is perhaps little wonder that ‘‘fake news’’ has become a major preoccupation for international organisations, national law- and policy-makers, the media and media actors, civil society and academia. But what exactly is ‘‘fake news’’ and what is all the fuss about? In addressing these questions, this column will also consider historical and contemporary perspectives on the term and its relationship with human rights.

Links

DOI: https://doi.org/https://doi.org/10.1177/0924051917738685

Fake news, frontpage, Human rights, Journalistiek, Mediarecht, post-truth era

RIS

TY  - JOUR
AU  - McGonagle, T.
PY  - 1205
DA  - 2017-12-05
T1  - “Fake news”: False fears or real concerns?
JO  - Netherlands Quarterly of Human Rights
VL  - 35
NV  - 4
SP  - 203-209
UR  - http://journals.sagepub.com/doi/full/10.1177/0924051917738685
DO  - https://doi.org/https://doi.org/10.1177/0924051917738685
AB  - ‘‘Fake news’’ has become a much-used and much-hyped term in the so-called ‘‘post-truth’’ era that we now live in. It is also much-maligned: it is often blamed for having a disruptive impact on the outcomes of elections and referenda and for skewing democratic public debate, with the 2016 US Presidential elections and Brexit referendum often cited as examples. ‘‘Fake news’’ has also been flagged for fuelling propaganda and ‘‘hate speech’’ and even violence. ‘‘Pizzagate’’ is an infamous example of exceptional circumstances in which a false news story had a central role in a shooting incident. In December 2016, a man in Washington D.C. took it upon himself to ‘‘self-investigate’’
a story (a completely unfounded conspiracy theory) that the Hillary Clinton campaign team was running a paedophile ring from the premises of a pizzeria. Shots were fired and he was arrested and charged with assault and related offences. Given all this bad press, it is perhaps little wonder that ‘‘fake news’’ has become a major preoccupation for international organisations, national law- and policy-makers, the media and media actors, civil society and academia. But what exactly is ‘‘fake news’’ and what is all the fuss about? In addressing these questions, this column will also consider historical and contemporary perspectives on the term and its relationship with human rights.
K1  - Fake news
K1  - frontpage
K1  - Human rights
K1  - Journalistiek
K1  - Mediarecht
K1  - post-truth era
ER  -

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The Japan EU Economic Partnership Agreement: Flows of Personal Data to the Land of the Rising Sun external link

Bartl, M. & Irion, K.

2017

Abstract

At the EU-Japan Summit in July this year the European Union (EU) and Japan have achieved a political agreement in principle on the content of the Japan EU Economic Partnership Agreement. For Japan including data flows in the trade deal with the EU has been an important political goal besides mutual recognition of their privacy laws. The EU is currently not favorably disposed to allow data flows provisions into trade deals. Building a ‘state of the art’ digital economy between Japan and the EU is certainly possible in conformity with their data privacy laws and the classical trade law disciplines. Our brief unpacks how flows of personal data will governed in the relationship between Japan and the EU. As a point of departure we look at the extent to which the prospective trade deal between the two economies would already cover data flows, including personal data. Next, we will take a look at the prospects for a regulatory handshake between Japan and EU providing for mutual recognition of data privacy and flows of personal data. The brief concludes with findings and recommendations on the future directions of Japan EU Economic Partnership Agreement.

Data protection law, frontpage, Japan, Personal data, trade agreements

RIS

TY  - GEN
AU  - Bartl, M.
AU  - Irion, K.
PY  - 1025
DA  - 2017-10-25
T1  - The Japan EU Economic Partnership Agreement: Flows of Personal Data to the Land of the Rising Sun
UR  - https://www.ivir.nl/publicaties/download/Transfer-of-personal-data-to-the-land-of-the-rising-sun-FINAL.pdf
AB  - At the EU-Japan Summit in July this year the European Union (EU) and Japan have achieved a political agreement in principle on the content of the Japan EU Economic Partnership Agreement. For Japan including data flows in the trade deal with the EU has been an important political goal besides mutual recognition of their privacy laws. The EU is currently not favorably disposed to allow data flows provisions into trade deals. Building a ‘state of the art’ digital economy between Japan and the EU is certainly possible in conformity with their data privacy laws and the classical trade law disciplines.
Our brief unpacks how flows of personal data will governed in the relationship between Japan and the EU. As a point of departure we look at the extent to which the prospective trade deal between the two economies would already cover data flows, including personal data. Next, we will take a look at the prospects for a regulatory handshake between Japan and EU providing for mutual recognition of data privacy and flows of personal data. The brief concludes with findings and recommendations on the future directions of Japan EU Economic Partnership Agreement.
K1  - Data protection law
K1  - frontpage
K1  - Japan
K1  - Personal data
K1  - trade agreements
ER  -

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Bibtex

Other{Bartl2017,
	title = {The Japan EU Economic Partnership Agreement: Flows of Personal Data to the Land of the Rising Sun},
	author = {Bartl, M. and Irion, K.},
	year = {1025},
	date = {2017-10-25},
	abstract = {At the EU-Japan Summit in July this year the European Union (EU) and Japan have achieved a political agreement in principle on the content of the Japan EU Economic Partnership Agreement. For Japan including data flows in the trade deal with the EU has been an important political goal besides mutual recognition of their privacy laws. The EU is currently not favorably disposed to allow data flows provisions into trade deals. Building a ‘state of the art’ digital economy between Japan and the EU is certainly possible in conformity with their data privacy laws and the classical trade law disciplines.
Our brief unpacks how flows of personal data will governed in the relationship between Japan and the EU. As a point of departure we look at the extent to which the prospective trade deal between the two economies would already cover data flows, including personal data. Next, we will take a look at the prospects for a regulatory handshake between Japan and EU providing for mutual recognition of data privacy and flows of personal data. The brief concludes with findings and recommendations on the future directions of Japan EU Economic Partnership Agreement.},
	keywords = {Data protection law, frontpage, Japan, Personal data, trade agreements},
}

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