Law Commons^™

‘I Will Control Your Mind’: The International Regulation Of Brain-Hacking, Thibault Moulin

San Diego International Law Journal

In the near future, the use of neurotechnologies—like brain-computer interfaces and brain stimulation—could become widespread. It will not only be used to help persons with disabilities or illness, but also by members of the armed forces and in everyday life (e.g., for entertainment and gaming). However, recent studies suggested that it is possible to hack into neural devices to obtain information, inflict pain, induce mood change, or influence movements. This Article anticipates three scenarios which may be challenging in the future—i.e., brain hacking for the purpose of reading thoughts, remotely controlling someone, and inflicting pain or death—and assesses their compliance …

Employment Trajectories And Mental Health-Related Disability In Belgium, Sudipa Sarkar, Rebeka Balogh, Sylvie Gadeyne, Johanna Jonsson Et Al.

Articles

An individual’s quality of employment over time has been highlighted as a potential determinant of mental health. With mental ill-health greatly contributing to work incapacities and disabilities in Belgium, the present study aims to explore whether mental health, as indicated by registered mental health-related disability, is structured along the lines of employment quality, whereby employment quality is assessed over time as part of individuals’ labour market trajectories.

Interpreting The Conditions For Imprévision: The Goals Of The Reform Projects As A Decisive Tool For French And Belgian Courts, Luigi Montefusco

Journal of Civil Law Studies

The codification of the doctrine of imprévision in France and its codification attempt in Belgium is a significant turning point given the historical resistance in both countries towards it. Nevertheless, the fact that the French and Belgian civil codes had remained silent on the issue for more than 200 years poses problems of interpretation, in particular, with the regard to requirements to be met in or-der to trigger imprévision as set forth by new Article 1195 of the French Civil Code and Draft Article 5.77 of Belgian legislative pro-posal No. 3709/1 of April 3, 2019. In the absence of a …

European Banking Union C: Cross-Border Resolution–Fortis Group, Rosalind Z. Wiggins, Natalia Tente, Andrew Metrick

Journal of Financial Crises

In August 2007, Fortis Group, Belgium’s largest bank, acquired the Dutch operations of ABN AMRO, becoming the fifth largest bank in Europe. Despite its size and its significant operations in the Benelux countries, Fortis struggled to integrate ABN AMRO. Fortis’s situation worsened with the crash of the US subprime market, which impacted its subprime mortgage portfolio. By July 2008, Fortis’s CEO had stepped down, its stock had lost 70% of its value, and it was on the verge of collapse due to a severe liquidity crisis. The governments of Belgium, Luxembourg, and the Netherlands quickly came together and agreed to …

Service Of Process Via Social Media: Exploring The Use Of Social Media Platforms To Provide Notice To Defendants In Civil Cases In Belgium, Cedric Vanleenhove

Vanderbilt Journal of Entertainment & Technology Law

In common law systems, there has recently been a trend to permit plaintiffs to serve process on defendants through social media networks. This trend raises the following question: Is this form of service also beneficial in civil law countries-in particular, Belgium? To answer this question, this Article analyzes the conditions under which this type of service has been allowed by US courts, where most of the new development has occurred. This Article concludes that social media service may be a valuable additional means of notice when the defendant does not have a known address. In such circumstances, Belgian law currently …

How To Improve The Debt Ceiling To Fit A Partisan Government: A Global Examination Of Which International Solutions Excel, Sarah Love

Indiana Journal of Global Legal Studies

This Note explores the changing role the debt ceiling has played within the United States and considers how that role should be altered moving forward. The debt ceiling's history and its political connections are discussed as a backdrop to how the United States might alter the debt ceiling to limit both future government shutdown and political gridlock. This Note examines both domestic and international solutions to the debt ceiling problem with an emphasis on the latter. In particular, the Note focuses on the possible international solution of adopting a system similar to Denmark's debt ceiling, or adopting a high debt-to- …

Trials By Peers: The Ebb And Flow Of The Criminal Jury In France And Belgium, Claire M. Germain

UF Law Faculty Publications

The participation of lay jurors in criminal courts has known much ebb and flow both in France and in Belgium. These two countries belong to the civil law tradition, where juries are the exception rather than the rule in criminal trials, and they only exist in criminal cases, not civil cases. In spite of some similarities, there are substantial differences between the two countries, and their systems will be examined in turn.

In France, the Cour d’assises itself was inherited from the French Revolution. Since a law of 1941, it is a mixed jury system, meaning that lay citizens sit …

New Judicial Review In Old Europe, Alyssa S. King

Georgia Journal of International & Comparative Law

No abstract provided.

The Place Of Policy In International Law, Elihu Lauterpacht

Georgia Journal of International & Comparative Law

No abstract provided.

Voluntary Plant Closings And Workforce Reductions In The European Communities, J. Pipkorn

Georgia Journal of International & Comparative Law

No abstract provided.

Voluntary Plant Closings And Workforce Reductions In Belgium, Guy Desolre

Georgia Journal of International & Comparative Law

No abstract provided.

Introduction To Roundtable On Comparative Labor Relations Law: The Law And Measures Affecting Workers In The Context Of Voluntary Plant Closings And Workforce Reductions, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

Law Of The Sea - Deep Seabed Mining - United States Position In Light Of Recent Agreement And Exchange Of Notes With Five Countries Involved In Preparatory Commission Of United Nations Convention On The Law Of The Sea, Katherine Dixon

Georgia Journal of International & Comparative Law

No abstract provided.

General Discussion, Third Comparative Labor Law Roundtable

Georgia Journal of International & Comparative Law

No abstract provided.

Unlawful Employment Discrimination: A Discussion Of Belgian Law And Related Issues, Roger Blanpain, Jo Walgrave, Jean Jacqmain

Georgia Journal of International & Comparative Law

No abstract provided.

The Status Of The Universal Declaration Of Human Rights In National And International Law, Hurst Hannum

Georgia Journal of International & Comparative Law

No abstract provided.

Inmates For Rent, Sovereignty For Sale: The Global Prison Market, Benjamin Levin

Scholarship@WashULaw

In 2009, Belgium and the Netherlands announced a deal to send approximately 500 Belgian inmates to Dutch prisons, in exchange for an annual payment of £26 million. The arrangement was unprecedented, but justified as beneficial to both nations: Belgium had too many prisoners and not enough prisons, whereas the Netherlands had too many prisons and not enough prisoners. The deal has yet to be replicated, nor has it triggered sustained criticism or received significant scholarly treatment. This Article aims to fill this void by examining the exchange and its possible implications for a global market in prisoners and prison space. …

Inmates For Rent, Sovereignty For Sale: The Global Prison Market, Benjamin Levin

Publications

In 2009, Belgium and the Netherlands announced a deal to send approximately 500 Belgian inmates to Dutch prisons, in exchange for an annual payment of £26 million. The arrangement was unprecedented, but justified as beneficial to both nations: Belgium had too many prisoners and not enough prisons, whereas the Netherlands had too many prisons and not enough prisoners. The deal has yet to be replicated, nor has it triggered sustained criticism or received significant scholarly treatment. This Article aims to fill this void by examining the exchange and its possible implications for a global market in prisoners and prison space. …

Refund Fraud? Real-Time Solution!, Richard Thompson Ainsworth

Faculty Scholarship

When seven million dependents vanished from the tax rolls in 1986 the IRS recovered three billion dollars in revenue. A simple enforcement measure was applied. Taxpayers were required to list the social security number (SSN) for any dependent they claimed on their tax return. Costing next to nothing to implement, the benefits of this enforcement action continue to this day.

A similar enforcement measure could be employed against refund fraud. Even though the solution is not as simple as that adopted in 1986, it is similar. The effort is worth making. The revenue loss is much larger. As before, the …

Pereira's Attack On Legalizing Euthanasia Or Assisted Suicide: Smoke And Mirrors, Jocelyn Downie, Kenneth Chambaere, Jan L. Bernheim

Articles, Book Chapters, & Popular Press

In a paper published in Current Oncology, University of Ottawa palliative care physician Jose Pereira states that the, “laws and safeguards [in countries in which euthanasia or assisted suicide have been legalized] are regularly ignored and transgressed in all the jurisdictions, and that transgressions are not prosecuted.” He purports to demonstrate that the safeguards and controls put in place in the permissive jurisdictions are an “illusion.”

In the present paper, we expose problems with the evidence base provided and relied upon by Pereira. It should be noted that we provide only examples of each of the categories of mistakes made …

Imagining The Ideal Pension System: International Perspectives, Dana M. Muir Editor, John A. Turner Editor

Upjohn Press

Muir and Turner gather an international roster of pension experts who present what they think would be the ideal pension systems for their countries and why. Those countries include the United States, the UK, Ireland, Denmark, Germany, Belgium, France, Switzerland, Poland, and Japan.

Customary International Law In The 21st Century: Old Challenges And New Debates, Roozbeh (Rudy) B. Baker

Roozbeh (Rudy) B. Baker

This Article will survey the new scholarship that has emerged in international law to challenge the two traditional sources of customary norms, state practice and opinio juris. With the recent growth, in the international system, of self-contained international criminal tribunals, new challenges facing international law have emerged. Institutionally structured as self-contained legal regimes, international legal tribunals such as the ICTY, ICTR, and now the ICC have nevertheless contributed to a new paradigm within international law. The jurisprudence of these international criminal tribunals, on a wide range of international legal questions, has slowly begun to be elevated into norms of customary …

La Belgique : Un Pays De Cocagne Pour Les Créateurs De Dessins Et Modèles ?, Estelle Derclaye

Estelle Derclaye

No abstract provided.

Universal Jurisdiction And The Case Of Belgium: A Critical Assessment, Roozbeh (Rudy) B. Baker

Roozbeh (Rudy) B. Baker

Praised in some quarters as a useful tool for bringing criminal perpetrators to justice, criticized by others as a threat to state sovereignty, universal jurisdiction has certainly emerged as a heated topic within international criminal law. In 1993, the Kingdom of Belgium enacted a domestic statute, the Loi du 16 Juin, which codified (in domestic Belgian law) the use and application of universal jurisdiction (for international crimes) in Belgian courts. The Statute, which went through two major revisions in February 1999 and April 2003, granted Belgian courts jurisdiction over war crimes, crimes against humanity, and genocide, regardless of where in …

On Universal Jurisdiction—Birth, Life And A Near-Death Experience?, Helena Gluzman

Bocconi Legal Papers

This paper investigates the topic of universal jurisdiction, ie the supranational prosecution and repression—without the necessity of a link between the accused and the prosecuting state—of crimes of such gravity and magnitude as to collide with certain core values accepted by the international community and transcending the peculiarity of national interests. The focus of the chapter is exactly to try and discern the scope of universal jurisdiction, distinguishing between the two different versions of universality theorized by contemporary authors: ‘conditional universal jurisdiction’, which requires the presence of the accused in the prosecuting state, and ‘absolute universal jurisdiction’, according to which …

A Federal Constituency For Belgium: Right Idea, Inadequate Method, Donald L. Horowitz

Faculty Scholarship

The survival of the Belgian state is an important matter—and not just to Belgium. If, in the physical and administrative heart of Europe, groups that have lived together peacefully for nearly two centuries decide that they must part, what does that say about the prospects for more fragile, more recently constructed democracies? Partition and secession are generally bad answers to serious ethnic conflict, answers that usually have an array of negative consequences (Horowitz 2003). For this among other reasons, the proposal of the Pavia Group is to be commended. It aims to break the deadlock in Belgian politics and provide …

Can And Should Misappropriation Also Protect Databases? A Comparative Approach, Estelle Derclaye

Estelle Derclaye

No abstract provided.

The Worldwide Popular Revolt Against Proportionality In Self-Defense Law, Renée Lettow Lerner

GW Law Faculty Publications & Other Works

This article examines popular dissatisfaction with the proportionality standard in self-defense law, which holds that the prevention of harm cannot be achieved by causing harm that is disproportionate. Legal elites, such as prosecutors, judges, and legal scholars, have long championed versions of this standard. But there is an increasingly widespread movement in the United States and Europe to modify elite notions of proportionality.

Common to these movements is the desire to replace complicated balancing tests with clearer rules, which would limit the discretion of prosecutors and judges, and to permit use of deadly force against attackers in more situations. Fueling …

Politique Urbaine Et Sécurité En Belgique Et Aux Pays-Bas, Els Enhus, Jenneke Christiaens, Jessica Hoste, Leentje Winkelmans, Evelien Van Den Herrewegen, Marjan De Gruijter, Hugo Swinnen, Hans Boutellier, Astrid Huygen, Josine Junger-Tas

Jenneke Christiaens

No abstract provided.

The Belgian Copyright Act Finally Revamped With The Implementation Of The Copyright Directive (2001/29): The Good, The Bad And The Ugly, Estelle Derclaye

Estelle Derclaye

No abstract provided.