《民法典》视野下统一动产和权利担保登记制度的构造

在登记对抗主义之下,动产和权利担保登记的功能不在于创设一个新的权利,而在于为与担保人进行交易的第三人提供信息以及为确定竞存权利之间的优先顺位提供基础。如此,动产和权利担保登记系统应以声明登记制为基础而构建。《民法典》就动产和权利担保物权的功能主义立法方法为统一动产和权利担保登记制度提供了法律上的前提。在维持特殊动产、权利担保登记系统的前提下,统合没有所有权登记的标的物上的担保登记系统,并建立两大登记系统之间的电子链接。统一的动产和权利担保登记系统应是基于互联网的完全电子化的登记系统,其编制采取人的编成主义,并辅之以物的编成主义,涵盖所有在功能上起担保作用的交易类型。担保权人可以自主在线完成登记和查询,但为防止欺诈登记和虚假登记,担保人享有受领登记通知、请求注销或修正登记的权利,担保权人负有注销登记的义务。     

How do coalition signals shape voting behavior? Revealing the mediating role of coalition expectations

Existing empirical research suggests that there are two mechanisms through which pre-electoral coalition signals shape voting behavior. According to these, coalition signals both shift the perceived ideological positions of parties and prime coalition considerations at the cost of party considerations. The work at hand is the first to test another possibility of how coalition signals affect voting. This coalition expectation mechanism claims that coalition signals affect voting decisions by changing voters' expectations about which coalitions are likely to form after the election. Moreover, this paper provides the first integrative overview of all three mechanisms that link coalition signals and individual voting behavior. Results from a survey experiment conducted during Sweden's 2018 general election suggest that the coalition expectation mechanism can indeed be at work. By showing how parties' pre-electoral coalition behavior enter a voter's decision calculus, the paper provides important insights for the literature on strategic voting theories in proportional systems.     

Small winners and big losers: strategic party behaviour in the 2017 Dutch general election

Abstract

This article analyses party strategies during the campaign for the Dutch general election of March 2017, making use of issue-yield theory. It investigates whether parties strategically emphasise high-yield issues, by juxtaposing the issue opportunities provided by voters with parties’ issue emphasis during the campaign. More specifically, it asks whether parties strategically emphasised issues that were expected to reward them electorally. Analysing voter preferences and party campaign data, it is found that parties and most of their constituencies show high ideological consistency, that parties emphasise mostly positional issues and thus choose a conflict-mobilising strategy, and that most parties emphasise high-yield issues rather than following the general political agenda. Four small parties that won significantly behaved strategically while the social democrats – who severely lost – hardly did. The findings imply that the issue-yield framework can help to explain the election result in the fragmented Dutch multi-party context.     

‘Get Brexit Done’: The New Political Divides of England and Wales at the 2019 Election

This article analyses the successful Conservative election campaign of 2019 and how it took advantage of a fractured political and economic landscape. It reviews the unique circumstances around the 2019 election and the ‘surprising death’ of a no-deal Brexit. We then analyse the divergent political communication strategies in the 2017 and 2019 Conservative campaigns showing how the latter was much more coherent and politically unorthodox. Drawing on socioeconomic, demographic and British Election Study data, we argue that Boris Johnson’s messaging was carefully tailored towards the demands of voters in the ‘red wall’ seats. Conservative success was built around an appeal to voters in these economically depressed ‘geographies of discontent’. But while tremendously successful, the coalition this created is potentially fragile. An unconventional, ‘leftish’ Conservative campaign built a new, diverse bloc of voters. It includes a number of left-wingers expecting change alongside traditional Conservative supporters, and will be hard to keep together given the economic turbulence ahead.     

(Re)centering street harassment – an appraisal of safe cities global initiative in Delhi,India

Abstract

In 2012, New Delhi (India) was catapulted into the global limelight for the brutal gang rape of a 23-year old woman travelling in a bus. This wasn’t the first time that sexual violence had been perpetrated on the streets of Delhi and nor would it be the last. Yet this universal fact of everyday violence in public spaces particularly streets, though acknowledged by activists and feminists, has been examined minimally in academic scholarship. Further, even though the United Nations has been instrumental in foregrounding gender-based violence as a critical human rights issue, it has only recently turned its attention to street harassment through its ‘Safe Cities Global Initiative’. Therefore, in this paper, we trace how a routine but understudied form of violence becomes central to United Nations’ agenda to eliminate violence against women. By specifically, analysing the Delhi Safe Cities programme as a case study, our second contribution lies in examining the adequacy of the contemporary Safe Cities framework as a model for addressing sexual violence in public space. We conclude the paper by offering critical conceptual and methodological recommendations to further strengthen the framework.     

The origins and politics,campaigns and demands by the international fisher peoples’ movement: an Indigenous perspective

Abstract

This reflective contribution discusses the intersection of Indigenous and Small Scale Fisheries’ (SSF) issues, and how the international SSF movement has a critical role in the broader struggle for the convergence of social justice regarding the environment, food and lifeways. I explore some of the political tensions around Indigenous and SSF struggles against global neoliberalisation of land and water resources, some of the successes and challenges of the international SSF movement, and future considerations for academic/activist ‘decolonising’ work.     

Building the Rule of International Criminal Law: The Role of Judges and Prosecutors in the Apprehension of War Criminals

International criminal tribunals are weak institutions, especially since they do not have their own police forces to execute arrest warrants. Understandably then, much of the existing literature has focused exclusively on pressure from major powers and on changing domestic politics to explain the apprehension of suspected war criminals. In contrast, this article turns attention back to the tribunals themselves. I propose three ways in which the activities of international criminal tribunals impact compliance with arrest warrants: through the selection of individuals to indict, demonstrated leniency on some suspects and outreach to domestic legal professionals. Using a duration model that accounts for sample selection and data collected on the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda, I test these theories alongside other existing explanations. I find that court activities can have an independent effect on the successful implementation of international criminal law.

The quest for inclusion and citizenship in Ghana: challenges and prospects

Ghana's tortuous journey to democracy received a major boost in the year 2006 with the enactments of two human-rights-related pieces of legislation. In this article the author contends, on the one hand, that the recent enactments of an amendment to the law on representation of the people and the persons with disability law in Ghana constituted a noteworthy landmark in the search for inclusive citizenship. On the other hand, the relation between society and the political authority during the processes of the enactments highlighted characteristics of a post-colonial African state. The author explores the antagonisms that surrounded the enactments of these laws. The article concludes that although the Ghanaian experience represents a new wave of re-thinking of rights in Africa, it also underscores the deep-seated issues of contestation and negotiations that unavoidably accompany the expansion of democracy and extension of rights to the excluded and the marginalized.     

Five Challenges to Legalizing Economic and Social Rights

In recent years, dozens of human rights non-governmental organizations (NGOs) across the globe have begun to advocate for economic and social rights, which represents a significant expansion of the human rights movement. This article investigates a central strategy that NGOs have pursued to realize these rights: legalization. Legalization involves specifying rights as valid legal rules and enforcing them through judicial or quasi-judicial processes. After documenting some of the progress made toward legalization, the article analyzes five unique challenges involved in legalizing economic and social rights. It is important to identify these challenges because they must be overcome if the human rights movement wishes to refute the notion that economic and social rights are inherently non-justiciable (and therefore, to some, invalid as rights). These challenges also point to the possibility that legalization is not the only, or even the best, strategic pathway to realize economic and social rights effectively.

Asylum,welfare and civil society: a case study in civil repair

This paper examines a civil society challenge to UK government legislation withdrawing welfare support from asylum seekers who do not claim on entry to the country. Drawing on the work of Habermas and Alexander, it considers the role of the courts as a deliberative space and elaborates the scope for civil repair in the case of a group rendered marginal by the law. In so doing, it also suggests how links could be made with the broadened conception of citizenship proposed by Isin and Turner.