FID Recht - OPENACCESS

Why Civil Law Countries Might Forego the Individual Trustee: Provocative Insights from the New-to-the-Fold

2026-07-24T03:12:18+00:00

At the center of this article lies a decision in several civil law countries that have adopted the common law trust to restrict the office of trustee to banks and similar financial service institutions. Having had an opportunity to consider the trust anew, these countries represent a challenge to the common law where the individual – indeed the untutored individual – can still qualify as trustee (and serve in this capacity alone). This permissive common law regime obtains notwithstanding the siz[...]

Developing Professional Skills: Criminal Law

2026-07-24T03:12:18+00:00

This creative and original book provides ten independent exercises designed to help students master Criminal Law through real legal problems. Working with these exercises, students will tackle difficult criminal law questions to increase their understanding of the course topics while simultaneously developing skills in client interviewing and counseling, legal drafting, negotiation, and advocacy. These exercises also make it easier to integrate skills training into a traditional criminal law cou[...]

Technology's Triple Threat to the Attorney-Client Privilege

2026-07-24T03:12:18+00:00

Three issues – volume of recorded communications, ease of dissemination, and lack of knowledge – are today’s primary technology-related threats to the attorney-client privilege. Generally speaking, attorney-client communications must be kept confidential to retain their privileged status. In the information age, the volume of recorded attorney-client communications and ease of their dissemination makes it more difficult than ever to protect against disclosure. Whether that disclosure is intentio[...]

The Civil Jury Trial: New Democracy in Argentina, Japan, China, the U.S. and Beyond: 5)The Human Resource of the Law Course

2026-07-24T06:39:53+00:00

A New Dimension of Potential Resources in Innovation: A Wider Scope of Patent Claims Can Lead to New Functionality Development

2026-07-24T06:39:53+00:00

R. Dekkers, A. Verbeke, N. Carette en K. Vanhove, Handboek Burgerlijk Recht, III, Verbintenissen - Bewijsleer - Gebruikelijke contracten, Antwerpen, Intersentia, 2007, 820 p.

2026-07-24T06:36:30+00:00

Application of the Unidroit principles of international commercial contracts in arbitration: how to find their way into practice

2026-07-24T06:36:30+00:00

Terrorismebestrijding en strafrecht: administratisering (politisering) fnuikt strafrechtelijke rechtsbescherming

2026-07-24T06:36:30+00:00

Freedom of expression and the EU’s ban on Russian Today : a dangerous Rubicon crossed

2026-07-24T06:36:28+00:00

On 27 July 2022, in RT France v Council, the General Court of the European Union (‘General Court’) found that the ban on RT France in the EU did not violate the right to freedom of expression and media freedom, under Article 11 of the EU Charter of Fundamental Rights. Notably, the General Court sought to apply principles from case law of the European Court of Human Rights and international human rights law. This article argues that there are serious questions to be raised over the General Court’[...]

European Court of Human Rights: Carolis et France Télévisions v. France

2026-07-24T06:36:27+00:00

The European Court of Human Rights has confirmed the robust Article 10 protection for investigative journalism expressed in a television documentary, holding that a conviction for defamation of a Saudi Arabia prince violated the right to freedom of expression.

European Court of Human Rights: Kalda v. Estonia

2026-07-24T06:36:27+00:00

For the first time the European Court of Human Rights has stated that denying a prisoner access to the Internet may amount to a violation of Article 10 of the Convention. In Estonia Mr Kalda, who is serving a life sentence in prison, requested from the governor of the prison access to the online version of the State Gazette, to the decisions of the Supreme Court and administrative courts, and to the HUDOC database of the European Court of Human Rights.

Universal jurisdiction : the unthinkable becomes thinkable (Podcast)

2026-07-24T06:36:27+00:00

Bringing perpetrators of crimes against humanity, war crimes, or genocide to justice is a complex task, and it tends to be extremely difficult to find courts willing to prosecute perpetrators within the territories where crimes have been committed. However, when domestic trials or referrals to an international court are not possible, universal jurisdiction offers a way to prosecute perpetrators of these crimes in other states. Universal jurisdiction has thus made the unthinkable thinkable: allow[...]

Breaking silos of legal and regulatory risks to outperform traditional compliance approaches

2026-07-24T06:36:25+00:00

The ever-evolving legal and regulatory landscape and resulting pressure on organizations to adapt and comply is just one of many factors that have turned compliance management into a crucial yet increasingly complicated activity. In recent years, numerous compliance challenges have been reported on and traditional approaches for managing legal and regulatory risks are increasingly being scrutinized. This paper provides an overview of the main challenges faced by commercial organizations and goes[...]

Explaining the design of compliance mechanisms in international agreements : a focus on environmental protection

2026-07-24T06:36:25+00:00

Compliance mechanisms in multilateral environmental agreements: an effective way to improve compliance?

2026-07-24T06:36:24+00:00

Compliance mechanisms in multilateral environmental agreements (MEAs) have slowly but certainly replaced the classic dispute settlement procedures as the preferred means to ensure compliance with environmental obligations in public international law and their importance is growing. These mechanisms and procedures apply uniquely to the treaties that created them. At the same time, they show remarkable overlap and similarities. This article looks into the practice of 22 MEAs and compares the compl[...]

Criminal conviction for denying the existence of the Armenian 'genocide' violates freedom of expression

2026-07-24T06:36:24+00:00

On 17 December 2013 the European Court of Human Rights ruled by five votes to two that Switzerland violated the right to freedom of expression by convicting Doğu Perinçek, chairman of the Turkish Workers’ Party, for publicly denying the existence of the genocide against the Armenian people. On several occasions, Perinçek had described the Armenian genocide as “an international lie”. The Swiss courts found Perinçek guilty of racial discrimination within the meaning of Article 261bis of the Swiss [...]

A commentary on the United Nations Convention on the Rights of the Child, Article 21 : adoption

2026-07-24T06:36:23+00:00

This volume constitutes a commentary on Article 21 of the United Nations Convention on the Rights of the Child. It is part of the series, A Commentary on the United Nations Convention on the Rights of the Child, which provides an article by article analysis of all substantive, organizational and procedural provisions of the CRC and its two Optional Protocols. For every article, a comparison with related human rights provisions is made, followed by an in-depth exploration of the nature and scope [...]

A commentary on the United Nations Convention on the Rights of the Child, Article 32 : protection from economic exploitation

2026-07-24T06:36:23+00:00

This volume constitutes a commentary on Article 32 of the United Nations Convention on the Rights of the Child. It is part of the series, A Commentary on the United Nations Convention on the Rights of the Child, which provides an article by article analysis of all substantive, organizational and procedural provisions of the CRC and its two Optional Protocols. For every article, a comparison with related human rights provisions is made, followed by an in-depth exploration of the nature and scope [...]

An exploration of the child's right not to use the internet : disentangling from the digital web

2026-07-24T06:36:22+00:00

Recent policy documents at international and European level emphasise how essential internet access is for the realisation of children’s rights, and more specifically for purposes of inclusion, education, participation and communication. Schools impose the use of online learning platforms, friendships are maintained predominantly through mobile apps and online gaming platforms have taken over from playgrounds. Amidst this digital transformation, the fundamental question emerges whether children [...]

The virtues and limits of transformative constitutionalism : Ecuador’s constitutional court decision on prisons

2026-07-24T06:36:22+00:00

Assessing international criminal justice in Guatemala : evolutions and ongoing challenges

2026-07-24T06:36:22+00:00

This article examines the codification of international crimes in domestic law, the prosecution of international crimes committed during Guatemala’s Internal Armed Conflict, and the challenges in implementing the Rome Statute for the International Criminal Court (icc). It underscores the essential role of civil society in the fight against impunity through strategic litigation and memory initiatives, thus contributing to advances in justice. It exposes the impact of Inter-American Court of Human[...]

In search of foreign influences, other than French, in nineteenth-century Belgian court decisions

2026-07-24T06:36:21+00:00

In many senses, nineteenth-century Belgium can be considered to be a 'legal province' of Belgium. In the tradition of the exegetical school, legislation is the one and only formal source of law for judicial decisions. This legislation is primarily composed of the Napoleonic codes. Judges seem to be afraid of referring to other sources. If a ‘foreign’ source is quoted, it is a French one.

Economic crime and the substantive and procedural criminal law issues under an EU perspective: trends and developments

2026-07-24T06:36:20+00:00

Freedom of expression, the media and journalists : case-law of the European Court of Human Rights

2026-07-24T06:36:20+00:00

This e-book (also available in a printed version) offers a structured insight into the European Court of Human Rights’ case-law on freedom of expression and media and journalistic freedoms has been a widely appreciated. It is presented as a vade mecum on Article 10 of the European Convention on Human Rights. The target group includes lawyers, judges, law- and policy-makers, civil society actors, journalists and other media actors, academics, students, and indeed everyone with an interest in its [...]

Children’s rights in the digital environment

2026-07-24T06:36:18+00:00

In March 2021, the United Nations Committee on the Rights of the Child formally adopted its General Comment No. 25 on the Rights of the Child in relation to the Digital Environment. The General Comment strongly focusses on the child’s right to privacy and data protection. In this talk, Eva Lievens presents how this right is challenged, how the EU legislator attempts to protect this right and how children feel about it.

The anti money laundering complex and the compliance industry

2026-07-24T06:36:16+00:00

In contrast to other strategies of tackling security phenomena), the battle against money laundering has assigned an important task to private organizations. After all, private actors form the basis of the anti-money laundering (AML) approach since they are responsible for detecting and reporting transactions that may be linked to money laundering. This has resulted in the development of new professional groups, such as compliance officers, or AML officers, working within financial institutions [...]

Looking back over five years of reporting integrity violations to the Center for Integrity

2026-07-24T06:36:16+00:00

This article provides an analysis of whistleblower reports received by CINT (Centre for Integrity), the designated whistleblowing recipient within the Belgian federal public service. More precisely, the article situates CINT in the complex Belgian state structures and administrations; describes the reporting procedure; provides numbers and comments on reporters and their concerns for the first five years of its existence (2014-2019). The article further outlines the nature of the protections it [...]

The current G20 taxation agenda: compliance, accountability and legitimacy

2026-07-24T06:36:15+00:00

This article analyzes the recent G20 initiatives on taxation, more precisely on “base erosion and profit shifting” (BEPS) in the area of corporate taxation and the new G20 norm of automatic exchange of information (AEoI) with regard to foreign accounts. After having reflected on the special relationship between the G20 and the OECD, the discussion proceeds through the lens of compliance, accountability and legitimacy. In terms of compliance, the G20 is still in the phase of delivering as a group[...]

Legal framework relating to alternative dispute resolution in Belgian public law

2026-07-24T06:36:14+00:00

The application of alternative dispute resolution is increasing in Belgian administrative law hand in hand with the move towards a more bilateral relationship between administration and citizens, characterized by reciprocity and dialogue. The specific character of public law is the cause of specific legal problems and limitations. This paper examines these restrictions and their opportunities as a contribution to the creation of a theoretical framework for alternative dispute resolution in admin[...]

Did the ICC fail child victims in the Lubanga reparations order?

2026-07-24T06:36:14+00:00

In 2012, the International Criminal Court (ICC) convicted Thomas Lubanga Dyilo for enlisting, conscripting and using child soldiers during the Ituri conflict in the Democratic Republic of Congo (DRC). Two and a half years later, the Appeals Chamber of the Court issued an amended reparations order against Lubanga. This paper seeks to examine whether the amended order for reparations and the draft implementation plan for reparations in the Lubanga case failed child soldier victims by only ordering[...]

Submission to the Committee on the Rights of the Child in view of the intention to draft a General Comment on children’s rights in relation to the digital environment

2026-07-24T06:36:13+00:00

Children in the EU Digital Services Act and Artificial Intelligence Act : from acknowledging children’s rights to protecting and fulfilling children’s rights

2026-07-24T06:36:13+00:00

International private law in relation to copyright: agreements pertaining to intellectual property rights

2026-07-24T06:36:12+00:00

1973-1995 Yılları arasında incelenen 234 Tektırnaklı Hayvanın Postmortem Bulguları Üzerinde Survey Çalışma

2026-07-24T04:51:30+00:00

The possibility and desirability of dismissing the criminal proceeding against corporations through an effective compliance program: the path is made as we go along ; La posibilidad y conveniencia de sobreseer el proceso penal frente a la persona jurídica mediante un compliance eficaz: se hace camino al andar

2026-07-24T03:30:07+00:00

Si bien la relevancia de los programas de cumplimiento y la carga de la prueba fueron asuntos trascendentales en la pasada década, actualmente el caballo de batalla es el momento de la eficacia del compliance. El problema, por tanto, ya no es el «qué» sino el «cuándo». Así, se discute sobre si la persona jurídica, que ha adoptado un modelo de compliance, puede ver archivada la causa en instrucción o si, necesariamente, deberá esperar al juicio oral para alcanzar la exención de responsabilidad. E[...]

The Perils of Philanthrocapitalism

2026-07-24T03:12:18+00:00

For over a century, philosophers, politicians, and sociologists have bemoaned philanthropy's inherent antidemocratic, paternalistic, and amateuristic aspects. The antidemocratic nature of philanthropy is self-evident: When a wealthy person determines the best way to address a societal problem without the input of either society at large or the intended beneficiaries of the philanthropy, the result is a deficit of democracy. Philanthropy's amateurism stems from the illogical belief that wealthy i[...]

Contracts: Transactions and Litigations - Fourth Edition

2026-07-24T03:12:18+00:00

This text blends classic common law contract cases with 21st-century opinions and draws upon the problem method of instruction. It compares and contrasts the common law of contracts, the Restatement of the Law Second―Contracts, and Uniform Commercial Code Article 2 rules, as well as the United Nations Convention on Contracts for the International Sale of Goods and the UNIDROIT Principles of International Commercial Contracts, and explores their evolution and application. It emphasizes the import[...]

CISG Advisory Council

2026-07-24T03:12:18+00:00

The United Nations Convention on Contracts for the International Sale of Goods (CISG) Council Advisory has three main functions: to promote understanding and uniform interpretation of the CISG by publishing opinions on issues of interpretation, to promote the CISG generally, and to encourage and assist with the adoption and implementation of the CISG in jurisdictions that have not ratified it. The Advisory Council’s principal role is promoting uniform interpretation of the CISG.

license, intellectual property, asset purchase, acquisition, disposition, contract drafting, Tennessee

2026-07-24T03:12:18+00:00

The coauthors have constructed a model bank merger agreement, annotated with footnotes on substantive law and legal drafting issues. This model is intended to be used as a research piece, teaching tool, and practitioner resource. This agreement is part of a series of acquisition agreements and related ancillary contracts and instruments published by Transactions: Tennessee Journal of Business Law beginning in 2003.

The Role of Business Counsel As Compliance Gatekeepers: Toward Understanding and Combatting Reckless Disregard for Legal and Ethical Compliance in Business Entities

2026-07-24T03:12:18+00:00

Sometimes, business entity clients and their principals do not seek, accept, or heed the advice of their lawyers. In fact, sometimes, they expressly disregard a lawyer’s instructions on how to proceed. In certain cases, the client expressly rejects the lawyer’s advice. However, some business constituents who take action contrary to the advice of legal counsel may fall out of compliance incrementally over time or signal compliance and yet (paradoxically) act in a noncompliant manner. These seemin[...]

In Search of Effective Ethics & Compliance Programs

2026-07-24T03:12:18+00:00

The U.S. Sentencing Commission's Organizational Guidelines for over twenty years have offered firms a significant financial incentive to develop an ethical organizational culture. Nonetheless, corporate crime persists. Too many ethics programs remain ineffective. As this Article explores, the Guidelines' current approach is not working. The evidence, including sentencing data over the past twenty years, reveals that few firms have effective ethics and compliance programs. Nor is there much hope [...]

Legal analysis of the criminalization of war crimes committed against Ukraine ; Правовий аналіз криміналізації воєнних злочинів, вчинених проти України

2026-07-23T23:51:01+00:00

The article provides a comprehensive study of the relevance of the criminalization of war crimes committed against Ukraine, as well as an analysis of the peculiarities of its normative consolidation and practical implementation under contemporary challenges. It is substantiated that criminally punishable acts related to armed conflict are committed within a specific legal regime formed as a result of the introduction of martial law in Ukraine, as well as the systematic nature of war crimes perpe[...]

Der Projectvertrag – ein Beitrag zur rechtlichen Behandlung selbstständiger Tätigkeiten im italieniscen Arbeitsrecht

2026-07-22T04:15:43+00:00

Stopping the stalker:Victim responses to stalking

2026-07-22T03:58:00+00:00

It is estimated that 19 per cent of women in Australia will be stalked at some stage in their life.1 Victims of stalking are exposed to threatening behaviours over prolonged periods of time and their experiences have been described by them as “emotional or psychological rape”, “psychological terrorism”, and “rape without sex”. Research has shown that the more victimisation a person experiences, the more he or she resorts to a variety of attempts to manage the stalking behaviour. Many methods hav[...]

Taking Russia to Court:Prosecution of International Crimes

2026-07-21T10:37:22+00:00

This article summarizes the discourse around the investigation and prosecution of the international crimes committed by Russian officials and the Russian military in the war of aggression against Ukraine. It digests the efforts of states and international institutions to achieve accountability for the crime of aggression, war crimes, crimes against humanity, and genocide allegedly committed in Ukraine. It highlights the investigation into the situation in Ukraine by the International Criminal Co[...]

Collecting family network data

2026-07-21T08:23:27+00:00

Contemporary family contexts are characterized by a complex web of relationships, which goes beyond the household boundaries. Indeed, individuals develop meaningful relationships with non-residential family members, close friends, neighbors, colleagues, etc. Unfortunately, most surveys dealing with family ties focus on households and study a few dyads, mainly couple and parent–child relationships. This contribution addresses the use of social network methods for the understanding of the social m[...]

Book Review:Second-Best Justice: The Virtues of Japanese Private Law

2026-07-24T06:39:55+00:00

Book Review: Second-Best Justice: The Virtues of Japanese Private Law , by J. Mark Ramseyer . Chicago, IL: University of Chicago Press, 2015

Environmental Approval Regulations: Why investors should take note - A legal ruling in Germany could set a precedent that accelerates European coal divestment

2026-07-24T06:39:55+00:00

Webプログラミング言語教育用HTMLプレゼンテーション"CodEx"のためのスライド作成・編集ソフトの開発と評価 ; Development and Evaluation of "CodEx" Presentation Authoring Software for Web Programming Language Lecture

2026-07-24T06:39:54+00:00

エージェント・ベース・シミュレーションによる教員の能力開発制度の分析 ; Analysis of the Teacher Retraining System through Agent-Based Simulation

2026-07-24T06:39:54+00:00

教員免許更新制に伴う研修など教員の能力開発制度は学校の教育効果に大きな影響を及ぼす要因であると考えられている。しかし教員を教育するための研修や研究会はどの程度の頻度で行えばいいのかといった検証を実証的に行うためには多大なコストがかかる。本報告では、エージェント・ベース・シミュレーションを用いて小学校から高等学校までを対象とし、教員研修を導入した場合のトレードオフを考慮したモデルを作成した。

AI and Data Governance Today: GDPR Reform Trends and Research on Law and Technology

2026-07-24T06:39:54+00:00

Correction (Amendment) Practices on Japan Patent Law Must be Changed in Accordance With Three Decisions by the Supreme Court of Japan and the Grand Panel of the Japanese IP High Court in 2008

2026-07-24T06:39:54+00:00

エージェント・ベース・シミュレーションによる再教育制度の分析 ; Analysis of the Teacher Retraining System through Agent-Based Simulation

2026-07-24T06:39:54+00:00

Privacy Enhancing Technologies in the EU Digital Omnibus Proposal : Clarifying the Role of PETs in the Definition of Personal Data under the GDPR

2026-07-24T06:39:54+00:00

The EU Digital Omnibus Proposal, published by the European Commission on November 19, 2025, aims to simplify the overall EU digital legislative framework and, as part of this effort, proposes amendments to clarify the interpretation of the concept of "personal data" in the General Data Protection Regulation (GDPR). In particular, the proposal introduces a subject-specific and context-dependent assessment of identifiability, under which information does not constitute personal data for an entity [...]

メンデレーエフの周期律発見 ; Mendeleev's Discovery of the Periodic Law of the Chemical Elements-The Scientific and Social Context of His Discovery

2026-07-24T06:39:53+00:00

Negative giant surface potential of vacuum-evaporated tris(7-propyl-8-hydroxyquinolinolato) aluminum(III) Al(7-Prq)(3) film

2026-07-24T06:39:53+00:00

Case Mortier v. Belgium : the balance between the right to life and the right to respect for private life in the light of euthanasia

2026-07-24T06:36:30+00:00

The case Mortier v. Belgium is the first case where the Court comments on the figure of euthanasia. The area of euthanasia in particular raises the issue of finding a bal-ance between the protection of the patients' right to life in Article 2 of the Convention and that of the right to respect for his or her private life and personal autonomy in Article 8 of the Convention. The Court confirmed the States must be afforded a margin of appreciation in finding this balance. However, it does not conce[...]

Human rights in a positive state: rethinking the relationship between positive and negative obligations under the European Convention on Human Rights

2026-07-24T06:36:30+00:00

The rights guaranteed in the European Convention on Human Rights (ECHR) not only place negative obligations on the State to refrain from actions that interfere with human rights, but also positive ones that require the State to take action in order to ensure those rights. My dissertation provides an analytical inquiry into the application of the concept of positive obligations by the European Court of Human Rights. It is shown that the Court generally applies a less strict legal methodology when[...]

Access to foreign law in practice : easier said than done

2026-07-24T06:36:30+00:00

This paper deals with the achilles heel of private international law: how to access, understand and apply foreign law. As globalisation advances, so does the necessity to apply and interpret foreign law, but today even accessing it is still a challenge. This article examines the situation through an empirical study on the application of foreign parentage law by Belgian courts and non-judicial authorities. It also focuses on the use of two existing tools to ascertain foreign law, that is, the Eur[...]

Decision-making, compliance and international environmental governanca: a legal analysis

2026-07-24T06:36:30+00:00

The thesis investigates the institutional arrangements for the governing of environmental affairs at the international level. The legal analysis looks at these arrangements from two perspectives: international institutional law and international treaty law. The first part of the thesis deals with the question if the existing United Nations Environment Programme (UNEP) should be upgraded to a World Environment Organisation (WEO), a UN specialised agency for the environment. This debate is examine[...]