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Funciones comunicativas de los grupos paratácticos jurídicos
In this article we examine the communicative function of legal paratactic groups, asking whether their use responds to the search for precision, legal certainty, or is a question of style or inherited formalism. Examples are analysed in English, French and Spanish, languages with Roman influence and historical coexistence. Legal paratactic groups are indeed an expression of legal security in the language of law, but their use goes beyond this function, as there are examples of communicative objectives that respond to new communication needs, sociolinguistic changes and transformations in political and legal systems.
Journal Article
The law of refugee status
\"The first edition of The Law of Refugee Status (published in 1991) is generally regarded as the seminal text on interpreting the refugee definition set by the UN's 1951 Refugee Convention. Its groundbreaking analysis served as the bedrock for not only much judicial reasoning, but also for a burgeoning academic literature in law and related fields. This second edition builds on the strong critical focus and human rights orientation of the first edition, but undertakes an entirely original analysis of the jurisprudence of leading common law and select civil law states. The authors provide robust responses to the most difficult questions of refugee status in a clear and direct way. The result is a comprehensive and truly global analysis of the central question in asylum law: who is a refugee?\"-- Provided by publisher.
Book
Qualification of Administrative Practices as a Source for Turkish Tax Law
In considering the relationship between positive and normative law, one must determine whether customs, one of the grounds of written law and administrative practices, and the manifestations of customs in practice, would be accepted as a source of law. Because, for example, an uncodified custom could not be a source of tax law, it would be impossible to take taxational action based solely on custom as the underlying principle of the legality of taxes. Nevertheless, it is apparent that legally codified customs will be the source of tax law. However, it is less certain whether the administrative practices that become visible when a law leaves enforcement to the tax administration’s discretion could be considered a similar legal source. The close relationship between tax and administrative law could be taken advantage of to overcome this uncertainty on tax-related administrative practices since most of the concepts and principles of tax law are built upon the theories underlying administrative law. This study aims to examine and reveal the potential of administrative practices as a legal source in Turkish Tax Law. Methodologically, the paper focuses on administrative law doctrine on custom and administrative practices and the Constitutional Court and Council of State’s decisions referring to the principle of legal security. Consequently, the article concludes that we should regard administrative practices, left to the administration’s discretion by the law, as a legal source of tax law to provide legal stability, certainty, and predictability. Such reliance will also protect acquired rights and meet fair expectations on the condition of any actions taken not being against the law.
Journal Article
Refugee law's fact-finding crisis : truth, risk, and the wrong mistake
\"Which mistake is worse: to deny a refugee claim that should have been granted, or to grant a claim that should have been denied? The law that governs fact-finding in any legal domain is built on a judgment about which potential error a decision-maker should prefer. Decisions to grant or deny refugee protection often hinge on findings of fact, yet refugee law has not engaged with this question. This hole in the law's foundations may well be undermining refugee protection across the globe, for as this book intends to show, it is contributing daily to the dysfunction of one the world's most respected refugee determination systems\"-- Provided by publisher.
Book
ENSURING LEGAL SECURITY IN THE CONTEXT OF THE EVOLUTION OF CYBER THREATS
Ensuring legal security, a primary condition of the rule of law, is nowadays enhanced by the dynamics and complexity of the impact of cyberspace. Although in general, when discussing cyber threats, the issue is approached from the perspective of attacks on network systems and information systems, complex cyber threats can also be generated by the legal system. The collection and processing of personal data is carried out through a process we call Big data, which ensures the conversion of everyday life into a data stream. The result is a new way of social life, based on continuous follow-up and offering unprecedented opportunities for social discrimination and behavioral influence. With this approach we are trying to submit to the debate the guarantee of a climate of stability created by the legal system in the context of cyber threats.
Journal Article
Let me be a refugee : administrative justice and the politics of asylum in the United States, Canada, and Australia
\"This book compares the refugee status determination (RSD) regimes of three popular asylum seeker destinations. Despite similarly high levels of political resistance to accepting asylum seekers, because administrative justice is conceptualized and organized differently in every state, they vary in how they draw the line between refugee and non-refugee\"-- Provided by publisher.
Book
Scientific Advancement in Forecasting of Administrative and Legal Threats to the Security of Economic Entities
The article is devoted to the problems of forecasting administrative and legal threats to the security of economic entities as a separate field of scientific research. The attention is focused on the essence and features of legal forecasting, the characters of the cause of administrative and legal threats to the security of economic entities and their essence. On the basis of the analysis of the most famous nowadays proposals concerning the phases of legal forecasting, the model of the stage of forecasting of administrative and legal threats to the security of economic entities is proposed. It was noted that the resolution of the above problem in Ukraine was not investigated sufficiently. That proves the relevance of the research direction and predetermines the need for further studies in this field.
Journal Article
The INS on the line : making immigration law on the US-Mexico border, 1917-1954
\"For much of the twentieth century, Immigration and Naturalization Service (INS) officials recognized that the US-Mexico border region was a special case. Here, the INS confronted a set of political, social, and environmental obstacles that prevented it from replicating its achievements at the immigration stations of Angel Island and Ellis Island. In response to these challenges, local INS officials resorted to the law--amending, nullifying, and even rewriting the nation's immigration laws for the borderlands, as well as enforcing them. In The INS on the Line, S. Deborah Kang traces the ways in which the INS on the US-Mexico border made the nation's immigration laws over the course of the twentieth century. While the INS is primarily thought to be a law enforcement agency, Kang demonstrates that the agency also defined itself as a lawmaking body. Through a nuanced examination of the agency's admission, deportation, and enforcement practices in the Southwest, she reveals how local immigration officials constructed a complex approach to border control, one that closed the line in the name of nativism and national security, opened it for the benefit of transnational economic and social concerns, and redefined it as a vast legal jurisdiction for the policing of undocumented immigrants. Despite its contingent and local origins, this composite approach to border control, Kang concludes, continues to inform the daily operations of the nation's immigration agencies, American immigration law and policy, and conceptions of this border today\"-- Provided by publisher.
Book
Information security governance: pending legal responsibilities of non-executive boards
The study shows that a structural conflict of interest in non-executive boards exists due to missing corporate governance structures and a lack of awareness for legal issues with regard to information security risks. Non-executive boards receive information on strategic security threats as a part of their oversight function to fulfill investor interest in transparency. At the same time, they act as representatives of company stakeholders and have an interest to counteract to information security risks based on the stakeholder’s risk disposition. If not properly structured by corporate governance rules, these different interests may lead to regulatory aberrations on non-executive board level. The study analyses a Deutsche Telekom AG case where non-executive board members, employees, and journalists fell victim to a spying scandal subject to the German telecommunications secrecy law in 2005–2006. The analysis demonstrates how the handling of information security on non-executive board level bears governance risks as well as legal risks that are insufficiently addressed in corporate governance research. The paper contributes to avoid a reproduction of events in the future, by suggesting the principle of a segregation of duties on non-executive boards as well as providing an overview of relevant legislative requirements that clarify tasks of non-executive board members with regard to information security. The study therefore helps protecting corporations and their stakeholders from similar consequences of missing corporate security governance.
Journal Article