Tuesday, 28 February 2012
Monday, 27 February 2012
Friday, 24 February 2012
Thursday, 23 February 2012
Wednesday, 22 February 2012
'European and national consumer law: what's new?'
'Principles and specific rules in European contract law'
Friday, 17 February 2012
...on the history of human rights: 'The last Utopia' by Samuel Moyn
...on human rights and EU-based businesses: Alexandra Gatto's book on 'Multinational enterprises and human rights'
...on contract law and human rights (for those of you who read Dutch and from this group especially those reading this on an Apple computer): a news paper article by Lyn Tjon Soei Len.
Thursday, 16 February 2012
Money back guaranteed regardless the reason for travel organiser's insolvency - CJEU in Blödel-Pawlik (C-134/11)
No general obligation to monitor information stored by online social networking platforms - CJEU in Sabam (C-360/10)
Wednesday, 15 February 2012
Tuesday, 14 February 2012
Sunday, 12 February 2012
Friday, 10 February 2012
While Father Frost turned Amsterdam into a winter wonderland, trains came to a stand-still and skating fever started rising, a small group of academics gathered at the Oudemanhuispoort (photo by Joasia Luzak) last Friday to discuss the relationship between private law and nationalism. If one has to get snowed in to debate this important topic, who better to do so with than Martijn Hesselink, Guido Comparato (the two organisers of the seminar), Ruth Sefton-Green, Ralf Michaels, Jan Smits and Hugh Collins?
The seminar, which formed the conclusion of a HiiL project, explored the question whether resistance against the Europeanisation of private law on the level of the Member States might be explained on the basis of nationalism. As the organisers framed it:
'If nationalism is the political principle according to which the political and the national unit should be congruent (Gellner) should then not the resistance against the Europeanization of private law, often in the guise of technical arguments, not be regarded as a form of (crypto-)nationalism if such arguments consistently regard the nation state as the most natural locus for private law making? And, on the other hand, if nations are imagined communities (Anderson), construed by men and women over time, should not then the work on a Common European Sales Law and a European Law Institute count as important instances of European national building? Nationalism seems bad, indeed dangerous, in light of the catastrophic role it played in the 20th Century. However, more recently it has been argued that nationalism and liberalism are not irreconcilable (Tamir) and that the solidarity that is needed for a functioning welfare state requires a common sense of belonging that is found in the nation (Miller). Can a similar normative argument be made in favour of liberal private law nationalism?'
For European consumer law, these queries are of great relevance, since their answers may explain some Eurosceptical tendencies in the approaches to EU law in certain Member States and propose ways to overcome these. The presentations of Ruth Sefton-Green and Ralf Michaels highlighted instances of crypto-nationalism (which in some cases were not even very cryptical) in French and English law, taking into account the importance of national culture and language, as well as concerns of democracy and otherness. Jan Smits sought an explanation for nationalism in public choice theory, sketching how the search for homogeneity within a nation-state could serve the maximisation of the interests of actors ('nationalists') within a society, and then exploring whether the nation-state still offered the best framework for the pursuit of these actors' interests. Hugh Collins, on the other hand, welcomed all participants to the seminar to the 'Study Group on Social Justice in European Private Law', emphasising the importance of further consideration of the authority of principles of private law that determine what are just outcomes in economic and social interactions. Martijn Hesselink made a strong case for the newly proposed Common European Sales Law to be considered as a common European model of justice between private parties. On the basis of his analysis, as well as the in-depth research done on the theme by Guido Comparato, it may be argued that pro-European views can be seen as a form of 'Euro-nationalism'. Outlining a constructive approach to the application of fundamental rights in European private law, my presentation during the seminar sought to find support for this thesis in a combination of constitutional and private law theory. As Guido suggested, finally, it may be argued that a broad notion of legal culture is no longer bound to the geographical dimensions of nation-states, but could benefit from 'stepping away from the blurring shadow of the Volksgeist'.
Some pictures of the seminar can be found on the website of the Centre for the Study of European Contract Law. The papers are meant to be published in the European Review of Contract Law later this year.
Thursday, 9 February 2012
Wednesday, 8 February 2012
Tuesday, 7 February 2012
- Talk about the internet and dedicate time to explore it together with the child. Ask the child to show them what he or she likes to do online, and try not to be shocked or overreact if they do not share the same interests.
- Stimulate the child's creativity. Point them in the direction of the best online content to explore for their development (or just for fun). The child can learn and discover new sites, play games, write blogs, create websites. Stretch his or her imagination.
- Set up rules or boundaries together. When\Where\Why and for how long can the child use their mobile phone or computer? If you listen to the child and establish fair rules, then he or she is more likely to stick to them.
- Protect personal data and help the child understand that information or photos they put online can remain visible to everybody forever. Help them set up the highest level of privacy settings on social networks.
- Think about using parental control tools to automatically filter certain topics (e.g. violence, porn) and limit the time the child will be able to navigate the web.
- Avoid having a computer in the child's bedroom. Put it in the living room instead. It will make it easier to follow the child's web-surfing habits on a daily basis.
Saturday, 4 February 2012
Thursday, 2 February 2012
Wednesday, 1 February 2012
[To reassure readers who might sense a conflict of interests here, seeing the personal overlap of bloggers and editors/authors: no payment, force or other incentives were used to get me to advertise this journal here. Just thought it might interest you to know about the new magazine...]
The journal's 'mission statement' reads as follows:
'This new Journal aims at filling a gap in existing publications in the field of European consumer law. Its main focus is on issues of consumer law in the EU internal market. European consumer law is understood in the broadest sense including user and passenger law. The focus of the journal goes beyond the traditional understanding of consumer law as consumer protection law and includes consumer law from the perspective of businesses in the B2C market.
The emphasis lies on the debate of consumer law as it stands in a system of multilevel governance. This includes discussing issues of private as well as public law, of substantive as well as private international and procedural law, of national, international and supranational law, new regulatory instruments (e.g. uniform law, soft law, service standards) as well as questions of law making.
The journal contains articles (peer reviewed), short contributions, legislation report, case commentaries, pending cases, book reviews and events. Contributions will appear in English and/or in German.'More information and a call for papers can be found on the euvr's website.