Law - Book chapters
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- ItemThe chance "to melt into the shadows of obscurity": Developing a "right to be forgotten" in the United States(Springer Nature Switzerland AG, 2018-04-03) O'Callaghan, Patrick; Irish Research CouncilThis chapter argues that there is some (limited) evidence of a right to be forgotten in the jurisprudence of U.S. courts. For the purposes of this argument, the right exists whenever interests in being forgotten and/or forgetting are understood as weighty enough to impose a duty on government and/or fellow citizens to respect those interests. Most of the relevant cases belong to the pre-digital era but nevertheless provide some doctrinal support for a right to be forgotten in the digital era. In particular, the chapter pays close attention to the privacy challenges associated with search engines and argues that it may be possible to implement a Google Spain-inspired right to be forgotten (in the sense of delisting or deindexing search results) in the United States.
- ItemThe right to be forgotten in Ireland(Springer Nature Switzerland AG, 2020-03-07) O'Callaghan, Patrick; Irish Research CouncilThis chapter examines the status of the right to be forgotten in Irish law. It pays close attention to data protection law and finds that even before the coming into force of the General Data Protection Regulation (GDPR), a right to be forgotten, rooted in data protection law, was available in Irish law. The chapter also explores whether a right to be forgotten is available beyond data protection law. In doing so, it assesses whether interests in forgetting and/or being forgotten are given expression in other areas of Irish law. The chapter considers the legislation on spent convictions, defamation law and the law of privacy. It finds, however, that data protection law is the most suitable home for a right to be forgotten. The chapter also examines the limits of the right to be forgotten and the remedies available for infringement before commenting on the transparency problem in the context of search engine delisting requests.
- ItemCoherence, alignment and integration: understanding the legal relationship between sustainable development, climate change adaptation and disaster risk reduction(Palgrave Macmillan, 2022) Cubie, Dug; Natoli, TommasoInternational law can play an important role in promoting national, regional and international actions to tackle the human impacts of climate change and disasters. Of note, 2015 saw the adoption of three interconnected normative frameworks: the Sendai Framework for Disaster Risk Reduction 2015–2030, the Paris Agreement under the UN Framework Convention on Climate Change (UNFCCC), and the UN’s 2030 Agenda for Sustainable Development and the Sustainable Development Goals (SDGs). One may therefore be tempted to view this body of international norms, rules and standards as a comprehensive and unified system. Yet the increasing complexity and specialisation of different international legal regimes has led to concerns regarding a confusing fragmentation of international law. This chapter will therefore examine the relationship between the three topics of sustainable development, climate change adaptation (CCA) and disaster risk reduction (DRR) from a legal perspective. The chapter will commence with a discussion of the legal status of different international instruments, before providing a textual analysis of the language used by states, the UN, NGOs and other actors in the relevant documents. We then propose an ‘hourglass’ model of the legal relationships between these three different international frameworks based on: systemic coherence at the international level; vertical alignment between the international, regional and national levels; and horizontal integration of international norms at the domestic level. To support this proposal, examples will be provided from the Pacific Island Countries (PICs), drawing on research undertaken through the IRC-MSCA CAROLINE project ‘Leave No One Behind: Developing Climate-Smart/Disaster Risk Management Laws that Protect People in Vulnerable Situations for a Comprehensive Implementation of the UN Agenda 2030.’
- ItemSolidarity in the Case Law of the European Court of Justice(Cambridge University Press, 2020-07) Schiek, Dagmar; Petersen, H.; Krunke, H.; Manners, I.Since the EU treaties constitute solidarity as one of the EU’s fundamental values (Articles 2, 3 (2) TEU). In a community of law, the validity of this value depends on its capacity as a legal principle. This chapter asks what, if anything, the case law of the Court of Justice (ECJ) contributes to the discursive exegesis of solidarity as a principle of EU Constitutional Law. In order to answer this question, it offers an empirical analysis of the Court’s case law framing the notion of solidarity, providing a unique database evaluating all 122 cases elaborating on the concept. The analysis distinguishes three categorial types of solidarity (solidarity as charity, as mutual obligation and as risk mitigation) and three functional types of solidarity (embedding individual rights, embedding the Internal Market, rejecting limiting effects of national solidarity). The chapter identifies a number of missed opportunities, and a high degree of inconsistency. A more assertive and consistent approach to solidarity could, however, contribute to supporting a more inclusive constitutional discourse on European integration than the mere reliance on liberal constitutional principles.
- ItemBrexit and the implementation of the withdrawal agreement(Oxford University Press, 2021-10-30) Schiek, DagmarThe Agreement on the UK’s withdrawal from the EU of January 2020 should focus on dissolution, while the future relationship is governed by the yet to ratify Trade and Cooperation Agreement of December 2020. Yet, continuing bonds impact on the future, most prevalent in the situation of EU citizens who moved to the UK and UK citizens who moved to the EU, relying on the continuity of the UK’s EU membership, and the necessity of managing the hybrid position of Northern Ireland and its people, which is protected by the Belfast Good Friday Agreement. Part Two of the Withdrawal Agreement and the Protocol on Ireland / Northern Ireland retain some EU citizenship rights and Northern Ireland’s access to the EU Internal Market for goods. Implementing those remnants of EU membership constitutes a permanent struggle. This chapter elaborates the ensuing difficulties and concludes with practical proposals how to alleviate negative repercussion.