E-commerce is redefining the landscape of ASEAN economy. Nevertheless, the prospect for a sustainable growth of ASEAN e-commerce would be dismal unless states maintain a clear and predictable legal framework for e-commerce. The primary focus of this research is electronic signature law, one of the most foundational areas in e-commerce legislation. The paper specifically selects...
The risks of “securitization“ of climate change
Focusing on the legal tools against climate change, there are instruments that may be used when a sudden and unpredictable event happens. They are commonly known as emergency measures. There are some cases in which the emergency measures are effectively the only instruments able to face an urgent event, but there is an actual risk...
The Requisition of Property and Housing Emergency. An Unforeseen New Tool for Social Policies?
The requisition of property is an old legal tool, born in wartime: it was used by military authorities to provide houses, food, and any other kind of support for their troops. During the 20th Century this provision surprisingly extended its boundaries: from a wartime and extraordinary power, it becomes ordinary and it was accorded to...
The Right of Secession in International Law Reconsidered
The paper seeks to critically review the right of secession in international law. In several states around the world, various ethnic-nationalities and peoples often demand the right to determine their common political destinies. But these demands are frequently denied or crushed by states in defence of the traditional principle of territorial sovereignty. Given these contrasting...
The Right to Justification in EU Security Context
A scholarly debate has recently emerged on the need to conceptualize justice at the EU level. In this debate, justice (and injustice) are seen as the key to understanding the EU project and, as such, as a unifying value of the EU. A connection is then required between the aspiration for justice and that of...
The republican core of the case for judicial review
In this paper, I argue that Philip Pettit‘s republican conception of democracy offers the basis of a compelling normative justification for the institution of judicial review that is distinctive from the mainstream legal constitutionalist justifications and (contra Richard Bellamy), that accounts for the main objections of political constitutionalists. The paper seeks to connect this general...
The psychology of constitutional identity jurisprudence
Like other decision-making processes in which human beings are involved, judicial decision-making is subjected to certain biases that run counter the rationality assumption. A particularly visible and far-reaching example of this phenomenon can be found in the jurisprudence of domestic constitutional courts, particularly in the context of their interaction with the CJEU and with constitutional...
We the People: These United Divided States
Focusing on U.S. federalism debates in the context of climate change and sanctuary jurisdictions, this paper argues that the federal government‘s approach to these inherent transnational concerns represents classic political market failures. Extending John Hart Ely‘s notion of addressing such failures – from Democracy and Distrust – the paper examines a dynamic overlooked by both...
Visualizing Privacy? Converting GPS information via Computer Mapping
In this paper, I examine how maps can play – or fail to play – a role in processing spatial information in legal environment. Digital cartography, especially GIS with GPS, has lately been getting more attention among public administrators as an ideal tool for effective governance. With its multiple functionalities, such as digital coding capabilities,...
Unamendability for Constitutionality
Constitutional unamendability has recently found justifications that show reverence to constituent power. Such justifications ascribe natural unamendability to the fundamental principles based on democratic founding. These accounts overlook the point of having a constitution and the values that make up constitutionality. In grounding unamendability, they wrongly take constituent power instead of constitutionality as their point...