Promises of Accession: Reassessing the Trade Relationship Between Turkey and the European Union

This Article reassesses the Turkey-European Union trade relationship in light of the doctrine of promissory estoppel. It argues that the European Court of Justice (ECJ) in Yedaş Tarim should have used more explicitly the doctrine of promissory estoppel as an equitable device to create liability for the potential detriment suffered by Turkey in relying on the promises made by Brussels. Through an overview of Turkey-European Union (E.U.) relations from the early 1950s until today, with particular attention to accession negotiations and the trade relationship between Turkey and the European Economic Community, this Article highlights the anomalous trade context that characterizes the unbalanced Turkey-E.U. relationship. The Author suggests understanding the Yedas Tarim litigation as a response to the disappointment of the Turkish elites, especially the ones who were most committed to Turkish membership in the European Union. While the Luxembourg courts might not be the most appropriate fora to clarify the costs and benefits of the E.U.-Turkey trade relationship, in Yedaş Tarim, the Courts lost the opportunity to assess the existence of major imbalances created by the obligations in the overall trade regime between Turkey and the E.U. By focusing on the reasons of the Turkish distrust towards Brussels, Yedaş Tarim marks an important shift of perspective towards the current debate on the Turkish membership to the E.U. In this respect, the Author suggests reassessing the macro-economic implications created by the Ankara Agreement, the Customs Union between the E.U. and Turkey and the promises of accession by Brussels vis à vis Turkish legal and political elites, local businesses at home and immigrant workers in Europe

Reparations: A Comparative Perspective

This article focuses on the treatment of reparations in recent jurisprudence of the European Court of Human Rights (ECHR) and the European Court of Justice (ECJ). In the so-called “prisoner cases,” Assanidze v. Georgia and Ilascu and Others v. Moldova and Russia, the ECHR moved beyond its previously limited approach to reparations by finding that continued detention of the lawsuit applicants would entail a prolonged violation of the Convention for the Protection of Human Rights and Fundamental Freedoms and then asking the States to immediately release the prisoners. The author then turns to ECJ immigration cases Zhu v. Sec’y of State for the Home Department and Jia v. Migrationsverket, in which the Court held that third country nationals have the right to stay in a member state of the European Union. The author shows that both courts addressed the issue of reparations in light of the restoration of rights by bringing the States into compliance with their treaty obligations. Both courts also demonstrated their willingness to move beyond mere monetary damages when dealing with reparations for the violation of fundamental rights by either directly addressing the States in order to force them to take action to stop the human right violation, or by indirectly modifying domestic immigration law regimes

The Balkanization of Data Privacy Regulation

The article explores the impact, in comparative terms, of the privacy legislation in Europe and in USA and proposes a new transatlantic model to be taken into consideration

Intimate Liability: Emotional Harm, Family Law, and Stereotyped Narratives in Interspousal Torts

Tort liability expanded in the twentieth century, a shift scholars generally attribute to the reorganization of tort law around the fault principle. In privileging compensation and deterrence, this reconfiguration ended various restrictions on liability, long viewed as arbitrary, including limits to the recovery for emotional harm and interspousal immunities. Tort and family law scholars alike portray the end of such immunities as a milestone for gender equality. Their elimination enables spouses and partners to secure compensation for emotional and physical abuse arising in intimate relationships. Yet, tort law is not operating in this way. On the contrary, by endorsing a family/ market distinction in private law, scholars have pushed intimate liability claims between spouses away from tort law and into family law. As a result, compensation for emotional harm is mostly actionable in tort when it occurs in the realm of the market rather than in the realm of the family. Today, intimate liability is left to the agendas of political reformers. Feminists on the left and social conservatives on the right are shaping the litigation on interspousal torts, but they have opposing political agendas. While feminists seek to create more gender equality and protect women both within and outside the marital bond, social conservatives seek to strengthen traditional family values by favoring married plaintiffs only. Both sets of reformers, however, care more about promoting their respective agendas than redressing the harm suffered by those who do not fit their stereotyped narratives. The current intimate liability regime has a class bias. Plaintiffs in upper-middle-class marriages can benefit from interspousal tort litigation, particularly during divorce proceedings, because they can pay for private liability insurance. Low- and middle-income married couples, who cannot afford such liability insurance, cannot bring these claims and instead are at the mercy of tort lawyers operating on contingency fees. Furthermore, unless litigation on emotional harm happens during the breakup of a marriage, it is almost impossible for non-married plaintiffs to recover damages. These include nonmarried partners, cohabitants, and same-sex couples. To overhaul such unequal outcomes, this paper suggests departing from a market/ family dichotomy in tort law. It advocates reconceptualizing intimate liability as a stand-alone tort remedy in order to deter abusive emotional behavior enabled by relationships in which economic and emotional dependency are deeply intertwined

Priorities and interactions of Sustainable Development Goals (SDGs) with focus on wetlands

Wetlands are often vital physical and social components of a country's natural capital, as well as providers of ecosystem services to local and national communities. We performed a network analysis to prioritize Sustainable Development Goal (SDG) targets for sustainable development in iconic wetlands and wetlandscapes around the world. The analysis was based on the information and perceptions on 45 wetlandscapes worldwide by 49 wetland researchers of the GlobalWetland Ecohydrological Network (GWEN). We identified three 2030 Agenda targets of high priority across the wetlandscapes needed to achieve sustainable development: Target 6.3-'Improve water quality'; 2.4-'Sustainable food production'; and 12.2-'Sustainable management of resources'. Moreover, we found specific feedback mechanisms and synergies between SDG targets in the context of wetlands. The most consistent reinforcing interactions were the influence of Target 12.2 on 8.4-'Efficient resource consumption'; and that of Target 6.3 on 12.2. The wetlandscapes could be differentiated in four bundles of distinctive priority SDG-targets: 'Basic human needs', 'Sustainable tourism', 'Environmental impact in urban wetlands', and 'Improving and conserving environment'. In general, we find that the SDG groups, targets, and interactions stress that maintaining good water quality and a 'wise use' of wetlandscapes are vital to attaining sustainable development within these sensitive ecosystems. © 2019 by the authors

Eunotiaceae (Bacillariophyceae) em igarapés da Amazônia Central, Manaus e Presidente Figueiredo, Brasil

Estudos florísticos e taxonômicos envolvendo diatomáceas são escassos para a região amazônica. As publicações existentes incluem registros de diatomáceas da Amazônia brasileira, do Equador, da Colômbia e do Peru e comumente mostram que Eunotia e Actinella (Eunotiaceae) são gêneros bem representados nessa região. A maioria dos igarapés amazônicos costuma apresentar potencial hidrogeniônico (pH) ácido, característica aquática que promove o desenvolvimento de uma comunidade típica de diatomáceas, dominada por espécimes de Eunotiaceae. O objetivo deste trabalho foi providenciar um levantamento florístico das espécies de Eunotiaceae presentes em igarapés da Amazônia Central brasileira e registrar os morfotipos de algumas espécies. Amostras fitoplanctônicas e perifíticas foram coletadas em cinco igarapés na rodovia BR-174, em Manaus e Presidente Figueiredo, em setembro e outubro de 1996 e fevereiro e março de 1997. Lâminas permanentes foram preparadas de acordo com a técnica de oxidação lenta para o estudo qualitativo. Vinte e três espécies pertencentes ao gênero Eunotia e seis ao gênero Actinella foram determinadas. Chaves dicotômicas de identificação, descrição detalhada, comentários relevantes e ilustrações foram providenciadas para cada táxon determinado. Morfotipos foram documentados para Eunotia zygodon. Espécies raramente citadas na literatura foram registradas, tais como, Eunotia falcifera e Eunotia rostellata.Floristic and taxonomical studies about diatoms to Amazonian region are commonly well represented by Eunotia and Actinella (Eunotiaceae). The available works include diatom assemblage from Brazilian, Ecuadorian, Colombian and Peruvian Amazonia. The local streams often present acid pH which provides environmental conditions to develop a very particular diatom community dominated by specimens of Eunotiaceae. Thus, the aim of this paper is to give a floristic survey of Eunotiaceae from central Amazonian rivers and to register the typical morphologic frustule variations of some species. Planktonic and periphytic samples were collected from five rivers located at the BR-174 highway, near Manaus and Presidente Figueiredo districts, during 1996 and 1997. Slides were prepared in accordance with the technique of slow oxidation for the qualitative determination. Twenty-three species of Eunotia and six of Actinella were identified. Dicotomic keys, taxonomic comments and photographic illustrations were added. Morphotypes of Eunotia zygodon were registered. Species scarcelly mentioned on diatom literature were registered, such as, Eunotia falcifera and Eunotia rostellata