Dear Esteemed Readers,
For some of us the academic year has already started, for some of us it is right around the corner; some will teach online, some will teach in person, some will do both; some will have the freedom of a sabbatical, and regret travel restrictions, some are in the middle of the application process to enter academia; wherever you are, whatever your mode of teaching or research will be, whatever position you are in professionally, the latest issue of the German Law Journal is there for all of you and offers some great and maybe distracting reading (something almost everyone is probably grateful for in these extraordinary times).
Issue 21.6 is, again, full of top-notch research from various fields of law, covering Criminal Law, European Law, Public International Law, and Transnational Law.
But before you dive into this marvelous collection of legal scholarship, we would like to draw your attention to a new feature of the GLJ: Our “From the Headquarters” Editorial. Every once in a while, we will use this format to share with you what happens “inside” the GLJ. As you know, we feel close to you, our readers, and wish to keep you up to date with developments of the Journal. The Editorial makes two exciting announcements – the introduction of a “voluntary article processing charge” as a means to support our no-barriers Open Access journal; and the addition of a video & podcast series to accompany and enrich our content formats – starting in a few weeks’ time. For details see the Editorial – and stay tuned!
In terms of scholarly content, the issue we are delivering to you opens with an article on consensual elements in German criminal trials. Matthias Jahn and Charlotte Schmitt-Leonardy shed light on this very much debated topic in German Criminal procedure and turn our attention to the challenges and risks of a potential imbalance of power that could arise as a result of the structure of inquisitorial proceedings, if consensual elements gain momentum.
The article by Christian Calliess and Ansgar Baumgarten tackles the issues arising around cyber security in the financial sector. So far, the legal aspects of this field are “understudied” – and we are happy that the authors familiarize our readers with the legal aspects of cyber security in the financial sector, pointing out key elements for an effective cyber security regulation and reforms needed to protect the financial sector from cyber attacks.
Georgios Anagnostaras shows the obstacles and challenges the Common European Asylum System faces with regard to establishing the Member State responsible for examining an application for international protection, and why it fails to balance the principle of mutual confidence with fundamental rights of asylum seekers.
Zoe Cometti analyses the role of international investment law in protecting societies from the negative effects on food security, minority groups, and the environment due to large-scale investments in farmland. She offers a potential public interest clause that would balance all interests at stake.
Malthe Hilal-Harvald criticizes the judicial review of laws, restricting the use of face veils and headscarves in western democracies. In his opinion, the courts too easily adopt the logic and rhetoric of militant democracy used by policy-makers to legitimate the restriction of the fundamental right of religious freedom.
Peter Takács attends to the naming system of states based on country names – a topic you probably haven’t come across a lot. In his study, he traces the complex approach of linguistics, geography, and theory of state in order to determine which aspects to consider when naming a state.
Last but not least Jie (Jeanne) Huang discovers the challenges that arise in transnational contexts due to different domestic responses to the protection of personal data. Her article demonstrates the importance of the need to identify the applicable law for transnational cases regarding the protection of personal data.
We sincerely hope that with this issue we will be able to live up to your (and our) expectations and wish you happy reading!
Emanuel V. Towfigh
on behalf of the Editors of the German Law Journal