: Should the heritage of justice be considered a “dark heritage”? The questions raised in this new issue of Criminocorpus journal in the context of the project’s 20 th anniversary celebrations in 2023 are in line with its long-standing willingness to promote the creation of a museum of justice in France to showcase the entire judicial world and penal chain; a unifying place that could bring together all institutional memories and would be both scientifically demanding and open to the public. The first virtual groundwork was laid in 2016 as we launched the first online digital museum dedicated to the history of justice. Since then, the editorial policy of Criminocorpus has always remained in line with this perspective . The question of the relationship between historians of justice and the notion of heritage was raised as early as the 1990s, when Jean-Claude Vimont set a few milestones pleading in favor of studying the penal heritage of Haute-Normandie by questioning his own
: Is an employee permitted to record a conversation without the employer’s knowledge? This paper will first outline the relevant case law on the admissibility of clandestine recordings obtained by the employer without the employee’s knowledge. It will then be followed by an examination of a recent case to determine whether the previously articulated principles apply mutatis mutandis . Finally, it will provide a critical analysis of the broader implications of such a solution in employment
: The article examines the transfer of legal ideas from the U.S.A. to Germany in the long 19 th century. On the one hand, actors and paths of knowledge transfer are described. On the other hand, selected examples are used to examine which North American ideas, texts, and experiences were perceived and discussed in Germany. It is shown that two phases with different emphases of reception must be distinguished, namely a first phase from the 1830s to the 1850s and a second phase around the turn of the 20 th
: The Australia-Tuvalu Falepili Union Treaty is the world’s first bilateral agreement regarding climate migration, which is important to the Australia-New Zealand-Pacific region and to the international community. Through the perspectives of the nexus of migration and security and legal doctrinal analysis, this legal column critically reviews articles 3 (human mobility) and 4 (security and defence) of the Treaty and Australia’s recently adopted immigration regulations. It argues that the guiding principles underlying the Treaty are human security for Tuvaluan people and national security for Australia, which might not always be
: Cet article concerne la résiliation d’un contrat de travail à l’initiative du salarié en Russie. Dans une première partie, il s’intéresse à la procédure accompagnant la démission, ainsi que les conséquences de son non-respect. La seconde partie examine les cas de démission avec le vice de consentement du salarié et leurs conséquences. La présente étude est basée sur les résultats des analyses de la jurisprudence des Cours d’appel et de cassation sur la période de 2012 à 2023. This article focuses on the termination of a labour contract on the employe’s initiative (resignation) in Russia. In the first part, the authors describe the procedure accompanying the resignation, as well as the consequences of its non-compliance. In the second part, the authors examine cases of resignation without the employee’s will and their consequences. The article is based on the results of analyses of case law of appeal and cassation courts for the period from 2012 to
: In 2022 the Human Rights Committee (HRC) held three sessions and considered the reports of Ethiopia, Japan, Kyrgyzstan, Nicaragua, Philippines, Russian Federation, China (Hong Kong), China (Macau), Georgia, Ireland, Luxembourg, Uruguay, Bolivia, Cambodia, Iraq, Israel and Qatar . It analyzed the problems of forced labour, discrimination (particularly of women, Roma and disabled people), protection of the freedom of association and the restrictions of the right to strike. The Committee on Economic, Social and Cultural Rights (CESCR) held two sessions and adopted the concluding observations in respect of Bahrain, Belarus, Czech Republic, Democratic Republic of the Congo, Serbia, Uzbekistan, El Salvador, Guatemala, Italy, Luxembourg, Mongolia and Tajikistan . It focused, in particular, on the issues of minimum wage, discrimination and unemployment. Provided the wide scope of the concluding observations, we will first focus on the topic of business and human rights, then on the issue of
: Despite the increase in girls’ schooling and their performance first at school and then at university compared with men, young women are discriminated against in employment in Tunisia. Beyond differences in physical, age, social and economic conditions, all women suffer discrimination simply because they are women. Not to mention the cascading discrimination based on disability, social origin and nationality, young women are the most exposed to the danger of violence, economic exploitation and even human trafficking. However, in the aftermath of the Revolution, politicians became aware of the need to speed up the establishment of gender equality. However, the various legal texts adopted have not been effective and have only partially changed the reality for young women, including in the workplace. Despite the measures taken to promote de facto equality in the labour market, persistent discrimination against young women hinders their access to employment on an equal footing with
: The implications for employment law of the rise in numbers of people working in the Gig Economy have received significant attention in many countries in recent years. The changing nature of employment in a digital era has given rise to uncertainty regarding some of the core features of the traditional employment relationship. Thus, the employment status of those working in what is considered non-standard employment such as casual workers or those in the gig economy, has been tested through the courts on numerous occasions, with varying outcomes. Central to such cases is determining whether or not an employment relationship exists, notably whether individuals should be considered employees under a contract of service or independent contractors under a contract for service (or some intermediary category such as « worker status » as in the UK for example). Determining employment status is often the first step in cases, as the application of employment law, employee rights and other
: Muriel Cohen’s book contributes to a burgeoning scholarship about Algerians’ place in France in the 20th century. It is part of a historiography that grapples with France’s troubled and troubling history as an imperial nation state. Cohen identifies her goal “to bring out the uniqueness of Algerian family immigration” by considering both their interaction with the state and the “multiple pathways” they took (p. 22). In other words, she reminds us that Algerians’ experiences have been more diverse than depictions—in the media and in political circles—have allowed. Cohen’s work traces the medium durée (p. 19) from the end of World War II through the early Mitterrand administration. It builds on previous scholarship. Structurally, the book has three sections which follow chronologically. The first examines the period of the Algerian War for Independence (1954-1962). Her chapters focus on key problems the French administration identified—housing, social services, and education—via a
: This article analyses the links between the recruitment of new generations of smugglers and storytelling of the nocturnal “adventures” of former smugglers in Djibouti. Such accounts make it possible to study the imaginaries and discourses of success surrounding the figure of smuggler. To do this, the article draws on a corpus of stories collected from various actors (smuggler, official, henchman), with each account highlighting the various praiseworthy qualities of such a figure. However, this positive vision of an outlaw should be considered against the backdrop of the Djiboutian political context, characterised by, on the one hand, the privatisation of state rents by a micro-elite, and, on the other hand, the marginalisation and impoverishment of part of the population. This situation has two consequences. First, it means that the smuggler indirectly represents a political figure of protest in an authoritarian context. Second, these stories have a direct impact on the recruitment
: Interviewing people who have been tried, convicted, or acquitted for atrocity crimes is an incredibly difficult undertaking, potentially even dangerous. Not so much because these individuals still pose a threat, but because of the risks involved in traveling through countries with non-existent traffic rules, or because of the reputational risks for the researcher involved. In an academic field brimming with high moral expectations (“end impunity, end mass crimes”), who dares to speak to these “monsters” in the first place? Damien Scalia, professor in criminal law at the Université libre de Bruxelles, did just that. The impressive War Criminals on Trial: An Inside View of the International Criminal Justice System is a testament to his ambitious endeavor of speaking to war criminals. Over a period of fifteen years, he conducted interviews with more than sixty individuals prosecuted for war crimes, crimes against humanity, and genocide. Across different continents, he spoke to both
: Interviewing people who have been tried, convicted, or acquitted for atrocity crimes is an incredibly difficult undertaking, potentially even dangerous. Not so much because these individuals still pose a threat, but because of the risks involved in traveling through countries with non-existent traffic rules, or because of the reputational risks for the researcher involved. In an academic field brimming with high moral expectations (“end impunity, end mass crimes”), who dares to speak to these “monsters” in the first place? Damien Scalia, professor in criminal law at the Université libre de Bruxelles, did just that. The impressive War Criminals on Trial: An Inside View of the International Criminal Justice System is a testament to his ambitious endeavor of speaking to war criminals. Over a period of fifteen years, he conducted interviews with more than sixty individuals prosecuted for war crimes, crimes against humanity, and genocide. Across different continents, he spoke to both
: Ce premier dossier de la revue Balisages explore la confrontation entre objets nativement numériques - hybrides, structurellement instables, complexes, dynamiques - et logiques documentaires (collecte, description, classification, partage, diffusion, conservation et archivage). L’objectif de ce dossier est donc de mettre en évidence les permanences et renouvellements à l’œuvre dans cette confrontation. Les six textes réunis contribuent ainsi à esquisser quelques grandes lignes des dynamiques à l’œuvre dans les approches documentaires autour de ces objets nativement numériques, composites et fluides, entre balisages traditionnels, nécessaires adaptations et innovations socionumériques. This first issue of the journal Balisages explores the confrontation between natively digital objects - hybrid, structurally unstable, complex, dynamic - and documentary logics (collection, description, classification, sharing, dissemination, conservation and archiving). The aim of this dossier is therefore to highlight the per[...]
: Le dossier thématique du troisième numéro de Balisages questionne les données au prisme du territoire. Mobiliser la notion de territoire numérique pour caractériser le cyberespace, défini comme un espace numérique construit par l’ensemble des systèmes d’information planétaires (Musso, 2008) et des données qui le constituent, ouvre la voie à de nombreuses hypothèses de recherche. Le territoire numérique a-t-il un potentiel heuristique pour étudier le cyberespace comme système de données ? Quels seraient les savoirs constitutifs du ou des territoires numériques ? Enfin, l’expérience du cyberespace, telle qu’elle est vécue par les cybernautes, structure-t-elle et détermine-t-elle la notion de territoire numérique ? The concept of digital landscape is mainly used to refer to town and country planning projects using digital networks and data collection and processing projects related to a geographical space (town, city, etc.). In other words, the digital landscape is often reduced to a digitally accompanied te[...]