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Full-Text Articles in Law
The Inter-American System And The Protection Of Indigenous Peoples’ Rights (Spanish)., Giovanna E. Gismondi
The Inter-American System And The Protection Of Indigenous Peoples’ Rights (Spanish)., Giovanna E. Gismondi
Giovanna E. Gismondi
The present article underscore the role of the Inter-American Commission and the Inter-American Court of Human Rights in regards to the protection of the rights of indigenous communities, including their right to lands, natural resources and a healthy environment. In this regard, the intervention of the human rights organs of the Organization of American States (OAS), has had a positive impact on the laws and policies of Latin American countries towards the protection of indigenous peoples' rights. The article discusses four cases that set the standards of the legal protection of indigenous communities within the Inter-American System for the protection …
Chain Reaction: How Property Begets Property, Sabrina Safrin
Chain Reaction: How Property Begets Property, Sabrina Safrin
Sabrina Safrin
Classic theories for the evolution of property rights consider the emergence of private property to be a progressive development reflecting a society's movement to a more efficient property regime. This article argues that instead of this progressive dynamic, a more subtle and damaging chain reaction dynamic can come into play that traditional theories for intellectual and other property rights neither anticipate nor explain. The article suggests that the expansion of intellectual and other property rights have an internally generative dynamic. Drawing upon contemporary case studies, the article argues that property rights evolve in reaction to each other. The creation of …
Email Service On Foreign Defendants: Time For An International Approach?, Anna Conley, David Stewart
Email Service On Foreign Defendants: Time For An International Approach?, Anna Conley, David Stewart
Anna Conley
No abstract provided.
Using Internet 'Borders' To Coerce Or Punish, Benjamin E. Brockman-Hawe
Using Internet 'Borders' To Coerce Or Punish, Benjamin E. Brockman-Hawe
Benjamin E. Brockman-Hawe
The prevailing ideology of the 1990’s reflected widespread dissatisfaction with the inadequacy and negative humanitarian consequences of broad multilateral economic sanctions.3 This in turn provoked a search on the part of NGO’s, states, UN agencies and academic institutions for an alternative sanctions approach that would remove the significant burden traditional economic sanctions placed on vulnerable segments of society while accomplishing the objectives for which they were imposed. The result of these cooperative efforts - the conceptualization and implementation of “smart” sanctions over the next decade - reformed the multilateral sanctions regime in fundamental ways. The agencies and procedures collectively instituted …
Tribal, State, And Federal Cooperation To Achieve Good Governance, Prof. Elizabeth Burleson
Tribal, State, And Federal Cooperation To Achieve Good Governance, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
Jurisdictional uncertainty affects tribal sovereignty and public safety. Management of natural resources remains one of the few realms of authority over which tribes have retained control. Ancient wild rice harvesting by the Chippewa provides a context in which to consider a tribes ability to set water standards, as does Pueblo ceremonial use of the Rio Grande River. Cooperative tribal, state, federal, and international responses to the Methamphetamine crisis can address both environmental and human health. This study examines the prospect for integrated protection of health and habitat based upon comity and cooperation. It examines the parameters of homeland security and …