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Articles 1 - 15 of 15
Full-Text Articles in Law
Out Of Tune And Out Of Time: The Relationship Between Australia’S International Obligations And Australian Constitutionalism And Why It Matters To Our Identity In The Asian Century, Danielle Ireland-Piper
Out Of Tune And Out Of Time: The Relationship Between Australia’S International Obligations And Australian Constitutionalism And Why It Matters To Our Identity In The Asian Century, Danielle Ireland-Piper
Danielle Ireland-Piper
The constitutionalism of a nation says much about its national identity. Sections 25 and 51(xxvi) of the Australian Constitution are at odds with Australia’s international obligations under the United Nations Declaration of Human Rights, and the International Covenant on Civil and Political Rights. Further, Australia’s current asylum seeker policy is a perversion of our obligations under the Convention relating to the Status of Refugees. These failures to comply with our international obligations are at best, relics of a racist colonial history, and at worst, manifestations of our contemporary national identity. Whilst some may argue that there are other states in …
Doug Cassel Was A Participant In The Expert Roundtable Business In Human Rights Event At The Notre Dame London Law Centre On December 8, 2014., Doug Cassel
Douglass Cassel
Doug Cassel was a participant in the Expert Roundtable Business in Human Rights event at the Notre Dame London Law Centre on December 8.
The Life And Times Of Targeted Killing, Markus Gunneflo
The Life And Times Of Targeted Killing, Markus Gunneflo
Markus Gunneflo
Against the background of the ongoing shift in the perception of the legality and legitimacy of extraterritorial lethal force in counterterrorism, my doctoral thesis analyses the emergence of so-called “targeted killing” in the history of Israel and the US, as well as in international law. It finds that the relationship between targeted killing and law, particularly international law, is not a straightforward case of more or less determinate and legally binding norms being applied to state measures adopted in situations of insecurity (in this case, those of the second Intifada and 9/11) but rather one of a much longer and …
U.S.-Latin American Free Trade Agreements And Access To Medicine, Dominique Lochridge-Gonzales
U.S.-Latin American Free Trade Agreements And Access To Medicine, Dominique Lochridge-Gonzales
Dominique Lochridge-Gonzales
U.S.-Latin American Free Trade Agreements and Access to Medicine analyzes the effects of FTA provisions on access to medicine. Access to medicine lies at the heart of the crossroads between the international human right to health and international intellectual property law delineated in TRIPS. True availability of essential medicines to millions of people depends on a balance between the formations of these medicines in the first place (through rewarding innovation) and promulgating rules that allow for practicable access to those medicines. FTAs provide a method for implementing the right to health by fostering practicable access to essential medicines in the …
Dignity Rights: Courts, Constitutions, And The Worth Of The Human Person, Erin Daly
Dignity Rights: Courts, Constitutions, And The Worth Of The Human Person, Erin Daly
Erin Daly
The right to dignity is now recognized in most of the world's constitutions, and hardly a new constitution is adopted without it. Over the last sixty years, courts in Latin America, Europe, Asia, Africa, the Middle East, and North America have developed a robust jurisprudence of dignity on subjects as diverse as health care, imprisonment, privacy, education, culture, the environment, sexuality, and death. As the range and growing number of cases about dignity attest, it is invoked and recognized by courts far more frequently than other constitutional guarantees. Dignity Rights is the first book to explore the constitutional law of …
The Future Of Universal Jurisdiction In The New Architecture Of Transnational Justice, Diane Orentlicher
The Future Of Universal Jurisdiction In The New Architecture Of Transnational Justice, Diane Orentlicher
Diane Orentlicher
In this essay the author addresses several issues raised by emerging trends in the use of universal jurisdiction. She argues that recent developments raise concerns about how jurisdictional authority should be allocated among states as well as between officials of states and officers of international tribunals. Growing recourse to universal jurisdiction raises questions about whose claim should receive priority when more than one court seeks to prosecute an individual for the same crime. The question has been further complicated by the emergence of a new breed of court, such as the Special Court for Sierra Leone, which is shaped by …
Dignity, Sovereignty, Human Rights And The State: Disinterring Forgotten Relationships, Maxwell O. Chibundu
Dignity, Sovereignty, Human Rights And The State: Disinterring Forgotten Relationships, Maxwell O. Chibundu
Maxwell O. Chibundu
No abstract provided.
The Duty Of Treatment: Human Rights And The Hiv/Aids Pandemic, Noah B. Novogrodsky
The Duty Of Treatment: Human Rights And The Hiv/Aids Pandemic, Noah B. Novogrodsky
Noah B Novogrodsky
This article argues that the treatment of HIV and AIDS is spawning a juridical, advocacy and enforcement revolution. The intersection of AIDS and human rights was once characterized almost exclusively by anti-discrimination and destigmatization efforts. Today, human rights advocates are demanding life-saving treatment and convincing courts and legislatures to make states pay for it. Using a comparative Constitutional law methodology that places domestic courts at the center of the struggle for HIV treatment, this article shows how the provision of AIDS medications is reframing the right to health and the implementation of socio-economic rights. First, it locates an emerging right …
A Charade Of Change: Qisas And Diyat Ordinance Allows Honor Killings To Go Unpunished In Pakistan, Stephanie Palo
A Charade Of Change: Qisas And Diyat Ordinance Allows Honor Killings To Go Unpunished In Pakistan, Stephanie Palo
Stephanie Palo
This article begins with the story of Samia Sarwar. At age 17, Samia was forced to marry her cousin by arranged marriage. After enduring years of abuse, she hoped to obtain a divorce and sought the advice of her parents. Instead of advice, her parents threatened her life. While her parents were making their Hajj pilgrimage, Samia fled and met with human rights lawyer, Hina Jilani. While visiting in her offices, Samia was shot dead by an assassin hired by her parents.
Even though there is no doubt that Samia Sarwar was murdered, the current law in Pakistan has allowed …
Flyktingstatus - En Marginaliserad Resurs I Svensk Asylrätt, Aleksandra Popovic
Flyktingstatus - En Marginaliserad Resurs I Svensk Asylrätt, Aleksandra Popovic
Aleksandra Popovic
No abstract provided.
Mänskliga Rättigheter Och Europakonventionen, Aleksandra Popovic
Mänskliga Rättigheter Och Europakonventionen, Aleksandra Popovic
Aleksandra Popovic
No abstract provided.
Differing Conceptions Of Development And The Content Of International Development Law, Daniel D. Bradlow
Differing Conceptions Of Development And The Content Of International Development Law, Daniel D. Bradlow
Daniel D. Bradlow
International development law is the branch of international law that deals with the rights and duties of states and other actors in the development process. Its original content was premised on a particular generally accepted understanding of development. Under the pressure of the problems of development that arose during the 1970s and 1980s, this general agreement on the key issues in development disintegrated. As a consequence, the consensus on the content of international development law also began to break down. Today, there are competing idealized views of development that shape the current debate about both development, and the content of …
Buffalo's "Prophet Of Protest": The Political Leadership And Activism Of Reverend Dr. Bennett W. Smith, Sr., Sherri Wallace
Buffalo's "Prophet Of Protest": The Political Leadership And Activism Of Reverend Dr. Bennett W. Smith, Sr., Sherri Wallace
Sherri L. Wallace
Litigating The International Law Of Human Rights In The United States Courts: Siderman V. Republic Of Argentina, Michael Bazyler
Litigating The International Law Of Human Rights In The United States Courts: Siderman V. Republic Of Argentina, Michael Bazyler
Michael Bazyler
No abstract provided.
Litigating The International Law Of Human Rights: A 'How To' Approach, Michael Bazyler
Litigating The International Law Of Human Rights: A 'How To' Approach, Michael Bazyler
Michael Bazyler
No abstract provided.