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Full-Text Articles in Law
The Right To An Effective Remedy For Victims Of Trafficking In Persons: A Survey Of International Law And Policy, Anne T. Gallagher
The Right To An Effective Remedy For Victims Of Trafficking In Persons: A Survey Of International Law And Policy, Anne T. Gallagher
Anne T Gallagher
Remedies are a critical aspect of the international legal response to trafficking, confirming the status of trafficked persons as victims of crime and victims of human rights abuse. Over the past decade, States and the international community have come to better understand the true consequences of trafficking – an essential prerequisite to consensus on what constitutes ‘effective” and “appropriate’ remedies for trafficking-related harm. There have also been great improvements in the articulation and acceptance of legal obligations owed by States to prevent and respond to such harm. Unfortunately, and despite this important progress, victims of trafficking very rarely receive the …
The Obligation Of Prevention And Reduction As An Essential Obligation For State Responsibility For Environmental Damage Caused By Nuclear Activities, Sayed Mohamed Mohamed Zeidan
The Obligation Of Prevention And Reduction As An Essential Obligation For State Responsibility For Environmental Damage Caused By Nuclear Activities, Sayed Mohamed Mohamed Zeidan
Sayed Mohamed Mohamed Zeidan
The aim of this article is to discuss the legal basis of the principle of prevention as customary and general principle of international law and its effectiveness to be the basis for State responsibility to prevent and reduce environmental nuclear damage. The principle of prevention is a fundamental principle in international law for the protection of the environment. According to international law, the State has the right to conduct nuclear activities for peaceful purposes, but this right is not absolute and restricted by the fact that it has not to cause damage to other States and the global environment. The …
Democratization Of The International Law, Timur R. Korotkiy
Democratization Of The International Law, Timur R. Korotkiy
Timur R. Korotkiy
The article deals with the processes of democratization of international law, the establishment of democracy in the international legal system. Aside from that in the article explores the issues embodied in international law principles and norms containing liberal- democratic values, the development of international legal mechanisms for the establishment, maintenance and development of democratic institutions in the states and prevention of emergence and existence of undemocratic regimes, democratization of international rule-making procedures and enforcement of norms.
Deconstructing Transnationalism: Conceptualizing Metanationalism As A Putative Model Of Evolving Jurisprudence, Paul Enríquez
Deconstructing Transnationalism: Conceptualizing Metanationalism As A Putative Model Of Evolving Jurisprudence, Paul Enríquez
Paul Enriquez
This Article builds upon Philip C. Jessup’s revolutionary scholarship to pave new pathways for interdisciplinary research and expand the normative constitutional framework of universal human problems. To that end, this Article ties American constitutional theory to the new era of international globalization and provides context that facilitates the discussion of racial and ethnic diversity in education from a domestic and international perspective. By arguing for compelling treatment of diversity in elementary and secondary learning institutions, this Article introduces a new theory of constitutional interpretation vis-à-vis international law. This theory, called metanationalism, rejects Harold Koh’s theory of transnationalism and demonstrates that …
Women And Private Military And Security Companies, Ana Filipa Vrdoljak
Women And Private Military And Security Companies, Ana Filipa Vrdoljak
Ana Filipa Vrdoljak
Lack of clarity about the application of international law norms and inadequacies of existing regulatory regimes covering private military and security companies have reinforced concerns about transparency and accountability in respect of gender-related violence, harassment and discrimination. This chapter focuses on the main issues and legal concerns raised by the impact of the privatisation of war on women, both as PMSC employees and civilians. Part I highlights how armed conflict, civil unrest, occupation and transition have a detrimental effect upon the lives of women with particular reference to safety, displacement, health and economic disadvantage. Part II provides a summary of …
Ecological Considerations Relating To The Destruction Of Chemical Weapons, Aldo Zammit Borda
Ecological Considerations Relating To The Destruction Of Chemical Weapons, Aldo Zammit Borda
Aldo Zammit Borda
The Chemical Weapons Convention (CWC) not only establishes a global ban on the development of chemical weapons (CW), it also establishes an international obligation on possessor States to destroy their CW and production facilities. This is a central and mandatory obligation of the CWC, which aims at securing a world free of CW. In view of the risks posed by CW to human health and the environment, the obligation to destroy CW may be seen as directly connected to the right to a healthy environment. While the CWC seeks to set high standards for ensuring the safety of people and …
Eastphalia As A Return To Westphalia, Tom Ginsburg
Eastphalia As A Return To Westphalia, Tom Ginsburg
Tom Ginsburg
Prognosticators of the international scene have focused on two claims on which there is broad agreement: First, globalization is producing deep integration among nations, moving in the direction of quasi-constitutional global governance; and, second, Asia will significantly influence the world in decades to come. These two claims are in tension with each other. Asian countries have hardly been leaders in deep integration of the constitutionalist variety, though they have been effective participants in globalized markets. Projecting forward, one expects an Asia-dominated international law to emphasize traditional concerns of sovereignty, non-interference, and mutual cooperation rather than the constitutionalist vision of supranational …
A Dark Descent Into Reality: The Case For An Objective Definition Of Torture, Michael W. Lewis
A Dark Descent Into Reality: The Case For An Objective Definition Of Torture, Michael W. Lewis
Michael W. Lewis
Abstract The definition of torture is broken. The malleability of the term “severe pain or suffering” at the heart of the definition has created a situation in which the world agrees on the words but cannot agree on their meaning. The “I know it when I see it” nature of the discussion of torture makes it clear that the definition is largely left to the eye of the beholder. This is particularly problematic when international law’s reliance on self-enforcement is considered. After discussing current common misconceptions about intelligence gathering and coercion that are common to all sides of the torture …
Una Aproximación Al Debate Democrático En Derecho Internacional, Ignacio De La Rasilla Del Moral
Una Aproximación Al Debate Democrático En Derecho Internacional, Ignacio De La Rasilla Del Moral
Ignacio de la Rasilla del Moral, Ph.D.
Taking as it starting point a critical introduction to the democratic debate in international law, the object of the present work is that of contributing to the critical development of an appropiate methodology for the exam of the normative pretension according to which the international legal order would be developing within itself a particular conception of the liberal State. Such a conception would be premised in the gradual emergence of an international legal obligation that would command the development within every sovereign state of institutions of democratic governance, thus marking the transition from the paradigm of equivalence of domestic political …