Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 5 of 5
Full-Text Articles in Law
The International War Crimes (Tribunal) Act, 1973 Of Bangladesh, Zakia Afrin
The International War Crimes (Tribunal) Act, 1973 Of Bangladesh, Zakia Afrin
Publications
Bangladesh earned her independence from Pakistan in 1971 after a bloody war that continued for nine months. By December 16 of 1971, the day Bangladesh declared victory, an estimated 30 million people died and 200,000 women reported sexual violence by the Pakistani Army and their Bengali accomplices. Known as one of the worst genocide in history, the systematic killing of Bengalis included a chilling attempt to exterminate the intellectuals from within Bangladeshi society. A published report claims that by 19 April, 1975 individuals were arrested for war crimes and 752 were convicted. After the assassination of the country’s first Prime …
Transformative Constitutionalism In South Africa: Creative Uses Of Constitutional Court Authority To Advance Substantive Justice, Eric Christiansen
Transformative Constitutionalism In South Africa: Creative Uses Of Constitutional Court Authority To Advance Substantive Justice, Eric Christiansen
Publications
In this Article, I will first discuss some easily overlooked constitutional tools for promoting greater social justice: the procedural provisions of the South African Constitution related to jurisdiction, access, remedies and constitutional interpretation. Following that, I will use three recent Constitutional Court cases to demonstrate the Court's creative (and promising) use of its judicial authority to advance substantive justice. By way of conclusion, I will elaborate on the meaning of these recent developments for the transformative agenda of South Africa and for other nations.
From Violence Against Women To Women's Violence In Haiti, Benedetta Faedi Duramy
From Violence Against Women To Women's Violence In Haiti, Benedetta Faedi Duramy
Publications
Much of the current scholarship, as well as international policy studies focusing on civil conflicts and armed violence, has primarily construed women as victims and men as perpetrators of violence. Although this prevalent interpretation certainly reflects conventional wisdom and tells part of a true war story, the remainder, which has been very much less publicized and addressed, also perceives women as participants in violence and men occasionally as victims. This Article joins the chorus of scholars that have only recently begun to highlight the flaws of this common belief and conversely, describe female participation in conflict and armed violence, often …
A Cinderella Story: ‘Judicial Cooperation In Civil Matters’ Meets The Prince. Review Article Of Eva Storskrubb, Civil Procedure And Eu Law: A Policy Area Uncovered, Helen E. Hartnell
A Cinderella Story: ‘Judicial Cooperation In Civil Matters’ Meets The Prince. Review Article Of Eva Storskrubb, Civil Procedure And Eu Law: A Policy Area Uncovered, Helen E. Hartnell
Publications
No abstract provided.
The Challenges Of Climate Change Regulation For Governments On The Political Left: A Comparison Of Brazilian And United States Promises And Actions, Colin Crawford, Solange Teles Da Silva, Kevin Morris
The Challenges Of Climate Change Regulation For Governments On The Political Left: A Comparison Of Brazilian And United States Promises And Actions, Colin Crawford, Solange Teles Da Silva, Kevin Morris
Publications
At the December 2009 United Nations Climate Change Conference in Copenhagen, as is now well known, the parties failed to agree on any detailed course of action, much less enter into a binding agreement to control carbon emissions. However, four developing countries, Brazil, China, India and South Africa, formed a working group now known as "BASIC," and promised to try and resolve at least one key sticking point. Specifically, the BASIC countries brokered an accord with the United States under which both developing and more developed nations would later submit carbon emissions target cuts.