Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2010

Human Rights Law

Institution
Keyword
Publication
Publication Type
File Type

Articles 1 - 30 of 523

Full-Text Articles in Law

Discourse Or Merely Noise? Regarding The Disagreement On Undocumented Migrants, Markus Gunneflo, Niklas Selberg Sep 2012

Discourse Or Merely Noise? Regarding The Disagreement On Undocumented Migrants, Markus Gunneflo, Niklas Selberg

Niklas Selberg

Drawing on Jacques Rancière’s theorising of the political, this article analyses the disagreement on undocumented migrants in recent legislation in Sweden and within the European Union as well as in Swedish labour union practice. Both the consensus understanding of the issue of undocumented migrants and the materialisation of dissensus through the political activities of undocumented migrants are studied. The aims of the article are: firstly, to show that undocumented migrants in Sweden engage in a political struggle that is not recognised as such, to analyse the structure or conditions of possibility of this non-recognition, and finally, to analyse the ...


Public Consultations On Net Neutrality 2010: Usa, Eu And France, Sulan Wong, Julio Rojas Mora, Eitan Altman Feb 2012

Public Consultations On Net Neutrality 2010: Usa, Eu And France, Sulan Wong, Julio Rojas Mora, Eitan Altman

Sulan Wong

The evolution of the Internet has come to a point where almost at the same time, governments all around the world feel the need for legislation to regulate the use of the Internet. In preparing the legislation, consultations were called by various governments or by the corresponding regulation bodies. We describe in this paper the various consultations as well as the background related to the Net Neutrality question in each case. Rather than describing the answers to each consultation, which are available and which have already been analyzed, we focus on comparing the consultations and the statistical figures related to ...


Asean Handbook On International Legal Cooperation In Trafficking In Persons Cases, Fiona David, Pauline David, Anne Gallagher Jan 2012

Asean Handbook On International Legal Cooperation In Trafficking In Persons Cases, Fiona David, Pauline David, Anne Gallagher

Fiona David

The crime of trafficking in persons is often transnational in both commission and effect. In contrast, criminal justice responses to trafficking in persons are typically structured and generally only operate within the confines of national borders. The disjuncture between the reality of transnational crime and the limits of national systems presents a significant challenge to the ability of States to effectively respond to trafficking in persons and related crimes.

This Handbook provides criminal justice agencies within the ASEAN region with an introduction to the key tools of international legal cooperation, specifically mutual legal assistance (including for recovery of proceeds of ...


Diritto Europeo Dei Contratti: Un'introduzione, Mauro Bussani, Marta Infantino Apr 2011

Diritto Europeo Dei Contratti: Un'introduzione, Mauro Bussani, Marta Infantino

Mauro Bussani

No abstract provided.


All Human Rights Are Equal, But Some Are More Equal Than Others: The Extraordinary Rendition Of A Terror Suspect In Italy, The Nato Sofa, And Human Rights, Chris Jenks, Eric Talbot Jensen Dec 2010

All Human Rights Are Equal, But Some Are More Equal Than Others: The Extraordinary Rendition Of A Terror Suspect In Italy, The Nato Sofa, And Human Rights, Chris Jenks, Eric Talbot Jensen

Faculty Scholarship

On November 4, 2009, an Italian court found a group of Italian military intelligence agents, operatives from the Central Intelligence Agency and a U.S. Air Force (USAF) officer guilty of the 2003 kidnapping of terror suspect Abu Omar. Thrown in a van on the streets of Milan, the abduction took Abu Omar from Italy to Egypt, where he was allegedly tortured and interrogated about his role in recruiting fighters for extremist Islamic causes, including the insurgency in Iraq. This essay posits that lost amidst politically charged rhetoric about Bush administration impunity and the “war on terror” is that the ...


Discrimination And Business Regulation (The Supreme Court And Local Government Law: The 1999-2000 Term), Eileen Kaufman Dec 2010

Discrimination And Business Regulation (The Supreme Court And Local Government Law: The 1999-2000 Term), Eileen Kaufman

Eileen Kaufman

No abstract provided.


The Correlation Between Law And Behaviour As Pillar Of Human Society, Amin George Forji Dec 2010

The Correlation Between Law And Behaviour As Pillar Of Human Society, Amin George Forji

Amin George Forji

Man by nature is a gregarious being both in his body and mind. In other words, he likes to live in a community. This explains the hackneyed adage that no man is an island. Instead he is a victim of social inevitability as he must as a matter of necessity willy nilly live in a society with other human beings rather than in isolation. For any society to survive or even exist, it must inescapably anchor itself on law, which in turn governs the behavior of members of the society in question, as well as their relations, their rights and ...


Hiv And Aids In Africa: Compulsory Licensing Under Trips And Doha Declaration, Ufuoma Akpotaire Dec 2010

Hiv And Aids In Africa: Compulsory Licensing Under Trips And Doha Declaration, Ufuoma Akpotaire

Ufuoma Barbara Akpotaire

In today’s world, there is a lot of focus on issues such as militancy, global warming, terrorism, racism and even politics. Unfortunately, there is a problem that has killed and is still killing far more people than any of the above issues. That problem is HIV/AIDS.

AIDS is a serious medical condition that predisposes patients towards opportunistic infecting tumors, dementia and death. HIV is the viral agent associated with AIDS. Africa is without doubt more heavily affected by HIV/AIDS than any other region of the world. Although Nigeria’s HIV/AIDS prevalence rate is still relatively low ...


Não Uma Outra República, A Nossa República, Outra, Paulo Ferreira Da Cunha Dec 2010

Não Uma Outra República, A Nossa República, Outra, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Porque é que as democracias nunca se defendem bem? E como não vêem alguns dos que, generosa ou utopicamente, advogam uma nova república (a que chamam IV, normalmente, contando como tal o salazarismo-caetanismo, que foi uma autocracia, logo não uma república, mesmo uma anti-república), estão objectivamente a levar água ao moinho dessa coisa-outra que pode ter fachada republicana (ou monárquica…), mas só poderia ser, de novo, uma autocracia?


Table Of Contents (Volume 86) Dec 2010

Table Of Contents (Volume 86)

International Law Studies

No abstract provided.


Introduction (Volume 86) Dec 2010

Introduction (Volume 86)

International Law Studies

No abstract provided.


Regime Change And The Restoration Of The Rule Of Law In Iraq, Raid Juhi Al-Saedi Dec 2010

Regime Change And The Restoration Of The Rule Of Law In Iraq, Raid Juhi Al-Saedi

International Law Studies

No abstract provided.


The International Humanitarian Law Classification Of Armed Conflicts In Iraq Since 2003, David Turns Dec 2010

The International Humanitarian Law Classification Of Armed Conflicts In Iraq Since 2003, David Turns

International Law Studies

No abstract provided.


Occupation In Iraq: Issues On The Periphery And For The Future: A Rubik's Cube Problem?, George K. Walker Dec 2010

Occupation In Iraq: Issues On The Periphery And For The Future: A Rubik's Cube Problem?, George K. Walker

International Law Studies

No abstract provided.


Counterinsurgency And Stability Operations: A New Approach To Legal Interpretation, Dale Stephens Dec 2010

Counterinsurgency And Stability Operations: A New Approach To Legal Interpretation, Dale Stephens

International Law Studies

No abstract provided.


Rule Of Law Capacity Building In Iraq, Richard Pregent Dec 2010

Rule Of Law Capacity Building In Iraq, Richard Pregent

International Law Studies

No abstract provided.


The Dark Sides Of Convergence: A Pro-Civilian Critique Of The Extraterritorial Application Of Human Rights Law In Armed Conflict, Naz K. Modirzadeh Dec 2010

The Dark Sides Of Convergence: A Pro-Civilian Critique Of The Extraterritorial Application Of Human Rights Law In Armed Conflict, Naz K. Modirzadeh

International Law Studies

No abstract provided.


Detention Operations In Iraq: A View From The Ground, Brian J. Bill Dec 2010

Detention Operations In Iraq: A View From The Ground, Brian J. Bill

International Law Studies

No abstract provided.


The Role Of The International Committee Of The Red Cross In Stability Operations, Laurent Colassis Dec 2010

The Role Of The International Committee Of The Red Cross In Stability Operations, Laurent Colassis

International Law Studies

No abstract provided.


Concluding Observations: The Influence Of The Conflict In Iraq On International Law, Yoram Dinstein Dec 2010

Concluding Observations: The Influence Of The Conflict In Iraq On International Law, Yoram Dinstein

International Law Studies

No abstract provided.


El Nuevo Trato Laboral Y La Mantención Del Status Quo, Sebastián Pizarro Dec 2010

El Nuevo Trato Laboral Y La Mantención Del Status Quo, Sebastián Pizarro

Sebastián A. Pizarro

La mantención del status quo, en que sólo uno a la fuerza coloca la música que todos deben bailar, debiese tender a su término, de cambiar el prisma por el cual conceptuamos las relaciones de trabajo.


Providing Legal Information And Advice To Older People: As Much A Question Of Accessibility As Affordability, Subhajit Basu, Joe Duffy Dec 2010

Providing Legal Information And Advice To Older People: As Much A Question Of Accessibility As Affordability, Subhajit Basu, Joe Duffy

Subhajit Basu

No continent has as high a proportion of older people as Europe. [3] In this paper, we report the findings of an empirical project examining the legal advice needs of older people. An important element of the project also sought information about the capacity of the internet for meeting the legal advice needs of older people. Overall our findings broadly indicate considerable failings in legal information provision for older people from more traditional advice sources. Whilst we have uncovered some examples of individualised good practice,our research in the main revealed an alarming sense of fear, mistrust, uncertainty and ambivalence ...


Improving The Effectiveness Of The International Law Of Human Trafficking: A Vision For The Future Of The Us Trafficking In Persons Reports, Anne Gallagher Dec 2010

Improving The Effectiveness Of The International Law Of Human Trafficking: A Vision For The Future Of The Us Trafficking In Persons Reports, Anne Gallagher

Anne T Gallagher

In 2000, the United States Congress passed the Victims of Trafficking and Violence Protection Act requiring its State Department to issue annual Trafficking in Persons Reports (TIP Reports) describing “the nature and extent of severe forms of trafficking in persons” and assessing governmental efforts across the world to combat such trafficking against criteria established by US law. This article examines the opportunities and risks presented by the TIP Reports, tracing their evolution over the past decade and considering their impact on the behavior of states. In looking to the future, the article focuses on how this influential unilateral compliance mechanism ...


Commentary To The Recommended Principles And Guidelines On Human Rights And Human Trafficking, Anne T. Gallagher Dec 2010

Commentary To The Recommended Principles And Guidelines On Human Rights And Human Trafficking, Anne T. Gallagher

Anne T Gallagher

In 2002, the then High Commissioner for Human Rights, Mary Robinson, transmitted the Recommended Principles and Guidelines on Human Rights and Human Trafficking to the United Nations Economic and Social Council. She explained that their development was her Office’s response to the clear need for practical, human rights-based policy guidance, and encouraged States and intergovernmental organizations to make use of them in their own efforts to prevent trafficking and to protect the rights of trafficked persons. Since then, the principles and Guidelines have been integrated into numerous policy documents and interpretive texts attached to international and regional treaties, including ...


Socioeconomic Rights And Theories Of Justice, Jeremy Waldron Dec 2010

Socioeconomic Rights And Theories Of Justice, Jeremy Waldron

New York University Public Law and Legal Theory Working Papers

This paper considers the relation between theories of justice (like John Rawls’s theory) and theories of socio-economic rights. In different ways, these two kinds of theory address much the same subject-matter. But they are quite strikingly different in format and texture. Theories of socio-economic rights defend particular line-item requirements: a right to this or that good or opportunity (e.g., housing, health care, education, social security). Theories of justice tend to involve a more integrated normative account of a society’s basic structure (though they differ considerably among themselves in their structure). So how exactly should we think about ...


Dignity, Rights, And Responsibilities, Jeremy Waldron Dec 2010

Dignity, Rights, And Responsibilities, Jeremy Waldron

New York University Public Law and Legal Theory Working Papers

Taking as its point of departure, a Green Paper published by the UK government in 2008 urging greater emphasis on responsibilities, this essay considers various senses of "responsibility" that may be thought important in and around the topic of individual rights. Most likely, the authors of the Green Paper had in mind responsibilities that are correlative to rights and responsibilities that qualify rights or limit their exercise. But an additional idea - which has not been properly considered - is the idea of rights which ARE (in large part) responsibilities, rights which embody responsibilities. An obvious example is the right of a ...


Two-Way Translation: The Ethics Of Engaging With Religious Contributions In Public Deliberation, Jeremy Waldron Dec 2010

Two-Way Translation: The Ethics Of Engaging With Religious Contributions In Public Deliberation, Jeremy Waldron

New York University Public Law and Legal Theory Working Papers

Using as an exemplar, the 2007 "Evangelical Declaration against Torture," this paper examines the role of religious argument in public life. The Declaration was drawn up by David Gushee, University Professor at Mercer University, and others. It argues for an absolute ban on the use of torture deploying unashamedly Christian rhetoric, some of it quite powerful and challenging. For example, it says: " [T]he Holy Spirit participates in human pathos with groans and sighs too deep for words. The cries of the tortured are in a very real sense, … the cries of the Spirit." The present paper considers whether there ...


Secularism And The Limits Of Community, Jeremy Waldron Dec 2010

Secularism And The Limits Of Community, Jeremy Waldron

New York University Public Law and Legal Theory Working Papers

This paper addresses two issues: (1) the use of religious considerations in social and political argument; and (2) the validation of the claims of community against markets and other aspects of globalization. It argues that we should be very wary of the association of (1) with (2), and the use of (1) to reinforce (2). The claims of community in the modern world are often exclusionary (the word commonly associated with community is "gated") and hostile to the rights of the poor, the homeless, the outcast, and so on. The logic of community in the modern world is a logic ...


The Image Of God: Rights, Reason, And Order, Jeremy Waldron Dec 2010

The Image Of God: Rights, Reason, And Order, Jeremy Waldron

New York University Public Law and Legal Theory Working Papers

The idea that humans are created in the image of God is often cited as a foundation for human rights theory. In this paper, this use of imago dei is surveyed, and while the paper is basically favorable to this foundation, it draws attention to some difficulties (both theological and practical) that using imago dei as a foundation for human rights may involve. Also it explores the suggestion that the image of God idea may be more apt as a foundation for some rights rather than others. Its use in relation to political rights is specifically explored. The moral of ...


Torture, Suicide, And Determinatio, Jeremy Waldron Dec 2010

Torture, Suicide, And Determinatio, Jeremy Waldron

New York University Public Law and Legal Theory Working Papers

In natural law theory, "determinatio" is the process by which natural law is made into determinate positicve law. A lot of discussion of "determinatio" in natural law jurisprudence is just the repetition of tired formulas from Aquinas. In this paper, I try to bring the subject to life by considering the case that can be made for more more detailed elaboration of laws prohibiting (a) assisted suicide and (b) torture. I assume that "determinatio" can be a multi-step process by which we move first from a natural law ideal to a particular formulation of positive law and then from that ...