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Articles 1 - 30 of 36
Full-Text Articles in Human Rights Law
The Kids Before Khadr: Haitian Refugee Children On Guantanamo, Kathryn Jastram
The Kids Before Khadr: Haitian Refugee Children On Guantanamo, Kathryn Jastram
Kate Jastram
No abstract provided.
Jurisprudential Analysis Of The African Court On Human And Peoples Rights: From 2004 To 2010, Lucky Michael Mgimba Mr., Stephen J. Waters Mr.
Jurisprudential Analysis Of The African Court On Human And Peoples Rights: From 2004 To 2010, Lucky Michael Mgimba Mr., Stephen J. Waters Mr.
Lucky Michael Mgimba
The paper is divided into four sections: (1) the paper begins with this introduction, consisting of a synopsis of the history and structure of the African human rights system; (2) section two of the paper analyses the establishment of the African Court on Human and Peoples Rights, and other substantial matters regarding the court; (3) the third section provides a critical analysis of the jurisprudential developments from 2004 to 2010, guided by a case study on the Michelot Yogombaye case; (4) the fourth and final section of the paper concludes with a brief summary of the material covered and concluding …
Fair Trial Guarantees Before The Court Of Arbitration For Sport, Jernej Letnar Cernic
Fair Trial Guarantees Before The Court Of Arbitration For Sport, Jernej Letnar Cernic
Jernej Letnar Černič
The right to a fair trial is one of the backbones of the rule of law and a conditio sine qua non for the protection of human rights and fundamental freedoms. This article examines whether fair trial guarantees also exist before the Court of Arbitration for Sport. It attempts to identify whether the Court of Arbitration for Sport follows the fair trial guarantees developed in the jurisprudence of the European Court of Human Rights. This article thereafter tries to draw out an understanding of fair trial guarantees in sports arbitration.
After Privacy: The Rise Of Facebook, The Fall Of Wikileaks, And Singapore’S Personal Data Protection Act 2012, Simon Chesterman
After Privacy: The Rise Of Facebook, The Fall Of Wikileaks, And Singapore’S Personal Data Protection Act 2012, Simon Chesterman
Simon Chesterman
This article discusses the changing ways in which information is produced, stored, and shared — exemplified by the rise of social-networking sites like Facebook and controversies over the activities of WikiLeaks — and the implications for privacy and data protection. Legal protections of privacy have always been reactive, but the coherence of any legal regime has also been undermined by the lack of a strong theory of what privacy is. There is more promise in the narrower field of data protection. Singapore, which does not recognise a right to privacy, has positioned itself as an e-commerce hub but had no …
Legal Routes To Undue Influence: Vulnerabilities In The Korean National Human Rights Commission Act, Douglas Maclean
Legal Routes To Undue Influence: Vulnerabilities In The Korean National Human Rights Commission Act, Douglas Maclean
Douglas MacLean
The National Human Rights Commission of Korea has operated in the midst of considerable political and governmental opposition since its creation. Heralded early on as the strongest national human rights institute in Asia, the government bureaucracy and conservative political forces have challenged the organization's operation from the very beginning. The inauguration of the Lee administration brought opposition forces into power, bringing drastic cuts and drawing both domestic and international criticism over alleged political interference with the organization's operation. Missing from the political accounts of the situation, however, is an examination of the structural vulnerabilities to government influence built into the …
Deciphering Pakistan's Investment Policy: A Review Of Pakistani Bits, Nida Mahmood, Ahmad Ali Ghouri
Deciphering Pakistan's Investment Policy: A Review Of Pakistani Bits, Nida Mahmood, Ahmad Ali Ghouri
Nida Mahmood Ms
This study presents the first ever comprehensive analysis of Pakistani foreign investment treaty regime, which consists of 47 BITs as of 15 June, 2012. This study provides a provision by provision comparison of all 47 Pakistani BITs. The objective is to identify similarities and differences in these BITs, explaining legal implications of their individual provisions and suggesting policy changes for future BITs in the light of existing and emerging state practices. The overall purpose is to identify policy implications of the BITs regime for Pakistan. Looking forward, the study inquires how to enhance foreign investors’ confidence and to promote and …
Migration And Disaster-Induced Displacement: European Policy, Practice, And Perspective, Michael D. Cooper
Migration And Disaster-Induced Displacement: European Policy, Practice, And Perspective, Michael D. Cooper
Michael D. Cooper, Esq.
Over the last decade, a series of devastating natural disasters have killed hundreds of thousands of people, displaced millions, and decimated the built environment across wide regions, shocking the public imagination and garnering unprecedented financial support for humanitarian relief efforts. Some suggest that disaster migration must be supported by the international community, first as an adaption strategy in response to climate-change, and second, as a matter of international protection. This study surveys the current state of law as it relates to persons displaced by natural disaster, with a specific focus on the 27 member states of the European Union plus …
Remarks At The Launching Of The Anti-Trafficking Review, Anne T. Gallagher
Remarks At The Launching Of The Anti-Trafficking Review, Anne T. Gallagher
Anne T Gallagher
Remarks delivered by Dr Anne Gallagher, Guest Editor, at the launch of the new journal: Anti-Trafficking Review.
There Is But One Sword That Defends The Rights Of Man- Bringing Lgbt Rights Out Of The Closet, Jonathan M. Bhagan
There Is But One Sword That Defends The Rights Of Man- Bringing Lgbt Rights Out Of The Closet, Jonathan M. Bhagan
Jonathan m Bhagan
Introduction. International norms of human rights are a powerful force for interpreting, protecting and growing rights on the domestic plane. Courts throughout the Commonwealth already look to international norms to flesh out rights, whether they are found in the constitutional jurisprudence of other common law states in Treaties or Treaty based case law. While some schools of jurisprudence claim that International and Domestic law are two separate spheres , throughout the paper it will be shown that judges have consistently looked to foreign and International Law as inspiration and support for their decisions in key human rights cases. This trend …
Guide To Incorporation Of Not For Profit Organisations In Nigeria, Taiwo Adebola Odumosu Mr.
Guide To Incorporation Of Not For Profit Organisations In Nigeria, Taiwo Adebola Odumosu Mr.
Taiwo Adebola Odumosu Mr.
The incorporation of non-profit bodies in Nigeria is governed by the Companies and Allied Matters Act, 2004 (‘the Act’). The Corporate Affairs Commission (CAC) is vested with responsibility for non-profit organisations. The CAC has branches in most State capitals of the Federation and its headquarters is based in Abuja, the Federal Capital Territory. Before applying to the CAC for incorporation of a non-profit body, one must check that the name of the new entity is not already in use. This can be done by purchasing an Availability Form, which costs very little. In Nigeria only legal practitioners, and to some …
Ratings Contre Etats, Gregory Lewkowicz
Ratings Contre Etats, Gregory Lewkowicz
Gregory Lewkowicz
Interview of Gregory Lewkowicz on credit rating agencies by I. de Laminne for the newspaper "La Libre Belgique"
Judicial Review Of Administrative Action/ Decision As The Primary Vehicle For Constitutionalism: Law And Procedures In Tanzania, Daudi Mwita Nyamaka Mr.
Judicial Review Of Administrative Action/ Decision As The Primary Vehicle For Constitutionalism: Law And Procedures In Tanzania, Daudi Mwita Nyamaka Mr.
Daudi Mwita Nyamaka Mr.
This paper examines the discretionary powers of the High Court of Tanzania to review decisions and actions of other public bodies as a means to uphold the spirit of the Constitution on checks and balances between the three organs of the state. The writer examines the procedures for judicial review, the legal and procedural requirements and the remedies available under the laws of Tanzania, however, the writer further examines experiences from other countries particularly from case laws.
Proposals For The Development Of Caribbean Integration Law, Direct Effect And The Creation Of A Mediation Avenue Using Article 214 Rtc., Jonathan M. Bhagan
Proposals For The Development Of Caribbean Integration Law, Direct Effect And The Creation Of A Mediation Avenue Using Article 214 Rtc., Jonathan M. Bhagan
Jonathan m Bhagan
The speaking notes of a presentation i made to the Deputy Solicitor General of Jamaica regarding the evolution of Caricom law . The only item of note is the proposal for a mediation procedure using the referral process from national courts under Article 214 of the RTC.
Looking To Human Rights And Humanitarian Law To Determine Refugee Status, Kathryn Jastram
Looking To Human Rights And Humanitarian Law To Determine Refugee Status, Kathryn Jastram
Kate Jastram
No abstract provided.
Gang And Cartel Violence: A Reason To Grant Political Asylum From Mexico And Central America, Jillian Blake
Gang And Cartel Violence: A Reason To Grant Political Asylum From Mexico And Central America, Jillian Blake
Jillian Blake
This Essay argues that the United States should view the migrants fleeing violence in Mexico and Central America as refugees. This Essay will describe the nature of the threat from gangs and cartels, present the major arguments for granting gang-based asylum under international refugee law, and describe how the U.S. courts and government have interpreted those arguments. The final section of this Essay will offer an interpretation of refugee law that both bridges the gap between traditional interpretations of the Refugee Convention and also addresses a pressing need to adapt its original meaning to present-day conflicts in Latin America. This …
Update: Organization Of American States, Jillian Blake
Update: Organization Of American States, Jillian Blake
Jillian Blake
No abstract provided.
Martina Vandenberg, Review Of "The International Law Of Human Trafficking", Anne T. Gallagher
Martina Vandenberg, Review Of "The International Law Of Human Trafficking", Anne T. Gallagher
Anne T Gallagher
American Journal of International Law (2012): Review of Anne T. Gallagher, "The International Law of Human Trafficking", by Martina Vandenberg
Mapping Expansive Uses Of Human Dignity In International Criminal Law, J.Benton Heath
Mapping Expansive Uses Of Human Dignity In International Criminal Law, J.Benton Heath
J.Benton Heath
International criminal law (ICL) makes frequent reference to the concept of human dignity, which also plays a central role in human rights law. While many of these invocations occur in the context of torture and cruel treatment, a handful of cases have used human dignity more expansively to justify punishment for hate speech and other crimes. In this chapter, I argue that such expansive invocations of human dignity fill gaps in substantive criminal law, motivate tribunals toward broad interpretations of the law, may serve to 'trump' competing claims, and provide an argument for overcoming strict applications of the principle of …
Human Dignity At Trial: Hard Cases And Broad Concepts In International Criminal Law, J.Benton Heath
Human Dignity At Trial: Hard Cases And Broad Concepts In International Criminal Law, J.Benton Heath
J.Benton Heath
Broad and indeterminate invocations of human dignity play a sporadic but powerful role in the adjudication of international criminal law (ICL). Drawing on detailed case studies, I argue that the concept of dignity enables courts to fill gaps in the substantive criminal law, justify expansive interpretations, resolve conflicts between competing rights and values, and potentially overcome the requirements of strict legality. These features enable judges to reach important and sometimes morally compelling conclusions. But expansive uses of human dignity come into tension with rule-of-law principles, and they challenge the self-understanding of ICL as a regime of limited subject-matter jurisdiction. This …
Africa, Mark J. Calaguas
Africa, Mark J. Calaguas
Mark J Calaguas
The Africa Committee's contribution to the 2011 Year-in-Review issue of the American Bar Association Section of International Law's quarterly journal, The International Lawyer.
Slavery In The 21st Century, Jeffrey Erskine
Slavery In The 21st Century, Jeffrey Erskine
Jeffrey Erskine
There are an estimated 600,000 to 800,000 children, women and men trafficked across international borders annually. Second to drug dealing, human trafficking and the illegal arms industries are the second largest criminal enterprises in the world today. Human trafficking is the fastest growing.
China And The Trans-Pacific Partnership: Excluding One Of The United States' Top Trading Partners From A Cross-Pacific Trade Preference Program?, Benjamin R. Hutchinson
China And The Trans-Pacific Partnership: Excluding One Of The United States' Top Trading Partners From A Cross-Pacific Trade Preference Program?, Benjamin R. Hutchinson
Benjamin R Hutchinson
The proposed Trans-Pacific partnership, being negotiated without the inclusion of China, is short sighted in its considerations regarding one of the U.S.'s top trading partners.
Mere Ritual Or Gradual Change: Why Has Asia Failed To Establish Regional Human Rights Institutions Thus Far?, Buhm Suk Baek
Mere Ritual Or Gradual Change: Why Has Asia Failed To Establish Regional Human Rights Institutions Thus Far?, Buhm Suk Baek
Buhm Suk Baek
This paper reviews all the major initiatives to establish regional human rights institutions (RHRIs) in Asia and concludes that, for the last twenty years, Asian governments’ efforts to create RHRIs have been ritualistic, with non-legally binding promises and temporal discussions, but without any concrete actions. After analyzing the major initiatives, this paper identifies five main factors that have hindered the establishment of a regional human rights system in Asia. It concludes that those obstacles result not from a different understanding of fundamental human rights under the already existing international human rights legal system, but mainly from political considerations. Thus, this …
Rhris, Nhris And Human Rights Ngos, Buhm Suk Baek
Rhris, Nhris And Human Rights Ngos, Buhm Suk Baek
Buhm Suk Baek
This paper reviews the characteristics of human rights NGOs and their evolving role within the existing international and regional human rights mechanisms, and further, in Asia, the way in which they have worked together for better human rights practices and the establishment of regional human rights institutions (RHRIs) in this region. It also examines the role of human rights NGOs in strengthening human rights protection systems at the national level, especially in cooperation with national human rights institutions (NHRIs). My broad argument is that not only have they contributed to strengthening the international human rights system, but have also been …
The Medium Foreseeing The Future: The Role Of Nhris In Creating Rhris In The Asia-Pacific Region, Buhm Suk Baek
The Medium Foreseeing The Future: The Role Of Nhris In Creating Rhris In The Asia-Pacific Region, Buhm Suk Baek
Buhm Suk Baek
This paper explores the ways in which NHRIs can be a key player for the establishment of RHRIs in this region by addressing some of the concerns and inhibitions of Asian states, while furthering the broad policies and aims of international human rights law. In examining the unique strengths and weaknesses of NHRIs, this paper also explores the role that NHRIs can play in the creation, administration and furtherance of international human rights law, thus illuminating the particular role of such actors to create RHRIs in the Asian human rights context. This paper broadly maintains that as intermediate institutions, NHRIs …
A Recipe For Change: Constitutional Reform In Saint Lucia, Amit Chhabra, Damian Greaves
A Recipe For Change: Constitutional Reform In Saint Lucia, Amit Chhabra, Damian Greaves
Amit Chhabra
In spite of relative peace over the years in the English-speaking Caribbean, recent debate has centered on whether certain constitutional charters should be amended or replaced in their entirety. This movement presents the first major opportunity for these British Commonwealth nations to re-examine their governments’ parliamentary underpinnings so as to account for adequate protections of civil liberties and inter-branch checks; moreover, it is an opportunity to disallow “the law to become the hostage of history.” Too often, “constitutional reform” is cited as an essential course of action, whereas an expansion of the body of law and improvements in enforcement of …
Superpower Responsibility For State Recognition: Charting A Course For Nagorno-Karabakh, Amit Chhabra
Superpower Responsibility For State Recognition: Charting A Course For Nagorno-Karabakh, Amit Chhabra
Amit Chhabra
Nations routinely refrain from intervening in one another’s domestic affairs out of mutual respect for territorial integrity and international comity. On this basis, the international community has since 1994 determined to not recognize the Nagorno-Karabakh region (NKR) as independent from the Republic of Azerbaijan, with the understanding that this view might change if an OSCE -sponsored negotiation effort determines that NKR should gain de jure independence rather than obtain a semi-autonomous status within Azerbaijan. By contrast, some of the world’s leading powers have quickly recognized or dismissed similar independence struggles, where doing so was guided by their own strategic interests …
The Troubling Shortage Of African Lawyers: Examination Of A Continental Crisis Using Zambia As A Case Study, Nicholas A. Kahn-Fogel
The Troubling Shortage Of African Lawyers: Examination Of A Continental Crisis Using Zambia As A Case Study, Nicholas A. Kahn-Fogel
Nicholas Kahn-Fogel
This article examines the critical shortage of lawyers in Africa, using Zambia as a case study. The article draws on information from a variety of sources, including field interviews, survey data, and case data from Zambian courts, in addition to secondary-source material. Though other work has dealt with access to justice in Africa broadly and with issues that affect access to justice, including African legal education, prison conditions, and alternatives to formal legal representation, this article is the first comprehensive analysis of the causes of the scarcity of African lawyers, the effects of the shortage, and potential avenues for addressing …
Too Rough A Justice: The Ethiopia-Eritrea Claims Commission And Civil Liability For Claims For Rape Under International Law, Ryan S. Lincoln
Too Rough A Justice: The Ethiopia-Eritrea Claims Commission And Civil Liability For Claims For Rape Under International Law, Ryan S. Lincoln
Ryan S. Lincoln
The developments in international law prohibiting rape during armed conflict have grown at a rapid pace in recent decades. Whereas rape had long been considered an inevitable by-product of armed conflict, evolution in international humanitarian law (IHL) has relegated this conception mostly to the past. The work of international criminal tribunals has been at the forefront of this change, developing the specific elements of the international crime of rape, and helping to change the perception of rape in international law. Violations of IHL, however, also give rise to civil liability. Despite the advances with respect to rape made in the …
The Enforcement Of Foreign Judgments In The Jurisprudence Of The European Court Of Human Rights, Theodor Jr Schilling
The Enforcement Of Foreign Judgments In The Jurisprudence Of The European Court Of Human Rights, Theodor Jr Schilling
Theodor JR Schilling
The enforcement of foreign judgments is a matter of choice for the States. The ECtHR has recognised the value of exequatur proceedings in protecting human rights of the foreign-judgment debtor. On the other hand, the Court postulates, in principle, a human right of the foreign-judgment creditor to an exequatur. The Court has to find a reasonably closed system guaranteeing both rights while at the same time paying due respect to the Convention States' margin of appreciation. The present contribution will discuss how the Court's jurisprudence fits the States' preoccupations on this subject as reflected in general international law and in …