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Full-Text Articles in Jurisdiction

Beyond Bankovic: Extraterritorial Application Of The European Convention On Human Rights, Federico Sperotto Nov 2006

Beyond Bankovic: Extraterritorial Application Of The European Convention On Human Rights, Federico Sperotto

Human Rights & Human Welfare

The obligations set forth in the international and regional instruments on human rights are considered as having a strictly territorial scope. States parties have the duty to guarantee the rights recognized in the treaties to all individuals within their territories. The territorial reach of these obligations is expanding by way of interpretation. In its decision on Bankovic, the European Court reduced the impact of this international trend toward a progressive enlargement of the protection granted by human rights treaties, affirming those attacks conducted by NATO against Yugoslavia in 1999 fell out of the extraterritorial reach of the European Convention. After …


The Better Part Of Valor: The Real Id Act, Discretion, And The “Rule” Of Immigration Law, Daniel Kanstroom Jan 2006

The Better Part Of Valor: The Real Id Act, Discretion, And The “Rule” Of Immigration Law, Daniel Kanstroom

NYLS Law Review

No abstract provided.


Back To Back To The Future? Lessons Learned From Litigation Over The 1996 Restrictions On Judicial Review, Nancy Morawetz Jan 2006

Back To Back To The Future? Lessons Learned From Litigation Over The 1996 Restrictions On Judicial Review, Nancy Morawetz

NYLS Law Review

No abstract provided.