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The High Cost Of Freedom: A Legal And Policy Analysis Of Shelter Detention For Victims Of Trafficking, Anne T. Gallagher, Elaine Pearson 2010 Independent

The High Cost Of Freedom: A Legal And Policy Analysis Of Shelter Detention For Victims Of Trafficking, Anne T. Gallagher, Elaine Pearson

Anne T Gallagher

In countries around the world it is common practice for victims of human trafficking who have been “rescued” or who have escaped from situations of exploitation to be placed and detained in public or private shelters. In the most egregious situations, victims can be effectively imprisoned in such shelters for months, even years. This article uses field-based research to document this largely unreported phenomenon. It then considers the international legal aspects of victim detention in shelters and weighs the common justifications for such detention from legal, policy, and practical perspectives.


Drawing The Right Lessons From Icsid Jurisprudence On The Doctrine Of Necessity, Amin George Forji 2010 University of Helsinki

Drawing The Right Lessons From Icsid Jurisprudence On The Doctrine Of Necessity, Amin George Forji

George Forji Amin

Bilateral investment treaties (BITs) and the International Centre for the Settlement of Investment Disputes (ICSID) have over the years injected an important dynamic into public international law, that is, the replacement of a political remedy (peaceful cooperation amongst nations) by a legal one (settlement of investment disputes). The institution of ICSID and the revision of BITs in line with its rules have opened the way for direct investors’ claims and investor-state arbitration. The obvious implication of a compulsory arbitration provision is that it has made up for many shortcomings of the diplomatic protection mechanism with, “the potential for an individual ...


Filosofia Antropológica?, Paulo Ferreira da Cunha 2010 Universidade do Porto

Filosofia Antropológica?, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Muito do que se passa nas nossas sociedades, actualmente, depende de termos ou não termos um olhar filosófico, e de termos ou não termos a capacidade perspectivista do antropólogo. O presente artigo chama a atenção para a necessidade de a Filosofia, tentando furtar-se à tirania do Logos na versão dos ares "grão senhores", de que falava Kant, procure o olhar de "terceiro", e o despojamento de recursos da Antropologia cultural.


False Imprisonment As A Tort In India, Hari Priya 2010 NALSAR University of Law

False Imprisonment As A Tort In India, Hari Priya

Hari Priya

The tort of false imprisonment is one of the most severe forms of human rights violation, and this paper aims to define and to understand the concept of false imprisonment as a tort in India. It also seeks to know about the evolution of the notion of false imprisonment as a tort, with reference to Indian and foreign cases, and understand who and when can one be held liable for the tort of false imprisonment. It further deals with the remedies available for the said tort.


Direct Taxation And E-Commerce: Possibility And Desirability, Subhajit Basu 2010 University of Leeds

Direct Taxation And E-Commerce: Possibility And Desirability, Subhajit Basu

Subhajit Basu

E-commerce poses significant challenges for existing tax rules. One of the most important effects of e-commerce has been to de-emphasise the significance of the place where economic activity is carried out, which makes it difficult to determine which jurisdiction has the right to tax. It has also blurred the traditional distinction between the form of delivery and the substance of what is delivered. Thus, the specific tax implications of e-commerce and the threat it imposes on the established tax systems can be examined by reference to how much e-commerce tends to disrupt the concepts and principles of direct taxation and ...


The Necessity Procedure: Laws Of Torture In Israel And Beyond, 1987 - 2009, Itamar Mann, Omer Shatz 2010 Yale Law School

The Necessity Procedure: Laws Of Torture In Israel And Beyond, 1987 - 2009, Itamar Mann, Omer Shatz

Student Scholarship Papers

This article traces the history of the regulation of torture in Israel, and shows how it foreshadowed the legal understanding of torture in the United States in the wake of “The War on Terror.” Part I of the article demonstrates how the celebrated Israeli Supreme Court decision in Public Committee v. Israel, traditionally understood as a bold prohibition of torture, should instead be seen as institutionalizing and managing torture.

Since Public Committee, the Israeli executive and the judiciary worked hand in glove to protect this regime, which we label necessity management. Part II of the article revisits the Landau Commission ...


"A Guantanamo On The Sea": The Difficulties Of Prosecuting Pirates And Terrorists, Eugene Kontorovich 2010 Northwestern University School of Law

"A Guantanamo On The Sea": The Difficulties Of Prosecuting Pirates And Terrorists, Eugene Kontorovich

Faculty Working Papers

As a surge in pirate attacks in the seas around the Horn of Africa threatens to seriously damage international trade, the nations of the world have refused to enforce international law against these criminals. The dozens of nations patrolling the Gulf of Aden have ample legal authority to detain and prosecute pirates. Yet the United States and other navies have, as a matter of policy, been releasing apprehended pirates because of the difficulty of detaining or successfully prosecuting them. These fears are not unwarranted. As this Essay shows, while on the one hand international law requires all nations to fight ...


International Human Rights At The Close Of The Twentieth Century, Anthony D'Amato 2010 Northwestern University School of Law

International Human Rights At The Close Of The Twentieth Century, Anthony D'Amato

Faculty Working Papers

Speculates as to why the human-rights revolution is increasingly likely to dominate our foreign-policy attentions in the decades to come. Ventures some predictions, of particular interest perhaps to international lawyers, about where the cause of international human rights is heading.


Human Rights As Part Of Customary International Law:A Plea For Change Of Paradigms, Anthony D'Amato 2010 Northwestern University School of Law

Human Rights As Part Of Customary International Law:A Plea For Change Of Paradigms, Anthony D'Amato

Faculty Working Papers

The question for us international lawyers is how, and how much of, public sentiment for human rights has been transformed into binding international law.


On Genocide, Anthony D'Amato 2010 Northwestern University School of Law

On Genocide, Anthony D'Amato

Faculty Working Papers

The crime of genocide is the newest international crime. It must be kept as a separate, distinct, and coherent concept. It is the first truly subjective crime; all other crime, though requiring mens rea, require only that the defendant consciously committed the criminal acts. In the case of genocide, however, the underlying criminal acts are no different from the acts required to prove ordinary crimes. The difference is one of motive. What is being punished by the crime of genocide is the selection of victims according to their involuntary membership in four kinds of groups: national, ethnical, racial, or religious ...


The Relation Of The Individual To The State In The Era Of Human Rights, Anthony D'Amato 2010 Northwestern University School of Law

The Relation Of The Individual To The State In The Era Of Human Rights, Anthony D'Amato

Faculty Working Papers

I address the question of the relation of the individual to the state and, in so doing, invoke Hegel, the preeminent philosopher of relationships. As students of international law, we should look forward to achieving the complex synthesis implicit in Hegel's philosophy: to promote the human rights of all persons in the natural context of the unique nation in which they live. Examines a legal problem that highlights this interrelatedness: Frolova v. Union of Soviet Socialist Republics.


Collateral Consequences Of Criminal Convictions: Confronting Issues Of Race And Dignity, Michael Pinard 2010 University of Maryland School of Law

Collateral Consequences Of Criminal Convictions: Confronting Issues Of Race And Dignity, Michael Pinard

Faculty Scholarship

This article explores the racial dimensions of the various collateral consequences that attach to criminal convictions in the United States. The consequences include ineligibility for public and government-assisted housing, public benefits and various forms of employment, as well as civic exclusions such as ineligibility for jury service and felon disenfranchisement. To test its hypothesis that these penalties, both historically and contemporarily, are rooted in race, the article looks to England and Wales, Canada and South Africa. These countries have criminal justice systems similar to the United States’, have been influenced significantly by United States’ criminal justice practices in recent years ...


Defaming Muhammad: Dignity, Harm, And Incitement To Religious Hatred, Peter G. Danchin 2010 University of Maryland School of Law

Defaming Muhammad: Dignity, Harm, And Incitement To Religious Hatred, Peter G. Danchin

Faculty Scholarship

The Danish cartoons controversy has generated a torrent of commentary seeking to define and defend competing conceptions of the normative implications of the affair. This Article addresses the question of how liberal democratic states ought to respond to visible manifestations of hatred, especially speech that constitutes incitement to religious hatred. Taking the publication of the Danish cartoons as its point of departure, the Article interrogates the complex historical and normative relationship between free speech and freedom of religion in the liberal democratic order and discusses the two critical questions of whether the cartoons give rise to a genuine conflict of ...


Climate Change Displacement To Refuge, Prof. Elizabeth Burleson 2010 SelectedWorks

Climate Change Displacement To Refuge, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

This article analyzes the interaction between international human rights law and climate change law. Part II discusses climate induced migration, human rights law and refugee status. Part III considers the role of the United Nations Security Council in climate-induced insecurity. Part IV concludes that maintaining international peace and security requires timely codification of climate measures that address ecomigration. Beyond mitigation, adaptation, technology, and funding, other climate cross cutting issues continue to challenge the international community. The demographics, economies, and geographic features of given countries impact their priorities in the ongoing negotiations. Irrespective of the given impact that climate change will ...


China In Context: Energy, Water, And Climate Cooperation, Prof. Elizabeth Burleson 2010 SelectedWorks

China In Context: Energy, Water, And Climate Cooperation, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

Climate resilient communities can be achieved with the support of global research, development, deployment, and diffusion of environmentally sound low GHG emission technologies and processes. Technology cooperation should lower emissions remaining mindful of biodiversity, ecosystem services and livelihoods. China and the United States need to respond effectively to both economic and climate crises and can do so in part by cooperating on environmentally sound technology that transforms the global use of energy.


Collaborative Community-Based Natural Resource Management, Prof. Elizabeth Burleson 2010 SelectedWorks

Collaborative Community-Based Natural Resource Management, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

This article analyzes the importance of increasing civil society actor access to and influence in international legal and policy negotiations, drawing from academic scholarship on governance, conservation and environmental sustainability, natural resource management, observations of civil society actors, and the authors’ experiences as participants in international environmental negotiations.


Community Recovery Lawyering: Hard-Learned Lessons From Post-Katrina Mississippi, Bonnie Allen, Barbara Bezdek, John Jopling 2010 University of Maryland School of Law

Community Recovery Lawyering: Hard-Learned Lessons From Post-Katrina Mississippi, Bonnie Allen, Barbara Bezdek, John Jopling

Faculty Scholarship

No abstract provided.


Achieving Justice Through Rebellious Lawyering: Restructuring Systems Of Law And Power For Social Change, Ashly Hinmon 2010 American University Washington College of Law

Achieving Justice Through Rebellious Lawyering: Restructuring Systems Of Law And Power For Social Change, Ashly Hinmon

The Modern American

No abstract provided.


To Have And To Hold: The Future Of Dna Retention In The United Kingdom, Jason M. Swergold 2010 Boston College Law School

To Have And To Hold: The Future Of Dna Retention In The United Kingdom, Jason M. Swergold

Boston College International and Comparative Law Review

The United Kingdom’s National DNA Database, in existence since 1995, is now in jeopardy after the European Court of Human Rights ruled that the United Kingdom’s DNA retention policy violates a person’s right to a private life under the European Convention on Human Rights. The retention program is the most sweeping in the world and had previously withstood a number of challenges in British courts. The ECHR decision now presents the United Kingdom with the problem of complying with the judgment while protecting the Database it has built over the last three decades. The question that remains ...


Chasing Ghosts: Pursuing Retroactive Justice For Franco-Era Crimes Against Humanity, Angela M. Guarino 2010 Boston College Law School

Chasing Ghosts: Pursuing Retroactive Justice For Franco-Era Crimes Against Humanity, Angela M. Guarino

Boston College International and Comparative Law Review

In October 2008, Judge Baltasar Garzón declared himself competent to open Spain’s first criminal investigation of Franco-era atrocities. His decision formally classified the 114,000 executions and thousands of forced disappearances that occurred during the Spanish Civil War and ensuing dictatorship as crimes against humanity. It also accused Francisco Franco and thirty-four of his generals and ministers of having committed these crimes. Throughout Spain’s transition to democracy and beyond, Spain has adhered to a “pact of forgetting,” formalized by a 1977 amnesty law, in which political leaders agreed that regime members would not be prosecuted for their acts ...


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