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Full-Text Articles in Law

Finogenov C. Rusia: Agentes Químicos Incapacitantes Y El Derecho A La Vida, Lucas Arteaga Dec 2014

Finogenov C. Rusia: Agentes Químicos Incapacitantes Y El Derecho A La Vida, Lucas Arteaga

Lucas Arteaga Gatica

the article analyzes the recent judgment of the European Court of Human Rights relative to the hostage crisis on a Moscow theatre and the Russian authorities actions. Finogenov v. Russia (2012) deals, for the first time before an international tribunal, with the use of incapacitating chemical agents. This judgment did not condemn Russia for using such weapons but for its actions after the gas was released. The author’s pretensions are to expose a critical view on the basis of Human Rights and the Chemical Weapons Convention that will lead to conclude that the use of incapacitating chemical weapons, on the …


The Necessity Of A Human Rights Accountabilty For The United Nations, Gerhard Niedrist Jul 2014

The Necessity Of A Human Rights Accountabilty For The United Nations, Gerhard Niedrist

Gerhard Niedrist

The United Nations is an exceptional organization that covers nearly all states of the world. The UN has not only contributed greatly to the maintenance of international peace and security, but also has contributed significantly to the development of the present international human rights regime. With the end of the Cold War and the new geopolitical order in the early nineties, the concept of peace maintenance changed more and more to active peace-enforcement. UN operations gradually turned into “peace-making” operations, like those in Yugoslavia and Rwanda. This new type of peacemaking also led to new tasks for the UN, which …


Reconciling Liberalism And Judaism? Human Rights In Israel, Raphael Cohen-Almagor Jun 2014

Reconciling Liberalism And Judaism? Human Rights In Israel, Raphael Cohen-Almagor

raphael cohen-almagor

This essay argues that mixing religion in politics is problematic. It becomes destructive when the religion is unyielding and coercive. Whenever religious powers are on the rise, the foundations of liberal democracy are shaken and its protective mechanisms are regressing. Indeed, in Israel egalitarianism is still in the making. Orthodox Judaism and liberal democracy are in conflict. The rise of one comes at the expense of the other in a situation where religion does not encompass the concept of freedom from religion. This essay further argues that Palestinians and Israelis are entitled to the same rights and liberties. Accommodations and …


Denying Freedom Rather Than Securing The Country: National Security Is Undermined By Laws Governing Battered Immigrants, Eve Tilley-Coulson Jan 2014

Denying Freedom Rather Than Securing The Country: National Security Is Undermined By Laws Governing Battered Immigrants, Eve Tilley-Coulson

Eve Tilley-Coulson

Relief for battered immigrants is not an obvious national security matter per se, yet remedies are enacted in conjunction with stringent interpretations of immigration law, as though victims pose a security threat. Discrepancies exist between the immigration laws themselves—which attempt to secure the United States from disease, violence, and illegal activity—and the loopholes within remedies under these laws, unnecessarily removing victims and perpetuating a cycle of fear and abuse. By displacing the victim, rather than the abuser, the government allows the cycle of violence to continue, while simultaneously breaking up families and creating disorder and instability. The economic and societal …


Os Direitos Humanos E A Responsabilidade Do Credor Internacional, Douglas Antônio Rocha Pinheiro Jan 2014

Os Direitos Humanos E A Responsabilidade Do Credor Internacional, Douglas Antônio Rocha Pinheiro

Douglas Antônio Rocha Pinheiro

Based on the modern concept of odious debt and the loan policy of the World Bank, this article intends to point out the viability of requiring respect for human rights as an essential condition for the international lending.