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Articles 1 - 4 of 4

Full-Text Articles in Law

The False Panacea Of Offshore Deterrence, James C. Hathaway Jan 2006

The False Panacea Of Offshore Deterrence, James C. Hathaway

Articles

Governments take often shockingly blunt action to deter refugees and other migrants found on the high seas, in their island territories and in overseas enclaves. There is a pervasive belief that when deterrence is conducted at arms-length from the homeland it is either legitimate or, at the very least, immune from legal accountability.


Peoples' Tribunals: Legitimate Or Rough Justice, Christine M. Chinkin Jan 2006

Peoples' Tribunals: Legitimate Or Rough Justice, Christine M. Chinkin

Articles

The article examines the use of Peoples' Tribunals in seeking access to justice where none has been possible through more formal methods. It uses as illustration the Women's International War Crimes Tribunal that sought justice for the so-called comfort women, the primarily Asian women who were subjected to sexual slavery by the Japanese military before and during World War Two. The article briefly recounts the fate of the comfort women and then considers the legal and practical obstacles they faced in accessing justice at the end of the War. It outlines how towards the end of the 20th century the …


Inheritance Law In Tanzania: The Impoverishment Of Widows And Daughters, Tamar Ezer Jan 2006

Inheritance Law In Tanzania: The Impoverishment Of Widows And Daughters, Tamar Ezer

Articles

No abstract provided.


Refugees' Human Rights And The Challenge Of Political Will, James C. Hathaway Jan 2006

Refugees' Human Rights And The Challenge Of Political Will, James C. Hathaway

Articles

Governments in all parts of the world are withdrawing in practice from meeting the legal duty to provide refugees with the protection they require. While states continue to proclaim a willingness to assist refugees as a matter of political discretion or humanitarian goodwill, many appear committed to a pattern of defensive strategies designed to avoid international legal responsibility toward involuntary migrants. Some see this shift away from a legal paradigm of refugee protection as a source of enhanced operational flexibility in the face of changed political circumstances. For refugees themselves, however, the increasingly marginal relevance of international refugee law has …