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Full-Text Articles in Law

International Human Rights Standards On Sexual Violence Against Women As They Apply To Pornography, Claudia Giunta Jan 1997

International Human Rights Standards On Sexual Violence Against Women As They Apply To Pornography, Claudia Giunta

LLM Theses and Essays

The United Nations Fourth World Conference on Women was held in Beijing in September 1995, and represented an important step towards the achievement of equality for women. At the Conference, the progress made towards equality was acknowledged, but it was also acknowledged that many goals have not been achieved yet, and that cultural changes of fundamental importance remain to be made. Indeed, in many countries the cultural approach to violence and discrimination against women is quite fatalistic; they believe violence against women cannot be solved by laws. However, this approach overlooks the role played by societies in tolerating practices of …


Permissible Accommodation Of Religion And The Alternative Burden, Ei Ichiro Takahata Jan 1997

Permissible Accommodation Of Religion And The Alternative Burden, Ei Ichiro Takahata

LLM Theses and Essays

In this thesis, the author discusses the extent to which the government can afford to give accommodation within the limits of the Establishment Clause. In Chapter II, the author reviews the theory of the permissible accommodation referred to in the Supreme Court of the United States. In Chapter III, the author examines scholarly debates on the accommodation. Then, the author discusses German and Japanese law of the accommodation in Chapter IV. There, those cases suggest the possibility of alternative burdens on religious believers. The alternative burdens are considered the price of the accommodation. The author concludes that the government has …


Judicial Review As A Tool For The Safeguard Of Human Rights: Prospects And Problems Of The U.S. Model In Malawi, Janet Laura Banda Jan 1997

Judicial Review As A Tool For The Safeguard Of Human Rights: Prospects And Problems Of The U.S. Model In Malawi, Janet Laura Banda

LLM Theses and Essays

Judicial review is a judicial action that involves the review of an inferior legislative or executive act for conformity with a higher legal norm, with the possibility that the inferior norm may be invalidated or suspended if necessary. Although judicial review has been explicitly provided for in some written post-independence African constitutions, such review has not developed into a significant principle of African juridical democracy. This lack of development can be attributed to the emergence of dictatorships in the post-colonial era. However, Malawi’s weak judiciary system was remedied by the 1994 Constitution which gave the Malawian judiciary a central position, …


The Issue Of The Legal Validity Of Using Economic Sanctions To Enforce Human Rights, Thomas Hailu Jan 1997

The Issue Of The Legal Validity Of Using Economic Sanctions To Enforce Human Rights, Thomas Hailu

LLM Theses and Essays

The international legal regime as it pertains to human rights is neither as established nor as definitive as it appears. It suffers from many disadvantages, the first and most important of which is the fact that the international legal regime has never been capable of effectively enforcing its rules or instituting appropriate remedies for its breaches. Some states have attempted to make up for this inability on behalf of international law by undertaking an enforcement mechanism either unilaterally or multilaterally; economic sanctions are often regarded as valuable tools of enforcement to be used against countries which are allegedly engaged in …


The Role Of The Organization Of African Unity (Oau) In Regional Conflict Resolution And Dispute Settlement, Peter Mweti Munya Jan 1997

The Role Of The Organization Of African Unity (Oau) In Regional Conflict Resolution And Dispute Settlement, Peter Mweti Munya

LLM Theses and Essays

The emergence of an artificially constructed modern state with internal contradictions, sophisticated state apparatus, and weaponry, coupled with external forces has made Africa one of the most unstable regions in the world, and peace prospects a daunting task. The post-cold war era punctuated by forces of economic liberalization and dominance of the Breton Woods institutions in the economic management of the developing countries has not only accelerated the economic marginalization of Africa placing her at the fringes of the global economy but also wrought insecurity in their wake. This post-cold war and serves to emphasize the need for the OAU …


Major Problems Of International Refugee Law, Wondwossen Lemma Kidane Jan 1997

Major Problems Of International Refugee Law, Wondwossen Lemma Kidane

LLM Theses and Essays

This thesis introduces the history behind the legal term “refugee” with the emphasis on the abstract and altogether ambiguous definition, international discrepancies, and the United Nations’ Convention of Status relating to Refugees adopted in 1951. The purpose of the thesis is to highlight the shortcomings of the Convention starting with the legal definition of a refugee then continuing to inherent defects of refugee law, problems of the exclusion/secession of refugee status as stated in the Convention, domestic application of the Convention, and finally some advances in points of suggestion.