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Full-Text Articles in Law
African Lessons For Post-2015 Global Right To Development Conceptualization And Practice, Obiora Chinedu Okafor
African Lessons For Post-2015 Global Right To Development Conceptualization And Practice, Obiora Chinedu Okafor
The Transnational Human Rights Review
No abstract provided.
What Is Right With Africa: The Promise Of The Protocol On Women's Rights In Africa, Leslye Amede Obiora, Crystal Whalen
What Is Right With Africa: The Promise Of The Protocol On Women's Rights In Africa, Leslye Amede Obiora, Crystal Whalen
The Transnational Human Rights Review
No abstract provided.
The Relationship Between Human Rights And Judicial Globalization, Klodian Rado
The Relationship Between Human Rights And Judicial Globalization, Klodian Rado
The Transnational Human Rights Review
There are numerous academic writings about the actors, factors, and mechanisms that shape and drive human rights at national, transnational, and international levels. However, the relationship between human rights and the process of judicial globalization remains underexplored in recent scholarship, and the purpose of this study is to explore such a relationship and its effects. First, we provide a brief theoretical background of both human rights and judicial globalization concepts, and then, we focus on the relationship between them. By investigating existing empirical data, we uncover how judicial globalization is effecting and shaping human rights through various mechanisms and their …
Indigenous Rights Before The Inter-American Court Of Human Rights : A Call For A Pro Individual Interpretation, Valerio De Oliveira Mazzuoli, Dilton Ribeiro
Indigenous Rights Before The Inter-American Court Of Human Rights : A Call For A Pro Individual Interpretation, Valerio De Oliveira Mazzuoli, Dilton Ribeiro
The Transnational Human Rights Review
In its traditional conception, international law regulates relations between sovereign states. This definition is challenged by current developments of international law, especially in the area of human rights. The human person is arguably a bearer of rights and duties under international law. However, recognizing this individual legal personality is not enough. International bodies and treaties need to acknowledge that individuals are subjects of international law within a pluralistic world. In other words, the law of nations must crystalize the idea that individuals are, with all their cultural differences, subjects of international law. The Inter-American Court of Human Rights recognizes this …
Human Rights States And Societies: A Reflection From Kenya, Willy Mutunga
Human Rights States And Societies: A Reflection From Kenya, Willy Mutunga
The Transnational Human Rights Review
A human rights state is conceptualized as a liberal democratic state with a social democratic content, the modern day version of the capitalist welfare state. With the “collapses” of communism and neoliberalism, the paradigms of human rights and social justice have taken a center state. The birth of transformative constitutions and transformative constitutionalism linked to modern and comprehensive Bills of Rights have enriched the intellectual, ideological, and political debates of human rights and social justice paradigms. On one hand they have the ingredients of mitigating neo-liberalism while on the other hand they reflect some of the features of the paradigms …
Reinforcing The Identity Of The African Children's Rights Committee: A Case For Limiting The Lust For Judicial Powers In Quasi -Judicial Human Rights Mechanisms, Solomon T. Ebobrah
Reinforcing The Identity Of The African Children's Rights Committee: A Case For Limiting The Lust For Judicial Powers In Quasi -Judicial Human Rights Mechanisms, Solomon T. Ebobrah
The Transnational Human Rights Review
Established as a quasi-judicial treaty supervisory body rather than an international court, the African Committee of Experts on the Rights and Welfare of the Child struggles for relevance in the African human rights system where most non-state stakeholders arguably prefer organs with clear judicial powers. Thus, similar to the experiences of its older counterparts, the Committee appears to be under subtle pressure to substitute or at least reinforce its quasi-judicial character with more judicial powers and action. In essence, the Committee suffers from the uncertainty that prevails in international law regarding the definition of the term quasi-judicial; and the unclear …
Theorizing International Criminal Procedure Review Essay: Christoph Safferling's International Criminal Procedure, Sujith Xavier
Theorizing International Criminal Procedure Review Essay: Christoph Safferling's International Criminal Procedure, Sujith Xavier
The Transnational Human Rights Review
No abstract provided.