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Full-Text Articles in Law
Esan V.The Attorney General (Appeal No. 96/2014) [2016] Zmsc 255, Nicholas Kahn-Fogel
Esan V.The Attorney General (Appeal No. 96/2014) [2016] Zmsc 255, Nicholas Kahn-Fogel
SAIPAR Case Review
No abstract provided.
Interpersonal Human Rights, Hanoch Dagan, Avihay Dorfmann
Interpersonal Human Rights, Hanoch Dagan, Avihay Dorfmann
Cornell International Law Journal
Our increasingly globalized environment, typified by the significant role of transnational interactions, raises urgent concerns about the commission of grave transnational wrongs. Two main legal strategies— belonging, respectively, to public and private international law— offer important directions for addressing these urgent concerns. One strategy extends state obligations under human rights law to some non-state actors; the other adapts traditional private international law doctrines, notably its public policy exception. Both strategies make important advances, yet both face significant difficulties, which are all fundamentally rooted in what we call “the missing link of privity”— namely, identifying the reason for imposing the burden …
Women’S Rights In The Dprk: Discrepancies Between International And Domestic Legal Instruments In Promoting Women’S Rights And The Reality Reflected By North Korean Defectors, Jina Yang
Cornell International Law Journal
It is commendable that the DPRK has ratified the CEDAW and has established legislative measures to protect women from violence and guarantee equal protection. However short of internationally accepted human rights standard the DPRK may fall, such actions show that the DPRK is nonetheless trying to be a responsible member of the international community. However, many findings show that women’s rights are far from reaching the international standards, because of patriarchal traditions that are entrenched to the North Korean society and the national institutions related to women’s rights, which are used to mobilize women to work for the state, rather …
North Korean Detention Of U.S. Citizens: International Law Violations And Means For Recourse, Patricia Goedde, Andrew Wolman
North Korean Detention Of U.S. Citizens: International Law Violations And Means For Recourse, Patricia Goedde, Andrew Wolman
Cornell International Law Journal
North Korean detention of U.S. citizens has prompted considerable attention in the U.S. media over the years, especially with the most recent case of Otto Warmbier’s death. Releases have usually been negotiated through diplomatic channels on a humanitarian basis. While detainee treatment is influenced primarily by political considerations, this Article asks what international legal implications arise from these detentions in terms of international law violations and recourse. Specifically, this Article analyzes (1) violations of consular law and international human rights law as applied to the detainees, such as standards for arrest, investigation, trial, and detention, and (2) whether viable legal …
Labor And Human Rights Conditions Of North Korean Workers Dispatched Overseas: A Look At The Dprk’S Exploitative Practices In Russia, Poland, And Mongolia, Teodora Gyupchanova
Labor And Human Rights Conditions Of North Korean Workers Dispatched Overseas: A Look At The Dprk’S Exploitative Practices In Russia, Poland, And Mongolia, Teodora Gyupchanova
Cornell International Law Journal
The Database Center for North Korean Human Rights (NKDB) has so far dedicated over three years to a focused research on the human rights conditions of North Korean laborers overseas. In this amount of time NKDB researchers have only managed to uncover a small fraction of the abuses endured by the North Korean citizens dispatched overseas to earn revenue for the North Korean regime. There is a lot of work that still needs to be done, which should involve investigation of the working and living conditions of North Korean laborers residing in different countries, seeking accountability from the entities, government …
Taking Ihi, R2p And Legitimate Defense Seriously: North Korea As The Primary Consideration, Morse Tan
Taking Ihi, R2p And Legitimate Defense Seriously: North Korea As The Primary Consideration, Morse Tan
Cornell International Law Journal
North Korea has the worst human rights crisis in terms of the breadth and extent of its violations, and also presents the most serious security crisis in the world. A trio of doctrines— International Humanitarian Intervention, the Responsibility to Protect, and legitimate defense— provide the foundation for a range of solutions and approaches to resolve this crisis. At the same time, North Korea poses real dangers, the situation is delicate, and the resolutions may prove difficult. Strong determination is necessary to stay the course until the Koreas reunite, ideally in a peaceful manner. The situation has moved rapidly over the …