Law Commons^™

“Aspectos Jurídicos Del Delito De Trata De Personas En Colombia: Aportes Desde El Derecho Internacional, Derecho Penal Y Las Organizaciones No Gubernamentales”, Andres Barreto, Beatriz Londoño, Antonio Varon, Andrea Mateus

Andres Barreto

La preocupación por el fenómeno de la trata de personas en el escenario internacional ha sido una constante para los Estados desde mediados del siglo XIX. En Colombia la legislación que condena el delito empezó su recorrido desde el Código Penal de 1980, en donde se castigaba con penas de prisión de 2 a 6 años a todo aquel que promoviere la entrada o salida del país de mujer o menor de edad para ejercer la prostitución. Sin embargo, la complejidad de las redes criminales de este crimen transnacional empezó a evidenciar que la trata no solo se cometía sobre …

Clearing The Air In Copenhagen, Richard Faulk

Richard Faulk

As I prepare to depart for the Copenhagen climate change conference, the entire process seems awash in doubt, confusion, and controversy. Despite the grand hopes of many members of the international community, including many respected politicians and scientists, even the most optimistic advocates concede that it will be impossible to secure a comprehensive and binding climate change agreement. Instead, the delegates will seek a consensus that will guide the drafting and presentation of a formal treaty sometime in 2010, either in Bonn or in Mexico City.

La Ley De Drogas Vigente Como Sistema Jurídico Paralelo, David Cordero Heredia

David Cordero Heredia

El artículo analiza como la política internacional anti drogas crea, en Ecuador, un sistema de reglas contrarias a la Constitución y a los tratados internacionales ratificados por el Estado.

The March To Copenhagen And The Quest For Climate Justice, Ondotimi Songi, Timipere Songi

Ondotimi Songi

Following events preceding the Copenhagen conference on climate change, the article looks at whether world leaders can seal a comprehensive, fair, effective and binding climate change deal. It traces efforts at addressing climate change from a policy and legal perspective noting that the discussion on climate change has focused on environmental and economic costs and suggesting that the issue be seen from a human rights and development perspective so as to realign strategies and programmes on mitigation and adaptation. From an African perspective, as a continent that is worst hit by climate change, it is noted that apart from insisting …

A Inconstitucionalidade Da Negativa Da Cidadania Italiana Por Via Maternal: A Lei Italiana E As Decisões Contemporâneas, Daniela Menengoti Ribeiro, Daniel Patroni

Daniela Menengoti Ribeiro

O presente trabalho busca inicialmente resgatar o conceito de nacionalidade e cidadania adotado pelo direito brasileiro e italiano, e ilustrar os sistemas aplicados pela legislação interna dos países: ius sanguinis e ius soli. Posteriormente imerge na analise das legislações italianas que abordam o tema da cidadania durante seus diversos períodos históricos, culminando na hipótese de negativa da cidadania italiana por via maternal afirmada pela Constituição República Italiana, em vigor a partir 1° de janeiro de 1948. Por fim, analisa as decisões contemporâneas da Corte Suprema di Cassazione Italiana, sua relação com a Convenção de Nova Iorque de 18 de dezembro …

Droits Individuels Des Travailleurs Et Licenciement Collectif, Philippe Reyniers

Philippe Reyniers

The casenote criticises the "essentialist" approach of the European Court of justice in the definition of a collective right to consultation in the phase of restructuring. It defends a "functionalist" approach, where collective labour rights are individual rights exercised collectively.

Evidence In International Criminal Trials: Lessons And Contributions From The Special Court For Sierra Leone, Patrick Matthew Hassan-Morlai

Patrick Matthew Hassan-Morlai

The general aim of this paper is to contribute to the discourse on the development of a system of international criminal justice. In so doing, this paper will pay attention to one aspect – rules of evidence – and examine its role in ensuring the rights to fair trial. The examination is limited to discussing offences relating to the jurisdiction ratione materiae of the SCSL contained in Articles 2-5 of the SCSL Statute.

Re-Examining Investor Protection In The Eu And Us, John Ja Burke

John JA Burke

The year 2009 is a propitious time to evaluate systems of investor protection in financial markets as global bank losses exceed the 1 trillion mark and market losses equally exceed the 1 trillion mark. Prior to the Global Financial Crisis, the European Union enacted sweeping legislation to reform its system of investor protection. The Markets in Financial Instruments Directive [MiFID] is the regulatory equivalent of the deregulatory 1987 “Big Bang” that shaped the current European financial markets. It also applies to one of the world’s largest trading regions. This article examines select investor protection provisions of MiFID and their analogues …

The Effects Of Devaluation Of The Tenge Upon The Kazakhstan Economy, John Ja Burke

John JA Burke

This article examines the probable effect of the February 2009 devaluation of the Tenge on the Kazakhstan economy. Conventional wisdom holds that currency devaluation increases exports, protects domestic production, and preserves foreign exchange currency reserves. While the latter states the obvious, the causal relation between currency devaluation and increased export revenue and increased domestic production, though logically valid, requires the passage of time to measure. In the context of Kazakhstan, the question of devaluation and its effects also must be examined within the “Dutch Disease” model, as Kazakhstan is an oil dependent country. History teaches that devaluing the Tenge is …

Taking Up The Security Challenge Of Climate Change, Rymn J. Parsons

Rymn J Parsons, Esq.

Climate change, in which man-made global warming is a major factor, will likely have dramatic and long lasting consequences with profound security implications, making it a challenge the United States must urgently take up. The security implications will be most pronounced in places where the effects of climate change are greatest, particularly affecting weak states already especially vulnerable to environmental destabilization. Two things are vitally important: stemming the tide of climate change and adapting to its far-reaching consequences. This project examines the destabilizing effects of climate change and how the military could be used to mitigate global warming and to …

The Legal And Practical Aspects Of Atm's In Tanzania, Daudi Mwita Nyamaka Mr.

Daudi Mwita Nyamaka Mr.

The concern of our study was to examine the legal and practical aspects of ATMs in Tanzania. The major problems that were being examined are; the 24 hours operation on ATMs vis-à-vis system failure or error and the system of one bank allowing cardholders of another bank to use its ATMs. With the first problem, all banks in Tanzania with ATMs have attractive advertisements to customers that affirm sufficient services in any time of the day but in reality, the machines usually fail to respond the instructions of the cardholder regardless the fact that the cardholder inserts the card and …

Prosecuting And Adjudicating Trafficking In Persons Cases In Australia: Obstacles And Opportunities, Anne T. Gallagher

Anne T Gallagher

No abstract provided.

Cuarto Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García

Bruno L. Costantini García

Memorias del Cuarto Congreso Nacional de Organismos Públicos Autónomos

"El papel de los Organismos Públicos Autónomos en la Consolidación de la Democracia"

Africa, Mark J. Calaguas

Mark J Calaguas

The Africa Committee's contribution to the 2008 Year-in-Review issue of the American Bar Association Section of International Law's quarterly journal, The International Lawyer

Cyberwarfare And The Use Of Force Giving Rise To The Right Of Self-Defense, Matthew Hoisington

Matthew Hoisington

Cyberwarfare represents a novel weapon that has the potential to alter the way state and non-state actors conduct modern war. The unique nature of the threat and the ability for cyberwar practioners to inflict injury, death, and physical destruction via cyberspace strains traditional definitions of the use of force. In order to clearly delineate the rights of the parties involved, including the right to self-defense, the international community must come to some consensus on the meaning of cyberwarfare within the existing jus ad bellum paradigm. After examining the shortcomings inherent in classifying cyberattacks according to classical notions of kinetic warfare, …

Good Call, County Attorney Gaertner; Your Turn, Legislature, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

Law Enforcement Cooperation In Anti-Trafficking Cases, Anne T. Gallagher, Paul Holmes

Anne T Gallagher

Gallagher and Holmes consider the extent to which cross-border cooperation between national law enforcement agencies is necessary for an effective criminal justice response to trafficking. In exploring the opportunities and challenges of such cooperation, the presenters draw on first-hand experience of working with the ASEAN Heads of Specialist Trafficking Units Process ; established in 2004 to promote exchange of intelligence and good practices between specialist trafficking units in South East Asia.

Recent Private International Law Developments Before The Supreme Court Of Canada, Antonin I. Pribetic

Antonin I. Pribetic

A trilogy of interesting cases involving private international law recently wended their way to the Supreme Court of Canada: (1) King v. Drabinsky (an Ontario case addressing the applicability of the Charter in respect of the enforcement of a foreign judgment); (2) Teck Cominco Metals Ltd. v. Lloyd's Underwriters (a British Columbia case involving declaratory relief in the context of parallel proceedings and forum non conveniens); and (3) Yugraneft v. Rexx Management Corporation (an Alberta case which affirmed that the two-year limitation period under s.3 of Alberta's Limitations Act, governs when a party seeks the recognition and enforcement in Alberta …

The Real Authors Of The Congo Crimes. Nkunda Has Been Arrested But Who Will Arrest Kagame?, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

La Marca Renombrada, ¿Un Obstaculo A La Libre Competencia?, Salvador Francisco Ruiz Medrano

Salvador Francisco Ruiz Medrano

The present investigation is the fruit of my interest in the Italian doctrine regarding well known trade marks. The Italian doctrine was based in the 1942, June 21st Decree, which for some scholars did not protect the attractive force of the well known trade mark, since such a protection would have been based not in the quality of the products and services offered, but in an absolutely irrational data, which is the suggestive capacity of the trade mark. The protection of this attractive power will not do any favor to free trade market; on the contrary, it would create monopolist …

The Interpretation Of European Union Law And The Dislocation Of The Patterns Of European Social Legitimacy, Philippe Reyniers

Philippe Reyniers

The present paper first defends that the interpretation of European Union law is not an operation that concerns the relationship between a legal norm and a judge, but also the inter- institutional relationship of the judicial and other political legitimacies. It then goes on to analyse the development of new modes of governance as a form of de-judicialisation and an “exit” from regulation by law. It finishes by analysing the Laval case as an example of deference the Court of justice and the European legislator, conceived in an outdated institutional setting. It concludes that the recuperation of legitimacy (“voice”) developed …

Ethanol Diplomacy: Brazil And Us In Search Of Renewable Energies, Wilson Jesus Beserra Almeida

Wilson Jesus Beserra Almeida

The objective of this study is to broaden the discussion regarding renewable energies to better un- derstand relations between the United States and Brazil. The administrations of those nations, as well as certain companies from each country, have already begun the search for creative solutions for what is considered today the biggest problem facing our planet: the imminent lack of energy once oil runs out.

Львова Єлизавета Олегівна. Правове Регулювання Міжнародного Економічного Правопорядку. : Дис... Канд. Наук: 12.00.11 - 2009., Elizabeth Lvova

Elizabeth Lvova

The thesis highlights the legal regulation of international economic law order (IELO). To this end the author analyzes the conceptual structure of international economic law, classic and modern approaches to the concept of international economic law, international law order, the role of Ukraine as а member of the world association in formation and development of international economic law, and also new approach to the determination of the concept and the essence of international economic law order is offered.

Jurisdiction And Admissibility Before The International Criminal Court, Joseph Davids

Joseph Davids

This paper analyses issues of jurisdiction and admissibility before the ICC in cases of self-referrals. The paper looks to the rules of procedure, the treaty and pragmatic considerations in an attempt to predict how the court would rule where a defendant challenges admissibility in a case that was self-referred but the referring State begins an investigation in to the crime.

Thomas Hardy’S Tess Of The D’Urbervilles, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Rights Of Arrested Person- Case Analysis, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Violation Of Right To Way, Right To Access Of Light And Right To Access Of Air And Other Easementary Rights, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Comparative Study Of The Prinicples Of Contract Formation Of India, China, Usa And France, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Non Resumption Of Cohabatation As A Fault Ground Of Divorce Under The Hindu Marriage Act, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Formação Da Comunidade Européia: Cristianismo E Democracia Na Declaração De Robert Schuman, Daniela Menengoti Ribeiro

Daniela Menengoti Ribeiro

This paper is intended to demonstrate the existing convergence between Christian-democratic thinking and its influence on the process of unification of Europe by bringing close together the discourses held by the politicians who founded the European Community, with the catholic leaders and allies of the Christian Democratic Party as protagonists. To achieve this goal, the first step is to illustrate the values and ideas that gave rise to the development of the European leaders’ thinking as a means of guaranteeing permanent peace through political and economic union. A second step consists in analyzing the social-Christian doctrine thinking regarding the construction …