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Full-Text Articles in Law
Fair Trial Guarantees Before The Court Of Arbitration For Sport, Jernej Letnar Cernic
Fair Trial Guarantees Before The Court Of Arbitration For Sport, Jernej Letnar Cernic
Jernej Letnar Černič
The right to a fair trial is one of the backbones of the rule of law and a conditio sine qua non for the protection of human rights and fundamental freedoms. This article examines whether fair trial guarantees also exist before the Court of Arbitration for Sport. It attempts to identify whether the Court of Arbitration for Sport follows the fair trial guarantees developed in the jurisprudence of the European Court of Human Rights. This article thereafter tries to draw out an understanding of fair trial guarantees in sports arbitration.
The Romantic Corporation: Trademark, Trust, And Tyranny, Malla Pollack
The Romantic Corporation: Trademark, Trust, And Tyranny, Malla Pollack
Malla Pollack
Humans in the United States, and many other market-centric nations, live in a world extensively populated by friendly, helpful, honest, charitable, patriotic beings worthy of our respect and support – none of whom exist. Yet these fellow-beings speak to us humans so often that they must be part of our ingrained perception of the world. Who are they? They are the marketing personas created by totally self-interested businesses. They harm humans not only by misdirection in specific instances, but by providing cover for our government’s improper prioritization of corporate interests over human interests. This systemic distortion of public perception is …
The European Social Charter And Its Implementation In The Republic Of Azerbaijan, Zaka Mirzayev
The European Social Charter And Its Implementation In The Republic Of Azerbaijan, Zaka Mirzayev
Zaka Mirzayev Zaka
In the article the European Social Charter, the core of the European social model is studied from the perspective of its potential implementation challenges in the Republic of Azerbaijan. Azerbaijan's efforts for the due fulfillment of the Charter obligations are analyzed in light of its legislation and legal practice, as well as in the context of the government’s relevant national reports that have been submitted to the Council of Europe up to day. Further, theoretical and practical problems impeding the treaty’s full implementation in the country are identified. The article also deals with issues relating to the Charter’s international and …
Does Justice Always Require Prosecution? The International Criminal Court And Transitional Justice Measures, Elizabeth B. Ludwin King
Does Justice Always Require Prosecution? The International Criminal Court And Transitional Justice Measures, Elizabeth B. Ludwin King
Elizabeth B Ludwin King
Two provisions of the Rome Statute of the International Criminal Court (ICC), those regarding complementarity and discretion to decline “in the interests of justice,” give the ICC Prosecutor the ability to yield to a state that wants to undertake its own transitional justice program. Given the global preference for the imposition of individual criminal liability for serious international crimes, as evidenced by the creation of the ICC, it is highly likely that most such programs will involve prosecution. This Article asks whether the ICC Prosecutor might step aside when faced with a state that favors other mechanisms of accountability and …
Remarks At The Launching Of The Anti-Trafficking Review, Anne T. Gallagher
Remarks At The Launching Of The Anti-Trafficking Review, Anne T. Gallagher
Anne T Gallagher
Remarks delivered by Dr Anne Gallagher, Guest Editor, at the launch of the new journal: Anti-Trafficking Review.
There Is But One Sword That Defends The Rights Of Man- Bringing Lgbt Rights Out Of The Closet, Jonathan M. Bhagan
There Is But One Sword That Defends The Rights Of Man- Bringing Lgbt Rights Out Of The Closet, Jonathan M. Bhagan
Jonathan m Bhagan
Introduction. International norms of human rights are a powerful force for interpreting, protecting and growing rights on the domestic plane. Courts throughout the Commonwealth already look to international norms to flesh out rights, whether they are found in the constitutional jurisprudence of other common law states in Treaties or Treaty based case law. While some schools of jurisprudence claim that International and Domestic law are two separate spheres , throughout the paper it will be shown that judges have consistently looked to foreign and International Law as inspiration and support for their decisions in key human rights cases. This trend …
Transparency Between Norm, Technique And Property In International Law And Governance—The Example Of Corporate Disclosure Regimes And Environmental Impacts, Larry Cata Backer
Transparency Between Norm, Technique And Property In International Law And Governance—The Example Of Corporate Disclosure Regimes And Environmental Impacts, Larry Cata Backer
Larry Cata Backer
This article considers the role of transparency in corporate governance, focusing on the regulatory forms in international environmental law and policy. It is divided into five sections. After this Introduction, Section II considers conventional sources of international environmental law for its transparency effects on the environmental impacts of business activity, looking at both hard law and soft law frameworks. While there is a substantial and growing body of public international hard and soft law frameworks in environmental governance, much of that is focused on the role of states and the information and participation rights of affected communities in the political …
Intimate Matters: Discovery Avenues Towards Straight Women's Human Rights, Alice Bullard Ph.D.
Intimate Matters: Discovery Avenues Towards Straight Women's Human Rights, Alice Bullard Ph.D.
Alice Bullard Ph.D.
“Intimate Matters: Discovering Avenues toward Straight Women’s Human Rights” © Alice Bullard, Ph.D., J.D. expected May 2012 email: ab654@law.georgetown.edu Abstract: This paper demonstrates the need, and the legal right under international human rights law to support, for developing and teaching intimate strategies for women’s emancipation. The international human rights agenda largely overlooks heterosexual sex is a facet of women’s subjugation; we argue here to correct that oversight, to integrate an understanding of the potential of heterosexual sex to (re)produce women’s subordination, and to sketch a program to combat this tendency. At issue is not overt sexual violence or sexual acts …
Rape Trauma, The State, And The Art Of Tracey Emin, Yxta M. Murray
Rape Trauma, The State, And The Art Of Tracey Emin, Yxta M. Murray
Yxta M. Murray
Prosecutors use “rape trauma syndrome” evidence at rape trials to explain victims’ “counterintuitive” behaviors and demeanors, such as late reporting, denying their rapes, returning to the scenes of their attacks, and lack of emotional affect. Courts and experts, in instructions and testimony, usually describe victim reticence as a product of “shame” or “trauma.” Feminist critics of R.T.S. evidence posit that it is based on incomplete evidence, because most rapes are unreported. Furthermore, they object to its condescending, sexist, and colonial construction of rape victims and their emotions. In this Article, I respond to feminist critics by studying the work of …
Update: Organization Of American States, Jillian Blake
Update: Organization Of American States, Jillian Blake
Jillian Blake
No abstract provided.
The Primary Right, Carter Dillard
The Primary Right, Carter Dillard
Carter Dillard
As climate change materializes, legal theorists face the urgent need to develop a normative baseline for environmental regulation. Meanwhile, in the seemingly unrelated field of political exit theory, theorists have presumed that while one ought to be able to exit any polity one cannot exit all polities. This essay challenges that presumption, and simultaneously addresses the baseline problem in environmental law, by combining the analyses to develop a new human right derived from exit right theory called the primary right: a general claim-right of reasonable access to wilderness. The derivation is simple: If consent is necessary to justify political association, …