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Articles 1 - 12 of 12
Full-Text Articles in Law
International Cooperation Over Water Use In Central Asia, Jaume Saura Estapà
International Cooperation Over Water Use In Central Asia, Jaume Saura Estapà
Jaume Saura Estapà
The aim of this paper is to analyse one of the key factors for understanding the region ofCentral Asia: its distinctive relationship to water resources. The first section examines the management of water resources in the region from the viewpoint of the obligation of cooperation established in general international law. Then, we explore the implications of water management in terms of the rights of citizens, regional cooperation in the management, conservation and sustainable development of the inland fisheries of Central Asia, and cooperation in the generation and distribution of hydroelectric power in the region.
Intentional Parenthood: A Solution To The Plight Of Same-Sex Partners Striving For Legal Recognition As Parents, Yehezkel Margalit
Intentional Parenthood: A Solution To The Plight Of Same-Sex Partners Striving For Legal Recognition As Parents, Yehezkel Margalit
Hezi Margalit
One significant ramification of the plight of same-sex partners attempting to receive legal recognition of their non-“traditional” family structure is their inability to be recognized as the legal and/or additional parent of a non-biologically related child either by adoption or following fertility treatments. It is a fact that gay partners are not legally recognized as married, therefore they are not granted the same legal recognition as their heterosexual peers. In this research, I will explore the main approaches available today to same-sex partners to acquire legal parentage and their inherent difficulties. I will suggest a way to circumvent those difficulties …
Foreign Investment-Induced Migration In Colombia: Rethinking The Legal Schemes Of Protection And Accountability, Marco A. Velásquez-Ruiz
Foreign Investment-Induced Migration In Colombia: Rethinking The Legal Schemes Of Protection And Accountability, Marco A. Velásquez-Ruiz
Marco A. Velásquez-Ruiz
This paper intends to explore the relation between foreign investment and forced Migration in the context of Colombian armed conflict. Through the illustration of recent cases, it shows the various forms in which the operation of multinational corporations has generated adverse effects to the vulnerable communities located at their area of influence, thus generating processes of involuntary human mobility. In that way, it is established that there is a symbiotic relation between conflict and development, affecting the structure and scope of the norms for both the protection of forced migrants and accountability for human rights violations. This is so because …
Indigenus Peoples' Rights At The Intersection Of Human Rights And Intellectual Property Rights, Chidi Oguamanam
Indigenus Peoples' Rights At The Intersection Of Human Rights And Intellectual Property Rights, Chidi Oguamanam
Chidi Oguamanam
Exploration of the interface between human rights (HRs) and intellectual property rights (IPRs) is a venture still at a gestational stage. One of the major challenges of that initiative is how to map indigenous peoples’ rights into the discourse. Indigenous peoples’ rights pose significant challenges to both HRs and IPRs jurisprudence. Not only is there a clarity gap over indigenous peoples’ rights in the international bill of rights. Indigenous people’s rights are analogous misfits to any head of conventional HRs as well as conventional IPRs. Overall, indigenous people’s rights are a source of irritation to both HRs and IPRs. The …
Concerning Summary Repatriations Of Sex-Trafficking Victims Out Of Cambodia Part Ii (Law And Steps For Repatriation), Patrick M. Talbot
Concerning Summary Repatriations Of Sex-Trafficking Victims Out Of Cambodia Part Ii (Law And Steps For Repatriation), Patrick M. Talbot
Patrick M Talbot
No abstract provided.
Super-Intermediaries, Code, Human Rights, Ira Nathenson
Super-Intermediaries, Code, Human Rights, Ira Nathenson
Ira Steven Nathenson
We live in an age of intermediated network communications. Although the internet includes many intermediaries, some stand heads and shoulders above the rest. This article examines some of the responsibilities of “Super-Intermediaries” such as YouTube, Twitter, and Facebook, intermediaries that have tremendous power over their users’ human rights. After considering the controversy arising from the incendiary YouTube video Innocence of Muslims, the article suggests that Super-Intermediaries face a difficult and likely impossible mission of fully servicing the broad tapestry of human rights contained in the International Bill of Human Rights. The article further considers how intermediary content-control procedures focus too …
Intellectual Property, Ag-Biotech And The Right To Adequate Food: A Critical African Perspective, Chidi Oguamanam
Intellectual Property, Ag-Biotech And The Right To Adequate Food: A Critical African Perspective, Chidi Oguamanam
Chidi Oguamanam
Recent transformations in agricultural innovations have resulted in the consolidation of intellectual property rights in the agricultural arena resulting in an ongoing struggle for the control of plant genetic resources. For many developing countries, especially in Africa, traditional and communal-based artisanal farmers are the producers of over three quarters of regional food supply. But contemporary techno-legal transformations in agriculture undermine the critical role of these informal actors in a manner that aggravates the state of regional food insecurity in Africa. The aspirations of African countries to implement their obligations in regard to the right to adequate food under the International …
Climate Change And The Ageing Population: Enforcing The Rights To Life And Health Under Human Rights, Health And Climate Change Regimes, Saheed A. Alabi
Climate Change And The Ageing Population: Enforcing The Rights To Life And Health Under Human Rights, Health And Climate Change Regimes, Saheed A. Alabi
Saheed Alabi
This article explores potential methods of protecting the ageing population from the consequences of climate change. It discusses the enforcement of the "right to life" (the right to live a life free from environmental degradation) and/or health relating to the environment in protection of the ageing population. Many countries have codified the right to life and/or health in their constitutions. In order to enjoy this right, it is essential that a clean and healthy environment be secured. Thus, this article assesses the consideration of climate change by international human rights and health regimes. It also examines whether climate obligations such …
A Noble Cause: A Case Study Of Discrimination, Symbols, And Reciprocity, In: Diversity And European Human Rights, Yofi Tirosh
A Noble Cause: A Case Study Of Discrimination, Symbols, And Reciprocity, In: Diversity And European Human Rights, Yofi Tirosh
Yofi Tirosh
This chapter is part of a volume dedicated to rewriting human rights cases issued by the European Court of Human Rights. It uses the case of De La Cierva Osorio De Moscoso v. Spain (1999) as a platform to discuss the inherent tension typifying signs such as nobility titles – as merely symbolic or as carrying substantive content. The problem of one’s ownership of signs is especially acute in the case of women. I will argue that the distinction between form and substance collapses in this case, as in many other cases that involve allocation of allegedly merely symbolic signifiers …
In The Shadow Of An Absent Law. Human Rights And The Meaning From Conrad To Coppola,Via Eliot And Brooks, Pier Giuseppe Monateri
In The Shadow Of An Absent Law. Human Rights And The Meaning From Conrad To Coppola,Via Eliot And Brooks, Pier Giuseppe Monateri
Pier Giuseppe Monateri
"A Presentation Held at the Annual Meeting of Italian Association of Law and Literature (AIDEL) analyzing the way Coppola produces meaning through deferral giving the Human Rights content to the faceless horrors of Conrad's Kurtz, via essential quotations from Eliot. In this way the Author also purport a theory of the meaning of the Waste Land through the close reading of its Epigraphe after Pound's interventions,"
Smart Power For Hard Problems: The Role Of Special Operation Forces Strengthening The Rule Of Law And Human Rights In Africa, Kevin H. Govern
Smart Power For Hard Problems: The Role Of Special Operation Forces Strengthening The Rule Of Law And Human Rights In Africa, Kevin H. Govern
Kevin H. Govern
This article will assess the roles and responsibilities of Special Operations Forces (SOF) within the newly created U.S. Africa Command (AFRICOM) as an active proponent of a so-called “smart power” national security strategy. In particular, it will outline the economic, political, and military challenges faced in Africa; specifically, how and why SOCAFRICA is the U.S. force of choice for promoting human rights and rule of law in Africa. With the goals of the U.S. military in mind, questions will necessarily arise as to “what success looks like” for both the U.S. and African nations, and the roles of each in …
Corporate Liability In Regional Human Rights Courts, Diana Kearney
Corporate Liability In Regional Human Rights Courts, Diana Kearney
Diana Kearney
No abstract provided.