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Articles 1 - 5 of 5
Full-Text Articles in Law
The Eu's Human Rights Obligations Towards Distant Strangers, Aravind Ganesh
The Eu's Human Rights Obligations Towards Distant Strangers, Aravind Ganesh
Aravind Ganesh
The EU has perfect human rights obligations towards distant strangers. My argument has two limbs: Firstly, in numerous policy areas, the EU asserts jurisdiction via ‘territorial extension’, which combines territorially limited enforcement jurisdiction with a claim of geographically unbounded prescriptive jurisdiction. Doctrinally, this strongly resembles the Lotus principle, and viewed analytically, amounts to a claim not just of power but of political authority. Thus, the EU creates not just factual effects, but legal effects abroad. Secondly, assertions of political authority, even if only de facto, give rise to perfect human rights obligations. I illustrate this by reference to the Strasbourg …
The Eu’S Accession To The European Convention On Human Rights: An International Law Perspective, Jed Odermatt
The Eu’S Accession To The European Convention On Human Rights: An International Law Perspective, Jed Odermatt
Jed Odermatt
Article 6(2) of the Treaty on European Union establishes that the Union “shall accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms.” In early 2013, negotiators of the 47 Council of Europe member states and the European Union finalised a draft Accession Agreement that would allow the EU to accede to Convention. Taking this draft Accession Agreement as a starting point, this paper examines the issues and challenges that EU accession poses from an international law perspective. Much of the literature on the EU accession has focused on the effect that this process will have …
International Human Rights Law And Co-Parent Adoption, Prof. Elizabeth Burleson
International Human Rights Law And Co-Parent Adoption, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
Children would benefit substantially if governments legally recognized same sex marriages and parenting. This article analyzes international human rights law, co-parent adoption, and the recognition of gay and lesbian families. It addresses civil marriage and adoption challenges for same sex families and assesses European Court of Human Rights jurisprudence relating to same-sex adoption. This article considers the international community's efforts to implement the best interest of the child standard concluding that recognition of same sex families is in the best interest of the child and should be facilitated in a timely manner by jurisdictions at all levels.
Balancing Free Speech And Privacy Interests In The Public Media Disclosure Of Personal Medical Information (A Comparative Analysis Of Laws Of The United States And Those Of The United Kingdom Under The European Convention On Human Rights), Susan Zeller Dunn
Susan Z Dunn
This article examines one of the areas where privacy rights and free speech come into conflict -- media disclosure of personal medical information. It includes a summary of the significant changes in privacy law addressed in the United States, United Kingdom and within the European Court of Human Rights which impact the free speech/medical privacy debate. Further, it presents the premise that while current laws favor the public disclosure of certain types of health/medical problems (I.E. AIDS/HIV, mental illness, and substance abuse), as “a legitimate public concern,” the overall interests of the community are best served by vigilantly protecting the …
Meditations On Strathclyde: Controlling Private Land Use Restrictions At The Crossroads Of Legal Systems, John A. Lovett
Meditations On Strathclyde: Controlling Private Land Use Restrictions At The Crossroads Of Legal Systems, John A. Lovett
John Lovett
This article presents a comparative study of a pivotal case decided by the Lands Tribunal of Scotland, Strathclyde Joint Police Board v. The Elderslie Estates Ltd. The decision exemplifies how Scotland, one of the world’s leading mixed jurisdictions, addresses several fundamental property law issues. Should landowners be allowed to impose restrictions on the use of land that bind future owners in perpetuity? Should courts have any power to modify or terminate those land use restrictions if the passage of time appears to undermine their initial purpose and utility? Does the application of the European Convention on Human Rights change how …