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Articles 1 - 30 of 120
Full-Text Articles in Law
Law 96 Of 1992, Kari P. Kammel
Law 96 Of 1992, Kari P. Kammel
Archived Theses and Dissertations
No abstract provided.
Difficult Of Imagining And Accepting The Other: The Sunni In Iran And The Shi'a In Bahrain, Nermeen Essam Adel Aziz
Difficult Of Imagining And Accepting The Other: The Sunni In Iran And The Shi'a In Bahrain, Nermeen Essam Adel Aziz
Archived Theses and Dissertations
The legal basis in Iran and Bahrain whether domestic law or international law regulates and determines the government's attitude and behavior towards its people. At the same time, state's attitude affects the way in which laws are formulated and implemented at the same time. Iran and Bahrain represent two critical examples in addressing the issue of majority and minority rights and the idea of imagining and accepting the other in terms of human rights violations. The inability of imaging the other leads to human rights violations in both states. These violations are committed in one case by a majority towards …
"I Am Not Good Enough For The State Because I Am A Woman": The Feminization Of Poverty, A Violation Of Women's Social Rights?, Masa Amir
Archived Theses and Dissertations
This thesis explores the conception of the feminization of poverty, the notion that women experience a higher incidence of poverty than men, that women are prone to suffer more persistent/long-term poverty than men, that women's disproportionate burden of poverty is rising relative to men, that women face more barriers to lifting themselves out of poverty, that the â feminization of poverty' is linked with the â feminization of household headship,' and that women-headed households are the poorest of the poor. Seeing that poverty has been defined as capability deprivation that prevents individuals from leading the kind of life they have …
Binary Variations On An Unfortunate Theme: Towards A Sustainable Analysis Of Human Trafficking, Matthew Dompier
Binary Variations On An Unfortunate Theme: Towards A Sustainable Analysis Of Human Trafficking, Matthew Dompier
Archived Theses and Dissertations
The current state of international law and human rights provide a rich context for a critique of the discourse of human trafficking: how the discourse is framed, how it is used and what the effects of this use are. This research suggests that the discourse of human trafficking is often employed in a binary, dualistic manner in its framing, conceptualization and common manifestations. The binary determination of human trafficking as a human right violation or a crime was particularly evident in the negotiating process for the definition of human trafficking contained in the UN Trafficking Protocol, which represented an opportunity …
Protection Of Internally Displaced Persons In Darfur: A Dilemma And Failure Of Responsibility To Protect., Assad Salih
Protection Of Internally Displaced Persons In Darfur: A Dilemma And Failure Of Responsibility To Protect., Assad Salih
Archived Theses and Dissertations
One of the new emerging debatable topics is protection of Internally Displaced Persons [IDPs] from suppression of their governments. The topic has not been discussed extensively. Writings that discuss protection of IDPs are not extensive and discuss it rhetorically without defining protection mechanisms. This thesis adds to the ongoing discussion by defining and examining these protection mechanisms. It will include the emergence of new concepts like â â human securityâ â and â â responsibility to protectâ â which have changed the conceptualization of state sovereignty. The thesis will use Darfur as a case study a place where many scholars …
Detention As A Deterrent: The Legal Framework And Practices Of Migration Related Detention In Germany And Austria, Henriette Hã¤Nsch
Detention As A Deterrent: The Legal Framework And Practices Of Migration Related Detention In Germany And Austria, Henriette Hã¤Nsch
Archived Theses and Dissertations
The detention of migrants and asylum-seekers on administrative grounds is common practice in Germany and Austria. Administrative detention in migration settings mainly aims at facilitating deportation procedures but can also lead to deterrence. A definition for deterrence in pre-deportation detention settings is developed in this paper and applied to three German and three Austrian court cases. In this way, it is possible to show how deterrence occurs and what it looks like. Broad discretionary powers and insufficient training for law enforcement agents, such as the immigration police, as well as vague standards and procedures, play a role in the occurrence …
Durable Solutions For Stateless Persons In Egypt, Kelly Mcbriide
Durable Solutions For Stateless Persons In Egypt, Kelly Mcbriide
Archived Theses and Dissertations
This piece focuses on stateless persons outside their country of origin/habitual residence who are now in Egypt. A number of stateless persons have been detained because of their illegal entry into Egypt, and because of their lack of deportability, their detention becomes indefinite. There are also a number of stateless persons who are not under the protection of the UNHCR Cairo living in Cairo, who are at risk of indefinite detention because of their lack of documentation. This is a critical analysis of the UNHCR's role in implementing their mandate, and also an understanding that ultimately it is up to …
Defining The End Of New Wars, Jeroen Jansen
Defining The End Of New Wars, Jeroen Jansen
Archived Theses and Dissertations
New wars are defined by their innate disposition to blur distinctions and human rights violations while structurally undermining the enjoyment of human rights. These wars are self-fueling human rights cataclysms that destroy society and its social contract by blurring the distinction between government, army and people. These characteristics prolong into what is perceived as post-conflict and blur the distinction between war and peace. The lack of acknowledgment and understanding of these characteristics among the actors who provide relief and seek resolution to the conflict undermines the effectiveness of their actions and the coordination among them resulting in aid gaps. The …
Should The Right To Strike Be Justified As A Civil Or Political Right?, Elham Eidarous Al-Kassir
Should The Right To Strike Be Justified As A Civil Or Political Right?, Elham Eidarous Al-Kassir
Archived Theses and Dissertations
The recognition and protection of the right to strike have seen huge developments since the beginning of the twentieth century. The traditional basis upon which this right was based on the international arena and in national jurisdictions is one that views the right to strike as an essential tool in the hands of workers and their representative organizations to strengthen their bargaining power against employers, which means that the right to strike is one of economic and social rights enjoyed by humans in their capacity as workers. Yet, there are calls for widening the basis of recognition of this right …
Rethinking Norms On Return To Urban Refugee Situations: Sub-Saharan African Refugees In Cairo And Irregular Secondary Movement To Israel, Mallory Charlotte Wankel
Rethinking Norms On Return To Urban Refugee Situations: Sub-Saharan African Refugees In Cairo And Irregular Secondary Movement To Israel, Mallory Charlotte Wankel
Archived Theses and Dissertations
The long-running controversy in international refugee law over the concept of safe third countries is particularly challenging when refugees migrate irregularly from urban settings. While urban-based refugees often face a distinct set of human rights violations, the complexity that characterizes how these abuses fit into the larger picture of urban poverty and state ineffectiveness, combined with continued ambiguity concerning the minimal standards of protection necessary to allow a state to return a refugee to a first country of asylum, allows receiving states to deny protection obligations by relying on the argument that the hardships compelling movement, if they did not …
Islamic Inheritance Law Reform: The Problem Of Orphaned Grandchildren's Inheritance Rights, Salah Hesham Hamouda
Islamic Inheritance Law Reform: The Problem Of Orphaned Grandchildren's Inheritance Rights, Salah Hesham Hamouda
Archived Theses and Dissertations
Islamic inheritance law excludes orphaned grandchildren from inheriting a share of their grandparent's estate in the event of surviving uncles and aunts under the rule that the nearer in degree excludes the more remote. For centuries, this prohibition has prevented orphaned grandchildren from inheriting a share of their grandparent's estate. Mediaeval Islamic juridical treatises claimed that inheritance law's provisions are the final dictate of God and their authority cannot be questioned. States have tried to resolve the conflict between the provisions of Islamic law and social needs by adopting various devices of reform such as ijtihad, taqlid, takhayyur, and talfiq. …
Arbitration: A Comparative Study, Samer M. Badran
Arbitration: A Comparative Study, Samer M. Badran
Archived Theses and Dissertations
No abstract provided.
Policy Vs. Deduction: Finance Lease Between Formal Property And Economic Reality, Akram Korany
Policy Vs. Deduction: Finance Lease Between Formal Property And Economic Reality, Akram Korany
Archived Theses and Dissertations
No abstract provided.
The Legality Of The International Criminal Court Investigations In Kenya, Mgugua Robert Chege
The Legality Of The International Criminal Court Investigations In Kenya, Mgugua Robert Chege
Archived Theses and Dissertations
No abstract provided.
Highlighting The Major Weaknesses Of The Wto Anti-Dumping Agreement Which Cause International Market Distortion, Ahmed Rabie A. A. El-Nour
Highlighting The Major Weaknesses Of The Wto Anti-Dumping Agreement Which Cause International Market Distortion, Ahmed Rabie A. A. El-Nour
Archived Theses and Dissertations
No abstract provided.
The Right To Appeal Of A Person Sentenced For A Criminal Offense: The Current Egyptian Ordinary Legal System And Its Degree Of Compliance With Internationally Recognized Standards, Mohamed El-Ghannam
The Right To Appeal Of A Person Sentenced For A Criminal Offense: The Current Egyptian Ordinary Legal System And Its Degree Of Compliance With Internationally Recognized Standards, Mohamed El-Ghannam
Archived Theses and Dissertations
No abstract provided.
Adversarial Or Inquisitorial: Which Approach Is Closer To Arbitration?, Ahmed Galal Zaki
Adversarial Or Inquisitorial: Which Approach Is Closer To Arbitration?, Ahmed Galal Zaki
Archived Theses and Dissertations
No abstract provided.
The Right To Health: A Case Study On Hepatitis C In Egypt, Dina Iskander
The Right To Health: A Case Study On Hepatitis C In Egypt, Dina Iskander
Archived Theses and Dissertations
No abstract provided.
Taking The State To Court: A Study Of The Baha’I Case, Reem Awny Abuzaid
Taking The State To Court: A Study Of The Baha’I Case, Reem Awny Abuzaid
Archived Theses and Dissertations
No abstract provided.
Assessment Of The Dispute Settlement Mechanism In The Context Of The Wto, Shaymaa Mahmoud Bayoumi
Assessment Of The Dispute Settlement Mechanism In The Context Of The Wto, Shaymaa Mahmoud Bayoumi
Archived Theses and Dissertations
No abstract provided.
Law As A Tool For Empowering Women Within Marital Relations: A Case Study Of Paternity Lawsuits In Egypt, Hind Ahmed Zaki
Law As A Tool For Empowering Women Within Marital Relations: A Case Study Of Paternity Lawsuits In Egypt, Hind Ahmed Zaki
Archived Theses and Dissertations
No abstract provided.
"This Soul Which Has Suffered": : The Objectification Of Guantanamo Detainees In Law, Menna M Khalil
"This Soul Which Has Suffered": : The Objectification Of Guantanamo Detainees In Law, Menna M Khalil
Archived Theses and Dissertations
No abstract provided.
Exploring New Arguments For The Protection Of Refugee Women: Holding States, Unhcr, And International Ngos Accountable For Violations Of Human Rights, Natalie I Forcier Beville
Exploring New Arguments For The Protection Of Refugee Women: Holding States, Unhcr, And International Ngos Accountable For Violations Of Human Rights, Natalie I Forcier Beville
Archived Theses and Dissertations
No abstract provided.
Protection Of Internally Displaced Persons In Darfur: A Dilemma And Failure Of Responsibility To Protect, Assad Khalid Salih
Protection Of Internally Displaced Persons In Darfur: A Dilemma And Failure Of Responsibility To Protect, Assad Khalid Salih
Archived Theses and Dissertations
One of the new emerging debatable topics is protection of Internally Displaced Persons [IDPs] from suppression of their governments. The topic has not been discussed extensively. Writings that discuss protection of IDPs are not extensive and discuss it rhetorically without defining protection mechanisms. This thesis adds to the ongoing discussion by defining and examining these protection mechanisms. It will include the emergence of new concepts like â â human securityâ â and â â responsibility to protectâ â which have changed the conceptualization of state sovereignty. The thesis will use Darfur as a case study a place where many scholars …
Beyond Triple Identity: The Judicial Transformation Of The Doctrine Of Res Judicata In Egyptian Law, Fatma El Zahraa Ibrahim Khalil
Beyond Triple Identity: The Judicial Transformation Of The Doctrine Of Res Judicata In Egyptian Law, Fatma El Zahraa Ibrahim Khalil
Archived Theses and Dissertations
This thesis explores the judicial transformation of the doctrine of res judicata under Egyptian law through an analysis of sixty-four decisions of Court of Cassation decisions in the period between 1935 and 2007 in civil and commercial matters. The thesis demonstrates that the Egyptian judiciary has almost abandoned the statutory triple identity test that requires identity of parties, object and cause. The judiciary developed a test of issue-identity to determine the extent to which issues decided in a previous decision bind its parties in subsequent proceedings. The judiciary uses inconsistent wording in applying this test. There is little clear scholarly …
An Emerging Triangle: Climate Change, Migration And Human Rights: The Case Of New Zealand,Tuvalu And Kiribati, Sarah Stefanos
An Emerging Triangle: Climate Change, Migration And Human Rights: The Case Of New Zealand,Tuvalu And Kiribati, Sarah Stefanos
Archived Theses and Dissertations
Three important global issues - climate change, migration, and human rights- form an emerging triangle because of their interrelatedness. However, critical analysis of the relationship between these three issues apart from an as yet legally meaningless discourse about an imminent global catastrophe of 250 million 'climate refugees' has been limited. This paper examines the climate change, migration, and human rights triangle through the lens of the Pacific, where some of the states most severely threatened by climate change can be found. Extremely small Pacific states whose inhabitants have lived on coral reef islands (called atolls) for more than 2000 years, …
Retaliatory Measures As Sanctions Under The World Trade Organization, Mohamed Elshahat Adly El-Yamany
Retaliatory Measures As Sanctions Under The World Trade Organization, Mohamed Elshahat Adly El-Yamany
Archived Theses and Dissertations
No abstract provided.
Exposing The Protection Gap: Detention As Perpetuating Refoulement In Egypt, Dalia Malek
Exposing The Protection Gap: Detention As Perpetuating Refoulement In Egypt, Dalia Malek
Archived Theses and Dissertations
No abstract provided.
Rescaling The Human Right To Adquate Housing: Criteria And Condominiums In Addis Ababa, Jesse Mcclelland
Rescaling The Human Right To Adquate Housing: Criteria And Condominiums In Addis Ababa, Jesse Mcclelland
Archived Theses and Dissertations
No abstract provided.
Corporate Corruption: Lawyers' Ability To Comply With Professional Responsibility Rules In The Avoidance Of Possible Corporate Corruption, Yasmine M AïDaros
Corporate Corruption: Lawyers' Ability To Comply With Professional Responsibility Rules In The Avoidance Of Possible Corporate Corruption, Yasmine M AïDaros
Archived Theses and Dissertations
No abstract provided.