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Full-Text Articles in Law
Contextualizing Legitimacy, Kish Vinayagamoorthy
Contextualizing Legitimacy, Kish Vinayagamoorthy
Scholarly Articles
The article discusses the effects of jurisprudential values on the responsibility to prevent and the relationship between the State sovereignty and the responsibility of the State to prevent its citizens from crime. It evaluates how international law can facilitate the implementation of the responsibility to prevent. It emphasizes that international lawyers and academics should consider the qualities that define law and distinguish legal norms and social norm from principles of society.
Recent Developments In Third-Party Funding, Victoria Shannon
Recent Developments In Third-Party Funding, Victoria Shannon
Scholarly Articles
This article addresses recent developments in third-party funding that occurred during late 2012 and early 2013 in the three leading jurisdictions: Australia, the United Kingdom and the United States. The most important developments are the following. On 22 April 2013, the Australian Securities and Investment Commission (ASIC) issued regulatory guidelines clarifying the status of funders with respect to ASIC’s regulations and detailing how funders should manage conflicts of interest and handle certain provisions of their funding arrangements. In the United Kingdom, the Jackson Reforms took effect on 1 April 2013, bringing sweeping changes to the allowable fee agreements, discovery rules …
The Convention On The Rights Of Persons With Disabilities: Reflection On Four Flaws That Tarnish Its Promise, Lucia A. Silecchia
The Convention On The Rights Of Persons With Disabilities: Reflection On Four Flaws That Tarnish Its Promise, Lucia A. Silecchia
Scholarly Articles
On December 13, 2006, the United Nations adopted the Convention on the Rights of Persons with Disabilities (“CRPD”). Widely touted as the “first comprehensive human rights treaty of the 21st century,” and effusively praised for its open negotiation process, the CRPD was opened for signature on March 30, 2007. The CRPD quickly entered into force on May 3, 2008. As it rapidly amassed signatories, the CRPD inspired great hope that its comprehensive approach would do much to overcome the consistent failure to promote the dignity of those with disabilities in meaningfully concrete ways.
The CRPD has garnered much recent and …
Or A Treaty Of The United States: Treaties And The Alien Tort Statute After Kiobel, Geoffrey R. Watson
Or A Treaty Of The United States: Treaties And The Alien Tort Statute After Kiobel, Geoffrey R. Watson
Scholarly Articles
The decision in Kiobel v. Royal Dutch Petroleum Co. left open a number of questions about the scope of the Alien Tort Statute (ATS). One such question is the extent to which Kiobel ’s holding on extraterritoriality applies to the oft-neglected final words of the ATS: “The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.” What if one such treaty obliged the United States to provide a civil forum for litigation ofhumanrights violations that occurred abroad …