Law Commons^™

“Aspectos Jurídicos Del Delito De Trata De Personas En Colombia: Aportes Desde El Derecho Internacional, Derecho Penal Y Las Organizaciones No Gubernamentales”, Andres Barreto, Beatriz Londoño, Antonio Varon, Andrea Mateus

Andres Barreto

La preocupación por el fenómeno de la trata de personas en el escenario internacional ha sido una constante para los Estados desde mediados del siglo XIX. En Colombia la legislación que condena el delito empezó su recorrido desde el Código Penal de 1980, en donde se castigaba con penas de prisión de 2 a 6 años a todo aquel que promoviere la entrada o salida del país de mujer o menor de edad para ejercer la prostitución. Sin embargo, la complejidad de las redes criminales de este crimen transnacional empezó a evidenciar que la trata no solo se cometía sobre …

The Principle Of Proportionality: Its Dimensions And Limits, Juan Cianciardo

Juan Cianciardo

The purpose of the present paper can be synthesized in the following points: a) to expose the concept of the principle of proportionality in its broadest sense and its different components or dimensions; b) to draw the attention on an approach which is usually not studied by authors, that is, the fact that the application of the principle is not enough to guarantee the supremacy of the human rights, at least in some cases; c) lastly, to point out those requirements that could protect proportionality from the risk mentioned in b).

Power And Perception: The Special Tribunal For Lebanon, Melia Amal Bouhabib

Melia Amal Bouhabib

On March 1, 2009, the long-anticipated Special Tribunal for Lebanon finally opened its doors. The STL has been hailed as a triumph against impunity and “a decisive milestone” in the quest for justice. Nonetheless, the Tribunal has been fraught with complications since the outset and faces significant challenges as it forges ahead. The use of Chapter VII powers to impose the Tribunal coupled with an exceedingly narrow mandate relying solely on domestic law, has led to criticisms that the Tribunal is impartial, and at the worst, illegal. Moreover, with a contentious history of U.N. involvement, including an extensive and controversial …

The Fork In The Road After Strasbourg: Effective Remedy Or Moral Victory?, Riccardo De Caria

Riccardo de Caria

The article deals with the enforcement of judgments of the European Court of Human Rights in domestic systems, particularly focusing on the Italian law. After a historical background on European integration and Italy’s leadership role in this process (§ 1), it considers the main provision governing the matter, Art. 46 of the European Convention on Human Rights (that provides for the duty to “abide by the final judgment of the Court”), showing how the way this provision is construed influences European integration (§ 2). Next, the article considers Italy, that – unlike other States – has never allowed any form …

The Fork In The Road After Strasbourg: Effective Remedy Or Moral Victory?, Riccardo De Caria

Riccardo de Caria

The article deals with the enforcement of judgments of the European Court of Human Rights in domestic systems, particularly focusing on the Italian law. It starts with a historical background on European integration, highlighting the leadership role played by Italy in this process (§ 1). It then considers the main provision governing the matter, namely Art. 46 of the European Convention on Human Rights, that provides for the duty to “abide by the final judgment of the Court”, and shows how the way this provision is construed influences European integration (§ 2). After that, the article considers the Italian approach. …

Notice Otherwise Given: Will In Absentia Trials At The Special Tribunal For Lebanon Violate Human Rights?, Chris Jenks

Chris Jenks

On March 1, 2009, the Special Tribunal for Lebanon (STL) commenced operations in the Netherlands. The mandate of the STL is to try those allegedly responsible for the 2005 bombing in Beirut which killed former Lebanese Prime Minister Rafiq Hariri. A collaborative effort between Lebanon and the United Nations, the STL is to be of “international character based on the highest standards of justice.” However, the STL’s in absentia trial provisions are based on a far different, and lower, standard. This article posits that the STL’s in absentia trial provisions violate human rights norms, indeed the U.N. expressly rejected such …

Notice Otherwise Given: Will In Absentia Trials At The Special Tribunal For Lebanon Violate Human Rights?, Chris Jenks

Chris Jenks

On March 1, 2009, the Special Tribunal for Lebanon (STL) commenced operations in the Netherlands. The mandate of the STL is to try those allegedly responsible for the 2005 bombing in Beirut which killed former Lebanese Prime Minister Rafiq Hariri. A collaborative effort between Lebanon and the United Nations, the STL is to be of “international character based on the highest standards of justice.” However, the STL’s in absentia trial provisions are based on a far different, and lower, standard. This article posits that the STL’s in absentia trial provisions violate human rights norms, indeed the U.N. expressly rejected such …

Prosecuting And Adjudicating Trafficking In Persons Cases In Australia: Obstacles And Opportunities, Anne T. Gallagher

Anne T Gallagher

No abstract provided.

Will Charter 08 Follow The Same Trajectory As Charter 77?, Anne Marie Morris

Anne Marie Morris

Charter 77 is viewed as a if not the predominant impetus for the dramatic shift from a communist authoritarian system to a democratic society in Czechoslovakia. With explicit reference to Charter 77 and the obvious namesake parallel, Charter 08 was published by a group of Chinese intellectuals and political leaders in December 2008, calling for reform of essential features of the Chinese political and legal system.

The question now is whether Charter 08 can and will set China on a similar trajectory as the path set for Czechoslovakia by Charter 77. Part I of this article will describe the history …

Growing Political Will From The Grassroots: How Social Movement Principles Can Reverse The Dismal Legacy Of Rule Of Law Interventions, Fran Quigley

Fran Quigley

The international community’s efforts to promote the rule of law and human rights in developing countries have been largely unsuccessful, a record of disappointment typically attributed to a lack of political will for reform in the host societies. As a result, an estimated four billion people worldwide are without access to human rights associated with the rule of law, and suffer without recourse from discrimination, theft, and physical and emotional harm.

It is time for rule of law promoters to draw upon the lessons of social science, particularly the study of social movements. This article represents the first effort to …

Climate Change And Human Rights Law, John H. Knox

John H Knox

In recent years, it has become clear that climate change is an enormous threat to the human rights of people all over the planet, from Inuit in the Arctic forced to relocate homes built on melting permafrost, to residents of the Maldives in the Indian Ocean facing the prospect of losing their islands to rising sea levels. It is much less clear, however, what duties international human rights law places on states to address the effects of climate change on human rights. This article seeks to identify those duties and provide a framework for further clarification of them.

The Deportation Of Migrant Workers From Israel: Theory, Policy And The Law, Yossi Dahan

Yossi Dahan

This essay proposes a theoretical framework for understanding the deportation of tens of thousands of migrant workers from Israel between the years 1995 and 2005. To this end, it examines Israeli deportation policy based, inter alia, on an empirical study of hundreds of deportation cases litigated in the courts between 2001 and 2005. This examination demonstrates that the deportation campaign was designed to achieve two parallel goals: to lower labor costs by creating a large class of indentured workers through what has been referred to as the “binding arrangement” (a neo-liberal goal) and to deny the grant of civic status …

International Arbitrary Arbitrator In Cas: An Uphill Battle Against Sports Organizations’ Corruption, Jae Soog Lee

Jae Soog Lee

No abstract provided.

Human Rights And Genocide: The Work Of Lauterpacht And Lemkin In Modern International Law, Part I, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

2008 marked the sixtieth anniversary of the adoption of the Genocide Convention and Universal Declaration of Human Rights by the UN General Assembly. These two instruments adopted and proclaimed by then newly formed world body on successive days, 9 and 10 December 1948 respectively, represent two sides of one coin. Born of the horrors of the 1930s and 40s, the United Nations Charter speaks of human rights and to the importance of the rule of law. The Genocide Convention and UDHR are integral to the pursuit of these aims.

The work of two international lawyers, Hersch Lauterpacht and Raphael Lemkin, …