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Articles 1 - 30 of 67
Full-Text Articles in Law
The Kids Before Khadr: Haitian Refugee Children On Guantanamo, Kathryn Jastram
The Kids Before Khadr: Haitian Refugee Children On Guantanamo, Kathryn Jastram
Kate Jastram
No abstract provided.
Jurisprudential Analysis Of The African Court On Human And Peoples Rights: From 2004 To 2010, Lucky Michael Mgimba Mr., Stephen J. Waters Mr.
Jurisprudential Analysis Of The African Court On Human And Peoples Rights: From 2004 To 2010, Lucky Michael Mgimba Mr., Stephen J. Waters Mr.
Lucky Michael Mgimba
The paper is divided into four sections: (1) the paper begins with this introduction, consisting of a synopsis of the history and structure of the African human rights system; (2) section two of the paper analyses the establishment of the African Court on Human and Peoples Rights, and other substantial matters regarding the court; (3) the third section provides a critical analysis of the jurisprudential developments from 2004 to 2010, guided by a case study on the Michelot Yogombaye case; (4) the fourth and final section of the paper concludes with a brief summary of the material covered and concluding …
Fair Trial Guarantees Before The Court Of Arbitration For Sport, Jernej Letnar Cernic
Fair Trial Guarantees Before The Court Of Arbitration For Sport, Jernej Letnar Cernic
Jernej Letnar Černič
The right to a fair trial is one of the backbones of the rule of law and a conditio sine qua non for the protection of human rights and fundamental freedoms. This article examines whether fair trial guarantees also exist before the Court of Arbitration for Sport. It attempts to identify whether the Court of Arbitration for Sport follows the fair trial guarantees developed in the jurisprudence of the European Court of Human Rights. This article thereafter tries to draw out an understanding of fair trial guarantees in sports arbitration.
The Reactionary Road To Free Love: How Doma, State Marriage Amendments And Social Conservatives Undermine Traditional Marriage, Scott Titshaw
The Reactionary Road To Free Love: How Doma, State Marriage Amendments And Social Conservatives Undermine Traditional Marriage, Scott Titshaw
Scott Titshaw
Much has been written about the possible effects on different-sex marriage of legally recognizing same-sex marriage. This article looks at the defense of marriage from a different angle: It shows how rejecting same-sex marriage results in political compromise and the proliferation of “marriage light” alternatives (e.g., civil unions, domestic partnerships, or reciprocal beneficiaries) that undermine the unique status of marriage for everyone. In the process, it examines several aspects of the marriage debate in detail. After describing the flexibility of marriage as it has evolved over time, the article focuses on recent state constitutional amendments attempting to stop further development. …
After Privacy: The Rise Of Facebook, The Fall Of Wikileaks, And Singapore’S Personal Data Protection Act 2012, Simon Chesterman
After Privacy: The Rise Of Facebook, The Fall Of Wikileaks, And Singapore’S Personal Data Protection Act 2012, Simon Chesterman
Simon Chesterman
This article discusses the changing ways in which information is produced, stored, and shared — exemplified by the rise of social-networking sites like Facebook and controversies over the activities of WikiLeaks — and the implications for privacy and data protection. Legal protections of privacy have always been reactive, but the coherence of any legal regime has also been undermined by the lack of a strong theory of what privacy is. There is more promise in the narrower field of data protection. Singapore, which does not recognise a right to privacy, has positioned itself as an e-commerce hub but had no …
Legal Routes To Undue Influence: Vulnerabilities In The Korean National Human Rights Commission Act, Douglas Maclean
Legal Routes To Undue Influence: Vulnerabilities In The Korean National Human Rights Commission Act, Douglas Maclean
Douglas MacLean
The National Human Rights Commission of Korea has operated in the midst of considerable political and governmental opposition since its creation. Heralded early on as the strongest national human rights institute in Asia, the government bureaucracy and conservative political forces have challenged the organization's operation from the very beginning. The inauguration of the Lee administration brought opposition forces into power, bringing drastic cuts and drawing both domestic and international criticism over alleged political interference with the organization's operation. Missing from the political accounts of the situation, however, is an examination of the structural vulnerabilities to government influence built into the …
Via Verdi 15 – Cosa Vuol Dire “Libertà Di Informazione”?, Sajjad Khaksari
Via Verdi 15 – Cosa Vuol Dire “Libertà Di Informazione”?, Sajjad Khaksari
SAJJAD KHAKSARI
E’ arrivato in via Verdi ed è riuscito ad intrufolarsi vicino all'ingresso della residenza, pieno di polizia ovunque. Un agente della Digos gli chiede “chiseicosavuoicosafaichitihaautorizzato???” Barba Rossa mi racconta che mentre gli parlava ha tirato fuori il distintivo e gli tremavano le mani. "Hanno paura - mi dice - Hanno paura di studenti senza pistole, giovani e gracilini...
The Law Of Indicators On Women’S Human Rights: Unmet Promises And Global Challenges, Marta Infantino
The Law Of Indicators On Women’S Human Rights: Unmet Promises And Global Challenges, Marta Infantino
Marta Infantino
Global indicators on human rights (HRs) aim to measure HRs scores against HRs standards. In other words, they aim to measure legal phenomena against legal benchmarks.
Despite HRs indicators’ reliance on legal knowledge, lawyers have so far neither made substantial contributions to their production, nor studied in depth the legal implications of their uses. The current state-of-the-art in the world of HRs indicators is the result of an ongoing process led by bureaucrats, economists, statisticians, and activists with limited legal training. It is these actors who are developing a new body of professional knowledge, and a new technology of governance …
Deciphering Pakistan's Investment Policy: A Review Of Pakistani Bits, Nida Mahmood, Ahmad Ali Ghouri
Deciphering Pakistan's Investment Policy: A Review Of Pakistani Bits, Nida Mahmood, Ahmad Ali Ghouri
Nida Mahmood Ms
This study presents the first ever comprehensive analysis of Pakistani foreign investment treaty regime, which consists of 47 BITs as of 15 June, 2012. This study provides a provision by provision comparison of all 47 Pakistani BITs. The objective is to identify similarities and differences in these BITs, explaining legal implications of their individual provisions and suggesting policy changes for future BITs in the light of existing and emerging state practices. The overall purpose is to identify policy implications of the BITs regime for Pakistan. Looking forward, the study inquires how to enhance foreign investors’ confidence and to promote and …
Breves Notas Sobre El Neoconstitucionalismo, Jhonathan Avila Romero
Breves Notas Sobre El Neoconstitucionalismo, Jhonathan Avila Romero
Jhonathan Avila Romero
El presente trabajo aborda las acepciones del neoconstitucionalismo.
A Case Study On Burying Alive Of Two Women In Balochistan, Sohail Ahmed Ansari Advocate
A Case Study On Burying Alive Of Two Women In Balochistan, Sohail Ahmed Ansari Advocate
Sohail Ahmed Ansari Advocate
Violence against women is present in a variety of forms in Pakistan. From domestic abuse & sexual harassment to child marriages and honour killing; a range of anti-women atrocities are carried out. Pakistani women face systematic discrimination from the day they are born. The patriarchal mindset of society refuses to recognize them as human beings deserving of equality, human rights and justice. Unfortunately in some parts of Balochistan a brutal custom of justice prevails; where the women are treated as trading objects. They are being tried without hearing their cause. They are not allowed to plea their case. They are …
Le Relazioni Giuridiche Nel Sistema Dei Diritti Sociali. Profili Teorici E Prassi Costituzionali, Erik Longo Dr.
Le Relazioni Giuridiche Nel Sistema Dei Diritti Sociali. Profili Teorici E Prassi Costituzionali, Erik Longo Dr.
Erik Longo
No abstract provided.
Making Human Rights Really Real, Jake Bates
Making Human Rights Really Real, Jake Bates
The Intellectual Standard
No abstract provided.
Migration And Disaster-Induced Displacement: European Policy, Practice, And Perspective, Michael D. Cooper
Migration And Disaster-Induced Displacement: European Policy, Practice, And Perspective, Michael D. Cooper
Michael D. Cooper, Esq.
Over the last decade, a series of devastating natural disasters have killed hundreds of thousands of people, displaced millions, and decimated the built environment across wide regions, shocking the public imagination and garnering unprecedented financial support for humanitarian relief efforts. Some suggest that disaster migration must be supported by the international community, first as an adaption strategy in response to climate-change, and second, as a matter of international protection. This study surveys the current state of law as it relates to persons displaced by natural disaster, with a specific focus on the 27 member states of the European Union plus …
Université De Lausanne , Bibliographie Sélective Sur Les Droits De L'Homme, David Garrison
Université De Lausanne , Bibliographie Sélective Sur Les Droits De L'Homme, David Garrison
David Garrison
Bibliographie sélective sur les droits de l'homme (2012)
Towards Determining Legal Parentage By Agreement In Israel, Yehezkel Margalit
Towards Determining Legal Parentage By Agreement In Israel, Yehezkel Margalit
Hezi Margalit
In Israel as in other parts of the world, families, parenthood, and relations between parents and children have changed dramatically over the past few decades. So, too, developments in modern medicine have enhanced the ability to separate sexuality from fertility and parenthood. Many researchers feel that the legal system has not kept pace with these changes, and that traditional models of familial relationships no longer provide adequate tools for dealing with them. In order to bridge the gap between a desired social status and current law, a growing number of parents seek to regulate the status, rights, and obligations of …
Determining Legal Parenthood By Agreement As A Possible Solution To The Challenges Of The New Era, Yehezkel Margalit
Determining Legal Parenthood By Agreement As A Possible Solution To The Challenges Of The New Era, Yehezkel Margalit
Hezi Margalit
Over the past decades, we witnessed changes in the matrimonial and parenting institutions. Medical innovations have further created ethical-legal dilemmas. It is, therefore, essential to create a theory and framework that will determine ways to deal with the resulting dilemma in a fully developed manner. This paper surveys the current, conflicting shifts in family structure and the definition of legal parenthood. In it, I deal with the importance and various aspects of defining legal parenthood. I will also focus on the singularity of this dilemma as it is increasingly apparent in the various fertility treatments. I present the sociological-legal roots …
The New Scheme For Foreign National Prisoners: Vigilance Is Key, Patrick Matthew Hassan-Morlai
The New Scheme For Foreign National Prisoners: Vigilance Is Key, Patrick Matthew Hassan-Morlai
Patrick Matthew Hassan-Morlai
The provision governing the Tariff Expired Removal Scheme (TERS) is contained in section 32A of the Crime (Sentences) Act 1997 as inserted by section 119 of the LASPO Act. In broad terms, TERS applies only to foreign national prisoners whom the secretary of state can remove from the UK if the foreign national prisoner is serving a life sentence that includes an IPP sentence, has served their minimum term, i.e. tariff, and is liable to removal from the UK. Section 119 adopts the definition of liability to removal from the UK in section 259 of the Criminal Justice Act 2003.
Remarks At The Launching Of The Anti-Trafficking Review, Anne T. Gallagher
Remarks At The Launching Of The Anti-Trafficking Review, Anne T. Gallagher
Anne T Gallagher
Remarks delivered by Dr Anne Gallagher, Guest Editor, at the launch of the new journal: Anti-Trafficking Review.
There Is But One Sword That Defends The Rights Of Man- Bringing Lgbt Rights Out Of The Closet, Jonathan M. Bhagan
There Is But One Sword That Defends The Rights Of Man- Bringing Lgbt Rights Out Of The Closet, Jonathan M. Bhagan
Jonathan m Bhagan
Introduction. International norms of human rights are a powerful force for interpreting, protecting and growing rights on the domestic plane. Courts throughout the Commonwealth already look to international norms to flesh out rights, whether they are found in the constitutional jurisprudence of other common law states in Treaties or Treaty based case law. While some schools of jurisprudence claim that International and Domestic law are two separate spheres , throughout the paper it will be shown that judges have consistently looked to foreign and International Law as inspiration and support for their decisions in key human rights cases. This trend …
Judicial Re-Use:«Codification» Or Return Of Hegelism? The Comparative Arguments In The “South” Of The World, Prof. Michele Carducci
Judicial Re-Use:«Codification» Or Return Of Hegelism? The Comparative Arguments In The “South” Of The World, Prof. Michele Carducci
Michele Carducci Prof.
No abstract provided.
Guide To Incorporation Of Not For Profit Organisations In Nigeria, Taiwo Adebola Odumosu Mr.
Guide To Incorporation Of Not For Profit Organisations In Nigeria, Taiwo Adebola Odumosu Mr.
Taiwo Adebola Odumosu Mr.
The incorporation of non-profit bodies in Nigeria is governed by the Companies and Allied Matters Act, 2004 (‘the Act’). The Corporate Affairs Commission (CAC) is vested with responsibility for non-profit organisations. The CAC has branches in most State capitals of the Federation and its headquarters is based in Abuja, the Federal Capital Territory. Before applying to the CAC for incorporation of a non-profit body, one must check that the name of the new entity is not already in use. This can be done by purchasing an Availability Form, which costs very little. In Nigeria only legal practitioners, and to some …
Medical Oxymoron Or Necessary Prevention Of Repeat Sex Offenses: An Examination Of The Appropriateness Of Existing Chemical Castration Statutes, Robert Watters
Medical Oxymoron Or Necessary Prevention Of Repeat Sex Offenses: An Examination Of The Appropriateness Of Existing Chemical Castration Statutes, Robert Watters
Robert Watters
The current chemical castration statutes in six states are full of logical constitutional, medical and ethical questions and concerns. The basis for the criticism can be traced to how the schemes were developed compared to the those used in Europe. The castration statutes enacted after long trial and error periods are, therefore, easily discernible from those signed into law quickly as a reaction to some outside event.
Camino A La Formación Profesional: "Las Prácticas Profesionales", Jorge R. Llanos
Camino A La Formación Profesional: "Las Prácticas Profesionales", Jorge R. Llanos
Jorge Rolando Llanos García
La persona es el centro fundamental de todo proceso formativo; en consecuencia, las modalidades formativas que se desarrollen deben fijarse como meta principal que la persona alcance a comprender su medio social en egneral y su medio de trabajo en particular, a fin de que esté en condiciones de incidir en estos de manera individual y colectiva. Toda persona tiene derecho a acceder en igualdad y sin discriminación alguna a la formación profesional y que su participación en las diversas modalidades formativas aprobadas le permita mejorar su empleabilidad en el mercado laboral.
Idee Di Giustizia E Tradizioni Giuridiche, Prof. Michele Carducci
Idee Di Giustizia E Tradizioni Giuridiche, Prof. Michele Carducci
Michele Carducci Prof.
No abstract provided.
Circolazione Coloniale Del Costituzionalismo, Prof. Michele Carducci
Circolazione Coloniale Del Costituzionalismo, Prof. Michele Carducci
Michele Carducci Prof.
No abstract provided.
Ratings Contre Etats, Gregory Lewkowicz
Ratings Contre Etats, Gregory Lewkowicz
Gregory Lewkowicz
Interview of Gregory Lewkowicz on credit rating agencies by I. de Laminne for the newspaper "La Libre Belgique"
Judicial Review Of Administrative Action/ Decision As The Primary Vehicle For Constitutionalism: Law And Procedures In Tanzania, Daudi Mwita Nyamaka Mr.
Judicial Review Of Administrative Action/ Decision As The Primary Vehicle For Constitutionalism: Law And Procedures In Tanzania, Daudi Mwita Nyamaka Mr.
Daudi Mwita Nyamaka Mr.
This paper examines the discretionary powers of the High Court of Tanzania to review decisions and actions of other public bodies as a means to uphold the spirit of the Constitution on checks and balances between the three organs of the state. The writer examines the procedures for judicial review, the legal and procedural requirements and the remedies available under the laws of Tanzania, however, the writer further examines experiences from other countries particularly from case laws.
Proposals For The Development Of Caribbean Integration Law, Direct Effect And The Creation Of A Mediation Avenue Using Article 214 Rtc., Jonathan M. Bhagan
Proposals For The Development Of Caribbean Integration Law, Direct Effect And The Creation Of A Mediation Avenue Using Article 214 Rtc., Jonathan M. Bhagan
Jonathan m Bhagan
The speaking notes of a presentation i made to the Deputy Solicitor General of Jamaica regarding the evolution of Caricom law . The only item of note is the proposal for a mediation procedure using the referral process from national courts under Article 214 of the RTC.
Looking To Human Rights And Humanitarian Law To Determine Refugee Status, Kathryn Jastram
Looking To Human Rights And Humanitarian Law To Determine Refugee Status, Kathryn Jastram
Kate Jastram
No abstract provided.