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Full-Text Articles in Law
Ending Female Genital Mutilation & Child Marriage In Tanzania, Lisa Avalos, Naima Farrell, Rebecca Stellato, Marc Werner
Ending Female Genital Mutilation & Child Marriage In Tanzania, Lisa Avalos, Naima Farrell, Rebecca Stellato, Marc Werner
Fordham International Law Journal
This Article analyzes the current practices of FGM and child marriage in Tanzania and makes a number of recommendations for eliminating these severe human rights violations. Part I identifies the relevant forms of gender-based violence and discusses how they are practiced and related. Part II addresses applicable international and domestic legal authority, identifying potential gaps in domestic legal protection for young girls. Part III proposes several promising legal and policy strategies, both international and domestic, to reduce the practices of child marriage and FGM in Tanzania. Ultimately, some or all of these measures must be implemented to help bring an …
Civil Society Contributions To Inclusive Climate Cooperation, Elizabeth Burleson
Civil Society Contributions To Inclusive Climate Cooperation, Elizabeth Burleson
Fordham International Law Journal
Engagement among States and decentralized, creative problem solvers can enhance the requisite cooperation to pick up the pace of solution implementation to match the rate of climate change. Global organizing capability, information sharing and innovation have enmeshed governments and civil society into new governance relationships. Technology has facilitated this process for many, but the hardware and software that has led to social networking is only a fraction of the story of dynamic, inclusive cooperation. Citizen sector actors hold both destructive and constructive capacity exceeding that of any previous era. While many remain overwhelmed by the scope of climate instability, members …
Filling The Gaps In Canada's Climate Change Strategy: "All Litigation, All The Time…"?, Cameron Jefferies
Filling The Gaps In Canada's Climate Change Strategy: "All Litigation, All The Time…"?, Cameron Jefferies
Fordham International Law Journal
This Article is organized into five parts. Part I situates Canada’s climate change experience. In Part II, Canada’s regulatory response to climate change and its gaps are positioned within a troubling ongoing federal retreat from the environmental arena that seems to favor resource extraction and export. Parts III to V discuss the possibility for increased human rights-based climate litigation in the Canadian context—even in light of past failures—and consider an emerging public law approach. The Article concludes by commenting on the prospect of the climate change problem playing out in Canadian courts.
Caultron Of Unwisdom: The Legislative Offensive On Insidious Foreign Influence In The Third Term Of President Vladimir V. Putin, And Iccpr Recourse For Affect Civil Advocates, Thomas M. Callahan
Caultron Of Unwisdom: The Legislative Offensive On Insidious Foreign Influence In The Third Term Of President Vladimir V. Putin, And Iccpr Recourse For Affect Civil Advocates, Thomas M. Callahan
Fordham International Law Journal
Part I discusses Russian and international statutory law. It briefly outlines the structure of the government of the Russian Federation and discusses relevant articles of its Constitution. It then illustrates the legislative trend in question by discussing select legislation passed and proposed during President Putin’s third term that seeks to restrict non-Russian influence in Russian society. Part I closes with a discussion of Russia’s international human rights obligations, and the international redress available to Russian nationals affected by the laws in question. Part II considers the practical application of the laws discussed in Part I. This includes an examination of …
An International Legal Framework For Se4all: Human Rights And Sustainable Development Law Imperatives, Thoko Kaime, Robert L. Glicksman
An International Legal Framework For Se4all: Human Rights And Sustainable Development Law Imperatives, Thoko Kaime, Robert L. Glicksman
Fordham International Law Journal
This Article examines the genesis and context of SE4All, placing the effort within both its historical and international policy contexts. It highlights the voluntary nature of the initiative and argues that its effective implementation and the achievement of its goals require the articulation of an applicable international legal framework that aids the transformation of SE4All’s policy actions into binding international legal commitments. The article contends that such a transformation does not depend on the creation of entirely new legal rules or institutions. Instead, an effective framework for successful implementation of SE4All can be derived from existing rules of international human …
Opinion 2/13 On Eu Accession To The Echr And Judicial Dialogue: Autonomy Or Autarky, Piet Eeckhout
Opinion 2/13 On Eu Accession To The Echr And Judicial Dialogue: Autonomy Or Autarky, Piet Eeckhout
Fordham International Law Journal
This Essay joins the chorus of criticism, but also aims to deepen some of the analysis, as well as focusing it on wider questions of judicial dialogue and autonomy. Where relevant for the purpose of its critique, the Essay also refers to the View of Advocate General Kokott, which is generally much more positive in tone—even if it also finds fault with some of the provisions of the Accession Agreement. It starts with an attempt to give some basic meaning to the dialogue concept, on which it may be possible to find some agreement. The argument is that, at a …
(En)Gendering Suffering: Denial Of Abortion As A Form Of Cruel, Inhuman, Or Degrading Treatment, Alyson Zureick
(En)Gendering Suffering: Denial Of Abortion As A Form Of Cruel, Inhuman, Or Degrading Treatment, Alyson Zureick
Fordham International Law Journal
No abstract provided.
Eu Fundamental Rights And Member State Action After Lisbon: Putting The Ecj's Case Law In Its Context, Bernhard Schima
Eu Fundamental Rights And Member State Action After Lisbon: Putting The Ecj's Case Law In Its Context, Bernhard Schima
Fordham International Law Journal
Early in 2013, the Court of Justice of the European Union (“ECJ”) handed down two judgments on the same day which might contain the blueprint for the fundamental rights architecture of the European Union (“EU”) for years to come. Much has already been written about those judgments, and it appears appropriate at this time to evaluate their impact in light of their reception and subsequent developments of the case law. To that effect, this contribution will provide some elements of background before briefly presenting the two cases, commenting on their legal solidity, and recalling how they have been received. It …
Moving Forward The Un Guiding Principles For Business And Human Rights: Between Enterprise Social Norm, State Domestic Legal Orders, And The Treaty Law That Might Bind Them All, Larry Catá Backer
Fordham International Law Journal
No abstract provided.