In: MARRIAGE AND DIVORCE IN A MULTI-CULTURAL CONTEXT: RECONSIDERING THE BOUNDARIES OF CIVIL LAW AND RELIGION, Joel Nichols, ed., Cambridge University Press, Forthcoming
This paper reflects on the limitations of international law expertise, using examples from the Juba peace process on the civil war in Uganda. In peace negotiations (like in all situations), the international law expert must acknowledge the limitations of international law. International law is one-dimensional, and cannot take all relevant factors into account. Further, in any given situation, there will be some regimes and some rules of international law that are more effective than others, because they have powerful support or efficient mechanisms. This means that some norms, some claims and the interests of some stakeholders will be privileged. Many of the controversies associated with international interventions based on international law – like the ICC prosecutions in Uganda – have in fact been caused by too much emphasis on, for instance, international criminal justice and civil rights, and too little emphasis on reparations, economic and social rights and collective rights. Still, even if international law could be better used, there are limits to what can be accomplished even with creative international law expertise. There is a structural bias in international law, which privileges the state. International law, and its institutions, can do too little to refer matters from the government to other legitimate stakeholders, often leaving us with a choice between the (distant) supranational level and the (corrupt) national level. While international law does determine an international minimum standard for the state, it is still much better at empowering the government than at empowering people.
Intro -- Foreword -- Preface -- Acknowledgements -- Table of cases -- Table of statutes -- Table of statutory instruments -- Table of International Material -- Part 1: Types and stages of forced marriages -- Chapter 1 Introduction -- Chapter 2 What is a forced marriage? -- Introduction -- Family law definition -- Criminal law definition -- Marriages where parties lack capacity and the Court of Protection -- Arranged marriages and the 'grey area' -- Civil law definition -- Public international law -- Chapter 3 Prevention -- Positive obligation to prevent and protect under the Convention -- Forced Marriage Protection Orders -- International prevention -- Declarations and injunctions under the Mental Capacity Act 2005 -- The Modern Slavery Act 2015 -- Chapter 4 Punishment -- Introduction -- Criminal offences -- Breach of injunctions -- Chapter 5 Remedies following a forced marriage -- Introduction -- Foreign marriages -- Declaration of non-recognition -- Decree of nullity -- Chapter 6 Forced Marriage and Human Rights -- The European Convention on Human Rights -- Article 3: Prohibition of torture -- Article 6: Right to a fair trial -- Article 8: Right to respect for private and family life -- Article 14: Protection from discrimination -- Positive obligations -- Balancing of rights -- The Human Rights Act 1998 -- Chapter 7 Honour-based forced marriage -- Introduction -- Motivations for honour-based forced marriages -- LGBTQ+ forced marriage -- Issues with the term 'honour-based violence' -- Interplay of cultural and religious rights -- Chapter 8 Vulnerable individuals and those lacking capacity -- Introduction -- The test for capacity -- Before a marriage where parties lack capacity takes place -- After a marriage where parties lack capacity has taken place -- Scope of the inherent jurisdiction -- Test for vulnerability -- Protections available.
Access options:
The following links lead to the full text from the respective local libraries:
This study engages in an empirical analysis of the relationship between the rule of law and human development in the world order. Its goal is to determine whether lasting development can be achieved in emerging states without progress in the rule of law. The study relies on seven empirical models which plot seven separate human development indices against the rule of law index. Based on the empirical models, the study proposes a set of development paths for emerging nations which account for the possible ways in which emerging states achieve development. The study also recognises other development paths which take account of malignant development challenges occurring where there is specific resistance to development programs. Based on the evidence in the empirical models, the study concludes that the rule of law and human development are essential to one another to ensure development in emerging states and therefore police and other personnel working in these environments should modify their operational policies to implement this conclusion.
In: COMPARATIVE LAW AND HYBRID LEGAL TRADITIONS, Eleanor Cashin-Ritaine, Sean Patrick Donlan, and Martin Sychold, eds., Swiss Institute of Comparative Law, 2010
At the origin of the International Law Department were such eminent scientists, diplomats and teachers as V.N. Durdenevsky, S.B. Krylov and F.I. Kozhevnikov. International law studies in USSR and Russia during the second half of the XX century was largely shaped by the lawyers of MGIMO. They had a large influence on the education in the international law in the whole USSR, and since 1990s in Russia and other CIS countries. The prominence of the research of MGIMO international lawyers was due to the close connections with the international practice, involving international negotiations in the United Nations and other international fora, diplomatic conferences and international scientific conferences. This experience is represented in the MGIMO handbooks on international law, which are still in demand. The Faculty of International Law at MGIMO consists of seven departments: Department of International Law, Department of Private International and Comparative Law; Department of European Law; Department of Comparative Constitutional Law; Department of Administrative and Financial Law; Department of Criminal Law, Department Criminal Procedure and Criminalistics. Many Russian lawyers famous at home and abroad work at the Faculty, contributing to domestic and international law studies. In 1947 the Academy of Sciences of the USSR published "International Law" textbook which was the first textbook on the subject in USSR. S.B. Krylov and V.N. Durdenevsky were the authors and editors of the textbook. First generations of MGIMO students studied international law according to this textbook. All subsequent books on international law, published in the USSR, were based on the approach to the teaching of international law, developed in the textbook by S.B. Krylov and V.N. Durdenevsky. The first textbook of international law with the stamp of MGIMO, edited by F.I. Kozhevnikov, was published in 1964. This textbook later went through five editions in 1966, 1972, 1981, 1987. In 1994 the International Law Department together with the Diplomatic Academy of the Russian Ministry of Foreign Affairs prepared new textbook, reflecting the development of international law in the 1960-1990s. In 2000 "International Law" textbook appeared, which was prepared exceptionally by the Department of International Law at MGIMO. In 2005 "European international law" textbook was published. It became the first textbook in Russian Law studies dedicated to the international legal aspects of interstate cooperation in Europe. Quarterly magazine "Moscow Journal of International Law" has made significant contribution to the development of the MGIMO international law school. Y.M. Kolosov, who is the Honored Scientist of Russia and professor of international law, was the founder of the magazine. He has been its editor in chief up to present.