Suchergebnisse

In Vedanta v. Lungowe, the United Kingdom Supreme Court determined that civil claims for negligence brought by Zambian claimants against an English parent company (Vedanta) and its Zambian subsidiary (Konkola Copper Mines plc (KCM)) for damages experienced in Zambia can proceed in English courts. While framed as a domestic tort law case, the decision is significant for international efforts aimed at holding businesses accountable for their "negative impacts" on human rights. Writing for a unanimous Court, Lord Briggs's judgment hinged narrowly on the right of victims to access substantial justice. More broadly, Lord Briggs suggested that parent companies that hold themselves out in public disclosures as overseeing the human rights, environmental, social, or labor standards employed by their subsidiaries assume a duty of care to those harmed by the subsidiary. This suggestion has the potential to transform current corporate approaches to human rights due diligence and accountability.

On June 11, 2013, in Stichting Mothers of Srebrenica, a chamber of the European Court of Human Rights found that the Dutch courts' grant of immunity to the United Nations in a case brought by and on behalf of relatives of individuals killed by the Army of the Republika Srpska in and around Srebrenica in July 1995 did not run afoul of Articles 6 and 13 of the European Convention on Human Rights (Convention). Those provisions guarantee, respectively and among other things, the right of access to a court and the right to "an effective remedy before a national authority" if any Convention right is violated. Having found that the challenged decisions accorded with Dutch obligations under the Convention, the chamber declared the application before the Court inadmissible as "manifestly ill-founded" and "rejected" it pursuant to Article 35(3)(a) and 4. The chamber's decision was unanimous.

On December 15, 2012, the International Tribunal for the Law of the Sea
(Tribunal or ITLOS) ordered Ghana to resupply and, upon payment
of security, to refuel and release the Argentine naval frigate ARA
Libertad, which was being held by authorities in the Ghanaian
port of Tema. The Tribunal ordered release of the vessel in response to
Argentina's request for provisional measures under Article 290(5) of the United
Nations Convention on the Law of the Sea (Convention or
UNCLOS). The Tribunal accepted Argentina's prima facie showing
that the Libertad, a tall, three-masted sailing ship
commissioned in the Argentine Navy being used as a training vessel for officer
cadets, qualifies as a "warship" under Article 29 of UNCLOS,
and was therefore entitled to immunity and release to avoid irreparable harm to
Argentina pending the final outcome of the case (paras. 93–95).

On December 9, 1988, the United Nations General Assembly adopted, without a vote, a "Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment." The preparation of this text was started in 1976 within the Sub-Commission on Prevention of Discrimination and Protection of Minorities of the Commission on Human Rights. On the basis of a project prepared by Mr. Erik Nettel of Austria, the Sub-Commission approved a Draft Body of Principles in 1978. After being submitted to the General Assembly's Third Committee, it was referred to a working group, which considered it in 1980 but could not complete its task. The item was then moved to the Sixth Committee, which entrusted it to an open-ended working group. This working group met during every session of the General Assembly from 1981 until 1988, and slowly progressed toward the completion of its task.

The chief preoccupation with regard to the WorldCourt during the year 1946 was the reorganization required by the modifications introduced into its Statute in 1945.1 This involved chiefly the dissolution of the Permanent Court as it was constituted under the Statute of 1920, the election, of Judges to constitute the International Court of Justice, the organization of the newly-elected bench and the reestablishment of the Registry, and the adaptation ofthe Rules of Court to take account of the changes in the text of the Statute. Various administrative measures were adopted by the United Nations, in consequence of its replacing the League of Nations as the body responsible for the maintenance of the Court, and some progress was made during the year in extending the Court's jurisdiction. No contentious proceeding was instituted during 1946,2 no advisory opinion was requested, and hence no entry wasmade in the list of cases before the Court.

The 35th session of the International Law Commission was held in Geneva from May 3 to July 22, 1983 under the chairmanship of Ambassador Laurel Francis. The Commission considered all seven substantive items on its agenda: state responsibility; jurisdictional immunities of states and their property; status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier; the Draft Code of Offences against the Peace and Security of Mankind; the law of the non-navigational uses of international watercourses; international liability for injurious consequences arising out of acts not prohibited by international law; and relations between states and international organizations (second part of the topic). The Drafting Committee, which met a record 30 times, reported out a total of 15 articles concerning three of the above topics (jurisdictional immunities, state responsibility and the diplomatic courier and bag), all of which were provisionally adopted by the Commission. The entire session is dealt with in some detail in the Commission's 1983 report to the General Assembly. Only the highlights will be covered here.

Since the collapse of the European system of the Middle Ages and the birth of modem international law most jurists have worked on the assumption that the principles underlying the international legal order are radically different from those that lie at the base of national law. With the disintegration of the authority of the Pope and the Emperor there had come into being a number of independent states that recognized no political superior and hence considered themselves as equals. In their relations with each other, at least, these states acted like the sovereign bodies which in fact they were. In so far as international relations were concerned the world had returned to a condition of complete anarchy. The states of the world lived in that condition of natural equality described by Hobbes where each was the potential enemy of every other. In the formulation of their policies and in their acts each state took into account its own interests only and when these interests came into conflict, as they inevitably did, the only arbiter was brute force.

The history of international law is essentially a history of the law governing the members of the international community of states in their relations with one another. Inasmuch as the observance of well-established customs of the law of nations implies the existence of an international community of states based upon a general recognition of the fundamental principles of territorial sovereignty and legal equality of independent states, such a law (in the strict and full sense of this term) could not possibly have been developed prior to the rise of the modern European state system, at the close of the Middle Ages or during the fifteenth and sixteenth centuries of our era. Nevertheless, we are by no means without evidence of the observance in intercommunity intercourse of certain rules and customs, even during antiquity and the Middle Ages, mainly with a religious sanction. This was especially the case in Greece, where there were developed rules and customs of intermunicipal law which, in many respects, bear a truly remarkable resemblance to our modern system of international jurisprudence.

The possibilities now offered by the technological advances in the fight against crime are far from negligible. "New technologies" means less a reality than the expression of a phenomenom, that of a contemporary acceleration of scientific and technical progress and democratization of its use especially in relation to criminal proceedings. The study of the use of new technologies in criminal proceedings shows that, notwithstanding their increased presence in the UK, philosophies guiding this introduction in the two States are similar, and following the principle of congruent forms, similar are the drifts. They have become the optimal tool of the security policy implemented since the 2000s. Fundamental rights are central in the reflection on criminal procedure ; their confrontation with the new technologies is essential. In This context it seemed appropriate to put the issue of the dignity of the human being at the heart of the debates concerning the use of new technologies in the fight against crime. This right that irrigates all the other fundamental right can be used as guideline to determine which derogations are acceptable. Nevertheless as a matrix and absolute principle, it is necessary to define it and use it only as a subsidiary safeguard. ; Les possibilités aujourd'hui offertes par les progrès techniques dans le cadre de la lutte contre la délinquance sont loin d'être négligeables. les "nouvelles technologies" désignent moins une réalité tangible que l'expression d'un phénomène, celui de l'accélération contemporaine du progrès scientifique et technique et la démocratisation de son utilisation notamment dans le cadre de la procédure pénale. L'étude de l'utilisation des nouvelles technologies dans la procédure pénale démontre que, nonobstant leur présence plus importante au Royaume-Uni, les philosophies guidant cette introduction dans les deux États sont similaires, de même que, parallélisme des formes oblige, similaires en sont les dérives. elles sont devenues l'outil par excellence de la politique ...

Discusses President George W. Bush's political and economic policies, the war in Iraq, student organizing, the labor movement, and other issues, in context of upcoming 2004 presidential election; 8 articles. Contents: Students rock the vote: talking with USSA; Guide to a one-term Bush, by Jarvis Tyner; Texas: a one-party state, by Jeremy Ryan; It's a family affair: Bush's war for Rockefeller oil, by Wadi'h Halabi; Balancing act: walking a tight rope in occupied Iraq; A dim view: the world looks at Bush, by Shelley Delos; The other superpower: an interview with Voices in the Wilderness' Mike Ferner; Labor reaches out, by David Trujillo.

The war in Iraq unleashed disastrous global instability—from the strengthening of Al-Qaeda, to the creation of ISIS, and civil war in Syria accompanied by a massive exodus of refugees. The war in Afghanistan is continuing in perpetuity, with no clear goals or objectives other than the United States' commitment to its sunk cost. The so-called war on terror is a vague catch-all phrase for a military campaign against moving targets and goalposts, with no end date and no conceivable way to declare victory. The toll of these wars on civilians in Iraq and Afghanistan and elsewhere in the Middle East, on US troops, and on the US economy is staggering. But these ambiguous campaigns are also fundamentally changing US state identity—its view of itself, its role in the world, and its commitment to a liberal international order. They are producing profound anxiety in the US body politic and anxiety in US relationships with other international actors. To understand the sources and consequences of this anxiety, we adopt an ontological security perspective on state identity. We enrich ontological security scholarship by introducing the concept of moral injury and its three main consequences: loss of control, ethical anxiety, and relational harm. We demonstrate how the concept of moral injury illuminates some of the most central anxieties at the core of US identity, offering a new understanding of our global moment of crisis.

"On a cold, windy December night in 1926, hell was unleashed on a tenant farm near Farwell, the last Texas town before the New Mexico border. Prone to the bottle and fits of rage, the burly man with the smiling blue eyes was in no mood to quarrel with his third wife over his bootleg whisky and sexual abuse of his stepdaughter. He went from room to room in the house, killing his wife and each child with primitive cutting tools and his bare hands. By the time he concluded his bloody work, he had taken the lives of nine family members ranging in age from 2 to 41, committing what one local reporter called "the blackest crime" in the history of the West Texas Panhandle. Husband, father, uncle, embezzler, serial mass murderer, philanderer, child molester, convict, and military deserter, George Jefferson Hassell was many things to many people, most of them bad. His pattern of familicide crime had begun in 1917, when he slaughtered his common-law wife and her three kids in Whittier, California. Later, in Texas, he married his brother's wife and became stepfather to her eight children. Using Hassell's confessions and his many interviews with reporters as well as the trial transcripts and reminiscences of those who crossed paths with him in Texas, Oklahoma, and California, Mitchel P. Roth presents the first comprehensive account of the life and crimes of one of the least known multiple murderers in Texas, let alone American, history. Roth situates Hassell's saga within the 1920s Texas criminal justice system, including the death penalty, which Hassell ultimately received from Old Sparky, the electric chair at Huntsville"--

This title is part of UC Press's Voices Revived program, which commemorates University of California Press's mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1971