Suchergebnisse

It's been several months since the Supreme Court of Canada (SCC) rendered its judgment in Daniels v. Canada (2016), affirming that the term "Indian" in s. 91(24) of the Constitution Act (1867) includes Métis and Non-Status Indians. There is a general hope that the decision marks a turning point for Métis and Non-Status Indians within Canada's colonial structures. I'm not certain this optimism is justified. The judgment was reached based on the types of historical evidence presented and, consequently, there are a couple of statements within the written judgment that give me pause to question how the evidence regarding the histories of Métis and Non-Status Indians were presented to, and then interpreted by, the justices. Bearing in mind that the crux of the case rested on the linguistic meaning and evolution of the term "Indian" in Canadian society through law and policy, evidence was introduced about how the term was used at various points in the past, as well as the context of that usage in order to demonstrate the evolution of a Canadian legal and historical fiction that increasingly restricted the idea of what an Indian was. What the SCC did with the Daniels Decision is reverse that restrictive trend for Indians while constructing new problems.

It's been several months since the Supreme Court of Canada (SCC) rendered its judgment in Daniels v. Canada (2016), affirming that the term "Indian" in s. 91(24) of the Constitution Act (1867) includes Métis and Non-Status Indians. There is a general hope that the decision marks a turning point for Métis and Non-Status Indians within Canada's colonial structures. I'm not certain this optimism is justified. The judgment was reached based on the types of historical evidence presented and, consequently, there are a couple of statements within the written judgment that give me pause to question how the evidence regarding the histories of Métis and Non-Status Indians were presented to, and then interpreted by, the justices. Bearing in mind that the crux of the case rested on the linguistic meaning and evolution of the term "Indian" in Canadian society through law and policy, evidence was introduced about how the term was used at various points in the past, as well as the context of that usage in order to demonstrate the evolution of a Canadian legal and historical fiction that increasingly restricted the idea of what an Indian was. What the SCC did with the Daniels Decision is reverse that restrictive trend for Indians while constructing new problems.

The title of the article refers to P. Manent's essay, describing "the return of political philosophy". Using the distinction between science and art, suggested by thinkers such as J.S. Mill, an analysis was made of the possible responses of legal theory to the so-called "political turn" in social sciences and humanities. Attempts were made to show that transplanting such terms as "politics", "the political", "polity" (in the text they function under more theoretically neutral term: "politicalness") into the field of legal discourse leads to the rejection of the so far dominant (referring to the ideal of Ch. Montesquieu) image of the activity of lawyers as "artisans" practicing the art of law and to replacing it with the image of a lawyer-artists or lawyer-scientist. ; Tytuł artykułu nawiązuje do eseju P. Manenta, opisującego "powrót filozofii politycznej". Korzystając z rozróżnienia między nauką a sztuką, zaproponowanego przez J.S. Milla, dokonano analizy możliwych reakcji prawników i teorii prawa na wyraźny "zwrot polityczny" w naukach społecznych i humanistycznych. Starano się wykazać, że przeszczepienie takich terminów jak "polityka" i "polityczność" na grunt nauk prawnych prowadzi do odrzucenia dominującego dotąd (nawiązującego do ideału K. Monteskiusza) wyobrażenia działalności prawników jako "rzemieślników" uprawiających sztukę prawniczą oraz do zastąpienia go wyobrażeniem prawnika-artysty lub prawnika-naukowca.

This paper focuses on the regulation of prostitution in the Netherlands from the twentieth century onward. It aims to provide a full description of the Dutch position on prostitution through the interpretation and explanation of current Dutch prostitution policy. This will be achieved by analyzing the legal narratives that substantiate the legal rules provided in both Dutch criminal and administrative law concerning the regulation of prostitution. We analyze the Dutch prostitution legislation of the past, present, and future, using a newly developed analytical framework. Using this framework, we reconstruct the legislator's attitude towards prostitution using insights from previous theoretical work on prostitution and using models aimed at regulating this phenomenon that range from a total ban to full decriminalization. In our analysis, we also use the legitimating grounds for application of criminal law developed by Feinberg. These grounds are also used in this paper to interpret the administrative intervention in prostitution. This paper reveals a paradox: The idea of a liberal dream goes hand-in-hand with growing repression of freedom in the Dutch prostitution sector.

The honorary consul has a storied past which has been intertwined with consular affairs since antiquity. In today's multipolar and interconnected world, the honorary consuls have found their position within the fabric of consular and diplomatic intercourse, allowing the institution to acclimatize amidst the political and social milieu of international affairs and foreign policy. The institution of the honorary consul has thrived on the fringes of public policy, diplomatic and consular intercourse. However, non-state actors, the outsourcing of public and consular functions, and the centralization of consul services through virtual offices are becoming the new norm: does the honorary consul institution require modernization and reform in order to survive? As a research-based thesis, the intent is to make an original contribution to the academic and legal community, on a little known yet highly significant diplomatic function. Academic and legal scholarship has not given significant attention to the legal and diplomatic function of the honorary consul, yet their prominence within the Vienna Convention on Consular Relations (1963), as well as the fact that over 20,000 honorary consuls are serving worldwide, warrants a tailored research paper. A particular focus is needed on the immunities and privileges afforded to honorary consul within international codified law and the use of the honorary consul model in contemporary diplomatic and interstate intercourse. The qualitative research study in cooperation with the Ministry of Foreign Affairs Hungary will provide research data from a wide spectrum of serving honorary consuls, supporting the basis of the thesis, and allowing for further insight into key reforms to the honorary consul model. The complete study is provided in the annex of this paper. The research data collected for this thesis provides insight into the diverse range of individuals serving as honorary consuls. This thesis examines the honorary consul model and the challenges on sovereign nations and foreign policy strategy when utilizing honorary consuls to support national mandates. It identifies the unconventional nature of the post and the wide spectrum of those appointed, their mandated role and the acceptance within the diplomatic community. This thesis sheds light on the unique nature of the institution and questions the need for reforms and a coherent strategy for their presence in modern diplomatic intercourse and function. Ultimately, this thesis questions and challenges the diplomatic, legal and academic community regarding reforms and the potential requirement for standardized training and capacity programs, in order for the honorary consul model to ascend to a higher level of status and acceptance within the evolving diplomatic ecosystem of contemporary consular and interstate intercourse.

The paper dwells upon peculiarities of regulation of financial services markets in Ukraine, considering the state regulators' redistribution of powers. It was revealed that significant factors of positive perception of the regulation quality and efficiency of markets are operational reliability, flexibility, publicity, information activity, the efficiency of response to external challenges, predictability of actions to implement restrictions and liberalization. The author established that significant risks to the integrity of capital markets are associated with the operational capacity of financial institutions and financial infrastructure entities, and the regulator. The paper states that the total cessation of financial instruments and transactions can be considered justified only for a short and predictable period to minimize the influence of residents of the aggressor state, which in current conditions does not require significant technological difficulties, but only the political will of the regulator. It is substantiated that the permission to circulate only a small share of government securities (military bonds) is insufficient for investment activities, diversification of portfolios of financial institutions and meeting the population's demand, which in the following conditions can invest in assets devoid of regulatory restrictions or outside the available legal field. The paper discusses the validity of the grounds for termination of government bonds circulation in martial law and mechanisms to minimize the relevant risks of the state and the interests of government bond owners to prevent panic fall in domestic government prices. The author summarized the consequences of long-term restrictions on the circulation of financial instruments and activities of institutional investors for capital markets and specific sectors of the economy, including construction.

The paper is dedicated to highlighting and indicating linguistic exponents used for needs to express the recipients of legal rules, which are present in Polish, Greek and Cypriot normative acts. The thesis of the investigation is the suspicion of designation or denotation or different relations existing between linguistic exponents referring to the recipients of legal rules and the real recipients of legal rules. Before the empirical investigations are conducted, some characteristics of legal language (statutory language) are given. The statutory language is understood as the language used express and to formulate legal rules. Thus, language of legal rules is an abstract creation as it is the interpreted form of the statutory language. Then a typical legal rule might be seen as an utterance saying: "X (in the circumstances Y) does Z". The statutory language has a specific character and function, which is to express and to verbalize legal rules, thus considering the typology of legal rules, which is division into general legal rules(lex generalis) and specific legal rules (lex specialis), the linguistic exponents of these rules are presented. They are derived from Polish, Greek and Cypriot normative acts, more specifically, they form the laws. The next step of the investigation is to present the linguistic exponents used to specify the recipients of legal rules. The presentation is based on the relations of designation or denotation or different and the analysed linguistic exponents are given in confrontational aspect. The summaries and conclusions of the whole investigation are discussed in the final remarks of the paper. The final step of the investigation is to propose where and how the results of the performed investigations might be used as the applied linguistic, legal translatology especially seems the appropriate applicable field. Keywords: legal language, language of the law, language of legislation, comparative analysis of legal languages, legal clauses, legal norms, legal rules, linguistic phenomena of the law

Acknowledgement: The University of Malta would like to acknowledge its gratitude to the European Commission, Directorate-General for Regional and Urban Policy for their permission to upload this work on OAR@UoM. Further reuse of this document can be made, provided the source is acknowledged. This work was made available with the help of the Publications Office of the European Union, Copyright and Legal Issues Section. ; This research considers the law, policies and practice for gender-related asylum claims in nine EU Member States. The resulting comparative analysis demonstrates the many disparities in the way EU Member States handle such claims. The report concludes that women are not guaranteed consistent gender-sensitive treatment when they seek protection in Europe. It identifies a number of recommendations for a range of institutions in order to achieve a gender-sensitive asylum system across Europe ; N/A

Abstract
This article uses a singular event, the murder trial of a multiracial group of men and women accused of killing a young white girl, to examine the complex interactions between individual experiences and larger social patterns in the twentieth-century British Caribbean. It explores responses to the tragic death of a young child in British Guiana, Molly Schultz, notably its political and legal repercussions, by focusing on the Afro- and Indo-Guianese accused, the colonial prosecutors, and the multiethnic opposition politicians who became involved. Colonial officials took advantage of this death to pass two pieces of legislation. One strengthened the local anti-obeah (magic) law, a change that remained in effect until the late twentieth century. The second was a new law that effectively prevented poor, non-white Guianese from sitting on juries, part of an official attempt to help buttress white political power and a response to the racial fears of a colonial elite. I argue that the quotidian struggles of daily life shaped the lives and the stories of those accused of Molly Schultz's murder. Their experiences helped create the context in which these men and women became involved in the case and informed their explanations of their actions; their accounts in turn influenced the official version of Molly Schultz's death, including the role of obeah. The Indo- and Afro-creole lawyers and politicians who took up the case may not have represented themselves as believing in the magical practices purportedly at the center of these events, but they recognized their political significance. Contemporary racial tensions and political considerations influenced the legal proceedings but the everyday lives of ordinary Guianese helped shaped the outcome and the surrounding debates.

This article examines the legal contours of the international law regime as it relates to internally displaced people (IDPs) and assesses it critically. It analyzes the structural legal and humanitarian injustices from which IDPs suffer as a result of often arbitrary distinctions between them and refugees in international refugee law, international human rights law, and international humanitarian law. It explores how IDPs do not have the same explicit, dedicated legal protections in international law as refugees who have fled their countries of origin and crossed an international border. It argues that precisely because IDPs lack international legal protections, their rights and needs are often overlooked and met with indifference and lack of sufficient humanitarian response from the United Nations, its agencies and member states, and global humanitarian NGOs. It discusses efforts to recognize a specific set of international legal rights for IDPs, why they have been stymied for several decades, and the practical consequences in terms of human rights deferred and denied and human welfare undermined for IDPs and their increasing vulnerability and disadvantage. Finally, it presents ways of improving respect for and fulfillment of the human rights of IDPs.

While rape historically remains underreported all over the globe, and criminal justice factors contribute to this problem, we investigate unique circumstances that might influence reporting inclinations by Hungarian victims of sexual violence. Among other possible factors, victim-blaming, institutional desensitization, and a lack of trust in the criminal justice system and in the community are discussed. The in-depth interviews (n = 22) with law enforcement and criminal justice professionals conducted in 2018 in Hungary reveal roots of underreporting in the complexities of the criminal justice system: there is a failure to prioritize victims needsmental care services, physical and privacy protectionand a focus instead on solely providing legal justice. The further deficits that can be found among professionals attitudes and behaviors in the courtroom are products of the following: a lack of standardized protocols in addressing the needs of victims; a dearth of technical and evidence-based knowledge and training; a lack of supervision and trauma-informed services to practitioners; high caseloads; a focus on the goal of high conviction rates; not providing open communication toward victims; and a shortage of standardized protocols in dealing with victims. ; Published version

ContentsAcknowledgementsTimeline1. Introduction: The Legal Production of Immigrant 'Illegality'2. A Brief History of Immigration Law and Policy3. Job Takers, Criminals, Fiscal Drains: Fact vs. Fiction in the Immigration Debate4. Harvest of Empire: Globalization and Immigration5. "Get in Line": The Legal Immigration Queue and the Inequity of Equal Treatment6. Conclusion: Race, Immigration, and the Moral Case for ReformGlossaryReferences

Introduction At the turn of the century, when the Millennium Development Goals placed maternal mortality reduction high on the global agenda, Ethiopia relaxed its restrictive abortion law to expand grounds on which a woman could legally obtain an abortion. This radical policy shift took place within a context of predominant anti-abortion public opinion shaped by strong religious convictions. Drawing upon Walt and Gilson's policy analysis framework, this paper explores the tension between public policy and religious dogma for the strategies chosen by the Ethiopian Ministry of Health and its partners implementing the new policy, and for access to safe abortion services. Methods The study employed a qualitative research methodology. It targeted organizations that are key stakeholders in the field of reproductive health. These included policy makers and policy implementers like ministries, UN agencies and international and national NGOs as well as religious organizations as key opinion leaders. The data collection took place in Addis Ababa between 2016 and 2018. A total of 26 interviews were conducted, transcribed, and analyzed using the principles of qualitative content analysis. Results Our analysis showed that the implementing organizations adopted a strategy of silence not to provoke anti-abortion sentiments and politicization of the abortion issue which was seen as a threat to the revised law and policy. This strategy has facilitated a rollout of services and has improved access to safe abortion care. Nevertheless informants were concerned that the silence strategy has prevented dissemination of knowledge about the revised law to the general public, to health workers and to the police. In turn this has caused confusion about eligibility to legal and safe abortion procedures. Conclusions While silence as a strategy works to protect the law enhancing the health and survival of young women, it may at the same time prevent the law from being fully effective. As a long term strategy, silence fails to expand awareness and access to safe abortion services, and may not sufficiently serve to fulfill the potential of the law to prevent abortion related maternal deaths. ; publishedVersion

Chimène Keitner, Alfred & Hanna Fromm Professor of International Law at UC Hastings Law, moderated a discussion among John B. Bellinger III, former U.S. State Department legal adviser and current head of Arnold & Porter's global law and public policy practice; Marko Milanovic, professor of public international law at the University of Nottingham School of Law; and Angela Mudukuti, senior international criminal justice lawyer at the Wayamo Foundation.