ADPF 347 and the 'Unconstitutional State of Affairs' of Brazil's Prison System (ADPF 347 E O 'Estado De Coisas Inconstitucional' Do Sistema Prisional Brasileiro)
In: Espaço Jurídico Journal of Law, 2016
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In: Espaço Jurídico Journal of Law, 2016
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In: 104 California Law Review ____ 2016, Forthcoming
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In: Victoria University of Wellington Law Review, Volume 39, p. 497
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In: Common market law review, Volume 30, p. 247-266
ISSN: 0165-0750
In: The Journal of law & [and] politics, Volume 5, p. 605-624
ISSN: 0749-2227
In: University of California-Davis Law Review, Volume 39, p. 1773
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In: International law reports, Volume 186, p. 169-223
ISSN: 2633-707X
Human rights — Right to fair trial — Right to defence — African Charter on Human and Peoples' Rights, 1981, Article 7 — International Covenant on Civil and Political Rights, 1966, Article 14 — Due process in criminal trial — Right to cross-examine witnesses — Bar on retroactive legislation — Retroactive application of law legitimate when effect was to reduce sentence — Right to freedom of expression and opinion — African Charter on Human and Peoples' Rights, Article 9(2) — International Covenant on Civil and Political Rights, Article 19 — Limits on freedom of expression — Rwanda — Prohibition of negation of genocide — Whether legitimate — Whether penalty proportionateInternational tribunals — African Court on Human and Peoples' Rights — Jurisdiction — Material jurisdiction — Whether Court having jurisdiction to hear the application — Admissibility — Whether application admissibleDamages — Reparations — Claim for damages for violation of African Charter of Human and Peoples' Rights, 1981 and International Covenant on Civil and Political Rights, 1966 — Release from imprisonment — Pecuniary damages — Whether evidence substantiating claims — Moral damages — Whether violation of applicant's rights negatively impacting family members — Whether close family members eligible to receive moral damages — Medical evidenceEvidence before international courts and tribunals — African Court on Human and Peoples' Rights — Claim for damages for violation of African Charter of Human and Peoples' Rights, 1981 and International Covenant on Civil and Political Rights, 1966 — Requirement of evidence of material prejudice arising from violation of human right — Whether link shown between material loss and violation — Presumption of moral prejudice on part of applicant due to detention conditions — Whether medical evidence violation of applicant's rights negatively impacting close family members
In: German Law Journal 2013/8. pp. 1215-1278
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The present research paper analyses the EU general and mandatory sectoral legalframework on public procurement, arguing for its inhibiting effect on the EU‐wide uptake of greenpublic procurement. It explores de jure and de facto barriers to green public procurement, motivatedby the need for a change in the business world towards more sustainable practices throughpreferably mandatory legal changes of EU corporate law. As the public procurement represents astrong nudge for a qualitative change in private market demand, accounting for a minimum of 12%of the national gross domestic product, it should become environmentally sustainable itself andguide markets through the qualitative and quantitative changes on the demand side. Given thecomplexity of the current legal framework and the novelty of the approach to public procurementas a strategic tool for the achievement of sustainable production and consumption, a better definedand clear legislative approach is called for, possibly in a mandatory form, clarifying the obligationof public procurers to account for sustainability in their practices, especially as regardsincorporating environmental concerns in their purchasing activities. In its current form, the EUlegislative public procurement framework entails a seemingly permissive attitude towards greenpublic procurement, hampered in practice by the existing legal institutes in the field, which hamperthe strategic use of public procurement and thereby its influence on sustainability on the privatemarkets.
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In: Edinburgh School of Law Research Paper No. 2024/03
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In: Harvard Civil Rights- Civil Liberties Law Review (CR-CL), Volume 55
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In: Faculty of Law, Stockholm University Research Paper No. 13
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Working paper
In: (2017) Med Law Rev fww045. DOI: 10.1093/medlaw/fww045
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In: 32.1 Columbia Journal of Gender and Law 1 (2016)
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In: Harvard Journal of Law and Public Policy, 2014, Forthcoming
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