Suchergebnisse

Many of today's products and services fall into the category of products and services that are, as such, legal but still unhealthy. Think of smoking as an example. This paper deals with the question of which mix of legal instruments should ideally be used in the light of such products and services. It distinguishes between products and services that predominantly lead to "harm to oneself" or "harm to others". In the end, most law and economics arguments point in the direction of ex ante safety regulation. However, when there are concerns about the quality of regulation (eg due to lobbying efforts), liability has important added value. In the "harm to others" scenario, safety regulation is even more warranted because the larger number of victims and the increased difficulty to prove the causal link render litigation burdensome. Strict liability has several advantages over negligence and is, therefore, generally preferred. A strong point of negligence, however, is that it enables the court to conduct its own weighing of costs and benefits, which in specific circumstances may be better than that of the regulator or the producer. Furthermore, it enables the judge to consider not only the harm to the user, but also the harm to others in setting the due care standard.

International sanctions, understood as coercive means imposed by the United Nations, or by States, individually or collectively, against a country responsible for violating fundamental rules of international law, have been extensively analysed in the legal literature.1 A survey of such literature shows that particular emphasis has been put on the nature of sanctions, their status in international law and the very controversial issue of the legality of their adoption either by regional organisations, or by a State motu proprio, unilaterally.

This article is a review of the policies implemented during the two periods of government of the Farabundo Martí Front for National Liberation in El Salvador, from 2009 to 2018. Changes in public spending and investment, such as increased financing, are evaluated. to the Social Investment Fund for Local Development, the benefits for public school students: free school lunch programs, the Glass of Milk, etc .; as well as changes in the legal framework, such as the Law on Medicines; or innovative programs such as Ciudad Mujer. These measures, with respect to the neoliberal policies of the previous governments, allow us to infer that despite the little margin that the Executive has, with respect to the other powers of the State, it is incorrect to assume that the FMLN has been self-complacent and has accepted the economic model inherited of the administrations of Arena ; El presente artículo es una revisión de las políticas implementadas durante los dos periodos de gobierno del Frente Farabundo Martí para la Liberación Nacional en El Salvador, de 2009 a 2018. Se evalúan los cambios en el gasto y la inversión pública,como el aumento de financiamiento al Fondo de Inversión Social para el Desarrollo Local, los beneficios para los estudiantes de las escuelas públicas: programas de almuerzo escolar gratis, el Vaso de Leche, etc.; así como cambios en el marco jurídico, como la Ley de Medicamentos; o programas novedosos como Ciudad Mujer. Estas medidas, respecto a las políticas neoliberales de los gobiernos anteriores, permiten inferir que a pesar del poco margen que tiene el Ejecutivo, respecto a los otros poderes del Estado, es incorrecto asumir que el FMLN ha sido autocomplaciente y ha aceptado el modelo económico heredado de las administraciones de Arena.

Government policies by legitimizing the presence of the omnibus law on copyright work, socially and legally have an impact on labor and workers. The reason is that this controversial law is considered to be very detrimental to labor and workers. The purpose of this study was to analyze the extent to which social impacts were generated after the government legal sociological perspective of the work copyright omnibus law was passed. This study uses a qualitative approach and descriptive methods and is equipped with literature study data collection. The results of the study conclude that the sociology of law responds to the rejection of the omnibus law on work copyright done by workers and labor because it will have an effect on social impacts that have implications for demonstrations of labor and workers nationally.

On October 2, 1995, the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia' held that the Tribunal has jurisdiction to try Dusko Tadic, a Bosnian Serb, for war crimes and crimes against humanity. The Appeals Chamber ruled that the establishment of the Tribunal was lawful, that the Tribunal's primacy over national courts does not violate international law, and that the Tribunal's jurisdiction extends to crimes committed in internal armed conflict. The decision cleared the way for the first international war crimes trial since Nuremberg and Tokyo. The Appeals Chamber was right to uphold the validity of the Tribunal and its primacy over national courts, but, as this article will argue, the Chamber's sweeping interpretation of the Tribunal's jurisdiction raises some troubling questions.

Abstract
This article examines the evolution over time of attempts to establish an international law principle that States have a legal responsibility, at least under certain circumstances, to combat irregular emigration, defined as the exit of individuals who would be arriving at their destination in a manner that is not compliant with the destination country's immigration laws. Through examination of contemporaneous statements and the travaux préparatoires relating to six separate negotiations, light is shed on the attempts to develop such a norm since the beginning of the 20th century, along with the evolving set of legal and ethical justifications that were used in these processes. The different practical and principled objections employed by States and civil society actors to oppose the development of such a legal norm are also examined. The article concludes that this historical perspective challenges current perceptions that home State controls are of recent origin, and that in fact international migration law is inherently progressive.

Over the past two decades, the U.S. federal government has sought to increase its capacity to find, apprehend, and deport noncitizens residing in the United States who have violated federal immigration laws. One way the federal government has done this is by partnering with state and local law enforcement agencies on immigration enforcement efforts. The present study analyzes the records of all 1,964,756 interior removals between fiscal years 2003 and 2015 to examine how, if at all, the types of criminal convictions leading to removal from the U.S. interior have changed during this period of heightened coordination between law enforcement agencies and whether there are differences by gender and region of origin in the types of convictions leading to removal. Findings show that as coordination between law enforcement agencies intensified, the proportion of individuals removed from the U.S. interior with either no criminal convictions or with a driving-related conviction as their most serious conviction increased. Findings also show that the proportion of individuals removed with no criminal convictions was greater for women than for men and that the share of individuals removed with a driving-related conviction as their most serious conviction was greater for Latin Americans than for individuals from all other regions. Given renewed investment in these types of law enforcement partnerships under the Trump administration, the patterns presented in this article may foreshadow trends to come.

AbstractWhile the Geneva Conventions contain gender-specific provisions, the reality of women's and men's experiences of armed conflict have highlighted gender limitations and conceptual constraints within international humanitarian law. Judgements at the International Criminal Tribunal for the former Yugoslavia (ICTY) and International Criminal Tribunal for Rwanda (ICTR) ad hoc tribunals have gone some way towards expanding the scope of definitions of sexual violence and rape in conflict. More recent developments in public international law, including the adoption of Security Council Resolutions 1325 and 1820 focused on women, peace and security, have sought to increase the visibility of gender in situations of armed conflict. This paper highlights important developing norms on women, peace and security. Although these norms are significant, they may not be radical enough to expand constructions of gender within international humanitarian law. This leaves existing provisions open to continued scrutiny.

Human rights protection must be carried out without any form of discrimination. However, this is contrary to what happened to the sexual minority group (LGBTQIA+), especially for this matter, transwomen. Transwomen are seen as something different, something bad, immoral and the negative stigma from society is attached to every individual who is part of the group. In interviews conducted with several transwomen, discrimination against their group in various forms seems to be normalized even though, both internationally and nationally, legal protection and human rights of transwomen are guaranteed in every Declaration and International Human Rights Convention ratified by Indonesia, as well as set out in instruments national human rights laws such as the 1945 Constitution, Law no. 39 of 1999, and other human rights regulations. The research intends to explore the legal protection of discrimination against sexual minority groups (transwomen) in DKI Jakarta from a human rights perspective. When all are treated equally, discrimination should not occur. As long as there are no legal provisions that specifically regulate transwomen groups, their human rights should be guaranteed as human beings who have rights and dignity over themselves. This research is using the empiric juridical method through interviews and focus group discussion with the community or participants from transwomen and sexual minorities groups in Jakarta.

With use of innovative proxies and new annual data, I demonstrate that relatively high legal capacity and regulatory activity of the early-modern Polish parliament was positively associated with deeper commodity market integration. Conversely, the lack of effective law-making, caused by the right of a single delegate to discontinue the parliamentary sessions, fostered market fragmentation. This indicates that early parliamentary regimes might have required legal capacity to harmonize domestic institutions and reduce the transaction costs. The Polish case suggests a hypothesis that the pre-1800 'Little Divergence' between European parliamentary regimes could potentially be partially explained by differences in their capacities.

The Law Reports of the Special Court for Sierra Leone -- Copyright -- Contents -- About the Editors -- Foreword by President Jon Kamanda -- Foreword by Registrar Binta Mansaray -- Preface -- Introduction -- PART I: INDICTMENTS -- Indictment, 3 March 2003 -- Amended Indictment, 16 March 2006 -- Case Summary Accompanying the Amended Indictment, 16 March 2006 -- Second Amended Indictment, 14 May 2007 -- Case Summary Accompanying the Second Amended Indictment, 3 August 2007 -- PART II: INTERLOCUTORY DECISIONS - TRIAL CHAMBER -- Decision Approving the Indictment and Order for Non-Disclosure, 7 March 2003 -- Warrant of Arrest and Order for Transfer and Detention, 7 March 2003 -- Order for the Disclosure of the Indictment, the Warrant of Arrest and Order for Transfer and Detention and the Decision Approving the Indictment and Order for Non-Disclosure, 12 June 2003 -- Order Pursuant to Rule 72(E): Defence Motion to Quash the Indictment and to Declare the Warrant of Arrest and All Other Consequential Orders Null and Void, 19 September 2003 -- Decision on Prosecution's Application to Amend Indictment and on Approval of Amended Indictment, 16 March 2006 -- Decision and Order for Disclosure, 30 March 2006 -- Scheduling Order, 31 March 2006 -- Order Pursuant to Rules 72(E) and 72(F): Urgent Defence Motion for an Order That No Change of Venue From the Seat of the Court in Freetown Be Ordered Without the Defence Being Heard on the Issue and Motion That the Trial Chamber Request the President of the Special Court to Withdraw the Requests Purportedly Made to (1) the Government of the Kingdom of the Netherlands to Permit That the Trial of Charles Ghankay Taylor Be Conducted on Its Territory & (2) to the President of the ICC for Use of the