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Whilst the use of European consensus by the European Court of Human Rights is receiving some attention in the relevant scholarship, there has been very little assessment of the validity of the assumption that this method of decision making enhances the legitimacy of judgments. There has also...
Persistent link: https://www.econbiz.de/10012894350
On 9 October 2018, the Hague Court of Appeal confirmed the first instance judgement rendered in the world-famous Urgenda case: the Dutch State commits a tort by setting a goal for greenhouse gasses emissions reduction of only 20% by the end of 2020, compared to 1990 levels. The State is ordered...
Persistent link: https://www.econbiz.de/10012895196
Vital importance to any society is the establishment and conduct of human rights, including economic and social rights. This paper comparatively examines the economic and social rights within the Egyptian Constitution and local law provisions, with the United Nations Declaration of Human Rights...
Persistent link: https://www.econbiz.de/10012895975
The emerging economic power of Asia has accelerated since the conclusion of free trade agreements amongst Asia nations. At the same time, the development of such regional cooperation in trade affairs has been accompanied by human rights concerns regarding labour standards and environmental...
Persistent link: https://www.econbiz.de/10012896313
In 2006, a new United Nations Human Rights Council came into existence, replacing the former UN Commission on Human Rights with a restructured body. To help achieve its goals, a new mechanism for monitoring the human rights performance of all states was also introduced, known as Universal...
Persistent link: https://www.econbiz.de/10012896448
The legal context may not be the only context in which human rights are applied, but it certainly is an important one. With a view to assessing human rights in the context both of the courtroom and of legal scholarship, this paper sets out some of the basics of law and legal method
Persistent link: https://www.econbiz.de/10012945195
The article discusses the status of social and economic rights within Australia and why these rights have special significance for women, particularly under neoliberalism. It argues that unless these rights are realised, women's equal and meaningful participation within our democracy will remain...
Persistent link: https://www.econbiz.de/10012945874
This article weighs up the arguments against justiciability of Economic Social Rights (ESRs). It emphasizes the importance of ESRs; stipulates that any argument against the legitimacy of judicial enforcement of ESRs is neither plausible nor supported by reality on ground; and seeks to cast doubt...
Persistent link: https://www.econbiz.de/10012946088
As many domestic, inter-regional, and international political economy concerns burdened China's 2001 accession to the … World Trade Organization (quot;WTOquot;), including the aftermath of accession, there is the often ignored impact of China …, China, pursuant to reunification, and other key international players, including the United States and its trade policies …
Persistent link: https://www.econbiz.de/10012765426
In December 2007 the US Supreme Court heard oral arguments in its latest Guantaacute;namo Bay cases, Boumediene vs. Bush and Al Odah vs. United States. Interestingly, the argumentation offered in this litigation was almost exclusively domestic - international human rights law did not feature in...
Persistent link: https://www.econbiz.de/10012766466