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international human rights law's subsidiarity principle allow the U.S. to pursue a framework policy toward treaty body engagement … importance of giving the principle of subsidiarity its full and intended meaning in international human rights law. The piece … domestic decision-making processes. The challenge for domestic advocates is to ensure that this subsidiarity principle is …
Persistent link: https://www.econbiz.de/10014225468
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
In social justice advocacy in the United States today, activists often use international human rights rhetoric, methods, standards, and institutions. What are the scope, purposes, and effects of this strategy? Is this something new? If so, how and when did this trend begin? This paper discusses...
Persistent link: https://www.econbiz.de/10014050285
the world. The papers examine the evolution of climate-related cases, the scope of such cases and the varying grounds on …
Persistent link: https://www.econbiz.de/10012795452
The projected inclusion of the subsidiarity principle and the margin of appreciation doctrine in the preamble to the … adjudication. I then use this political conception to present a non-statist reading of the subsidiarity principle, which is in …
Persistent link: https://www.econbiz.de/10012952551
The degree of justiciability (as well as enforcement) of the socio-economic rights of the African Charter have always played second fiddle to that of the traditional civil and political rights. Over two decades after the coming into force of the Charter, the African Commission has received...
Persistent link: https://www.econbiz.de/10014207705
This article examines the treatment in the EU of trade secrets, which are not recognized in many EU Member States as intellectual property. The authors analyze the EU’s obligations under international treaties (notably TRIPS) and under European law (notably the EU Charter of Fundamental Rights...
Persistent link: https://www.econbiz.de/10014165480
The paper compares the case law on the right to life of the European Court of Human Rights and the Human Rights Committee. It is argued that the main interpretative method that both the Committee and the Court use is the principle of effective protection of the right to life in practice. The...
Persistent link: https://www.econbiz.de/10014053943
The former administration of Donald J. Trump shattered norms governing the responsibility to relay accurate, truthful information to the public. Whether regarding trivialities or vital issues of the day, the “Trump Doctrine” unleashed a global torrent of damaging misinformation and...
Persistent link: https://www.econbiz.de/10013298338