Publications Displaying 1 - 36 of Sorted by year, then title. The traditional answer has long been 'No', any right being that of the State to grant or not to grant. This chapter argues that there is indeed an obligation to grant asylum, drawing among others on elementary considerations of humanity and human rights obligations owed erga omnes. I argue further that this has legal and policy implications, in particular, for the EU, the Court of Justice, the Strasbourg Court, and States.
Considers recent prosecutions of those accused of recuiting and using children in armed conflict, and examines the situation of child soldiers who may themselves have committed war crimes. It reviews actual and potential gaps in the law, considers jurisprudence and practice with reference to the concepts of territory and jurisdiction, and argues that in this context, 'jurisdiction' should be interpreted to include 'enforcement or prerogative jurisdiction'. This task falls almost exclusively on national courts, but in the absence of an international review body, each State must determine the scope of its own obligations.
Within the EU, a common asylum policy and common approaches to the refugee definition are very much part of the agenda, and jurisprudence under the Qualification Directive is already beginning to emerge. Also, they are uncertain what weight to give to the views of the Office of the United Nations High Commissioner for Refugees UNHCR , and how those views fit within the scheme of interpretation is not always clear.
We are always on, always connected: But there is a dark side to cyberspace - hidden contests and malicious threats - that is growing like a disease from the inside-out. This disease has many symptoms, and is being reinforced by a multiplicity of disparate but mutually reinforcing causes. Some of these driving forces are unintended byproducts of the new digital universe into which we have thrust Was The Ship Ever Afloat? But Lotus has perhaps drawn as much criticism as affirmation. Ian Brownlie observes that "[i]n most respects the Judgment of the Court is unhelpful in its approach to the principles of jurisdiction, and its pronouncements are characterized by vagueness and generality.
This Note avoids the legal cacophony surrounding the specific holdings of the Lotus decision, focusing instead on the Lotus principle. Scholars have persistently and often uncritically taken the Lotus principle at face Who Rules The World? Battles Around Legal Education Reform: This Article examines SEC enforcement policies and seeks to find the optimum approach to enforcement against foreign private issuers.
My previous empirical study of securities class actions against foreign firms identified a number of crucial developments that mainly occurred after Morrison v. In Morrison , the Supreme Court sought to limit the extraterritorial reach of the antifraud provisions of the U. The Court has scaled down the exposure of foreign issuers to securities liability risk, particularly in class-action litigation.
If the Supreme Court in Morrison has created a risky enforcement lacuna on the side of Habitual residence has now become an internationally accepted connecting factor in conflict of laws and is widely being used as an alternative to, or replacement of, domicile. This concept, however, remains remote to American conflict of laws. Although the use of habitual residence in the U. The Article argues that habitual residence should be adopted as a conflict of law connecting factor in American conflict of laws, and it would be unwise for This article provides an analysis of this principle in the As such, law created legal Aune University of Georgia School of Law.
Entering The Trump Ice Age: During the early stages of the Trump ICE age, America seemed to be witnessing and experiencing an unparalleled era of immigration enforcement.
But is it unparalleled? Bush who used the authority of the Patriot Act to round up nonimmigrants from Muslim and Arab countries, and did his ICE not commonly engage in armed raids at factories and other worksites? Are there not strong parallels that can be drawn between Trump enforcement plans and actions and those of other eras? Zanichelli, , — Giappichelli, , 28— D ' Alconzo , G.
Jesuit Refugee Service — Italia, , also available at www. Lagerqvist , Lindholm-Billing , K. Dutheillet de Lamothe , O.
University of Washington Press, Tirant Lo Blanch, University of California Press, Edizioni Gruppo Abele, Incisa Di Camerana , L. Yale University Press, Nordic Council of Ministers, , — Handbook of International Law London: Routledge, , — Martinus Nijhoff Publishers, Nomos Verlagsgesellschaft, , — A New Source of Inspiration? Frontiere , Medici Senza ed. Montero Elena , C.
British Institute of International and Comparative Law, , 49— Was The Ship Ever Afloat? Self-management Team working Problem solving Application of information skills Communication. Aune University of Georgia School of Law. Examines the notion of tolerance as 'human right', with reference to refugee movements and the grant of asylum in its recent historical and modern dimensions. International Regimes Ithaca, NY: British Institute of International and Comparative Law, , —
Ministerio de Asuntos Sociales, Nguyen Quoc Dinh , P. Daillet and Pellet , A.
Hart Publishing, , — Polo Guardo , R. Ministerio de Trabajo y Asuntos Sociales, Report Copenhagen British Institute of International and Comparative Law, , 49— Santolaya Machetti , P. Princeton University Press, International Regimes Ithaca, NY: