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Self-determination or trusteeship? An analysis of the Xukuru case.
Publication Type:Academic Journal
Source(s):Direito e Práxis. Mar2022, Vol. 13 Issue 1, p525-552. 28p.
Abstract:O estudo busca contribuir com o aprimoramento do processo interamericano nos casos contenciosos envolvendo povos indÃgenas, a partir da efetiva aplicação do princÃpio da autodeterminação dos povos quanto à realização do direito à titularidade de suas t...
Access to health care for Venezuelan irregular migrants in Colombia: between constitutional adjudication and human rights law.
Publication Type:Academic Journal
Source(s):International Journal of Human Rights. Jul2022, Vol. 26 Issue 6, p1056-1082. 27p.
- Authors:
- Angeleri, Stefano
Abstract:In the last six years, Colombia has received an exceptionally high number of incoming people on the move, fleeing from neighbouring Venezuela, including around 1 million Venezuelan nationals in an irregular situation.1 Against this unique and challengi...
NORMATIVE SYSTEMS AND HUMAN RIGHTS.
Publication Type:Academic Journal
Source(s):Emory Law Journal. 2022, Vol. 71 Issue 7, p1583-1610. 28p.
- Authors:
- Kay, Richard S.
Abstract:The article reviews normative systems of human rights according to international law, domestic constitutional law and moral philosophy. Topics discussed are human rights as legal rights, distinction between moral or political interpretations of human r...
HUMAN RIGHTS, CONSTITUTIONAL RIGHTS, AND JUDICIAL REVIEW: COMPARING AND ASSESSING MICHAEL PERRY’S EARLY AND CONTEMPORARY ARGUMENTS.
Publication Type:Academic Journal
Source(s):Emory Law Journal. 2022, Vol. 71 Issue 7, p1365-1396. 32p.
- Authors:
- Conkle, Daniel O.
Abstract:The article compares and assesses Professor Michael J. Perry's early and contemporary arguments on human rights, constitutional rights and judicial review. Topics discussed criteria used by the U.S. Supreme Court in evaluations for judicial review in i...
COASE AND ACCOMMODATION: A REPLY.
Publication Type:Academic Journal
Source(s):Emory Law Journal. 2022, Vol. 71 Issue 7, p1457-1486. 30p.
- Authors:
- Gedicks, Frederick Mark
Abstract:Many years ago, when I was a fresh-faced appointments candidate hoping to teach constitutional law, my dean at USC recommended some reading to ease me into the scholarly flow. One suggestion—which I took—was The Constitution, the Courts, and Human Righ...
Abortion Law and Human Rights in Poland: The Closing of the Jurisprudential Horizon.
Publication Type:Academic Journal
Source(s):Hague Journal on the Rule of Law. Apr2022, Vol. 14 Issue 1, p73-99. 27p.
- Authors:
- Bucholc, Marta
Abstract:On 22 October 2020, the Constitutional Tribunal of Poland ruled that an abortion due to foetal impairment was unconstitutional. This article discusses the context of this controversial ruling as well as its main tenets, focusing on the interpretation o...
Corporate Liability Design for Human Rights Abuses: Individual and Entity Liability for Due Diligence.
Publication Type:Academic Journal
Source(s):Oxford Journal of Legal Studies. Summer2021, Vol. 41 Issue 2, p289-320. 32p. 5 Charts.
- Authors:
- Friedman, Nick
Abstract:In this article, I critically review the economic theory of corporate liability design, focusing on the allocation of liability between a corporation and its individual human agents. I apply this theory to transnational commercial contexts where human ...
THE CONSTITUTIONAL FALLACY OF INTELLECTUAL PROPERTY CLAUSES.
Publication Type:Academic Journal
Source(s):Berkeley Technology Law Journal. 2020, Vol. 35 Issue 2, p589-662. 74p.
- Authors:
- Zemer, Lior
Abstract:For over 200 years, constitutions have recognized intellectual property as a fundamental human right, relevant to the creation of a historical national script of values and commitments. But this phenomenon has been absent from scholarly discourse. This...
Dignity in transition: the constitutional and operational potential and limits of human dignity seen from the lens of post-conflict societies.
Publication Type:Academic Journal
Source(s):International Journal of Human Rights. Oct2021, Vol. 25 Issue 8, p1211-1232. 22p.
- Authors:
- Qerimi, Qerim
Abstract:This article explores the meaning and status of human dignity in a post-conflict context through, primarily albeit not exclusively, an examination of Kosovo's experience. The content and contours of the 2008 Kosovo Constitution were most naturally shap...
- Subjects:
- DIGNITY
- CONSTITUTIONAL law
Constitutional rights and guarantees: the contrasting approaches of Australia and India.
Publication Type:Academic Journal
Source(s):International Journal of Human Rights; May2022, Vol. 26 Issue 4, p655-682, 28p
- Authors:
- Star, Shaun
- Bharadwaj, Arindam
Abstract:Copyright of International Journal of Human Rights is the property of Routledge and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, ...