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Pursuing the Path of Indigenization in the Era of Emergent International Law Governing the Rights of Indigenous Peoples

identity. Significant barriers to indigenization include not only political, economic, and social obstacles, but also psychological reliance upon the colonizing nation, the inability to recall the memory of ... 32 (discussing estimates of American Indian depopulation since 1492). 15. Such an argument dovetails with the political philosophy known as communitarianism. See generally MICHAEL J. SANDEL

On the Indivisibility of Rights: Truth Commissions, Reparations, and the Right to Development

between violations of Civil and Political Rights (CPR) and Economic, Social and Cultural Rights (ESCR), using Peru's Truth and Reconciliation Commission (TRC) as an example. The TRC's findings show how ... York University School of Law (J.D.). She has been involved in Peru's political transition since 2002 in different capacities, most recently as a legal consultant and human rights educator of victim

Understanding "Hostage-Diplomacy": The Release of Wei Jingsheng and Wang Dan

initiatives without broader gains in allowing political dissent, causing a number of commentators to refer to them as "hostage-diplomacy." ... term in context of Peruvian hostage crisis). It has, however, been used in the context of political prisoners before, see Policy Towards the United States "Matter of Concern",BBC SUMMARY OF WORLD

Extracting Accountability: The Implications of the Resource Curse for CSR Theory and Practice

absence of basic services like health care and electricity- require new strategies and incentives to encourage governments to play their traditional role more effectively. Political economic theories of the ... . Political economic theories of the "resource curse" see the breakdown of a sense ofgovernment accountabilityto its people as one of the more destructive aspects of excessive reliance on natural resource rents

2016 Amendment of the Czech Significant Market Power Act of 2009

modified the scope and principal philosophy of the SMPA by removing the previously required “substantial detriment to economic competition” as the pre-condition of the applicability of the Act. However ... The regulation of so-called “buying power” of large retail chains, especially in the agro-food sector, has been a  topic of lively debate in the Czech Republic both in the political and legal-theory

Legal Pluralism in Post-Colonial Africa: Linking Statutory and Customary Adjudication in Mozambique

Legal pluralism - defined as a situation in which "more than one legal system operate(s) in a single political unit" - is a practical reality in a large number of countries in the world, most notably ... traditions or free of at least some elements that belong to western modernity. It is therefore that African governments have . . . to make decisions about the legal and political position of both tradition and

The Experience of Face Veil Wearers in Europe and the Law edited by Eva Brems

The Experience of Face Veil Wearers in Europe and the Law, edited by EvaBrems, positions itself in the midst of a political, cultural, and intimately personal debate enveloping Europe over what is ... withdrawal from society. Individually, the empirical country studies are not repetitive; each adds something new to the conversation by weaving personal narratives with the particular history and political

Managing Diversity in the European Union: Inclusive European Citizenship and Third- Country Nationals

citizenship. Free movement rights have allowed European citizens to cross borders and participate more nearly as political and legal equals within the host society. At the same time, however, European ... UNION The European Union (EU) is an ongoing project in diversity management.' Member states bring their own histories, languages, economies, and political cultures to a common table in Brussels, and the

On the Uses and Disadvantages of History for Human Rights Law: Reading Samuel Moyn's The Last Utopia: Human Rights in History

theories of contemporary human rights, which envision rights in a world not dominated by the sovereignty of nation-states, did not evolve out of historic discussions of political and human rights. Moyn ... political standards it champions and the emotional passion it inspires, this program draws on the image of a place that has not yet been called into being. It promises to penetrate the impregnability of state

Maya Aboriginal Land and Resource Rights and the Conflict Over Logging in Southern Belize

the Toledo District, its most southern political subdivision. The rural parts of the Toledo District that are affected by the concessions are inhabited primarily by Maya people, descendants of the Maya ... period for establishing legal estates in land by adverse possession to thirty years against the Crown and twelve years against private subjects. 7 15 By the same philosophy through which settlers that

Distributing Emissions Rights in the Global Order: The Case for Equal Per Capita Allocation

components. First, it should satisfy a goal of equal treatment by rebalancing the existing distribution of economic and political influence in order to give all nations the ability to s1hape the global ... violates the rights of persons in developing countries." Political officials in China and India, in rejecting recent suggestions that developing countries should take on binding targets in the next

The Secret History of Constitutional Dignity

“Dignity” is suddenly everywhere in law and philosophy, even though it has long been in decline in general usage. In a popular view, this prominence is essentially due to World War II’s aftermath ... yet concerned by the Jewish tragedy. And while it is certainly true that Kant occasionally referenced dignity, none of his political disciples have made anything of this fact—and his current

Beyond the Rhetoric: Strategies for Effecting Change in Women's Human Rights

human rights protection, the Convention envisioned a broader notion of equality between the sexes, beyond the norm of anti-differentiation. It aspired to eliminate the subordination of women in political ... the distinction. 3. See, e.g., International Covenant on Civil and Political Rights (ICCPR), openedfor signature Dec. 19, 1966, arts. 2 and 26, 999 U.N.T.S. 171 (undertaking to ensure to all within

Designing Criminal Tribunals: Sovereignty and International Concerns in the Protection of Human Rights, by Steven D. Roper and Lilian A. Barria

Steven D. Roper and Lilian A. Barria, professors in the Department of Political Science at Eastern Illinois University, are frequent collaborators on scholarly work concerning criminal tribunals ... century as a reflection of political realities,"1 Roper and Barria argue "that legal concerns are embedded within a political process (either domestic or international) in which rights and obligations are

Policies, Aspirations, or Rights? A Case for Mainstreaming Socioeconomic Rights in the Malawi Growth and Development Strategy (MGDS)

-scale and estate agriculture with respect to product range and productivity; and vulnerability to external political and economic shocks, as well as other factors on account of the country's landlocked ... . Just like the OHCHR, the ADB similarly adopts Sen's philosophy, stating that for a background of the development of a holistic concept of poverty, we have to look to Sen's work. AMARTYA SEN, DEVELOPMENT

Aftershocks: Reflections on the Implications of September 11

perception, we must look at what they fear. Since 1945, the international legal system, at the initiative of leading Western modernizing states, has established a set of ground rules of political and other ... of political and other social organizationbased upon what it considers to be universally valid and self-evident principles. These ground rules are embodied in the Universal Declaration of Human Rights

Open Access Competition in the Long-Distance Passenger Rail Services in Poland

pressure on the political and regulatory decision-makers. This case has not featured yet in the scientific discussion on the open access in the passenger rail markets in Europe and the main aim of this ... challenging traditional air carriers, which seems to be one of several distinctive properties of the Polish case. By the strategic use (or abuse) of the political process, PKP IC tried to put its competitor at

The Pinochet Affair: State Terrorism and Global Justice, by Roger Burbach

overthrowing Salvador Allende - and interviews with prominent figures in the Chilean human rights movement, judiciary, and political sphere. He constructs a picture of Augusto Pinochet as calculating his ascent ... should be aware that Burbach allows his political views to pervade his analysis. In the preface and introduction his reverential attitude toward Salvador Allende becomes apparent and appears to compromise

Energy Security as a Priority for CEE countries. Is the King Naked?

context, because it is connected to deep interdependencies between markets and economies, often based on political or even geo-political considerations. This is currently particularly noticeable, among ... , geo-political considerations correlated with security and defence policy, other political risk factors, economic risk factors and energy poverty, as well as technological and environmental risk factors

Crushed by an Anvil: A Case Study on Responsibility for Human Rights in the Extractive Sector

whether and how to assert jurisdiction within a given avenue. It concludes that the incoherence of a fragmented, ad hoc system, and the central importance of political will in invoking a given avenue ... , pilferers, uncooperative landholders or insurgents. Many extractive operations are conducted in conflict zones or areas of political instability, given that the option of moving to a more stable operating