In the aftermath of conflict and gross human rights violations, victims have a right to
know what happened to their loved ones. Such a right is compromised if mass graves are not
adequately protected to preserve evidence, facilitate identification and repatriation of
the dead and enable a full and effective investigation to be conducted. Despite guidelines
for investigations of the missing, and legal obligations under international law, it is
not expressly clear how these mass graves are best legally protected and by whom. This
article asks why, to date, there are no unified mass-grave protection guidelines that
could serve as a model for states, authorities or international bodies when faced with
gross human rights violations or armed conflicts resulting in mass graves. The paper
suggests a practical agenda for working towards a more comprehensive set of legal
guidelines to protect mass graves.
The Asian financial crisis of 1997-98 shook the foundations of the global economy and what began as a localised currency crisis soon engulfed the entire Asian region. This book explores what went wrong and how did the Asian economies long considered 'miracles' respond, among other things. The combined effects of growing unemployment, rising inflation, and the absence of a meaningful social safety-net system, pushed large numbers of displaced workers and their families into poverty. Resolving Thailand's notorious non-performing loans problem will depend on the fortunes of the country's real economy, and on the success of Thai Asset Management Corporation (TAMC). Under International Monetary Fund's (IMF) oversight, the Indonesian government has also taken steps to deal with the massive debt problem. After Indonesian Debt Restructuring Agency's (INDRA) failure, the Indonesian government passed the Company Bankruptcy and Debt Restructuring and/or Rehabilitation Act to facilitate reorganization of illiquid, but financially viable companies. Economic reforms in Korea were started by Kim Dae-Jung. the partial convertibility of the Renminbi (RMB), not being heavy burdened with short-term debt liabilities, and rapid foreign trade explains China's remarkable immunity to the "Asian flu". The proposed sovereign debt restructuring mechanism (SDRM) (modeled on corporate bankruptcy law) would allow countries to seek legal protection from creditors that stand in the way of restructuring, and in exchange debtors would have to negotiate with their creditors in good faith.
Given the significant similarities and differences between the welfare states of Northern Europe and their reactions to the perceived 'refugee crisis' of 2015, the book focuses primarily on the three main cases of Denmark, Sweden and Germany. Placed in a wider Northern European context – and illustrated by those chapters that also discuss refugee experiences in Norway and the UK – the Danish, Swedish and German cases are the largest case studies of this edited volume. Thus, the book contributes to debates on the governance of non-citizens and the meaning of displacement, mobility and seeking asylum by providing interdisciplinary analyses of a largely overlooked region of the world, with two specific aims. First, we scrutinize the construction of the 2015 crisis as a response to the large influx of refugees, paying particular attention to the disciplinary discourses and bureaucratic structures that are associated with it. Second, we investigate refugees’ encounters with these bureaucratic structures and consider how these encounters shape hopes for building a new life after displacement. This allows us to show that the mobility of specific segments of the world’s population continues to be seen as a threat and a risk that has to be governed and controlled. Focusing on the Northern European context, our volume interrogates emerging policies and discourses as well as the lived experiences of bureaucratization from the perspective of individuals who find themselves the very objects of bureaucracies.
The book explores the relationship between violence against women on one hand,
and the rights to health and reproductive health on the other. It argues that
violation of the right to health is a consequence of violence, and that (state)
health policies might be a cause of – or create the conditions for – violence
against women. It significantly contributes to feminist and international human
rights legal scholarship by conceptualising a new ground-breaking idea, violence
against women’s health (VAWH), using the Hippocratic paradigm as the backbone of
the analysis. The two dimensions of violence at the core of the book – the
horizontal, ‘interpersonal’ dimension and the vertical ‘state policies’
dimension – are investigated through around 70 decisions of domestic, regional
and international judicial or quasi-judicial bodies (the anamnesis). The concept
of VAWH, drawn from the anamnesis, enriches the traditional concept of violence
against women with a human rights-based approach to autonomy and a reflection on
the pervasiveness of patterns of discrimination (diagnosis). VAWH as theorised
in the book allows the reconceptualisation of states’ obligations in an
innovative way, by identifying for both dimensions obligations of result, due
diligence obligations, and obligations to progressively take steps (treatment).
The book eventually asks whether it is not international law itself that is the
ultimate cause of VAWH (prognosis).
relationships ‘between’ them. While much of genocide jurisprudence
and theory endorses the idea that genocide harms a previously
existing people or community, there is no consensus as to what
actually constitutes a group as such (and by extension, for some
accounts, of those groups that ‘count’ as eligible for legalprotection) (see ICTY 2004: §50, ‘Partially Dissenting Opinion of
development of more
precise concepts in vaccinology … drive separate national systems towards
similarity in their respective approaches’. 51 The growing involvement of the EU in public
health, and subsequent moves toward a European procurement system, are clearly
in line with the views of European manufacturers.
By the mid-1990s it was starting to seem that further legalprotection was required if the Institute's tasks were to remain a state
Scheduled Castes (SC) and Scheduled Tribes (ST) refer to the official list of caste and
tribe schedules attached to legislations. These lists establish entitlement to benefits of
legalprotection, access to welfare schemes, especially for scheduled castes, of reserved
seats in higher education, and in the legislature (both parliament and state assemblies)
and institutions of local self-governance, of reserved jobs in government employment
and special financial assistance for enterprise. These terms are also used in the Constitution and in various laws.
3 One girl, when
research all together
from fear of one of these applications. In order to maintain the trust not
only of donors, but also of the general public, transparency around the
embryo research that is being performed is important. Information on how
many embryos are used for which kind of projects and what the outcomes
of the research are, should therefore be made public.
1 Article 6(2)(c) of the EU’s Directive 98/44 (Directive on the legalprotection of
biotechnological inventions) states that ‘uses of human embryos for industrial
or commercial purposes’ are unpatentable
fertilization techniques’.147 This was partly due to the fact
that it touched on difficult questions about life before birth, including when in development embryos began to deserve legalprotection. But as Warnock was finding, it also stemmed from the fact that
supporters and opponents of research both mobilised equally valid
but incompatible claims to support their case.
As the Daily Telegraph outlined in 1983, the Warnock committee faced an ‘ethical log jam of conflicting evidence’ when they
came to consider embryo research.148 They heard strong support
from the Royal
THE AMSTERDAM TREATY
This was agreed in 2000 by all EU members. It asserts a minimum standard of
legalprotection for all ethnic minorities. When the Article became compulsory
in 2003 ethnic minorities throughout the European Union were offered the
The British government take the view that the law in the UK already conforms
to Article 13 in most respects, but there may have to be some toughening up
of the regulations on policing and the conduct of trials where race is an issue.
The additional measures are due to be announced later in 2002.