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The Japanese Legal System and the Pro Homine Principle in Human Rights Treaties
The objective and purpose of international human rights is the protection of the human person. Individuals are the primary concern and addressees of human rights norms and principles. Accordingly, all human rights instruments seek the best possible protection for the human person. This theory, which underpins the entire human ri.. Read More
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Adverse Possession in the State of Florida: Statutory Analysis and Considerations
It is a fact that title to land may be acquired by holding it adversely to its true owner for a certain period of time. This is known as “Adverse possession.” Adverse possession is a highly controversial practice that the law provides a pathway for, and when it occurs, individuals’ rights, specifically property.. Read More
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Introducing the Practice of Breast Ironing as a Human Rights Issue in Cameroon
Breast ironing is a form of violence that takes place in certain regions of Cameroon. It is a violent practice which is forced upon young girls who have just entered puberty, and is mostly performed by mothers on their daughters. It is one of the most widespread and systematic violations of the universal human rights to personal.. Read More
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Private Defence: A Look at Definitional Aspects and Burden of Proof
This paper examines the contemporary definitional elements of “reasonable apprehension” and the role executed by the Supreme Court of India while exercising its criminal jurisdiction in matters concerning private defence of the body under the criminal laws of India. While looking at the totality of factors, this pape.. Read More
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Hubris and the Financial Sector: Making a Possible Case for Ubuntu
Global financial sector scandals have presented an opportunity for an examination of what is going wrong in the industry. Regulators have responded through structural and legislative changes that are aimed at arresting the highly criticised corporate culture. This article argues that while such measures are commendable, they are.. Read More
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The legal-family situation of female Moroccan immigrants in cannot be treated mechanically; rather, cultural aspects must also be taken into consideration. To this end the solutions offered under Private International Law linked to immigration must respect “cultural identity” and also “cultural diversity”.. Read More
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A Constitutional Approach to Contemporary Political Violence
The occurrence of political violence today stems much from intra-social conflicts, as e.g. rebels and jihadists challenge peace and political stability in several countries. When rebels and jihadists join forces or in addition fight each other, anarchy is likely to occur. Countries that have fallen into the Hobbesian predicament.. Read More
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Company Restructuring Pursuant to German Insolvency Law
Coming into force on 1 March 2012, the German Act on the Further Facilitation of the Restructuring of Companies (Gesetz zur weiteren Erleichterung der Sanierung von Unternehmen), in particular in conjunction with the insolvency plan and through what is known as self-administration, serves to align German insolvency law more clos.. Read More
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People Do Not Just Snap: Watching the Electronic Trails of Potential Murderers
The author argues that the international community should continue working together to devise rules for monitoring specific Internet sites, as human lives are at stake. Preemptive measures could prevent the translation of murderous thoughts into murderous actions. Designated monitoring mechanisms for certain websites that promot.. Read More
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French jurist and philosopher Alexis de Tocqueville once declared that trial by jury is the instrument of the sovereignty of people and contributes to insure the best administration of justice in the government. However, the U.S. Government has never created an effective civic investigative institution to directly check and moni.. Read More
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Digital Forensic Issues in Civil Proceedings
Digital Forensics is an emerging field that has quickly become a key source of evidence in criminal and civil cases. While digital forensics has been challenging to incorporate into both criminal and civil cases, the environment of civil cases does not have the structure of the law enforcement processes to serve as a framework f.. Read More
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A Sub-Cultural Mitigation Defense: Explaining Behaviors Scripted From Ideas
In this paper, I examine the role of a sociologist as a mitigation expert in two cases of violent crime. Both cases used a subculture of violence defense. Case I involved a young black male defendant and a white victim who wasan on-duty police officer. In Case II both victim and defendant were young black males. What makes these.. Read More
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Precautionary Principle: Case Law in Colombia
This article reflects on an approach to the scope of the right to environment in Colombian constitutional jurisprudence and it focuses specifically on the precautionary principle as hermeneutical criterion used by the jurisprudence of the Constitutional Court to determine the need for intervention by public authorities, to poten.. Read More
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This article considers the legal issues of food security as a major component of national security of the republic. The problem of food security is the top priority of the economic policy strategy of any state, the effectiveness of this solution influences social, political, and ethnic stability in society. Food security and nut.. Read More
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This work deals with issues that arise from some of the provisions of the Italian Law 85/2009, particularly regarding children inclusion in the Italian national Forensic DNA database, that can be considered as an example of legislation which is not “proportionate” to the legitimate aim to protect minors in a context .. Read More
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The Notion and Legal Space of Exercising the Right to Ownership
The aim of this article is to address the institute of the right to ownership, as a basic legal category, but also as one of the fundamental human rights that is regulated and guaranteed by a host of international legal instruments and documents. Following a brief historical overview, the article highlights the concept, legal na.. Read More
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This work explores empirical and theoretical perspectives on land acquisition for the protection of environment accompanied by rehabilitation of the evicted community. Land acquisition followed by resettlement of affected fishermen community apparently had an overall good impact on the evicted population. The work reveals that r.. Read More
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The Maritime Labour Convention 2006 (MLC) was drafted under the auspice of the International Labour Organisation (ILO). Pursuant to Article VIII (3), the Convention should come into force within a year after the ratification by the thirtieth State and when the total share of the gross tonnage of ships reaches thirty-three per ce.. Read More
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Stories are central to law. Yet narrative analysis, the key analytical technique in the social sciences for analysing stories, is largely unknown in legal scholarship. This article investigates the central tenets of narrative analysis as a social scientific research method. It goes on to explore its possibilities and pitfalls fo.. Read More
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The eminent English judge and jurist Sir James Fitzjames Stephen once famously said that it was desirable that criminals should be hated, and that the punishments inflicted on them should be contrived so as to give expression to that hatred, and to justify it in so far as the public provision of means for expressing and gratifyi.. Read More
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