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1
Duhaime, Bernard. "Women's Rights in Recent Inter-American Human Rights Jurisprudence." Proceedings of the ASIL Annual Meeting 111 (2017): 258–60. http://dx.doi.org/10.1017/amp.2017.38.
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While certain aspects of women's rights had been addressed in earlier OAS instruments and more generally in the American Declaration on the Rights and Duties of Man and in the American Convention on Human Rights, many consider that the issue of women's rights was first incorporated in the normative corpus of the Inter-American Human Rights System (IAHRS) with the 1994 adoption of the Belém do Pará Convention on the Prevention, Punishment, and Eradication of Violence Against Women. This treaty obliges states to prevent, punish, and eradicate violence against women, taking special account of vulnerabilities due to race, ethnic background, migrant status, age, pregnancy, socioeconomic situation, etc. It defines the concept of violence against women and forces states to ensure that women live free of violence in the public and private sphere. It also grants the Commission and the Court the ability to process individual complaints regarding alleged violations of the treaty. Since 1994, the Commission has also established a Rapporteurship on the rights of women, which assists the IACHR in its thematic or country reports and visits, as well as in the processing of women's rights–related petitions. In recent years, the jurisprudence of the Commission and the Court has addressed several fundamental issues related to women's rights, in particular regarding violence against women, women's right to equality, and reproductive health.
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Roggeband, Conny. "Ending Violence against Women in Latin America: Feminist Norm Setting in a Multilevel Context." Politics & Gender 12, no. 01 (2016): 143–67. http://dx.doi.org/10.1017/s1743923x15000604.
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Latin American feminists brought up the issue of violence in the 1970s under military rule or situations of armed conflict. These contexts made feminists specifically concerned with state violence against women. Women's organizations pointed to torture and rape of political prisoners and the use of rape as a weapon of war and connected these forms of violence to deeper societal patterns of subordination and violence against women in both the private and public spheres. Processes of democratization in the region brought new opportunities to institutionalize norms to end violence against women (VAW), and in many countries feminists managed to get the issue on the political agenda. In the mid 1990s, the region pioneered international legislation on VAW that uniquely included state-sponsored violence. The Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (1994) established an international obligation for states to prevent, investigate, and punish VAW regardless of whether it takes place in the home, the community, or in the public sphere. While Latin American governments massively ratified this convention, national legislation was not brought in line with the broad scope of the international convention. This points to the complex and often contradictory dynamics of institutionalizing norms to oppose VAW in multilevel settings.
3
Kelliher, Marybeth. "Terrorism. Industry prevention and the Chemical Weapons Convention." Pure and Applied Chemistry 74, no. 12 (2002): 2277–80. http://dx.doi.org/10.1351/pac200274122277.
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The 11 September 2001 terrorist attacks introduced the United States to domestic and complex terrorism. According to terrorism experts, public and private sector targets are indistinguishable to the perpetrators of this evolved form of terrorism. The global chemical industry’s counteroffensive against international terrorism depends in part on implementation of the Chemicals Weapons Convention (CWC), long supported by the American Chemistry Council (ACC) and its sister associations in the International Council of Chemical Associations (ICCA). This paper describes the U.S. chemical industry’s response to September 11th and how adherence to the letter and spirit of the CWC helps prevent terrorism.
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Pit, H. M. "Arbitration under the OECD Model Convention: Follow-up under Double Tax Conventions: An Evaluation." Intertax 42, Issue 6/7 (2014): 445–69. http://dx.doi.org/10.54648/taxi2014043.
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On 18 July 2008, the OECD Council adopted amendments to the OECD Model Convention, by which inter alia the mutual agreement procedure of Article 25 was supplemented with an arbitration clause. This clause provides for a mandatory arbitration procedure if contracting states fail to reach a mutual agreement within a two-year period if the taxpayer request so. Subsequent to this arbitration clause, the OECD also developed procedural rules that states can use during the arbitration procedure. This article evaluates whether, almost six years after its adoption, the OECD arbitration clause has been included in double tax conventions concerning the prevention of double taxation. This article also evaluates to what extent the procedural rules provided for by the OECD are adopted.
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Krook, Mona Lena. "Violence against Women in Politics: A Rising Global Trend." Politics & Gender 14, no. 4 (2018): 673–75. http://dx.doi.org/10.1017/s1743923x18000582.
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Recent years have witnessed a troubling rise in reports of assault, intimidation, and abuse directed at politically active women. The United Nations General Assembly first called for zero tolerance for violence against female candidates and elected officials in Resolution 66/130 in 2011. In 2012, Bolivia became the first country in the world to criminalize political violence and harassment against women, in response to a more than decade-long campaign by locally elected women to document the numerous injuries and abuses they confronted. Resonating across the region, this development led the states-parties to the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women to endorse a Declaration on Political Violence and Harassment against Women in 2015.
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Tanja, Gerard J. "Recent Developments Concerning the Law for the Protection of Cultural Property in the Event of Armed Conflict." Leiden Journal of International Law 7, no. 1 (1994): 115–25. http://dx.doi.org/10.1017/s0922156500002855.
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On May 14, 1954 the Inter-governmental Conference on the Protection of Cultural Property in the Event of Armed Conflict which convened in The Hague, managed to adopt the text of the Convention for the Protection of Cultural Property in the Event of Armed Conflict (1954 Hague Convention). Apart from the Convention as such, the Regulations for the Execution of the Convention, a Protocol directed towards the prevention of the exportation of cultural property from occupied territories during armed conflicts, and three Resolutions were adopted.
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Menzhul, M. "The principle of prohibition of violence in the family: implementation of European and international standards in the conditions of martial law in Ukraine." Analytical and Comparative Jurisprudence, no. 1 (May 29, 2023): 591–94. http://dx.doi.org/10.24144/2788-6018.2023.01.103.
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The article carries out a systematic analysis of the principle of prohibition of family violence in terms of the implementation of European and international standards in the conditions of martial law in Ukraine. The essence of the principle of prohibition of violence in the family is analyzed, taking into account the provisions of the UN Declaration on the Eradication of Violence against Women, the Inter-American Convention on the Prevention, Punishment and Elimination of Violence against Women, the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa, adopted in Maputo ( Mozambique) on July 11, 2003 and the Istanbul Convention. The provisions of the EU Strategy on gender equality for 2020-2025 have been studied. Attention was drawn to the need to implement comprehensive measures to prevent and combat gender-based violence. Particular attention is paid to the Directive on combating violence against women and domestic violence, proposed for adoption in 2022.
 The consequences of last year's ratification by Ukraine of the Convention of the Council of Europe on the prevention of violence against women and domestic violence and the fight against these phenomena have been established with significant caveats.
 The practice of implementing obligations to implement the mechanism for the prevention of domestic violence has been clarified, including through the analysis of the activities of various services in Ukraine, as well as national and regional statistics on domestic violence.
 It is substantiated that Ukraine is not responsible for the perpetration of domestic violence in the occupied and non-controlled territories. At the same time, it is responsible for the effectiveness of the principle of combating domestic violence in conditions of war in controlled territories. In view of the statistical data, the deterioration of the situation, taking into account the need to implement European approaches, it is proposed to make changes to the Law "On Prevention and Combating Domestic Violence" and to provide for such a form of modern violence as cyber violence and establish responsibility for it.
8
Korey, William. "The United States and the Genocide Convention: Leading Advocate and Leading Obstacle." Ethics & International Affairs 11 (March 1997): 271–90. http://dx.doi.org/10.1111/j.1747-7093.1997.tb00032.x.
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While the United States is now an international leader in the fight against genocide and human rights abuses, it only recently ratified the Convention on the Prevention and Punishment of the Crime of Genocide– forty years after the convention's unanimous adoption by the UN General Assembly. Korey provides a description of the long struggle for ratification of the Genocide Convention, detailing decades of work by a committee of fifty-two nongovernmental organizations lobbying the Senate and the American Bar Association, the treaty's key opponent. Despite the public support for the United Nations and human rights by the United States, failure to ratify the Genocide Convention stemmed primarily from the fear that international covenants were threats to U.S. sovereignty. The United States finally overcame this fear with the ratification of the Genocide Convention in 1988, which opened the door for U.S. leadership.
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Carstens, Margret. "“Lhaka Honhat Association v. Argentina”: Landmark decision on direct justiciability of Article 26 ACHR and the autonomous right to a healthy environment." Verfassung in Recht und Übersee 53, no. 4 (2020): 492–506. http://dx.doi.org/10.5771/0506-7286-2020-4-492.
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The Inter-American Court of Human Rights (IACtHR), after 28 years of conflict with the Argentine state, finally ruled in favor of the rights of the indigenous communities of Salta, Argentina. The Court condemned Argentina for violating the right of these indigenous communities to their cultural identity, a healthy environment, and adequate food and water. The Court ordered specific action in Argentina for the restitution of those rights, including urgently needed access to food and water, reforestation and the recovery of indigenous culture. Lhaka Honhat is a landmark judgment for the IACtHR sets a precedent concerning the direct justiciability of Article 26 of the American Convention on Human Rights (ACHR). This is the first ruling by this Court to independently analyze the human right to a healthy environment. “Lhaka Honhat” establishes clearer rules for State actions concerning the principle of prevention of environmental damage caused by private individuals and establishes guidelines for restitution and compensation for the violation of indigenous (collective) rights when their natural resources are affected. A more comprehensive reading of the scope of protection under Article 26 in future court cases is likely.
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Stein, Jill. "The Prevention of Child Statelessness at Birth: The uncrc Committee’s Role and Potential." International Journal of Children’s Rights 24, no. 3 (2016): 599–623. http://dx.doi.org/10.1163/15718182-02403005.
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This article focuses on the role and potential of the un Committee on the Rights of the Child with regard to the prevention of statelessness at birth by looking to what extent this topic has been addressed and how this can be improved. It discusses what obligations follow from the Convention on the Rights of the Child (crc) with regard to the prevention of statelessness, such as the right to acquire a nationality and birth registration (article 7, crc). In addition, its monitoring framework is assessed, inter alia, by analysing 419 Concluding Observations of the crc Committee. On the basis of identified gaps, it provides several recommendations, including a designed new general comment.
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Grigaitytė, Ugnė, and Miglė Mackevičiūtė. "Nusikaltimai virtualioje erdvėje – šiuolaikiniai Iššūkiai ir prevencijos galimybės." Vilnius University Open Series, no. 4 (November 16, 2020): 274–94. http://dx.doi.org/10.15388/os.tmp.2020.13.
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The article presents an analysis of the virtual crimes, its problematic aspects, inter alia, prevention opportunities. Discussing types of virtual crimes, content aspects in the context of nowadays challenges, illegal acts’ measures. Regulatory reviews at national, European Union and international level, considered by the competent intitutions, as well as case law. Convention on cybercrime, adopted in 2001, extensively covering and legally regulating crimes, commited through virtual space, a comparison with Lithuanian legislation, including criminal code. The work emphasizes latency of cybercrimes likewise the damages comparing with ordinary crimes.
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Bisset, Alison. "And then Two Came Along at Once: Inter-State Cooperation on Core Crimes, the ilc and the Group of Core States." International Criminal Law Review 20, no. 3 (2020): 551–86. http://dx.doi.org/10.1163/15718123-02003001.
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Despite their fundamental importance in the effective prosecution of international crimes, inter-state judicial cooperation regimes have long been overlooked. However, two new initiatives have recently emerged. The first is the International Law Commission’s Draft Articles on Crimes against Humanity (Draft Articles), which aims to create a global convention on prevention, punishment and inter-State cooperation with respect to crimes against humanity. The second initiative, the Mutual Legal Assistance Treaty for core crimes (mla Treaty), is wider in scope. It encompasses genocide, war crimes and crimes against humanity and seeks the conclusion of a multilateral cooperation treaty to enable the effective provision of mutual legal assistance and extradition of suspects in relation to these crimes. The aim of this article is to critically assess the merits and shortcomings of these two initiatives in the effort to enhance inter-state cooperation in the prosecution of international crimes and their abilities to remedy current problems.
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Marcinko, Marcin. "The Evolution of UN Anti-Terrorist Conventions towards the Universal Treaty-Based Model of Combating Terrorism." Groningen Journal of International Law 6, no. 1 (2018): 59. http://dx.doi.org/10.21827/5b51d53791adf.
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Adopted in Montreal in 2014, the Protocol to Amend the Convention on Offences and Certain Other Acts Committed on Board Aircraft is the nineteenth international legal instrument in the acquis of the United Nations (‘UN’) and its related organisations devoted to prevention and suppression of terrorism. Considering the first of such instruments – the Tokyo Convention on Offences and Certain Other Acts Committed on Board Aircraft (‘the Tokyo Convention’) – was adopted in 1963, it may be assumed that throughout the period of 55 years the UN has succeeded in solving the specific model of combating international terrorism. Although the existing and binding international conventions on suppression of terrorism do not form a uniform group and differ in terms of material scope of offences described therein, it is still possible to indicate one significant feature common to all conventions, and that is a set of legal measures and remedies available at the international level which guarantee an effective fight against terrorism. The above-mentioned set of regulatory measures – including, inter alia, jurisdictional clauses – constitutes a consistent collection of rules to be applied in cases of the majority of terrorist activities. The aforesaid model is based on the principle of aut dedere aut judicare supplemented with a rational control of extradition and jurisdictional issues. This model is also enriched with rules concerning other forms of co-operation such as mutual legal assistance, exchange of information and preventive measures. The rationale for the above-referred measures is to ensure that perpetrators of specific international terrorist offences shall be prosecuted regardless of their place of residence or motives that triggered such action. International anti-terrorist conventions adopted under auspices of the UN help to achieve this goal, confronting the internationalisation of terrorism with internationalisation of means and methods of combating this dangerous phenomenon.
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Krakowski, Rafał. "Technical and Ecological Analysis of Different Solutions of the Power Supply of a Marine Diesel Engine." Journal of KONES 26, no. 4 (2019): 127–34. http://dx.doi.org/10.2478/kones-2019-0099.
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AbstractThe article contains provisions on the prevention of sea pollution by ships, including, inter alia, the International Convention for the Prevention of Pollution from Ships, developed in 1973 (MARPOL). The convention aims to protect the marine environment from oil and its derivatives. Special areas, where extraordinary measures have been taken to prevent sea pollution, due to the intensity of ship traffic and the greater threat of damage to the marine environment have also been presented. In the further part of the article, the applicability of various pro-ecological solutions, i.e. the use of catalysts, low-sulphur fuels, and in the case of using residual fuels – exhaust gas scrubbers were described. In the main part of the article, a technical and ecological analysis was made. In addition, difficulties resulting from the use of pro-ecological solutions were described. The costs of using low-sulphur fuel meeting the emission standards, installing the scrubber and modification of the natural gas combustion unit were compared with the assumption of ten years of passenger-car ferry sailing. Then the problems that individual solutions create were shown. In the final part of the article, alternatives to those described, i.e. the liquefied natural gas (LNG) power supply, electric and hydrogen drives were presented.
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Nikonova, Tatiana Vasil'evna. "ADA Congress 2015 in Boston (USA) - an overview of the main topics." Diabetes mellitus 18, no. 3 (2015): 110–13. http://dx.doi.org/10.14341/dm20153110-113.
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From July 5 to July 9, 2015 in Convention Center in Boston (USA) there took place anniversary 75th session of the annual congress of the American Diabetic Association (ADA). The congress united more than 14000 participants from 124 countries. Programs of scientific sessions of the congress included the most topical issues of diabetology: modern approaches to diagnostics, prevention and treatment of DM and its complications, the results of the international researches of anti-diabetic preparations, problems connected with diabetes 2 types and obesity and many others.
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Nissen, Aleydis. "State Prevention Targeting Persons Attracted to Minors in Europe." St Andrews Law Journal 3, no. 1 (2023): 38–58. http://dx.doi.org/10.15664/stalj.v3i1.2647.
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More than a decade ago, innovative legal obligations were created in Europe to provide persons who fear that they might commit child sexual offences with access, where appropriate, to effective intervention programmes or measures designed to evaluate and prevent the risk of such offences. These supranational obligations were included in Article 7 of the Council of Europe’s Lanzarote Convention (2010) and the near-identical Article 22 of the European Union’s Directive 2011/93 (2011). These provisions have the potential to prevent damaging children’s health, to help persons attracted to minors to lead more productive and fulfilling lives, and to save society substantial resources. The European Commission noted, however, in 2020 that out of all of the state action that needs to be undertaken to implement Directive 2011/93, the least progress has to date been made in relation to prevention programmes for persons attracted to minors who fear that they might offend or have offended. This article aims to review the supranational obligations and their implementation. It finds that the stigma around pedophilia hampers progress at individual, inter-personal, and structural levels. There is room for improvement in the cooperation between the European Union and the Council of Europe. In addition, specific programmes and measures for specific target groups, such as women or people with disabilities, are identified as a blind spot.
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DORUL, Olga, and Fredolin LECARI. "Milestones of international cooperation in preventing and countering illicit drug trafficking." BULLETIN of L.N. Gumilyov Eurasian National University Law Series 142, no. 1 (2023): 202–10. http://dx.doi.org/10.32523/2616-6844-2023-142-1-202-210.
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Drug trafficking is considered by contemporary academics to be one of the most widespread forms of organized transnational crime. The unstable regional political situation, corruption, armed conflicts, poverty, and other factors are recognized as contributing to the expansion of this phenomenon. The United Nations has aimed to channel state cooperation in eradicating the drug scourge. Among the most effective tools in this regard are the creation of the United Nations Office on Drugs and Crime and the adoption on 15 November 2000 of the United Nations Convention against Transnational Organized Crime. In this article, we aim to analyze the forms of inter-state cooperation in the prevention and combating of illicit drug trafficking and their impact on the phenomenon under investigation; also, we will analyze the legal nature of drug trafficking as an act that infringes on the interests of the modern international community.
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Schabas, William A. "Developments in the law of genocide." Yearbook of International Humanitarian Law 5 (December 2002): 131–65. http://dx.doi.org/10.1017/s1389135900001069.
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Probably more has happened in the past five years to the Convention for the Prevention and Punishment of the Crime of Genocide than in the previous 50, that is, in the half-century following its adoption by the United Nations General Assembly on 9 December 1948.Indeed, for the first five decades of its existence, the Convention was largely ignored by lawyers, viewed by most of them — as Georg Schwar-zenberger famously remarked — to be ‘unnecessary when applicable and inapplicable when necessary’. Over the years there had been attempts to apply the ‘g-word’ to a wide range of atrocities and gross violations of human rights, including those of China in Tibet, of Iraq against the Kurds, of the United States in Vietnam as well as towards its African-American and aboriginal populations, of Pakistan in Bangladesh, the Khmer Rouge in Cambodia, and Israel in Lebanon. But in each of these cases, some interpretative flair was required in order to stretch the definition to fit the crimes, and the efforts were not always very convincing. In 1990 scholars Frank Chalk and Kurt Jonassohn wrote that ‘the wording of the Convention is so restrictive that not one of the genocidal killings committed since its adoption is covered by it’.
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Turner, Ian. "Limits to Terror Speech in the UK and USA: Balancing Freedom of Expression with National Security." Amicus Curiae 1, no. 2 (2020): 201–32. http://dx.doi.org/10.14296/ac.v1i2.5130.
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Article 10(1) of the European Convention on Human Rights, freedom of expression, is incorporated into UK law. With the growing Islamist terror threat after 9/11, particularly threatening European security, the Council of Europe introduced the Convention on the Prevention of Terrorism (CPT) 2005. One of the Articles within the Convention, Article 5, obliges states to outlaw ‘public provocation to commit a terrorist offence’. Drawing on its obligations in the CPT, the UK enacted section 1 of the Terrorism Act 2006: ‘encouragement of terrorism’. But, in implementing its duties, the UK went further. There are very real concerns, therefore, about the effects of this legislation on freedom of expression. The test for interpreting breaches of Article 10 is ‘proportionality’. Comparatively, in America there is a much stronger test than proportionality, ‘strict scrutiny’, in assessing limits to terror speech. However, in the age of Islamism, together with the speed, ease and little cost incurred in sharing terror speech online, should there not be a reappraisal of American law? The author is based in the UK. But the UK’s approach to limiting terror speech is arguably too intrusive of freedom of expression. This paper, therefore, proposes a compromise approach between the two jurisdictions.
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Kukulski, Ziemowit. "The Brazil-Poland Double Tax Convention in the Context of the Countries’ Contemporary Tax Treaty Policy and Practice." Kwartalnik Prawa Podatkowego, no. 4 (December 30, 2023): 31–58. http://dx.doi.org/10.18778/1509-877x.2023.04.02.
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This paper deals with the Brazil-Poland double tax convention for the elimination of double taxation with respect to taxes on income and the prevention of tax evasion and avoidance, signed on 20th September, 2022, in the context of contemporary Brazil’s and Poland’s tax treaty policy and practice. The Author analyses its main features in comparison to Brazil’s and Poland’s positions to the MLI and changes introduced to the OECD and UN Models in 2017. Tax treaty provisions relevant to both countries’ tax treaty policies and practices are also examined. The study concentrates around the research question whether the BR-PL DTC fits into the countries’ contemporary tax treaty policy and practice or whether it is a unique bilateral tax treaty with specific features creating a sui generis pattern for tax treaties: for Brazil – with other OECD Member States and for Poland – with other South American states.
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Ibarra Melo, María Eugenia, and María Alejandra García Otero. "La violencia contra las mujeres: un asunto público." La Manzana de la Discordia 7, no. 2 (2016): 23. http://dx.doi.org/10.25100/lamanzanadeladiscordia.v7i2.1560.
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Resumen: El siguiente artículo es un recuento histórico-sociológico del proceso de intervención estatal enla prevención, atención y erradicación de las violenciasque sufren las mujeres en Colombia, desde la aceptaciónde la Convención interamericana para prevenir, sancionary erradicar la violencia contra la mujer, “Belem DoPará”, en el año 1995 hasta 2010, cuando el Ministeriode Defensa se promulga una política pública que incluyecomo eje rector la violencia de género. Para cumplircon este objetivo se revisaron la normatividad jurídica,políticas públicas nacionales, informes de organizacionesde mujeres, convenciones e informes de instanciasinternacionales. La metodología empleada, debido a lasfuentes y al enfoque del estudio, se basa en el análisisdocumental desde los planteamientos de la sociologíajurídica contemporánea. Teóricamente nos apoyamosen la perspectiva constructivista, histórica y sociológica,recurriendo a las teorías de género, la propuesta dela historia de larga duración de Fernand Braudel y lanoción de campo social del sociólogo Pierre Bourdieu.Palabras claves: Violencia contra las mujeres, asuntopúblico, intervención estatal.Violence against Women: A Public MatterAbstract: This article is a historico-sociological accountof the process of state intervention from 1995 to2010 in the prevention, attention to and eradication ofviolence suffered by women in Colombia, since the Inter-American Convention (Belem do Pará) to prevent, punishand eradicate violence against women was ratified,when the Ministry of Defense promulgated a public policy,including gender violence as a an important concern.To fulfill this purpose the judicial norms, national publicpolicies, reports by women’s organizations, conventionsand reports by international agencies were revised.The methodology used, due to the sources and approachused in the study, is based on the analysis of documentsfrom the view point of contemporary judicial sociology.Theoretically we based our analysis on the historical andsociological constructivist perspective, appealing to gendertheory, Fernand Braudel´s proposed long-durationhistory and Pierre Bourdieu´s concept of social field.Key words: violence against women, public matter,State intervention
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Korotkova, Yuliya. "FORMATION OF INTER-CULTURAL COMPETENCE OF FUTURE LAWYERS AT BASIC TRAINING IN HIGHER EDUCATIONAL INSTITUTIONS." Educological discourse, no. 3-4 (2019): 48–60. http://dx.doi.org/10.28925/2312-5829.2019.3-4.4860.
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The article reveals the essence of the concept of "intercultural competence of the future lawyer", which is to be interpreted as an integrative, multileveled, professional personal quality that synthesizes a set of knowledge, skills, attitudes, values, determined by the goals and objectives of intercultural communication on the basis of mutual respect, mutual understanding and mutual enrichment. Intercultural competence is considered as an integral system which consists of certain components, relatively independent, but interrelated and interdependent. These include: communicative, socio-cultural, motivational-value, affective, cognitive ones. It is proved that the formation of intercultural competences of lawyers will promote the application of innovative methods and forms of training (business / role games, debates, discussions, disputes, modellings, simulations, etc.), among which intercultural training is of particular importance. The latter aims at familiarizing its participants with intercultural differences, role-playing the specially created situations of intercultural communication that help students in better understanding of the existing cultural differences, and to teach them to build their relationships with representatives of other cultural environments on the basis of tolerance. In this regard, it will be efficient to organize and conduct such trainings as: "Convention on the Protection of Human Rights and Fundamental Freedoms", "Communication in the work of a lawyer"; "Working with vulnerable groups of clients of the system of free legal aid"; "My professional development"; "International humanitarian law", "All are equal – all are united", etc. Also important are intercultural workshops aimed at cultivating tolerance, for example, "Tolerance. Prevention of xenophobia", "Intercultural communication and ethnic stereotypes", etc.
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Skiba, Andrey, and Natalia Maloletkinа. "Prevention of Offences Committed by Convicted Prisoners of War: Problems of International Law, Penitentiary and Other Legal Regulation." Russian Journal of Criminology 16, no. 4 (2022): 522–28. http://dx.doi.org/10.17150/2500-4255.2022.16(4).522-528.
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The goal of the article is to prove the necessity of forming in Russia a legal basis for a complex correctional-preventive influence on convicted prisoners of war due to their higher danger, relevant professional skills, and specific individual characteristics. Focusing the attention of Russian lawmakers on the legal regulation of key means of correcting convicts (definition of the concept of correction, a list of its means and then only a partial description of the contents of some of them) does not result in the creation of an interconnected system aimed at the prevention of penitentiary crimes, malicious violations and other offences committed by convicts. Although the prevention of new offences by convicts is one of the goals of penitentiary legislation, the Penitentiary Code of the Russian Federation does not include the means of achieving it, and the preventive significance of various penological and inter-sectoral institutions used in the context of convicts correction and early release from serving a sentence is not sufficiently described and implemented. The authors conclude that there is no due legal regulation of the treatment of prisoners of war in Russian legislation, including the Federal Constitutional Law «On Martial Law» and the Penitentiary Code of the Russian Federation, and that it is necessary to take into consideration the Geneva Convention relative to the Treatment of Prisoners of War to improve the effectiveness of preventing offences committed by convicted prisoners of war. A number of clauses of the abovementioned international document present interest for the improvement of penitentiary and other Russian legislation, including a prohibition of the repatriation of prisoners of war in cases of a self-inflicted injury, gaining access to spiritual help from a religious organization only if the prisoners behavior is lawful, a possibility of preliminary detention before the imposition of penalty, the use of other measures by the state agencies of the Detaining Power, and well as by other international and national public organizations when convicted prisoners of war are isolated through their internment.
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Nguenha, Nicole, Benedito Cunguara, Stella Bialous, Jeffrey Drope, and Raphael Lencucha. "An Overview of the Policy and Market Landscape of Tobacco Production and Control in Mozambique." International Journal of Environmental Research and Public Health 18, no. 1 (2021): 343. http://dx.doi.org/10.3390/ijerph18010343.
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Background: Tobacco growing has been considered a mainstay of Mozambique’s economy, but there is a dearth of analysis of the tobacco policy landscape in the country. Methods: Review of government and non-government documents and academic papers addressing Mozambique’s tobacco-growing history, the changes in the political economy of tobacco, and health policies addressing tobacco use and prevention of noncommunicable diseases. Results: Despite its tobacco growing and exporting history, the contribution of tobacco to the economy has been in steady decline in the past two decades, including in the areas dedicated to growing. At the same time there has been an increase in multinational control of the tobacco economy. In parallel, Mozambique’s commitment to addressing the growing burden of noncommunicable disease and accession to the Framework Convention on Tobacco Control indicate a potential for internal government tensions to balance immediate economic interests with long term health goals. Conclusions: With the decline in tobacco share of the overall economy, Mozambique may be well-positioned to explore alternative, sustainable livelihoods for farmers that grow tobacco, but it must overcome inter-sectoral barriers and advocate for a whole of government approach to address the health and economic impact of tobacco.
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Jiménez, Luis F. "The Inter-American Convention Against Corruption." Proceedings of the ASIL Annual Meeting 92 (1998): 157–62. http://dx.doi.org/10.1017/s0272503700057803.
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Lazariev, V. V., and I. A. Lohvynenko. "Problems of abuse of law when applying to the European Court of Human Rights." Law and Safety 92, no. 1 (2024): 42–52. http://dx.doi.org/10.32631/pb.2024.1.04.
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The article focuses on the fact that abuse of law is not only an urgent problem of modern legal science, but also one of the most complex and important issues to be addressed. This phenomenon is becoming aggressive and global, negatively affecting the processes of democratisation and consolidation of statehood. The prevalence of cases of abuse of law can slow down the development of society, violating the acquired norms and values. It is important to understand that achieving stability in social relations and their further development is impossible without taking into account the specifics of this legal phenomenon. Abuse of law not only violates the basic principles of law, but also poses a significant threat to the development of the rule of law and the determination of its future course.
 The particularities of the use of the term “abuse” in international law are determined. It is noted that the European Court of Human Rights considers that this concept should be understood in its ordinary meaning, namely, as the fact of exercise of a right by a subject of law outside its intended purpose in a manner which causes prejudicial damage. The author identifies the approaches to understanding the abuse of law which are used by the European Court of Human Rights in its work.
 It is noted that in addition to the Convention for the Protection of Human Rights and Fundamental Freedoms, the provisions defining the basis for preventing abuse of law at the international (supranational) level are also contained in the International Covenant on Civil and Political Rights, the American Convention on Human Rights and the Charter of Fundamental Rights of the European Union.
 The author examines a number of judgments of the European Court of Human Rights in which cases of abuse of law occurred. The author defines the role of the state in cases of abuse of law. The main features inherent in the abuse of law are outlined. Attention is paid to the fact that in addition to the positive components of preventing abuse of law, this activity also has negative consequences.
 The importance of preventing abuse of law is emphasised, subject to the obligatory observance of the principles of fairness, transparency and consideration of individual rights and freedoms of subjects. Ensuring a balance between the protection of rights and prevention of their abuse is an important task for the effective work of the European Court of Human Rights.
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TACH, Cynthia Lourenço, Brigit TOEBES, and Juliana Marteli Fais FERIATO. "OBSTETRIC VIOLENCE: A WOMEN’S HUMAN AND PERSONALITY RIGHTS VIOLATION." Revista Juridica 1, no. 58 (2020): 187. http://dx.doi.org/10.21902/revistajur.2316-753x.v1i58.3841.
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ABSTRACT Objective: The present article is aimed to analyse the phenomenon of obstetric violence as a type of violation of women’s human rights. A great incidence of physical, sexual and psychological offenses against women during pregnancy, childbirth and the puerperium committed by healthcare workers has been documented worldwide. Labelled as ‘obstetric violence’, this offence has been understood as a specific type of human rights violation that hampers women's sexual and reproductive rights and is committed in both public and private healthcare facilities, as well as from poor health system conditions. Nevertheless, obstetric violence is still a poorly understood phenomenon. This article will analyse how obstetric violence has been defined, measured and understood by specialists, by focusing on its concept, formats, and consequences for victims, as well as on the contributing factors that influence its occurrence. Methodology: The applied methodology was the qualitative method through documentary studies, in which primary sources and English, Spanish and Portuguese-language research publications from different fields of study were used, including public health, public international law, and human rights. Results: The paper concludes by suggesting how the international human rights framework can be used to better address obstetric violence. The Convention on the Elimination of all Forms of Discrimination against Women and the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women are key treaties that establish for States Parties the obligation to pursue, by all appropriate means and without delay, a policy of eliminating discrimination and gender-based violence against women, including in the field of health. Contribution: The article has as contribution the exposure a little-known subject about obstetric violence as a type of violation of women's human rights. Keywords: Obstetric violence; abuse and mistreatment in healthcare facilities; women’s human rights violation; the medicalization of the natural process of childbirth. RESUMO Objetivo: O presente artigo tem como objetivo analisar o fenômeno da violência obstétrica como tipo de violação dos direitos humanos da mulher. Vários casos de ofensas físicas, sexuais e psicológicas contra mulheres durante a gravidez, o parto e o puerpério cometidos por profissionais de saúde tem sido documentada em todo o mundo. Intitulada 'violência obstétrica', essa ofensa é entendida como um tipo específico de violação de direitos humanos que prejudica os direitos sexuais e reprodutivos das mulheres e é cometida em unidades de saúde públicas e privadas, bem como devido à condições precárias no sistema de saúde. Contudo, a violência obstétrica ainda é um fenômeno pouco compreendido. Nesse sentido, este artigo analisará como a violência obstétrica é definida, mensurada e compreendida por especialistas, concentrando-se na definição adotadas, nas formas e consequências para as vítimas, bem como nos fatores contribuintes que influenciam a sua ocorrência.Metodologia: A metodologia foi o método qualitativo, através de estudos documentais, nos quais fontes primárias e artigos científicos em inglês, espanhol e português de diferentes áreas de estudo foram utilizados, incluindo saúde pública, direito internacional público e direitos humanos. Resultados: O artigo conclui sugerindo como a estrutura internacional de direitos humanos pode ser utilizada para combater a violência obstétrica. A Convenção sobre a Eliminação de Todas as Formas de Discriminação contra as Mulheres e a Convenção Interamericana para Prevenir, Punir e Erradicar a Violência contra as Mulheres são tratados fundamentais que estabelecem para os Estados Partes a obrigação de buscar, por todos os meios apropriados e sem demora, uma política de eliminação da discriminação e da violência de gênero contra as mulheres, inclusive no campo da saúde. Contribuições: O artigo tem como contribuição a exposição de um assunto pouco conhecido sobre a violência obstétrica como tipo de violação dos direitos humanos da mulher. Palavras-chave: Violência obstétrica; abuso e maus-tratos em estabelecimentos de saúde; violação de direitos humanos das mulheres; medicalização do parto. documented worldwide. Labelled as ‘obstetric violence’, this offence has been understood as a specific type of human rights violation that hampers women's sexual and reproductive rights and is committed in both public and private healthcare facilities, as well as from poor health system conditions. Nevertheless, obstetric violence is still a poorly understood phenomenon. This article will analyse how obstetric violence has been defined, measured and understood by specialists, by focusing on its concept, formats, and consequences for victims, as well as on the contributing factors that influence its occurrence. Methodology: The applied methodology was the qualitative method through documentary studies, in which primary sources and English, Spanish and Portuguese-language research publications from different fields of study were used, including public health, public international law, and human rights. Results: The paper concludes by suggesting how the international human rights framework can be used to better address obstetric violence. The Convention on the Elimination of all Forms of Discrimination against Women and the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women are key treaties that establish for States Parties the obligation to pursue, by all appropriate means and without delay, a policy of eliminating discrimination and gender-based violence against women, including in the field of health. Contribution: The article has as contribution the exposure a little-known subject about obstetric violence as a type of violation of women's human rights. Keywords: Obstetric violence; abuse and mistreatment in healthcare facilities; women’s human rights violation; the medicalization of the natural process of childbirth. RESUMO Objetivo: O presente artigo tem como objetivo analisar o fenômeno da violência obstétrica como tipo de violação dos direitos humanos da mulher. Vários casos de ofensas físicas, sexuais e psicológicas contra mulheres durante a gravidez, o parto e o puerpério cometidos por profissionais de saúde tem sido documentada em todo o mundo. Intitulada 'violência obstétrica', essa ofensa é entendida como um tipo específico de violação de direitos humanos que prejudica os direitos sexuais e reprodutivos das mulheres e é cometida em unidades de saúde públicas e privadas, bem como devido à condições precárias no sistema de saúde. Contudo, a violência obstétrica ainda é um fenômeno pouco compreendido. Nesse sentido, este artigo analisará como a violência obstétrica é definida, mensurada e compreendida por especialistas, concentrando-se na definição adotadas, nas formas e consequências para as vítimas, bem como nos fatores contribuintes que influenciam a sua ocorrência.
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Mac-Gregor, Eduardo Ferrer. "Conventionality Control the New Doctrine of the Inter-American Court of Human Rights." AJIL Unbound 109 (2015): 93–99. http://dx.doi.org/10.1017/s2398772300001240.
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One of the most recent and most effective efforts of the Inter-American Court of Human Rights (Inter-American Court) to increase the level of compliance with the American Convention on Human Rights (ACHR) has been the creation of the “conventionality control” doctrine. The Inter-American Court describes this as a “mechanism for the application of International Law,” mainly “International Human Rights Law, and specifically the American Convention and its sources, including this Court’s jurisprudence.”
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Grüber, Nélida, Sibrahim Gerdler, Josefina Rodriguez, and Joaquín Lira-Olivares. "An Approach to Legal and Technical Norms to Manage Hazardous Materials and Wastes in Latin America." Materials Science Forum 486-487 (June 2005): 277–80. http://dx.doi.org/10.4028/www.scientific.net/msf.486-487.277.
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The Basel Convention (1989) and Rio Summit (1992) were two major instances to tackle with the main issues on Hazardous Waste. The first one is the mechanism to control the illegal traffic of hazardous waste, and to promote an Environmental Sound Management for the overall waste cycle. On the other hand, Rio Summit launched a renewed interest on regulatory environmental instruments for pollution prevention, control and mitigation of environmental damages generated by industrial activities. Among them, one of the major challenges is related to the hazardous waste management. In Latin America, as well as in the rest of the world, the theme has been considered mainly through the environmental regulations, pushing the enterprises to look for different solutions to face the high costs involved in the production processes. In this paper, a comparative assessment was made of the hazardous waste management in four Latin American oil-producing countries. The specific environmental regulations adopted are reviewed, to show the status of present environmental policies and legal measures to promote reuse, recycle, recovering and reduction of hazardous materials and wastes. Coincidential provisions are reported, as well as the differences in the legal approach, which is a clear signal of the efforts made in environmental regulations, trying to control and prevent the pollution generated by industries.
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Bruch, Carol S. "The 1989 Inter-American Convention on Support Obligations." American Journal of Comparative Law 40, no. 4 (1992): 817. http://dx.doi.org/10.2307/840795.
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Caminos, H. "The Inter-American Convention on International Commercial Arbitration." ICSID Review 3, no. 1 (1988): 107–17. http://dx.doi.org/10.1093/icsidreview/3.1.107.
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Ruiz-Chiriboga, Oswaldo. "The Independence of the Inter-American Judge." Law and Practice of International Courts and Tribunals 11, no. 1 (2012): 111–35. http://dx.doi.org/10.1163/157180312x619051.
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Abstract This article describes and analyzes several safeguards of the independence of the Inter-American judge. It concludes that the system enshrined in the American Convention on Human Rights, the Statute of the Inter-American Court of Human Rights and the Court’s practice are not enough to guarantee the appearance of independence of the Court’s judges. The major problem is the process of nomination and election of judges. At both national and international levels the process is not clear, transparent, or accountable. Women and ethnic and cultural groups are underrepresented. Judges’ terms of office and the re-election possibilities should be revised. Lastly, some guidelines should be adopted in order to regulate judges’ outside activities, incompatibilities, and disqualifications. All these issues should by addressed by the Organization of American States, States Parties to the Convention, and the Court itself, and this article gives some recommendations in this respect.
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Kearney, Richard D. "Developments in Private International Law." American Journal of International Law 81, no. 3 (1987): 724–39. http://dx.doi.org/10.2307/2202028.
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To that small band of faithful followers who are devoted to the unification of private international law, October 9 is a day to be commemorated with fetes and galas replete with jest and jollity. On that splendid day in 1986, the Senate of the United States by a vote of 98-0 gave its advice and consent to the ratification of four private law treaties: the 1980 International Sales Convention;the 1980 International Child Abduction Convention;the 1975 Inter-American Convention on International Commercial Arbitration; andthe 1975 Inter-American Convention on Letters Rogatory with Additional Protocol.
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Dulitzky, Ariel E. "An Alternative Approach to the Conventionality Control Doctrine." AJIL Unbound 109 (2015): 100–108. http://dx.doi.org/10.1017/s2398772300001252.
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Judge Eduardo Ferrer Mac-Gregor presents a very clear and concise description of the main contours of the conventionality control theory articulated by the Inter-American Court of Human Rights (“Court,” “Tribunal,” or “Inter-American Court”). So, I will not repeat his masterful explanation, which states, in brief, that the conventionality control requires all State authorities, particularly judges, to apply the American Convention on Human Rights (“the Convention”) as interpreted by the Court.
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Ramirez, Ana Catalina. "SS06-04 A FRAMEWORK FOR ASSESSING OCCUPATIONAL HEALTH SERVICES SYSTEMS." Occupational Medicine 74, Supplement_1 (2024): 0. http://dx.doi.org/10.1093/occmed/kqae023.0075.
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Abstract Introduction The recent changes in world of work (labour mobility, subcontracting, non-standard forms of employment and digitalization) are having a profound impact on the operation of enterprises and on workers’ health by creating new occupational safety and health (OSH) risks or by aggravating existing ones. Adequate access to healthcare and, fundamentally, to prevention services is key to protect workers’ health and anticipate new risks. Materials and Methods Occupational health (OH) services are advisory and support services with preventive functions, as defined by the Occupational Health Services Convention (No. 161). However, only between 10% and 15% of workers have access to some form of OH service. Workers in the informal economy; workers in non-standard forms of employment and micro and small and medium enterprises are among the most affected by the lack of access to these services. Similarly, these groups remain disproportionately excluded from social health protection (SHP) coverage. Results If organized appropriately and effectively, the extension of SHP and OH services coverage to workers in all forms of employment can contribute significantly to create safe and healthy working environment as well as to improve universal health access, contributing therefore to SDG8 and SDG3. Conclusions This presentation will describe a framework for assessing OH services system, including legal framework, functions, organization, coverage, resources, funding and governance based on concrete country examples. It also will explore the establishment of robust inter-institutional linkages between SHP and OH services as a strategy to extend coverage of both systems.
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Fuentes Torrijo, Ximena. "La evolución de la relación normativa entre el Sistema Interamericano de Derechos Humanos y los sistemas jurídicos nacionalesThe evolution of the normative relationship between the Interamerican System of Human Rights and national jurisdictions." International Journal of Constitutional Law 19, no. 4 (2021): 1207–12. http://dx.doi.org/10.1093/icon/moab119.
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Abstract The approach of the Inter-American Court of Human Rights regarding the relationship between international and domestic law has evolved into a form of supranational law, which was not envisaged at the time of the ratification of the Inter-American Convention on Human Rights. In its first decisions, the Inter-American Court accepted that it was for each state party to decide how its domestic legal system interacts with international law. However, in recent years the Inter-American Court of Human Rights has developed the theory of the “conventionality control,” according to which domestic judges shall afford primacy to the Convention over domestic law and, in cases of a conflict of norms, may set aside domestic legislation. It is to be seen whether or not domestic tribunals will implement this “conventionality control” and how the legislative powers of Latin American states will respond.
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Binder, Christina. "The Prohibition of Amnesties by the Inter-American Court of Human Rights." German Law Journal 12, no. 5 (2011): 1203–30. http://dx.doi.org/10.1017/s2071832200017272.
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The Inter-American Court of Human Rights has proven a particularly active defender of human rights in Latin America. The Court has developed an innovative and creative jurisprudence with respect to all kinds of human rights violations, including forced disappearances, extrajudicial killings, violations of indigenous peoples' rights or those of undocumented migrants. Legal scholars have praised the Inter-American Court for its effective protection of human rights and even the International Court of Justice has drawn on the judgments of the Inter-American Court. The Inter-American Court has, however, also been criticized for adopting an overly broad standard of review, exceeding the competences conferred on it in the American Convention on Human Rights (ACHR, Convention) and for its detailed reparation orders which encroached on the states' internal domestic affairs. Put differently, the Court was blamed for being a too active judicial lawmaker. It has therefore been suggested that the Inter-American Court would be well advised to pay more attention to national sovereignty and the consent of the regional community of states when exercising its adjudicative function.
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Seatzu, Francesco. "The Interpretation of the American Convention on Human Rights through the Prism of the United Nations Convention on the Rights of the Child." International Human Rights Law Review 9, no. 1 (2020): 1–26. http://dx.doi.org/10.1163/22131035-00901007.
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This article considers the Inter American Court of Human Rights (IACtHR)’s and Inter-American Commission on Human Rights (iachr)’s approach to interpreting and applying the American Convention on Human Rights (achr) provisions through the prism of the United Nations Convention on the Rights of the Child (crc) and ascertains the features of each convention that supports this approach. It concentrates on the IACtHR’s and iachr’s development and implementation of the principle of the best interest of the child, and on two specific areas of the IACtHR’s and iachr’s jurisprudence on children’s rights – children’s migration and trafficking of children – and concludes with some suggestions as to how this approach might be improved further in a manner that gives wider scope for the promotion of children’s rights and freedoms in the achr contracting states.
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Mejía-Lemos, Diego. "Advisory Opinion OC-22/16." American Journal of International Law 111, no. 4 (2017): 1000–1006. http://dx.doi.org/10.1017/ajil.2017.91.
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On February 26, 2016, the Inter-American Court of Human Rights (Court) issued an advisory opinion requested by the Republic of Panama (Advisory Opinion). The request stemmed from “doubts among States” as to whether “legal persons, being legal fictions, are not as such entitled to rights” (Request) (para. 2). The Court unanimously held that legal persons are not entitled to rights under the American Convention on Human Rights (Convention) because Article 1.2 of the Convention establishes rights only in favor of natural persons. The Court, also unanimously, reiterated that indigenous and tribal communities are entitled to rights under the Convention. By majority vote, the Court held that labor union organizations are entitled to rights under the Protocol of San Salvador (Protocol). The Advisory Opinion is most significant for its finding regarding labor union organizations and for its analysis of how general international law relates to various aspects of the Inter-American system.
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Buergenthal, Thomas. "The Advisory Practice of the Inter-American Human Rights Court." American Journal of International Law 79, no. 1 (1985): 1–27. http://dx.doi.org/10.2307/2202661.
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The American Convention on Human Rights entered into force in 1978. To date, 18 OAS member states, out of 31, have ratified it. Included among the states parties to the Convention are all the Central American Republics as well as Panama, Mexico, the Dominican Republic and Haiti. The five Andean Pact nations have ratified, as have Jamaica, Barbados and Grenada. Argentina is the latest state to become a party; it did so on September 5, 1984, and thus became the first and, to date, only Southern Cone country to do so. The others—Chile, Paraguay and Uruguay—have not ratified; nor have Brazil, the United States, Suriname and a number of English-speaking Caribbean states.
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SOARES, Anauene Dias, and Luiz Guilherme PIAGENTINI. "MERCOSUR, UNASUR AND BRAZILIAN DIPLOMATIC MEASURES FOR THE PREVENTION AND FIGHTING OF ILLICIT TRAFFICKING OF CULTURAL PROPERTY: PURPOSES, STRATEGIES AND ACTIVITIES OF THE RECENTLY CREATED MULTILATERAL AND NATIONAL SPECIALIZED COMMITTEES." Revista Juridica 3, no. 56 (2019): 82. http://dx.doi.org/10.21902/revistajur.2316-753x.v3i56.3569.
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ABSTRACTThe illicit trafficking of cultural property is a reality in most South American countries. For years, although cultural diplomacy has evolved in the national and multilateral spheres, no significant concrete measures have been taken to fight the illicit trafficking, which has kept developing even after the 1970 UNESCO Convention. In that context, two recent initiatives seem to promote new perspectives. The Mercosur-Unasur Technical Committee for the Prevention and Fighting of Illicit Trafficking of Cultural Property establishes a multilateral dialogue in the field, fostering respect and promotion of the cultural diversity in the region. The Brazilian National Committee for the Fighting of Illicit Trafficking of Cultural Property, which still has not been institutionalized, intends to be a discussion venue in the field, establishing a multi-stakeholder approach in the national level. The main challenges that will be faced by both committees concern the implementation of concrete measures within South American source countries, as well as possibly exercising pressure to induce market-end states to adopt the necessary reforms to fight the illicit trafficking of cultural property.KEYWORDS: Cultural diplomacy; Mercosur; Unasur; illicit trafficking of cultural property.RESUMOO tráfico ilícito de bens culturais é uma realidade na maioria dos países sul-americanos. Durante anos, embora a diplomacia cultural tenha progredido nas esferas nacional e multilateral, não foram tomadas medidas concretas significativas para combater o tráfico ilícito, o qual continuou se desenvolvendo mesmo após a Convenção da UNESCO de 1970. Nesse contexto, duas iniciativas recentes parecem promover novas perspectivas. O Comitê Técnico para a Prevenção e o Combate ao Tráfico Ilícito de Bens Culturais do Mercosul-Unasul estabelece um diálogo multilateral sobre o tema, impulsionando o respeito e a promoção da diversidade cultural na região. O Comitê Nacional de Combate ao Tráfico Ilícito de Bens Culturais, que ainda não foi institucionalizado, pretende ser um foro de discussão sobre o tema, estabelecendo uma abordagem a partir da participação de diversos atores em nível brasileiro. Os principais desafios que ambos os comitês terão de enfrentar consistem na implementação de medidas concretas nos países de origem sul-americanos, bem como possivelmente o exercício de pressão para induzir países destinatários do mercado final de bens culturais a adotar as reformas necessárias para combater o tráfico ilícito de bens culturais.PALAVRAS-CHAVE: Diplomacia cultural; Mercosul; Unasul; tráfico ilícito de bens culturais.
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Barsh, Russel Lawrence. "The IX Inter-American Indian Congress." American Journal of International Law 80, no. 3 (1986): 682–85. http://dx.doi.org/10.2307/2201793.
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Forty-five years ago, U.S. Indian Commissioner John Collier helped persuade the members of the Pan American Union (now the Organization of American States) to establish the Inter-American Indian Institute “to elucidate the problems affecting the Indian groups within their respective jurisdictions, and to cooperate with one another, on a basis of mutual respect for the inherent rights of each to exercise absolute liberty in solving the ‘Indian Problem’ in America.” Operating under an international convention concluded in November 1940 and governed by a board of 21 state representatives, the Mexico City-based Institute is charged with “scientific investigations,” technical assistance to national Indian agencies and “the training of men and women experts devoted to the problems of the Indian.” Institute policy is also guided by an Inter-American Indian Congress of governmental administrators of Indian affairs, which is convened every four years.
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Duhaime, Bernard. "Ten Reasons Why Canada Should Join the American Convention on Human Rights." Revue générale de droit 49 (January 15, 2019): 187–205. http://dx.doi.org/10.7202/1055489ar.
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The present contribution seeks to present comprehensively ten reasons why Canada should join the American Convention on Human Rights and recognize the compulsory jurisdiction of the Inter-American Court of Human Rights.
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Schabas, William A. "Canadian Ratification of the American Convention on Human Rights." Netherlands Quarterly of Human Rights 16, no. 3 (1998): 315–42. http://dx.doi.org/10.1177/092405199801600304.
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When Canada joined the Organisation of American States in 1990, it promised that it would ratify the American Convention on Human Rights in short order. Eight year later, Canada has still not taken this step. Although the provisions of the Convention largely reflect those of other human rights treaties, to which Canada is a party, a few serious and several rather petty objections have been raised to certain provisions. The most important concerns the right to life text, which suggests limits on the possibility of legalising abortion. But on this point, and others, Canada may enter reservations to the Convention. Although this solution is not ideal, in the long run it is less damaging to Canada's human rights profile, and to the health of the inter-American system, than the continued refusal to participate in Convention system.
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Fuentes, Alejandro, and Marina Vannelli. "Expanding the Protection of Children’s Rights towards a Dignified Life: The Emerging Jurisprudential Developments in the Americas." Laws 10, no. 4 (2021): 84. http://dx.doi.org/10.3390/laws10040084.
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The Inter-American Court of Human Rights (IACrtHR) has developed in recent years an innovative jurisprudence that has integrated the entity and extension of States’ obligations regarding children’s rights—as established in Article 19 ACHR—through the evolutive, dynamic, and effective interpretation of the American Convention on Human Rights (ACHR). In fact, by acknowledging the existence of an international corpus juris for the protection of children’s rights, the Court has examined this provision in the light of instruments enshrined within the corpus juris, such as the UN Convention on the Rights of the Child. This process of normative integration was not only limited to the application of international instruments adopted outside of the Inter-American system, but also includes internal references to interconnected rights recognised within the American Convention. Consequently, by analysing the scope of Article 19 ACHR in the light of Article 4 ACHR (right to life) and the corpus juris for the protection of children, the Inter-American Court has further expanded the protection of children’s rights towards the protection of the right to a dignified life. While focusing on the landmark jurisprudence developed by IACrtHR, this paper seeks to unveil the hermeneutical paths undertaken by the regional tribunal in connection with the systemic integration of Article 19 ACHR. In particular, it focuses on the emerging jurisprudential development of positive obligations upon States Members regarding the effective protection of children’s right to a dignified existence.
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Farrell, Norman P. "The American Convention on Human Rights: Canada's Present Law and the Effect of Ratification." Canadian Yearbook of international Law/Annuaire canadien de droit international 30 (1992): 233–60. http://dx.doi.org/10.1017/s0069005800005117.
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INTRODUCTIONOn november 13, 1989, Canada signed the Charter of the Organization of the American States and became a member of the Inter-American system upon depositing its instrument of ratification on January 8, 1990. Though Canada held observer status since 1972, until recently it played a passive role with respect to the Organization of American States (OAS). With the growing significance of regional systems in such matters as free trade, economic and ecosystem interdependence, and human rights, however, Canada has decided to become more involved in the Inter-American system.
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Seatzu, Francesco. "On the Inter-American Convention on the Rights of Older Persons." Anuario Español de Derecho Internacional 31 (March 31, 2015): 349–66. http://dx.doi.org/10.15581/010.31.349-366.
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Larsen, Paul B. "1989 Inter-American Convention on International Carriage of Goods by Road." American Journal of Comparative Law 39, no. 1 (1991): 121. http://dx.doi.org/10.2307/840673.
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Rodriíguez-Pinzón, Diego. "Inter-American Convention on Protecting the Human Rights of Older Persons." International Legal Materials 55, no. 5 (2016): 985–1006. http://dx.doi.org/10.1017/s002078290000437x.
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Sanderson, Steven. "North-South Polarity in Inter-American Environmental Affairs." Journal of Interamerican Studies and World Affairs 36, no. 3 (1994): 25–48. http://dx.doi.org/10.2307/166525.
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Since the conclusion of the Earth Summit - or, more formally, the UN Conference on Environment and Development (UNCED) - in 1992, the world's political leaders have had to deal with an ambitious environmental agenda whose mission is nothing short of saving the biosphere, a spectacular quest that carries an equally impressive price tag. The acceleration of a global environmental agenda over the first part of the 1990s, combined with the accumulated commitments of earlier years - of which the Convention on International Trade in Endangered Species of Flora and Fauna (CITES), the Ivory Ban, and the Montreal Protocol, are among the most prominent - and the high profile assigned to the environment by the Clinton administration, mean that the December 1994 Hemispheric Summit in Miami will have the opportunity (and the challenge) to set a new environmental agenda.