Fisheries extractivism and the right to subsistence: Conflicting governance models and the legal structures that enact them

Marine Policy ◽  
2021 ◽  
Vol 133 ◽  
pp. 104729
Author(s):  
Bryan P. Galligan
Keyword(s):  
Legal Structures ◽  
Governance Models ◽  
The Right

Realising immigration as a human right: public justification and cosmopolitan solidarity

2021 ◽  
pp. 136843102098713
Author(s):  
David Martínez ◽  
Alexander Elliott
Keyword(s):  
Public Sphere ◽  
Social Theory ◽  
Public Justification ◽  
Human Right ◽  
National State ◽  
The Public ◽  
Starting Point ◽  
Legal Structures ◽  
The Right ◽  
Normative Justification

According to David Miller, immigration is not a human right. Conversely, Kieran Oberman makes a case for immigration as a human right. We agree with the latter view, but we show that its starting point is mistaken. Indeed, both Miller and Oberman discuss the right to immigration within the liberal paradigm: it is a right or not depending on the correct balance between the interests of the citizens of a given national state and the interests of the immigrants. Instead, we claim that public justification can underpin immigration as a human right. That said, the public justification of the right to immigration has several counterarguments to rebut. Before we deal with that issue, relying on Jürgen Habermas’s social theory, we examine the legal structures that could support the right to immigration in practice. To be sure, this does not provide the normative justification needed, instead it shows the framework that allows the institutional realization of this right. Then, through a combination of civic and cosmopolitan forms of solidarity, the article discusses the formation of a public sphere, which could provide the justification of the right to immigration.

scholarly journals Ancient Anatolian Grids

2019 ◽  
Vol 2 ◽  
pp. 1-11
Author(s):  
Şirin Gülcen Eren
Keyword(s):  
Euclidean Geometry ◽  
Google Earth ◽  
Social Structures ◽  
Legal Structures ◽  
Ancient Times ◽  
Basic Characteristics ◽  
Architectural Structures ◽  
The Right ◽  
Geographical Space ◽  
Technological Methods

<p><strong>Abstract.</strong> For as long as humans have existed, they have created specific legal structures and technical means of representation in order to situate themselves within the geographical space where they live, to find the right direction, to measure time and distance, to define property and to calculate gradients. With the progress of civilisation, maps came to be used as an instrument for controlling society, siting architectural structures, establishing towns and determining trade axes and property rights. As social structures and the needs and relationships embedded in them changed, and technical and technological methods became more advanced, cartography developed too, and the uses of maps increased. From their earliest discovery, the basic characteristics of maps were grids, isohypses (contours) and physical data. The geography and settlements of Anatolia provide some clues as to the types of grid that were used in ancient times. There are invisible grids compatible with Euclidean geometry. These can only be detected from the clues given by the settlement locations. These grids, which have determined the locations of settlements, the pattern of roads, the geostamps&amp;reg; and the division of the land in Anatolia, are an unknown aspect of the ancient era. In response to the obscurity of the topic, this paper sets out to make a preliminary appraisal of the grids of the ancient era. With the aid of a multi-disciplinary approach, an inter-disciplinary methodology and the Google Earth software, it outlines some of the types of grid that it has been possible to identify from analyses and drawings of the geography of Anatolia, together with their measures and origins. The paper aims to make a contribution to the disciplines of cartography and spatial planning by presenting the invisible grids of the Anatolia.</p>

Structural Injustice and the Human Rights of Workers

2020 ◽  
Author(s):  
Virginia Mantouvalou
Keyword(s):  
Human Rights ◽  
Working Conditions ◽  
Private Life ◽  
Alternative Solution ◽  
Main Approach ◽  
Immigration Detention ◽  
Structural Injustice ◽  
Legal Structures ◽  
The Uk ◽  
The Right

Abstract An increasing number of jobs are precarious, making workers vulnerable to various forms of ill-treatment and exploitation. The UK Government’s main approach has been to criminalise the actions of unscrupulous employers who seek to exploit these. This approach, however, has been ineffective, partly because it ignores the broader socio-economic structures that place workers in conditions of vulnerability. This article develops an alternative solution, seeking to identify structures that force and trap workers in conditions of exploitation. It focuses specifically on what I call ‘state-mediated structural injustice', where legislative schemes that promote otherwise legitimate aims create vulnerabilities that force and trap workers in conditions of exploitation. I use examples such as restrictive visa regimes, prison work and work in immigration detention, welfare conditionality programmes, and zero-hour contracts to illustrate the unjust structures. I finally assess whether these legal structures are compatible with human rights, such as the right to private life, the prohibition of slavery, servitude, forced and compulsory labour, and the right to fair and just working conditions.

Land Tenure Regimes and Women’s Land Rights in Uganda; Legality and the Land Legal Framework.

2021 ◽  
Vol 8 (1) ◽  
pp. 116-133
Author(s):  
Prudence Kemigisha
Keyword(s):  
Gender Gap ◽  
Land Tenure ◽  
Land Rights ◽  
Legal Framework ◽  
Customary Law ◽  
Specific Reference ◽  
Land Resource ◽  
Legal Structures ◽  
Access Rights ◽  
The Right

A review on the implications of land tenure regimes on women’s land rights is relevant in the Ugandan context and other countries in Africa due to the fact that land is in many ways the most important productive resource to possess or have access to. Rights over land are associated with social identity and help to regulate what people do with that land as a source of livelihood.  Despite the critical contribution of land resource, it is not equitably distributed. The position of women in land accessibility, control and ownership is still precarious under the different tenure regimes in Uganda. A literature review was conducted to assess the implications of the tenure regimes on women land rights in Uganda, with specific reference to the land legality and the legal framework. From the literature reviewed, the study indicates that women’s right to land under the land holding systems are largely limited to access rights but not ownership rights. Ugandan women face significant challenges accessing justice when their rights are violated. The lack of clear distinction between legitimacy and legality of land rights makes it difficult to attain effective women’s rights to land. A combination of contemporary and customary law still restricts land rights of women in that the statutory instruments in place have failed to grant women the right to land. The study recommends that the necessary change required to narrow the gender gap in land rights necessitates simultaneous struggles over the norms and legal structures governing women’s land rights.

scholarly journals A Path to Transformation: Asking “The Woman Question” in International Law

2021 ◽  
pp. 429
Author(s):  
Cochav Elkayam-Levy
Keyword(s):  
International Law ◽  
Legal Reform ◽  
Woman Question ◽  
Women's Experiences ◽  
Legal Structures ◽  
Truth Claims ◽  
Feminist Methods ◽  
The Law ◽  
The Right ◽  
Feminist Work

Methods matter, and the discussion over feminist methods in international law is an important one. As Kathrine Bartlett famously noted, “thinking about method is empowering.” It makes us more aware of the nature of what we do and what we aim to improve in the law. Consequently, we can act more effectively when we examine legal structures and do it with a stronger sense of commitment towards our feminist work. Methods are also the fundamental means by which we produce “valid knowing.” The discussion of feminist methods in international law is one that engages with the combination of rules and assumptions that shape and delimit our views about the exclusion of women’s experiences from this doctrine. Methods determine the ways within those limits by which we aim to assert truth claims, determine our possibilities and conclusions, and establish the grounds for legal reform. Our chosen method defines what we consider as evidence and what we accept as proof. Yet, it cannot guarantee a particular outcome or even the right one. Rather, it provides a sense of discipline in our analysis.

scholarly journals Pre-Emption, Back-In And Redemption Rights As Well As The Right Of Priority In Acquisition Of Real Estate

2015 ◽  
Vol 23 (1) ◽  
pp. 63-74 ◽  
Author(s):  
Katarzyna A. Dadańska
Keyword(s):  
Real Estate ◽  
Ownership Structure ◽  
Similar Function ◽  
The Real Estate ◽  
Legal Structures ◽  
Contracting Process ◽  
The Right ◽  
Legal Character ◽  
The Given ◽  
Selection Of

Abstract Among factors that might significantly diversify common and economic trading, in particular trading in real estate, pre-emption, back-in and redemption rights, as well as the right of priority in acquisition play an important role. These legal instruments, despite certain differences in their legal structures, serve a similar function. Namely, they may be utilized for the purpose of affecting the preferred ownership structure. The legislator in pursuit of the assumed ownership structure may – through the instruments of the pre-emption right, back–in right, redemption right and the right of priority in acquisition – particularly with their statutory character - restrict freedom to trade in ownership with regard to the selection of the real estate purchaser. Simultaneously, in the contracting process, the parties face a certain manner of proceeding imposed, the purpose of which is to conclude the contract on transferring real estate ownership with the partner preferred by the legislator. In certain cases, the legislator goes even further, granting the eligible party a claim under which the eligible party may demand that the party obliged shall submit an appropriate declaration of will, and in the event that the party obliged refuses – the eligible party may seek the judgment of the court replacing that declaration. Proper navigation in the field of real estate trading, in particular with regard to transactions in which the pre-emption right, back-in right, and redemption right, or the right of priority in acquisition is reserved for defined entities, requires defining the legal character of the given instrument, the manner of executing the due right by the eligible party, results of the failure of the parties to the contracting process to fulfill the obligations imposed by the act, and finally, defining whether there are means for the compulsory execution of the power guaranteed by the act and, if yes, what these means are.

scholarly journals Palliation or protection: How should the right to equality inform the government’s response to Covid-19?

2020 ◽  
Vol 20 (4) ◽  
pp. 183-202
Author(s):  
Meghan Campbell ◽  
Sandra Fredman ◽  
Aaron Reeves
Keyword(s):  
Dimensional Approach ◽  
Policy Makers ◽  
Four Dimensions ◽  
The Public ◽  
Substantive Equality ◽  
Legal Structures ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Nuanced Understanding ◽  
The Right

This article examines what role equality law can play in addressing the inequalities created and exacerbated by the British government’s response to the Covid-19 pandemic. We argue that while there is great potential in existing legislation, there is a need for both policy-makers and courts to apply a more searching and nuanced understanding of the right to equality if this potential is to be realised. We begin by examining how the burdens of confronting this pandemic as a society fall more heavily on those already at the bottom end of the scale of inequality. We then ask whether and to what extent the current legal structures protecting the right to equality can be mobilised to redress such inequalities, paying particular attention to the Public Sector Equality Duty under the Equality Act 2010 and on the Human Rights Act 1998. Finally, we argue that, to fulfil the requirements of both these legal duties, the courts should subject policies and practices to close scrutiny under the four-dimensional approach. When making and operationalising policies around Covid-19, substantive equality requires account to be taken simultaneously of the four dimensions of inequality to the greatest extent possible.

scholarly journals PRINCIPLES OF LAW AND JUSTICE IN THE HISTORY OF RUSSIAN LEGISLATION AND WESTERN EUROPEAN STATES

2020 ◽  
Vol 14 (6) ◽  
pp. 7-25
Author(s):  
VLADIMIR G. GRAFSKY
Keyword(s):  
Russian Society ◽  
Legal Development ◽  
Russian State ◽  
History Of ◽  
Legal Structures ◽  
Law And Justice ◽  
The Individual ◽  
The Right ◽  
In The Beginning ◽  
Principle Of Legality

The paper deals with the correlation of the principles of law and justice throughout the history of Russian and foreign legislation. In ordinary people’s ideas, law and law have always been associated with justice. The effectiveness of any law depends primarily on its fairness. Therefore, positive results in this direction can be achieved only if laws, by-laws, and other sources of law meet the requirements of justice. The author substantiates the thesis that in order to establish the right balance between justice and legality, first of all, it is necessary to take into account their importance as social regulators of the harmonious relationship of the individual with society. The formation and implementation of the principle of legality in the activities of the Russian state and the life of Russian society for many centuries of state and legal development of Russia remained, and still remains, one of the main trends in the activities of the true state power. The process of legal registration of requirements of law in the Russian law has come a long process from the first germ of its fixation in the early stages of legal development, to a sufficiently clear and unambiguous definitions and requirements in the beginning of the XXI century is Considered the Genesis of consolidation of legality and justice in the Russian legislation with the IX — the beginning of XXI century in the legislation of foreign countries. A study of the pattern of manifestations of legal justice suggests three modifications: legal justice according to the custom (as the unwritten law), legal justice for official legitimate law (the formal law) and legal justice, scientific and doctrinal. The author dwells in detail on the theoretical and philosophical characteristics and definitions of law and legal structures, based on the works of S.L. Frank, P.G. Vinogradov, V.S. Solovyov.

Decolonization and Self-Determination

2020 ◽  
pp. 186-200
Author(s):  
Natsu Taylor Saito
Keyword(s):  
International Law ◽  
Indigenous Peoples ◽  
Self Determination ◽  
Primary Interest ◽  
Territorial Integrity ◽  
Legal Structures ◽  
The Law ◽  
The Right ◽  
Unique Status

International law recognizes the unique status of Indigenous peoples and the right of all peoples to self-determination. However, it is also largely controlled by states whose primary interest is in maintaining their own power, wealth, and “territorial integrity.” Considering what the right to self-determination encompasses and how it differs from the law protecting “minorities” from discrimination, this chapter suggests that decolonization of settler states will not be implemented by international legal structures but must be undertaken by the peoples themselves.

The role of foundations in family governance

2019 ◽  
Vol 26 (1) ◽  
pp. 4-10
Author(s):  
Dominique Jakob
Keyword(s):  
Family Values ◽  
Family Businesses ◽  
Inheritance Law ◽  
Family Structures ◽  
Family Governance ◽  
Legal Structures ◽  
The Right

Abstract Family businesses nowadays face numerous challenges caused by multinational family structures, the interplay of generations and inheritance law. This article deals with the role that foundations can play in safeguarding family governance within family businesses. It explains the various models of how foundations can be used as holding structures for businesses. However, as the force of law is limited, the article then focuses on how to integrate family values into the legal tools and attempts to identify the right questions that have to be addressed in order to successfully combine solid legal structures with sustainable family happiness.

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