On Tyranny and the Global Legal Order

2021 ◽  
Author(s):  
Aoife O'Donoghue
Keyword(s):  
Global Scale ◽  
Legal Order ◽  
Classical Antiquity ◽  
Rule By Law ◽  
The Right

Since classical antiquity debates about tyranny, tyrannicide and preventing tyranny's re-emergence have permeated governance discourse. Yet within the literature on the global legal order, tyranny is missing. This book creates a taxonomy of tyranny and poses the question: could the global legal order be tyrannical? This taxonomy examines the benefits attached to tyrannical governance for the tyrant, considers how illegitimacy and fear establish tyranny, asks how rule by law, silence and beneficence aid in governing a tyranny. It outlines the modalities of tyranny: scale, imperialism, gender, and bureaucracy. Where it is determined that a tyranny exists, the book examines the extent of the right and duty to effect tyrannicide. As the global legal order gathers ever more power to itself, it becomes imperative to ask whether tyranny lurks at the global scale.

Self-Determination Through Autonomy or Independence? – On the Current and Future Position of New Caledonia

ICL Journal ◽  
2021 ◽  
Vol 15 (1) ◽  
pp. 67-105
Author(s):  
Markku Suksi
Keyword(s):  
Human Rights ◽  
New Caledonia ◽  
Legal Order ◽  
The Self ◽  
Self Determination ◽  
Normative Framework ◽  
European Court ◽  
Determination Process ◽  
The Right

Abstract New Caledonia is a colonial territory of France. Since the adoption of the Nouméa Accord in 1998, a period of transition towards the exercise of self-determination has been going on. New Caledonia is currently a strong autonomy, well entrenched in the legal order of France from 1999 on. The legislative powers have been distributed between the Congress of New Caledonia and the Parliament of France on the basis of a double enumeration of legislative powers, an arrangement that has given New Caledonia control over many material fields of self-determination. At the same time as this autonomy has been well embedded in the constitutional fabric of France. The Nouméa Accord was constitutionalized in the provisions of the Constitution of France and also in an Institutional Act. This normative framework created a multi-layered electorate that has presented several challenges to the autonomy arrangement and the procedure of self-determination, but the European Court of Human Rights and the UN Human Rights Committee have resolved the issues regarding the right to vote in manners that take into account the local circumstances and the fact that the aim of the legislation is to facilitate the self-determination of the colonized people, the indigenous Kanak people. The self-determination process consists potentially of a series of referendums, the first of which was held in 2018 and the second one in 2020. In both referendums, those entitled to vote returned a No-vote to the question of ‘Do you want New Caledonia to attain full sovereignty and become independent?’ A third referendum is to be expected before October 2022, and if that one also results in a no to independence, a further process of negotiations starts, with the potential of a fourth referendum that will decide the mode of self-determination New Caledonia will opt for, independence or autonomy.

L'azione dell'Unione europea contro le discriminazioni basate sulla religione: l'impatto della giurisprudenza della Corte europea dei diritti umani

2012 ◽  
pp. 475-511
Author(s):  
Federico Casolari
Keyword(s):  
Human Rights ◽  
General Framework ◽  
Case Law ◽  
Legal Order ◽  
Equal Treatment ◽  
Freedom Of Religion ◽  
Eu Law ◽  
The Right ◽  
The Impact ◽  
The Eu

Law Although EU law has established a general framework concerning the fight against discriminations on the grounds of religion (namely as far as equal treatment in employment and occupation is concerned), the related ECJ case law is not very rich. This article tracks and evaluates the impact of the ECHR case law devoted to the freedom of religion on the interpretation and application of EU law concerning religion discriminations. It argues that the ECHR case law may contribute to identify the notion of ‘religion' which is relevant for EU law, while several arguments may be put forward against the application of the Strasbourg approach to the balancing between the right to quality based on religion and others human rights into the EU legal order.

The Effect of WTO Dispute Settlement Rulings in the EC Legal Order: Reviewing Van Parys v Belgische Interventie- en Restitutiebureau (C-377/02)

2005 ◽  
Vol 6 (6) ◽  
pp. 1025-1032
Author(s):  
Delphine De Mey
Keyword(s):  
Dispute Settlement ◽  
National Court ◽  
Legal Order ◽  
European Court Of Justice ◽  
Court Of Justice ◽  
Wto Dispute Settlement ◽  
European Court ◽  
The Right ◽  
Community Legal Order

On 1 March 2005, the European Court of Justice (hereinafter ‘ECJ’ or ‘the Court’) got another opportunity to rule on the effect of recommendations and decisions of the WTO Dispute Settlement Body (hereinafter ‘DSB’) in the Community legal order. The ECJ concluded that an individual does not have the right to challenge, before a national court, the incompatibility of Community measures with WTO rules, even if the DSB had previously declared the Community legislation to be incompatible with those rules.

scholarly journals Le rôle d’internet et de la télévision dans l’adaptation des réfugiés en France

2013 ◽  
Vol 1 (6) ◽  
pp. 36-51
Author(s):  
Houssein Charmarkeh
Keyword(s):  
Information Technology ◽  
United Nations ◽  
Research Study ◽  
Global Scale ◽  
The Internet ◽  
Somali Refugees ◽  
United Nations High Commissioner ◽  
High Commissioner ◽  
Technology And Communication ◽  
The Right

Le nombre de réfugiés dans le monde ne cesse d’augmenter. Le Haut commissariat des Nations Unies pour les réfugiés estime le nombre record de déplacés forcés en 2011 à 43,7 millions. En France, plus de 57 000 ont introduit une demande de protection à l’Office français de protection des réfugiés et apatrides. Les Somaliens constituent en France l’un des groupes en constante augmentation en raison de la crise humanitaire, politique et sécuritaire qui secoue leur pays. De nombreuses études ont été menées dans le cadre de l’accueil des réfugiés en France et de la fragilisation du droit d’asile. Les recherches s’intéressant à analyser les usages des technologies de l’information et de la communication (TIC) tels que internet et la télévision par les réfugiés restent embryonnaires. Cette présente recherche tente de combler cet écart en contribuant à l’analyse des usages d’internet et de la télévision par les réfugiés Somaliens pendant leur installation en France. Abstract The number of refugees on a global scale is increasing. In fact, the United Nations High Commissioner for Refugees estimates that in 2011 there were 43.7 million forcibly displaced persons reaching a worldwide record. In France, more than 57 thousand persons applied for protection to the French Office for the Protection of Refugees and Stateless Persons. Somalis are among the refugee groups on the rise in France due to the humanitarian, political and security crises that shook their country. Numerous studies have been conducted in the context of the reception of refugees in France and the weakening of the right to asylum. This study aims to analyze the uses of Information Technology and Communication (ICT), in particular Internet and television, by refugees as such studies remains limited. This research study strives to fill this gap by contributing to the analysis of the usage of the Internet and television by Somali refugees during their settlement in France.

A Global Framework Convention on Health: Would it Help Developing Countries to Fulfil Their Duties on the Right to Health? A South African Perspective

2010 ◽  
Vol 38 (3) ◽  
pp. 640-646 ◽  
Author(s):  
Mark Heywood ◽  
John Shija
Keyword(s):  
Public Health ◽  
Developing Countries ◽  
South African ◽  
Global Scale ◽  
Right To Health ◽  
Health Aid ◽  
African Perspective ◽  
Intellectual Knowledge ◽  
The Right ◽  
Health Experts

It is arguable that the delivery of global health has reached an impasse. This is evident not only in unresolved debates that are raging about where to allocate health aid or how to sustain and expand funding for AIDS treatment, but also in challenges facing national health systems that are incapable of purely domestic resolution. But there is some irony and much opportunity in this situation. Not only have the last 20 years seen an unprecedented growth in funding for health, mainly through funding for AIDS, but there has also been a range of initiatives and ideas that have generated better knowledge not only of the determinants of health, but also of how to attain it. Scientists, public health experts, and activists have created a store of intellectual knowledge, technology, and ideas, which, if properly and fairly deployed, might provide the opportunity to re-launch tangible progress towards the progressive realization of the right to health on a global scale.

scholarly journals COVID-19 Knowledge Resource Categorization and Tracking: A Conceptual Framework (Preprint)

2021 ◽  
Author(s):  
Muhammad Afzal ◽  
Maqbool Hussain ◽  
Jamil Hussain ◽  
Sungyoung Lee
Keyword(s):  
Conceptual Framework ◽  
Level Structure ◽  
Global Scale ◽  
Information Resources ◽  
World Health ◽  
Infrastructure Development ◽  
Knowledge Resources ◽  
Health Organization ◽  
The Right ◽  
Resource Categorization

BACKGROUND Declaring the COVID-19 disease a global pandemic by the World Health Organization (WHO), it gained momentum as every day passed, and private and government sectors of different countries pushed funding towards research in various capacities. A great portion of efforts is devoted to information technology and service infrastructure development, including research to develop intelligent models and techniques for alerts, monitoring, early diagnosis, prevention, and other relevant services. As a result, tons of information resource have been created in the global space and are available for use. However, there is lack of a defined structure to organize these resources into categories or classes based on the nature as well the origin of data. OBJECTIVE This study aims to organize COVID-19 information resources into a well-defined structure to facilitate easy identification of a resource, tracing information workflows, and a guide for contextual dashboards design and development. METHODS A sequence of action research was performed that involve a review of COVID-19 efforts and initiatives on a global scale during the year 2020. Data is collected according to a defined structure of primary, secondary, and tertiary categories. Various descriptive statistical analysis techniques were employed to get insights of the data to help in developing a conceptual framework underlining the organization of resources and interactions among different resources. RESULTS In this paper, we present a three-level structure of resource categorization that provides a gateway to access the global initiatives with enriched metadata, assists users in tracing the workflow of tertiary, secondary, and primary resources with relationships among various fragments of information. The results comprise mapping initiatives at the tertiary level to secondary and then to the primary level to reach the firsthand resource of data, research, and trials. CONCLUSIONS Adopting the proposed three-level structure enables a consistent organization and management of existing COVID-19 knowledge resources and provides a roadmap for classifying the futuristic resources. This study is one of the earliest studies to introduce an organized structure and demonstrate the placement of COVID-19 resources at the right place. By implementing the proposed framework according to the stated guidelines, this study facilitates the development of applications such as interactive dashboards to facilitate the contextual identification and tracking of interdependent COVID-19 information resources.

scholarly journals The Right to Have Digital Rights in Smart Cities

2021 ◽  
Vol 13 (20) ◽  
pp. 11438
Author(s):  
Igor Calzada
Keyword(s):  
Los Angeles ◽  
Smart Cities ◽  
Global Scale ◽  
Sustainable Urban Development ◽  
Long Beach ◽  
Digital Rights ◽  
City Councils ◽  
Policy Experimentation ◽  
City Network ◽  
The Right

New data-driven technologies in global cities have yielded potential but also have intensified techno-political concerns. Consequently, in recent years, several declarations/manifestos have emerged across the world claiming to protect citizens’ digital rights. In 2018, Barcelona, Amsterdam, and NYC city councils formed the Cities’ Coalition for Digital Rights (CCDR), an international alliance of global People-Centered Smart Cities—currently encompassing 49 cities worldwide—to promote citizens’ digital rights on a global scale. People-centered smart cities programme is the strategic flagship programme by UN-Habitat that explicitly advocates the CCDR as an institutionally innovative and strategic city-network to attain policy experimentation and sustainable urban development. Against this backdrop and being inspired by the popular quote by Hannah Arendt on “the right to have rights”, this article aims to explore what “digital rights” may currently mean within a sample consisting of 13 CCDR global people-centered smart cities: Barcelona, Amsterdam, NYC, Long Beach, Toronto, Porto, London, Vienna, Milan, Los Angeles, Portland, San Antonio, and Glasgow. Particularly, this article examines the (i) understanding and the (ii) prioritisation of digital rights in 13 cities through a semi-structured questionnaire by gathering 13 CCDR city representatives/strategists’ responses. These preliminary findings reveal not only distinct strategies but also common policy patterns.

scholarly journals The Right to Food and Buyer Power

2010 ◽  
Vol 11 (11) ◽  
pp. 1190-1244 ◽  
Author(s):  
Aravind R. Ganesh
Keyword(s):  
Human Rights ◽  
Supply Chains ◽  
Food Supply ◽  
Competition Law ◽  
Global Scale ◽  
Human Right ◽  
Right To Food ◽  
Food Supply Chains ◽  
Buyer Power ◽  
The Right

AbstractModern global food supply chains are characterized by extremely high levels of concentration in the middle of those chains. This paper argues that such concentration leads to excessive buyer power, which harms the consumers and food producers at the ends of the supply chains. It also argues that the harms suffered by farmers are serious enough as to constitute violations of the international human right to food, as expressed in the Universal Declaration of Human Rights and more specifically, in the International Covenant on Economic, Social and Cultural Rights. World competition law regimes cannot ignore these human rights imperatives. To a certain extent, these imperatives can be accommodated under existing consumerist competition law theories by the interpretive mechanism of conform-interpretation. However, when one comprehends the truly global scale of modern food supply chains, it becomes obvious that conform-interpretation alone will not suffice. Instead, the protection of a minimum level of producer welfare congruent to those producers’ right to a minimum adequate level of food must find a place among the aims of any credible theory of competition law. Moreover, the same globalized nature of these food supply chains means that current doctrines of extraterritorial jurisdiction of competition control have also to be revised.

Recognising Freedom of Thought in Irish Constitutional Law

2021 ◽  
pp. 1-21
Author(s):  
Maria Cahill
Keyword(s):  
International Law ◽  
Constitutional Law ◽  
Legal Order ◽  
Constitutional Rights ◽  
Technological Advances ◽  
Explicit Recognition ◽  
Order Part ◽  
Freedom Of Thought ◽  
The Right ◽  
Formal Recognition

Abstract Recent technological advances have made clear that law needs to take a stance in relation to freedom of thought. Although there is no formal recognition of freedom of thought in the text of the 1937 Constitution of Ireland, I will argue that such a right does exist in Irish law on the basis of both implicit and initial explicit recognition for freedom of thought in the decisions of the superior courts. Part 2 lays out the ways in which freedom of thought is implicitly recognised in the Irish legal system, both through the protection of other constitutional rights and through the place of international law in the Irish legal order. Part 3 takes the analysis a step further, using the doctrine of unenumerated rights (a peculiarity of Irish constitutional law) to spotlight an overlooked Supreme Court judgment in which the right to freedom of thought has been judicially recognised in the absence of a textual mandate in the Constitution. It then proceeds to shore up arguments in favour of such recognition, arguing that protecting freedom of thought is a good thing, because it honours human freedom and human dignity.

scholarly journals “Utopian in the Right Sense”: The Responsibility to Protect and the Logical Necessity of Reform

2017 ◽  
Vol 31 (3) ◽  
pp. 335-355 ◽  
Author(s):  
Aidan Hehir
Keyword(s):  
Empirical Evidence ◽  
Legal Order ◽  
Responsibility To Protect ◽  
Logical Necessity ◽  
State Support ◽  
State Behavior ◽  
International Legal Order ◽  
The Right

In this article I argue that the claims made about the efficacy of the Responsibility to Protect (RtoP) echo the pejorative conceptions of “utopianism” as advanced by E. H. Carr and Ken Booth in two ways: through the determination of RtoP supporters to claim “progress” in spite of countervailing empirical evidence; and through the exaggerated importance that supporters ascribe to institutionalization, which mistakenly conflates state support with a change in state behavior and interests. I argue that RtoP's impact on the behavior of states has been and will continue to be limited. Moreover, while RtoP has garnered widespread support among states, this is due to it having been rendered largely impotent through a process of norm cooptation. While both Carr and Booth criticized a particularformof utopianism, they both also defended the articulation of normative prescriptions that arenot immediatelyfeasible. To this end, I conclude by suggesting a potential reform of the existing international legal order that meets Carr's preference for normative thinking that is “utopian in the right sense.”

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