THE LAW OF OCCUPATION REVISITED: THE BEGINNING OF AN OCCUPATION

2007 ◽  
Vol 10 ◽  
pp. 99-130 ◽  
Author(s):  
Marten Zwanenburg
Keyword(s):  
Case Law ◽  
Positive Element ◽  
Human Rights Law ◽  
Negative Element ◽  
The Core ◽  
Occupied Territory ◽  
Technological Developments ◽  
History Of ◽  
The Hague ◽  
The Impact

AbstractThis article discusses the criteria for establishing the beginning of an occupation. To this end, it analyzes the wording and drafting history of IHL instruments as well as international case law. It also looks at the influence of human rights law, in particular the notion of “jurisdiction” as used in the ICCPR and the ECHR, on the concept of occupation. Given that the IHL instruments on occupation were drafted some time ago, the impact of a number of technological developments in military affairs on the criteria for the beginning of occupation are discussed. The article concludes that the core of the concept of occupation consists of a negative and a positive element. The negative element is that the indigenous authorities of the occupied territory have been rendered incapable of functioning publicly. The positive element is expressed in Article 42 of the Hague Regulations as the requirement that the territory ‘is actually placed under the authority of the hostile army’.

The Ashkenazi Élite at the Beginning of the Modern Era: Manuscript versus Printed Book

1997 ◽  
pp. 85-98
Author(s):  
Elchanan Reiner
Keyword(s):  
Structural Changes ◽  
Central Issue ◽  
Literary Canon ◽  
General Attitude ◽  
Transmission Of Knowledge ◽  
The Core ◽  
European Culture ◽  
History Of ◽  
The Impact ◽  
Modern Era

This chapter evaluates the effect of printing on the Ashkenazi cultural élite. The shift from script to print in the sixteenth century heralded a reshaping of Ashkenazi literary models. The chapter traces some reactions amongst Ashkenazi intellectuals to this shift, which are indicative of their general attitude to the structural changes in patterns of the transmission of knowledge during the period. It focuses on certain developments within intellectual circles, primarily in connection with changes in the way halakhic literature — the core of the Ashkenazi literary canon — was written and transmitted. While the impact of the making of books and printing has long been a central issue in the history of European culture in general, it is genuinely surprising that Jewish culture, which is so profoundly literary, has not been examined in this light up to now.

Safeguarding and Ethical Practice for People with Intellectual Disability

2020 ◽  
pp. 297-302
Author(s):  
Meera Roy ◽  
Ashok Roy ◽  
Priyanka Tharian ◽  
Ameeta Retzer
Keyword(s):  
Intellectual Disability ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Ethical Practice ◽  
Case Examples ◽  
History Of ◽  
Legal Foundations ◽  
The Uk ◽  
The Impact ◽  
Domestic Law

This chapter will outline the legal and practical principles that inform safeguarding and ethical practice for people with intellectual disability (ID) in the UK. The legal foundations for practice are discussed, drawing first on their foundations in international human rights law, the impact this has had on domestic law and the development of legislation to protect the rights of those with ID. Next, the current policy and principles that underpin ongoing practice are discussed, beginning with the particular history of people with ID and how understanding of ID has since evolved. Case examples are provided throughout to demonstrate these concepts in practice.

scholarly journals “The pitch itself was no man's land:” Siege, Željezničar Sarajevo Football Club and the Grbavica Stadium

2016 ◽  
Vol 44 (6) ◽  
pp. 877-903
Author(s):  
Richard Mills
Keyword(s):  
Oral History ◽  
Local Level ◽  
Football Club ◽  
Photographic Evidence ◽  
History Of ◽  
The Hague ◽  
No Man's Land ◽  
The Impact ◽  
Football Stadium

Inspired by microhistory, this essay explores the wartime plight of a football stadium and the multi-ethnic club that called it home as a means of understanding Bosnia and Herzegovina's descent into conflict, the siege of Sarajevo, and the impact upon civilians. Like the suburb of the same name, Grbavica became part of the frontline during the siege. Deprived of its home, FK Željezničar continued to function, while players, staff, and supporters longed for a return to the shattered ground. At a local level, the organization offers a means of visualizing the development of the Grbavica suburb, from its socialist foundations to its post-Dayton reintegration. In this way, the life of the stadium and those who frequent it map onto the history of Yugoslavia, its dissolution, and the independent republic that emerged in its wake. Moreover, the wartime partition of the stadium, the club, and its supporters’ group – all of which were claimed by actors on both sides of the frontline – were representative of political developments in a state where the ethnic balance was forcibly reengineered. This reconstruction of Grbavica's war harnesses original photographic evidence, oral history, maps, contemporary journalism, and the transcripts of the Hague Tribunal.

Proportionality in International Law

2010 ◽  
Vol 4 (2) ◽  
pp. 231-242 ◽  
Author(s):  
Thomas M. Franck
Keyword(s):  
International Law ◽  
Cultural History ◽  
Legal System ◽  
Case Law ◽  
Second Opinion ◽  
Remedial Action ◽  
The Core ◽  
History Of ◽  
Principle Of Proportionality ◽  
High Degree

Across a broad range of subjects, there is now wide agreement that the principle of proportionality governs the extent to which a provocation may lawfully be countered by what might otherwise be an unlawful response. That is the central role assigned to proportionality in international law and it is deeply rooted in the cultural history of societies. However, if the core institutions of a legal system are too weak to be relied upon to take remedial action against wrongdoers, then they must at least be authorized to license appropriate action by the wronged party and to insure that its response remains within prescribed parameters.The practice described in this essay demonstrates that a high degree of accord is emerging across a broad range of issues to the appropriate standards by which the proportionality of countermeasures can be assessed. The practice of various institutions authorized to render second opinions as to the compliance with those standards is gradually narrowing the range of indeterminacy inherent in the term proportionality. Some of this case law has been disappointingly episodic. The well-crafted second opinion, through its precision, its invocation of precedent, and its careful weighing of the probity of the facts presented to it, deepens and narrows the jurisprudential stream while strengthening its embankments.If applied in practice through second opinions rendered by legitimate institutions, proportionality is an example of an indeterminate principle becoming gradually empowered to provide persuasive answers to difficult questions and, thereby, case by case, building the objective determinacy of the principle.

scholarly journals From Francis Coralie Mullin to Swaraj Abhiyan: Adding Multidimensionality to the Conditional Social Right to Food

2017 ◽  
Vol 6 (1) ◽  
pp. 21-40
Author(s):  
Saurabh Bhattacharjee
Keyword(s):  
Indian Subcontinent ◽  
Right To Food ◽  
The Core ◽  
Explicit Mention ◽  
State Obligations ◽  
History Of ◽  
Constitutional Right ◽  
The Right ◽  
The Impact ◽  
Made In

Global hunger is widely seen as one of the foremost threats to humanity. The Constitutionality of the Right to Food has been a long-standing debate within the Indian Subcontinent as there is no explicit mention of the said right. Through various judicial pronouncements over a relatively long period of time, the right to food has been construed to be constitutionally ingrained. This paper explores the history of the right to food as a fundamental right in India, as per the Constitution. It analyses landmark cases on the right to food and examines the fundamental right to food, in terms of state obligations. Is the impact of the entrenchment of the right to food as a fundamental right, limited only to its symbolic meaning? Or has such right substantively shaped the contours of governmental policies too? What are the remedial interventions that the judiciary has made in view of the constitutional right to food? These are questions that the paper will explore. In this process, the paper will parse various judicial orders on the right to food and identify whether there are justiciable entitlements that presumptively constitute the core of the right. Further, the paper shall also highlight the multidimensionality of the right to food and illustrate that starting with Francis Mullin in the 1980s, to Laxmi Mandal and Swaraj Abhiyan in this decade. The courts have, through the above mentioned judgments, underscored the interrelatedness between the rights to food, health, shelter and right to work.

scholarly journals Exploring the use of the concept human dignity in disability human rights law: from UNCRPD to EctHR

2021 ◽  
pp. 27-53
Author(s):  
Elif Celik
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Case Law ◽  
Recent History ◽  
Human Rights Law ◽  
Persons With Disabilities ◽  
European Court ◽  
History Of

The UN Convention on the Rights of Persons with Disabilities (CRPD) accommodates the concept of human dignity more fully than does any other human rights treaty. The role and interpretation of dignity is thus particularly interesting from the perspective of disability human rights and case law. This study examines the role and significance of the concept of dignity in relation to the human rights disability discourse and jurisdiction through the guidance and impact of the CRPD. It examines the currently available jurisprudence of the CRPD Committee and the European Court of Human Rights (ECtHR) in light of the CRPD, seeking to identify the rights that are particularly related to the concept of dignity through the perspective of disability and to identify the requirements of the respect for dignity for persons with disabilities. While accepting the limitations of the sources in this examination due to the recent history of the CRPD, the study nevertheless locates some points where human dignity has particular relevance to the realisation of the rights protected in the CRPD.

scholarly journals Science communication as a preventative tool in the COVID19 pandemic

2020 ◽  
Vol 7 (1) ◽  
Author(s):  
Gagan Matta
Keyword(s):  
Science Communication ◽  
Empirical Studies ◽  
Behavioural Change ◽  
Hygiene Practices ◽  
Linguistic Barriers ◽  
Technological Developments ◽  
History Of ◽  
Major Factors ◽  
And Control ◽  
The Impact

AbstractHumans have witnessed epidemics and pandemics periodically throughout history. Often, such infectious outbreaks have resulted in entire civilisations struggling against possible extinction. Despite recent clinical advancements and technological developments, issues of neglected sustainability and lax health hygiene practices, among others, have provided a context for the emergence of the COVID19 pandemic. Against such a backdrop, scientific communication using diversified tools could play a significant role in efforts towards preparedness and control, as well as the initiation of immediate remedial measures in the fight against epidemics and pandemics. These tools could help to increase understanding of the scientific solutions to minimise the outbreaks of infectious diseases, thereby strengthening societal immunity. This paper considers the history of epidemics/pandemics to draw attention to their occurrence, effects and potential impacts on human societies. In addition, it defines the major factors underpinning the various infectious outbreaks over the last three decades. Constructive preparation and preventative stages for authorities, scientists and researchers to check and diminish the impact of epidemics and pandemics during and post-outbreak are suggested while focusing on the need for science communication in the healthcare system. The paper also reviews recent empirical studies and WHO guidelines. Communication through appropriate communicators may help cut through the noise, share facts and boost confidence in science and governance. The impact of science communication on the interplay between government–expert–public or society could help promote positive behavioural change as well as overcome linguistic barriers.

3. From Munich to Berlin (via Weimar)

2019 ◽  
pp. 21-39
Author(s):  
Jane Caplan
Keyword(s):  
Nazi Party ◽  
National Socialist ◽  
Elite Politics ◽  
The Core ◽  
Popular Appeal ◽  
History Of ◽  
Post War ◽  
The Impact

The ‘Nationalsozialistische Deutsche Arbeiterpartei’ (National Socialist German Workers’ Party), was a product of the new political and social universe of post-war Germany. ‘From Munich to Berlin (via Weimar)’ traces the history of the NSDAP from its early base in Munich to the appointment of Hitler as chancellor in January 1933, paying particular attention to the party’s regional base. It explains the popular appeal of the Nazi party beyond the core of believers; the impact of the Depression; and the crisis of elite politics that brought the party to power.

scholarly journals Governing Through Harm to Promote Liberal Values: The Canadian Approach to Obscenity and Indecency Following R. v. Labaye

2011 ◽  
Vol 36 (4) ◽  
pp. 283-312
Author(s):  
Kirsten Kramar ◽  
Richard Jochelson
Keyword(s):  
Supreme Court ◽  
Expert Opinion ◽  
Political Values ◽  
The Core ◽  
Proper Functioning ◽  
Societal Norms ◽  
The Supreme Court ◽  
History Of ◽  
The Impact

This paper traces the history of the Supreme Court of Canada’s construction of harm(s) tests in the context of its obscenity and indecency jurisprudence from Hicklin (1868) through Labaye (2005). At the core of these tests is a functionality linked to presumptive societal norms. The contemporary harm assemblages are risk-based, and concern the maintenance of cohesion, organized in relation to the impact of obscenity or indecency on abstract political values rather than concretized sexual subjects. What is more, the Labaye Court has constituted an expanded harms-based test which reifies risk of harm as tantamount to proven harm while propagating the nimble lie that Courts are required to rely on expert opinion evidence of harm, when the Courts, in fact, rely on their own judgment. Ultimately, the Court is still concerned in the main with the proper functioning of society, targeting those whose conduct is deemed harmful to a particular view of society.

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