scholarly journals Contribution of the Reims School to the Debate on the Critical Analysis of International Law: Assessment and Limits

2011 ◽  
Vol 22 (3) ◽  
pp. 649-661
Author(s):  
M. Chemillier-Gendreau
2012 ◽  
Vol 43 (4) ◽  
pp. 547 ◽  
Author(s):  
Christopher Foulkes

This article critically analyses the Immigration (Mass Arrivals) Amendment Bill 2012 currently before Parliament, which purports to deal with the potential mass arrival by sea of asylum seekers. The article first sets the legislation in its domestic and international law context as well as empirically comparing the changes with those recently enacted in Canada and Australia. The purported purposes of the legislation are examined by the article and it is seen that each of these are fraught with legal difficulties. Four major substantive changes the Bill would introduce are then outlined. In relation to the purposes of the legislation, New Zealand's domestic and international legal framework, and in comparison with similar regimes in Australia and Canada, this article concludes that the proposed New Zealand legislation is questionable in terms of both purpose and likely efficacy.


2018 ◽  
Vol 3 (1) ◽  
pp. 17-25
Author(s):  
Shahroze Khan

This paper will examine whether the mainstream accusation of Israel being an apartheid state has some validity to it and if so, to what extent. In doing so, it will help build upon the already present political literature surrounding the Israeli-Palestinian conflict, while presenting a different perspective in the context of apartheid. Specifically, this paper analyzes the historical creation of Israel and how that directly set the tone for the inequalities present in the state today. In this regard, I rely on two case studies, which help determine whether Israel really qualifies as apartheid, so to speak, in terms of international law. Moreover, I present a rebuttal to my thesis and attempt to foil it.


2014 ◽  
Vol 8 (1) ◽  
Author(s):  
MARIESTHER B. VEDAÑA

Trafficking in persons refers to any kind of human exploitation with or withoutconsent of the victim. Prior to the UN’s Trafficking Protocol in 2000 almost allof the States did not have a particular law specifically defining and addressingtrafficking in persons. The paper aims to analyze how the Philippines has compliedwith the provisions of the UN Trafficking Protocol through the discussion of itsprovisions and the minimum standards stated in the related provisions of the USTrafficking Victims Protection Act (TVPA) and the pertinent provisions of R.A.No. 9208 Philippine Law on Trafficking. The effectivity of the implementation ofthe Philippine Trafficking law as shown in the reports of the Inter-Agency CouncilAgainst Trafficking in Persons (IACAT) in the Philippines and the reports of theUS State Department shall also be discussed. The researcher analyzed descriptivelythe legal documents and data gathered. The results showed the Philippines has not been fully complying to the provisions and standards set forth in the UNTrafficking Protocol and the TVPA. It is therefore, necessary for the Philippinesto show not just efforts to eradicate trafficking but also take further action on the same.Keywords: Trafficking in persons laws, UN Trafficking Protocol, content analysis,Philippines


2015 ◽  
Vol 12 (2) ◽  
Author(s):  
Alexandre Guerreiro

Com o presente artigo é proposta a análise à crescente prática, no âmbito da luta contra o terrorismo, de execuções seletivas por alguns Estados, no que diz respeito à sua legalidade e licitude. Para este efeito, é feito um enquadramento histórico-político genérico da evolução da adoção de condutas que visam a concretização de execuções seletivas e outro de âmbito jurídico alusivo às situações em que um Ser Humano pode ser privado da vida. Deste modo, e com base na análise das normas internacionais em vigor, da jurisprudência mais relevante e também da doutrina que ou se pronuncia sobre o assunto ou contribui para a presente investigação, são dissecadas as duas atuais teses de conflitos armados e o terceiro modelo que tem vindo a ser reivindicado por um número residual de Estados como forma de legitimarem um quadro de supressão de todos os direitos básicos de pessoas de quem se suspeita estarem envolvidas em atos de terrorismo (concretizados ou a concretizar). Assim, é desenvolvida uma análise crítica no decorrer do artigo que concluirá que as execuções seletivas em contexto de luta contra o terrorismo constituem práticas ilícitas e violam o Direito Internacional propondo-se, como alternativa, que os terroristas sejam integrados no conceito de civil, qualidade esta que perdem se estiverem preenchidos cinco requisitos. (With the present article it is suggested an assessment to legality and lawfulness of the growing international practice of targeted killings, most of them justified within the context of the fight against terrorism by different countries. To this end, it is made a general historical and political framework regarding the evolution of the adoption of actions concerning targeted killings as well as the legal context according to which a person can be deprived of his/her life. Thereby, and considering the standards laid down in international law rules currently in force and also the most relevant jurisprudence and doctrine that deal with the present subject or that, at some extent, provide important means to support the present research, the two current official models of armed conflicts are dissected on this article. The same goes to the third model which is supported by a minimum number of States and takes into account the elimination of all basic rights to persons suspect of being involved in terrorist acts (committed or to be committed). Thus, a critical analysis is set along the present article which will come to the conclusion that targeted killings are unlawful and, consequently, contravene international law. Therefore, an alternative is suggested according to which terrorists shall be considered civilians unless five requirements are met.)


Author(s):  
Syafiq Sulaiman ◽  
Salawati Mat Basir ◽  
Abdul Majid Hafiz Mohamed ◽  
Muhammad Afiq Ahmad Tajuddin

This article examines two questions: first, whether the Malaysian law regarding admission of asylum-seekers into its territory is consistent with international law, and second, whether the asylum-seekers who are already residing in Malaysia can be deported back to their places of origins. In answering these questions, this article analyses the legal aspects of the right to seek asylum under international law and its relation to the rule on non-refoulement. Additionally, it also examines the relevant provisions in the Malaysian legislations that regulate the admission of non-citizens into the country. This study is doctrinal legal research which is qualitative. The data used in this research was collected from library-based resources. These data were then analysed by using methods of content analysis as well as critical analysis. The article found that there are inconsistencies between international law and Malaysian law in matters concerning asylum-seeker’s admission and those asylum-seekers in Malaysia should not be deported. Therefore, this study suggests that Malaysia should amend the provisions in the Immigration Acts 1959/1963 and the Passports Act 1966. However, if the amendment of these legislations is not practical, it suggests that the Minister in charge of immigration affairs to make an order of exemption to the asylum-seekers so that their entry at the border would not be denied. This article shows that despite states’ firm belief that they are entitled to use domestic law to deny the admission of asylum-seekers into their territory, international law provides a few mechanisms to remedy the legal loopholes.


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