Introductory Note

Author(s):  
John G. Merrills

In 2016 the ICJ gave five judgments and made two significant orders. All five judgments concerned various issues of jurisdiction, while the orders concerned respectively the appointment of experts and provisional measures of protection. Three new cases were begun in 2016. These related to the status and use of a river, the alleged immunity of a minister and the legal status of an embassy building, and the alleged violation of a treaty between Iran and the United States. The Court was also able to hold public hearings on the preliminary objections in one case with a view to giving judgment in 2017. The Court's record in 2016 underlines the importance of jurisdictional issues in its work and shows that states continue to value its assistance in resolving their disputes peacefully.

Author(s):  
Игорь Ирхин ◽  
Igor Irkhin

This monograph comprehensively examines the constitutional and legal status of territories with a special status within the Federal States in the context of the Institute of territorial autonomy. The study is based on the experience of constitutional and legal regulation of the status of Autonomous districts in the "composite subjects" of the Russian Federation, administrative-territorial units with a special status in the constituent entities of the Russian Federation, Autonomous districts in India, Nunavut territory in Canada, unincorporated territories of the United States This monograph is one of the first works in the domestic jurisprudence, in which the study was conducted from the perspective of territorial autonomy. The publication is intended for researchers, postgraduates and students, all readers interested in constitutional (public) law, theory of state and law.


1944 ◽  
Vol 38 (1) ◽  
pp. 50-73
Author(s):  
Egon Schwelb

It is proposed to deal in this article with the English law concerning the legal status of the United States forces present in the territory of the United Kingdom of Great Britain and Northern Ireland during the present war. The history of, and the controversies regarding, the legal position of friendly armed forces on foreign territory in international law remain outside of the scope of the present survey, which is devoted to the municipal aspect of the matter. In order, however, to give a picture of the whole body of English law applicable to the American forces we shall include a few remarks on the development of the question in English municipal and British imperial law, and it will also be necessary to compare the provisions concerning the United States forces with those regulating the status of the other allied and associated forces at present stationed in the British Isles, as well as with the provisions regarding visiting Dominion troops. As will be seen later there has been a certain amount of interdependence between international and interimperial relations with regard to the legal problem with which we are concerned.


Law and World ◽  
2019 ◽  
pp. 7-13
Author(s):  
William Watkins

Who is to decide? This is the fundamental question facing a democratic republic. A separation of powers is widely accepted in western democracies with legislatures making laws, executives implementing the law, and judges interpreting and applying laws to actual cases and controversies brought before them. But when does the judicial role depart from judging and impermissibly lurch into the realm of policymaking which most people agree is a legislative function? This article examines such questions in reference to recent experience in the Republic of Georgia and the United States regarding the legal status of marijuana. In both countries courts and legislatures have taken decisive and controversial actions regarding the status of cannabis in society. But in so doing, have the judicial and legislative branches respected separation-of powers-principles, or have the lines been the two branches become blurred?


1998 ◽  
Vol 14 (1) ◽  
pp. 62-70 ◽  
Author(s):  
Richard H. Dana

This paper describes the status of multicultural assessment training, research, and practice in the United States. Racism, politicization of issues, and demands for equity in assessment of psychopathology and personality description have created a climate of controversy. Some sources of bias provide an introduction to major assessment issues including service delivery, moderator variables, modifications of standard tests, development of culture-specific tests, personality theory and cultural/racial identity description, cultural formulations for psychiatric diagnosis, and use of findings, particularly in therapeutic assessment. An assessment-intervention model summarizes this paper and suggests dimensions that compel practitioners to ask questions meriting research attention and providing avenues for developments of culturally competent practice.


2019 ◽  
Vol 16 (3) ◽  
pp. 361-368
Author(s):  
Stephanie Jean Kohl

Caught between abusive partners and restrictive immigration law, many undocumented Latina women are vulnerable to domestic violence in the United States. This article analyzes the U-Visa application process experienced by undocumented immigrant victims of domestic violence and their legal advisors in a suburb of Chicago, United States. Drawing on theoretical concepts of structural violence and biological citizenship, the article highlights the strategic use of psychological suffering related to domestic violence by applicants for such visas. It also investigates the complex intersection between immigration law and a humanitarian clause that creates a path towards legal status and eventual citizenship.


Author(s):  
Alexandra Délano Alonso

This chapter demonstrates how Latin American governments with large populations of migrants with precarious legal status in the United States are working together to promote policies focusing on their well-being and integration. It identifies the context in which these processes of policy diffusion and collaboration have taken place as well as their limitations. Notwithstanding the differences in capacities and motivations based on the domestic political and economic contexts, there is a convergence of practices and policies of diaspora engagement among Latin American countries driven by the common challenges faced by their migrant populations in the United States and by the Latino population more generally. These policies, framed as an issue of rights protection and the promotion of migrants’ well-being, are presented as a form of regional solidarity and unity, and are also mobilized by the Mexican government as a political instrument serving its foreign policy goals.


2021 ◽  
pp. 003232172110205
Author(s):  
Giulia Mariani ◽  
Tània Verge

Building on historical and discursive institutionalism, this article examines the agent-based dynamics of gradual institutional change. Specifically, using marriage equality in the United States as a case study, we examine how actors’ ideational work enabled them to make use of the political and discursive opportunities afforded by multiple venues to legitimize the process of institutional change to take off sequentially through layering, displacement, and conversion. We also pay special attention to how the discursive strategies deployed by LGBT advocates, religious-conservative organizations and other private actors created new opportunities to influence policy debates and tip the scales to their preferred policy outcome. The sequential perspective adopted in this study allows problematizing traditional conceptualizations of which actors support or contest the status quo, as enduring oppositional dynamics lead them to perform both roles in subsequent phases of the institutional change process.


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