Juvenile Justice

2017 ◽  
Author(s):  
Asha Bajpai
Keyword(s):  
Civil Society ◽  
Juvenile Justice ◽  
United Nations ◽  
International Law ◽  
Law Reform ◽  
Child Victims ◽  
Present Stage ◽  
Alternative Care ◽  
Need Of Care ◽  
History Of

This chapter deals with those children in especially difficult circumstances that are vulnerable, marginalized, destitute, and neglected and deprived of their basic rights. It commences with a history of the Juvenile Justice legislation in India right from the Children’s Act of 1960s to the current Juvenile Justice (Care and Protection of Children) Act, 2015. The barriers faced in the administration and implementation of the Juvenile Justice legislation throughout its evolution to its present stage is discussed in detail. How the law deals with children in need of care and protection and children in conflict with law are discussed in this chapter. Landmark judgements by courts and suggestions for further law reform are included. This chapter also contains international law relating to administration of juvenile justice, and United Nations guidelines in matters in matters involving child victims and witnesses of crime including UN Guidelines on Alternative Care of Children. Some civil society interventions are also included.

scholarly journals Diplomatic protection in international law and the United Nations

2013 ◽  
pp. 667-681
Author(s):  
Bojan Milisavljevic
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Customary Law ◽  
Diplomatic Protection ◽  
History Of ◽  
The United Nations ◽  
International Law Commission ◽  
The Impact ◽  
Law Commission

The paper deals with the issue of the diplomatic protection in international law and its development through the history of the international community. In this sense, the author investigates the practice of states regarding the application of diplomatic protection and the steps taken by the International Law Commission of the United Nations on the codification of this area. In 2004 International Law Commission adopted at first reading a full set of draft articles. In this paper is presented judicial practice, especially of the International Court of Justice, in the field of diplomatic protection in order to evaluate whether the approach of the Court to diplomatic protection has become more human-rights oriented in the last few years. Author presents the development of customary law rules relating to diplomatic protection and its transition into a whole system of rules through the work of the International Law Commission. In this sense, these are the basic stages in the codification of rules on diplomatic protection and the United Nations contribution to the protection of the rights of foreign nationals. This article points the development of universal and regional mechanisms to protect human rights and highlights the impact of those mechanisms on traditional measures of diplomatic protection.

A Radical Transformation?

2021 ◽  
pp. 13-30
Author(s):  
Rotem Giladi
Keyword(s):  
Foreign Policy ◽  
United Nations ◽  
International Law ◽  
Jewish History ◽  
Foreign Affairs ◽  
Law Reform ◽  
Political Experience ◽  
Modern Jewish History ◽  
Post War ◽  
Radical Transformation

The Introduction notes the tendency of international law and Jewish history scholars to read the international law engagement of Jewish scholars as a cosmopolitan project yet limit inquiry to the period preceding Israel’s establishment and the ‘sovereign turn’ in modern Jewish history; as well as the emphasis, in scholarship on Israel’s foreign policy, on the ‘Jewish aspect’ of the Jewish state’s international outlook. Against this backdrop, the Introduction presents the object, scope, and underlying argument of the book: a study of Israel’s early ambivalence towards three post-war international law reform projects, at the United Nations arena, given voice by two Ministry of Foreign Affairs legal advisers. The Introduction points to ideology as the force driving the protagonists’ ambivalence towards international law. It argues that how Jacob Robinson and Shabtai Rosenne approached international law was determined by pre-sovereign sensibilities expressing the creed of the Jewish national movement and its political experience.

Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Qatar v. United Arab Emirates): So Far, So Good?

2020 ◽  
Vol 34 (4) ◽  
pp. 387-407
Author(s):  
Udoka Ndidiamaka Owie
Keyword(s):  
United Nations ◽  
International Law ◽  
Racial Discrimination ◽  
United Arab Emirates ◽  
International Court Of Justice ◽  
International Convention ◽  
Court Of Justice ◽  
International Court ◽  
History Of ◽  
The United Nations

Abstract International law has a long history of dealing with racial discrimination, including its involvement in the perpetration of racial discrimination. However, in establishing a body of norms to tackle the problems of racial discrimination, several multilateral instruments have been adopted under the auspices of the United Nations addressing this malaise to various extents with the most extensive being the International Convention on the Elimination of All Forms of Racial Discrimination (CERD) of 21 December 1965. While lauded for its singular and dedicated focus on racial discrimination, the Convention is challenged, at least interpretatively, as to the grounds for racial discrimination within its remit. Events occurring between Qatar and the United Arab Emirates on 5 June 2017 have afforded the International Court of Justice as the principal judicial organ of the United Nations, an opportunity—the third since the coming into effect of the Convention—to interpret this landmark treaty.

scholarly journals Shaping Indigenous Self-Determination: Promising or Unsatisfactory Solutions?

2011 ◽  
Vol 13 (4) ◽  
pp. 413-436 ◽  
Author(s):  
Mauro Barelli
Keyword(s):  
United Nations ◽  
International Law ◽  
Indigenous Peoples ◽  
Self Determination ◽  
Straightforward Manner ◽  
History Of ◽  
United Nations Declaration ◽  
The Right ◽  
Right Of Self Determination ◽  
Do So

AbstractThe right of peoples to self-determination represents one of the most controversial norms of international law. In particular, two questions connected with the meaning and scope of this right have been traditionally contentious: first, who constitutes a ‘people’ for the purposes of self-determination, and, secondly, what does the right of self-determination actually imply for its legitimate holders. Against this unsettled background, the 2007 United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) affirmed, in a straightforward manner, that indigenous peoples have the right to self-determination. In light of the uncertainties that were mentioned above, it becomes necessary to clarify the actual implications of this important recognition. This article will seek to do so by discussing the drafting history of the provision on self-determination contained in the UNDRIP and positioning it within the broader normative framework of the instrument.

1 Historical Development of the Law of the Sea

2015 ◽  
Author(s):  
Treves Tullio
Keyword(s):  
Twentieth Century ◽  
United Nations ◽  
International Law ◽  
Historical Development ◽  
Law Of The Sea ◽  
The Third ◽  
History Of ◽  
Historic Development ◽  
The Law ◽  
Early Phases

This chapter highlights, in the historic development of the law of the sea, the roots of the law as it currently stands and the questions still open today. It considers the early phases of the evolution of the law of the sea up to the end of the nineteenth century followed by, in more detail, developments that took place in the twentieth century up until the Third United Nations Conference on the Law of the Sea. This fundamental event in the history of the law of the sea in the twentieth century is the basis of the international law of the sea of today, and is dealt with in subsequent chapters of this Handbook.

Right to Family Environment

2017 ◽  
Author(s):  
Asha Bajpai
Keyword(s):  
Foster Care ◽  
Juvenile Justice ◽  
International Law ◽  
Family Environment ◽  
Family Type ◽  
Law Reform ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Institutional Services ◽  
The Right

Institutionalization of children has to be the last resort. It is the right of a child to a family or in the alternative to family type non-institutional services, such as adoption, foster care, and sponsorship. This chapter commences with tracing the evolution of adoption in history, mythology, and religion. It critically examines Indian adoption laws, such as the Hindu Adoption and Maintenance Act, 1956, the Guardians and Wards Act, 1890, the Provisions in the Juvenile Justice Act, 2015, and the CARA guidelines and Procedures, 2015. Select judgements of the courts in India on adoption and surrogacy is also included. Surrogacy Regulation Bill, 2016 is discussed. International law, instruments, and protocols relating to adoption and surrogacy in some other countries are dealt with. It suggests law reform in the areas of adoption and surrogacy. A brief description of non-governmental organizations, government initiatives, programmes, and schemes dealing with non-institutional services are included.

All’s Well That Ends Well. Or Is It? More on the Publications of the International Court of Justice

1990 ◽  
Vol 84 (2) ◽  
pp. 586-592
Author(s):  
Shabtai Rosenne
Keyword(s):  
United Nations ◽  
International Law ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
History Of ◽  
The Subject ◽  
The United Nations ◽  
American Society ◽  
Advisory Opinions

In 1987 I drew attention to a report published in 1986 by a member of the Joint Inspection Unit (JIU) of the United Nations, recommending a number of changes, some of them fundamental, in the presentation by the International Court of Justice of its judgments and advisory opinions. I indicated the principal objections that the Court had expressed on those recommendations, and pointed out that the implementation of some of them could constitute violations of the Charter, of which the Statute of the Court is an integral part. The matter was also the subject of a resolution adopted on April 9, 1987, by the American Society of International Law, reproduced in part in note 30 on page 695 of my Note. It is now possible to bring the story up-to-date and close an unfortunate chapter in the history of the Joint Inspection Unit.

International Peoples’ Tribunals in Asia: Political Theatre, Juridical Farce, or Meaningful Intervention?

2013 ◽  
Vol 4 (1) ◽  
pp. 103-124 ◽  
Author(s):  
Gabrielle SIMM ◽  
Andrew BYRNES
Keyword(s):  
Civil Society ◽  
International Law ◽  
International Organizations ◽  
Transnational Corporations ◽  
Political Theatre ◽  
History Of ◽  
International Tribunals ◽  
The 1960S ◽  
The Right

Since the 1960s, over eighty international peoples’ tribunals have been established outside formal state and international structures. Many have drawn on the forms and procedures of state-sponsored international tribunals and investigated whether states, international organizations, and transnational corporations have violated established norms of international law, while also seeking to infuse it with more progressive values. This paper first provides an overview of the history of international peoples’ tribunals in Asia, then examines three tribunals that have focused on situations in Asia. We argue that not only do peoples’ tribunals respond to a perceived gap in official structures of accountability, but they also perform other functions. These include building solidarity and networks, and recording and memorializing otherwise unacknowledged experiences. Further, such tribunals not only engage in holding states and others accountable informally but also articulate claims about the right of civil society to “own”, interpret, and develop international law.

Transitional (In)Justice: An Exploration of Blanket Amnesties and the Remaining Controversies Around the Spanish Transition to Democracy

2015 ◽  
Vol 43 (2_3) ◽  
pp. 75-135
Author(s):  
Alexandra García
Keyword(s):  
United Nations ◽  
International Law ◽  
Transition To Democracy ◽  
Authoritarian Regime ◽  
Crimes Against Humanity ◽  
Spanish Transition ◽  
Successful Transition ◽  
Criminal Offenses ◽  
History Of ◽  
Jus Cogens

“Blanket amnesties” have generally been declared to be incompatible with international law due to the fact that they shield perpetrators of serious crimes from accountability as well as conflict with established principles regarding the applicability of statutory limitations to certain criminal offenses. The repeal of theFull StopandDue Obediencelaws in Argentina set a crucial precedent in the process toward the abrogation of legislation leading to impunity for those responsible for grave violations ofjus cogens.Additionally, permitting the prosecutions of Nazi officers Klaus Barbie and Erich Priebke in Europe confirmed the customary principle of the non-applicability of statutory limitations to crimes against humanity. However, for nearly 40 years, Spain's amnesty legislation continues to preclude any investigation or prosecution of the crimes committed during the civil war (1936–1939) and the Francoist regime (1939–1975). Spain's 1977 Amnesty Act has been widely characterized as a blanket amnesty and remains in force today despite allegations of noncompliance with international law and numerous requests from United Nations bodies to repeal it. This article explores the history of Spain's 1977 Amnesty Act, compares and contrasts it with other nations with similar amnesties, and makes the case that a successful transition from an authoritarian regime to a peaceful democracy is feasible without the use of overly broad “blanket” amnesties.

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