Seeking across National Boundaries: Judicial Impartiality, the Prosecutorial Role and the Right to Counsel

Author(s):  
Madeleine Herren

Abstract This contribution argues that the right of access to extraterritorial jurisdiction shaped privilege-based communities across national borders. It discusses extraterritoriality as a legal framework that enabled and shaped the building of communities of foreigners from many different backgrounds. Extraterritoriality – counterintuitively – amalgamated and strengthened a community through that very diversity. This was precisely why that community of foreigners – specified as the odd ones out – understood itself as a social unit across national boundaries, loosening and even contesting its affiliation to a specific nation and/or empire.


2020 ◽  
Vol 16 (1) ◽  
Author(s):  
Leigh A. Payne ◽  
Andreza Aruska de Souza Santos

Who is entitled to have rights? This essay examines how right-wing movements attempt to prevent individuals, especially women and members of LGBT groups, from accessing equal rights through the use of terms such as “moral worth” and “family values.” At the core of our discussion of the backlash against social rights in Latin America is the need to compare and contrast the case examined here with similar movements outside the region. The vast enterprise of studies on right-wing movements in Western Europe rarely travels outside a few national boundaries. Eastern Europe and the United States are occasionally included. For the most part, right-wing movements are not seen as comparable. Sometimes the reason for excluding Latin America is expressly stated, particularly because the historical experiences are so distinct—for example, the long duration of personal or military dictatorships. Interpretations of right-wing movements in Latin America by scholars outside the region tend to view them as associated with the period of authoritarian rule in the 1970s and 1980s or misunderstand them as having little impact on political life (Meyer and Staggenborg 1996, 1630). Analysis within the region has tended to focus on right-wing political parties, religious groups, or the military (Fortes 2016, Goldstein 2019; Hunter 1997; Luna and Rovira 2014). There are few studies of right-wing movements comparing regions. Latin America is thus seen as largely irrelevant to the comparative study of right-wing movements.


2001 ◽  
Vol 175 ◽  
pp. 85-94 ◽  
Author(s):  
Heather Rolfe

The right of European citizens to work in other member states has been in place for many years, yet levels of movement have been lower than expected. Employers play a central role in facilitating mobility, by recruiting across national boundaries and transferring staff. Their practices are therefore likely to have a considerable impact on the extent of movement, and on the type of employees involved. This article explores the practices of employers in the chemicals industry, a key sector of the European economy. The focus of the research, which was commissioned by the European Centre for the Development of Vocational Training (CEDEFOP), was on the recruitment and transfer practices of employers, and their treatment of ‘foreign’ qualifications. The article identifies the range of approaches found in the industry and presents some of the main issues to employers in relation to recruitment and transfer across member states.


2019 ◽  
Vol 41 (5) ◽  
pp. 622-637
Author(s):  
Uriel Abulof

The right of peoples to self-determination lies at the heart of the modern quest for statehood. This century-old principle warrants a world of true nation-states, where national boundaries make state borders, not the other way around. I argue, however, that the concept of ‘self-determination’ has been effectively (ab)used to foil, rather than foster, its original goal, and explain why and how this paradox transpired. In theory, self-determination is a potent ‘speech-act’: by uttering, en masse, their demand for self-determination, people(s) can change their politics, even create new states. In practice, however, powerful actors have tried to tame self-determination – by appropriating this right from the peoples, and delimiting its applicability to oppressed, non-ethnic communities and to substate solutions. In the tradition of conceptual history, this paper traces the dialectal process through which ‘self-determination’ evolved, from its Enlightenment inception, through its communist politicization, to its liberal universalization and its current predicament.


Author(s):  
Iñigo García-Bryce

Like Fidel Castro and Che Guevara, Peruvian Víctor Raúl Haya de la Torre (1895–1979) was one of Latin America’s key revolutionary leaders, well known across national boundaries. This political biography of Haya chronicles his dramatic odyssey as founder of the highly influential anti-imperialist American Popular Revolutionary Alliance (APRA), as a political theorist whose philosophy shifted gradually from Marxism to democracy, and as a seasoned opposition figure repeatedly jailed and exiled by his own government. A genius of political propaganda, he created a transnational party. Haya rejected foreign ideologies and identified the Mexican Revolution as a grassroots movement to be replicated throughout Latin America. While living in hiding, he organized what became Peru’s longest lasting political party. The book spotlights Haya’s devotion to forging populism as a political style applicable on both the left and the right, and to his vision of a pan-Latin American political movement. A great orator who addressed gatherings of thousands of Peruvians, Haya fired up the Aprismo movement, seeking to develop "Indo-America” by promoting the rights of the middle class, Indigenous peoples as well as laborers and women. Steering his party toward the center of the political spectrum through most of the Cold War, Haya was narrowly elected president in 1962—but he was blocked from assuming office by the military, which played on his rumored homosexuality. Even so, Haya’s forging of a uniquely Latin American political ideology makes him an enduring figure with a legacy across Latin America.


2003 ◽  
pp. 159-176
Author(s):  
Svetislav Taborosi ◽  
Tatjana Jovanic

In this paper, the authors discuss the public-law aspects and institutional arrangements related to the tendency for concentration and centralization as objectively existing processes and circumstances in liberally organized markets. Since this creates individual legal subjects which with their activities could endanger the proclaimed market liberties and the right for competition, there is a public interest to set public-law limitations for such subjects. In that sense, the paper discusses those (vertical and horizontal) contracts between companies which enable the creation of monopolies like in the case of concerns, trusts, cartels and their various conglomerates, including those which surpass national boundaries and function as multinational corporations.


1996 ◽  
Vol 5 (1) ◽  
pp. 10-23 ◽  
Author(s):  
Alexander M. Capron

Physician aid in dying is a broader topic than euthanasia in that the latter usually refers to active euthanasia, while physician assistance also encompasses the issue of assisted suicide. Volumes could be and have been written on physician-assisted death. But my purpose here is to address a specific aspect of the topic: the policy implications with regard to proposed legislation on physician-aided death.Although the title's reference to physician assistance suggests a focus on the role of the professional, what people often take to be most important and at the heart of the topic is the issue of the patient's rights, usually seen as being manifested in four different ways. First is the right to a dignified death, as free from pain and suffering as possible. In crossing national boundaries and preceding the organization of the professions and the creation of societies, this right is viewed as one that ought to be recognized.


2018 ◽  
Vol 12 (3) ◽  
pp. 248-262 ◽  
Author(s):  
Carol Winkler ◽  
Kareem ElDamanhoury ◽  
Aaron Dicker ◽  
Anthony F Lemieux

Images of death and dying in the media around the globe have a symbiotic relationship with nation states as they can bolster state control by defining who has the right to take lives in the interests of the community, by identifying enemies of the state, by demonstrating dominance over enemies, and by lending a moral posture to the state’s war efforts. Previously, the growing corpus of research on media’s display of death and about to die images has focused almost exclusively on media outlets that bolster established states on the global stage. By analyzing 1965 death and about to die images displayed in Dabiq, ISIS’s English-language magazine, and al-Naba’, the same group’s Arabic-language newspaper, this study adds an understanding of the messaging strategies deployed by groups striving to challenge, rather than reinforce, existing national boundaries. The findings suggest that while ISIS adopts some standard media practices, it also utilizes unique and audience targeted approaches regarding the frequency of image use, the identify of the corpses, the display of dead bodies, and the presentation of those responsible for the pictured dead bodies in its media campaign.


Author(s):  
J. Anthony VanDuzer

SummaryRecently, there has been a proliferation of international agreements imposing minimum standards on states in respect of their treatment of foreign investors and allowing investors to initiate dispute settlement proceedings where a state violates these standards. Of greatest significance to Canada is Chapter 11 of the North American Free Trade Agreement, which provides both standards for state behaviour and the right to initiate binding arbitration. Since 1996, four cases have been brought under Chapter 11. This note describes the Chapter 11 process and suggests some of the issues that may arise as it is increasingly resorted to by investors.


2019 ◽  
Vol 42 ◽  
Author(s):  
Guido Gainotti

Abstract The target article carefully describes the memory system, centered on the temporal lobe that builds specific memory traces. It does not, however, mention the laterality effects that exist within this system. This commentary briefly surveys evidence showing that clear asymmetries exist within the temporal lobe structures subserving the core system and that the right temporal structures mainly underpin face familiarity feelings.


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