Abandoning Gender “Identity”

International instruments fail to specify the meaning of gender identity. Yet gender identity has been invoked as a prohibited ground of discrimination, particularly in cases concerning trans persons. Trans existences fall outside the expectation of a correspondence between sex and gender. “Trans” is an umbrella term referring to people who do not identify with the sex attributed to them at birth. This broad definition encompasses pre-operative and post-operative transsexuals, as well as persons who have not undergone any medical intervention and do not conform to the social norms of expression and self-identification imposing the binary. Regional conventions do not define the concept of gender identity either. Documents issued by the United Nations (UN) and regional human rights bodies frequently rely on the category, without any clear explanation of the notion, or of what makes gender identity different from gender as such. Relying on Lacanian psychoanalysis, this essay argues that gender is an identity per se and challenges international law's treatment of gender and gender identity as distinct categories. Underlying this essay is the view that questioning the shape that the law gives to “gender identity” is the preliminary step to evaluating what protections human rights law can or cannot offer to individuals.

Milestones in Nuclear Law: A Journey in Nuclear Regulation

The development of the nuclear legal framework has been an interesting journey reflecting a commitment to addressing the key aspects of the peaceful uses of nuclear energy through a variety of approaches using both binding treaties and conventions and non-binding codes and guidance. This complex framework of hard and soft law instruments has developed in response to action forcing events. Future development of the legal regime will be aided by greater harmonization and commitment to ensuring that institutions at an international and national level are transparent and willing to engage in constructive interaction with stakeholders. Legal advisers will continue to play an important role in assisting policy makers and technical experts in crafting comprehensive and effective approaches to further development of the framework for nuclear energy and its regulation. In those deliberations a number of key elements should be highlighted. This chapter suggests that elements are stakeholder trust, strong institutional capacity, and integration of international instruments and standards at national levels.

Housing as a Human Right within an Era of International Exceptionalism

The right to adequate housing is an internationally recognized human right, yet it has been incontrovertibly desecrated by a lack of recognition, disproportionately affecting vulnerable groups. Economic, social, and cultural rights have encountered many challenges in an ever-increasing era of international exceptionalism and challenges arise in the protection of these rights. The right to housing is achieved in two ways: as a normative right and as a derivative right encompassed within economic, social, and cultural rights. This article introduces: (1) the normative development of economic, social, and cultural rights as recognized human rights, and their regulatory implementation through international instruments; (2) the concept of individuals as right-holders and duty-bearers of economic, social, and cultural rights; (3) understanding how the restriction of the right to housing leads to the violation of other human rights, including (a) the right to life, (b) the right to freedom from discrimination, and (c) the right to humane treatment – and the types of vulnerable groups that face the most discrimination, such as indigenous persons and women; and (4) protection against forced evictions, through an examination of the jurisprudence of the Inter-American System, European Court of Human Rights, and African Court on Human and Peoples’ Rights.

The Legal Status of “Migrants” according to the European Union Legislation

Given that “migration” is a global phenomenon, the international community as a whole had to provide it with a legal basis and to find global solutions, as proven à l’évidence by both the international and the European legislation and the “Global Compact for Migration” approved by the European Council. As is well known, the European Union legislation consists of the texts of its official instruments, such as conventions, treaties, declarations, etc., in which we also find, in fact, the principles stated in the international instruments, which have, indeed, the force of jus cogens for all the states of the world, concerning the universal human rights, including, thus, the rights of the migrants. However, even in terms of their policy regarding migrants, the member states of the European Union have not only applied the principles stated in these international instruments, but they also have enacted a special legislation, and they have taken concrete measures for the implementation of its rules. In the present article I offer the reader the possibility to become acquainted not only with the text of the legislation of the European Union regarding migrants, but also with the policy and the actions taken by the European states for the implementation of the international legislation, and of the European one regarding the social rights of the migrants as workers.

International legal guarantees for the realization of human and citizen rights to environmental information

In the article considered guarantees of the right on access to ecological information fixed in international legal documents. Also made a research on state of implementation such international instruments in national Ukrainian legislation, separate legal instruments of realization the right to get ecological information. Made examples of successful defence of the broken right on access to ecological information. In order to exercise the right to information, it is important not only to have the norms enshrined in the legislation, but also the system of guarantees and opportunities for their implementation, which should be provided by public authorities. International legal documents establish only general approaches to the protection of rights, and their further development and consolidation is undoubtedly entrusted to national authorities. The analysis of the current national legislation allows to state that in general the international legal norms have found the reflection in national regulatory legal acts. However, over time, approaches to understanding environmental information, expanding its list, the subjects who have the right to receive it, so work in this direction should continue in order to increase the possibility of exercising the right of access to such information. Keywords: ecolaw, right on access to ecological information, guarantees of right on access to ecological information, international guarantees of right on access to ecological information

Particularities of the Legal Framework for the Mexican Emissions Trading System

This paper examines the legal bases for the mandatory regulation of the emissions trading system in Mexico. They are derived from the main international instruments on climate change: the United Nations Framework Convention on Climate Change (UNFCCC) and its ambitious objective, the quantifiable commitment of the Kyoto Protocol, and its tie to economic instruments. The Paris Agreement, the Nationally Determined Contributions (NDCs) and the market mechanisms regulated in Article 6, the implementation of which is essential to achieve the Agreement’s objectives are also part of this broad system. Legally, the international foundations of the emissions trading system are reflected at the national level. For these, the constitutional and legal bases underpin the current regulation of the mandatory market instrument. It aims to effectively reduce, in terms of costs, the greenhouse gas emissions from the most polluting economic activities, without replacing direct control measures. The core aspects of this system are highlighted from a national regulatory analysis, with special emphasis on the importance of a limited cap and its future reduction, as well as the legal nature of allowances that are allocated by the public administration to the regulated industries’ facilities.

Impact of South African migration policies on the migrants’ quality of life and the role of social work

This paper discusses the impact of South African migration policies on the migrants’ quality of life. It does that with a particular focus on the Bill of Rights as contained in the Constitution of the Republic of South Africa. This is followed by a discussion on the role of social work in addressing any shortcomings that arise as a result of the implementation of the migration policies. This paper is primarily a desk study involving rigorous literature review on migration and relevant South African policies and international instruments. Theoretically, the ecosystems perspective is adopted to support and guide discussions in this paper. The discussions in this paper reveal that the South African migration policies do contribute towards the quality of life of the migrants, however, the challenges emanate from the implementation stage. It is from this understanding that various social work roles are discussed in order to help address the identified challenges.

Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition

This article gives an overview of the thrust and core provisions of the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition 20 years after its adoption. It examines the interlinkages between illicit firearms trafficking and other crimes and the ability of the Firearms Protocol to address these threats, as well as its ties to other international instruments in this area and existing challenges and responses in its implementation.