Development International Law – Part 6

 

Sustainable Development in International and National Law – Edited by Hans Christian Bugge and Christina Voigt
Benjamin J. Richardson
Review of European Community & International Environmental Law
Volume 18, Issue 1, April 2009 p.105-107

THE UN BASIC PRINCIPLES AND GUIDELINES ON THE RIGHT TO A REMEDY AND REPARATION: A LANDMARK OR WINDOW-DRESSING? AN ANALYSIS WITH SPECIAL ATTENTION TO TI-IE SITUATION OF INDIGENOUS PEOPLES
Ellen Desmet
South African Journal on Human Rights
Volume 24, Part 1, 2008 p.71

The growing international responsiveness to the rights of victims materialised in 2005 in the UN Basic Principles and Guidelines on the Right to a Remedy and Reparation for the Victims of Gross Violations of International human rights law and Serious Violations of International humanitarian law (BPGs). Their analysis leads to a nuanced conclusion. On the one hand, the BPGs significantly contribute to strengthening victims’ rights, as they adopt a victim-oriented perspective and provide a structured enunciation of their rights. They may inspire the African human rights system and national states in the development of their jurisprudence and policy on remedies. On the other hand, the expert text has been substantially weakened during the intergovernmental consultations. In some aspects, the BPGs even fall short of their intention to uphold international standards. Looking at the instrument through indigenous peoples’ eyes unveils some specific deficiencies. Particularly regrettable is the reluctance of states to incorporate provisions concerning collective rights, whereas it is essential for indigenous peoples to he able to file a collective claim and receive reparation collectively the challenges for the future he first, in the implementation of the BPGs within national legal systems and second, in a further strengthening of the international norms on victims’ rights, preferably by working towards a binding convention on the rights of victims of all human rights violations.

Softly, Softly Catchee Monkey: Informalism and the Quiet Development of International Space Law
Gérardine Meishan Goh
Nebraska Law Review
Volume 87, Number 3, 2009 p.725

The future role of creditors’ schemes of arrangement in Australia after the rise of voluntary administrations
Rebecca Langley
Company and Securities Law Journal
Volume 27, Number 2, March 2009 p.70

Since the introduction and emergence of the voluntary administration procedure in Pt 5.3A of the Corporations Act 2001 (Cth), creditors’ schemes are used rarely to deal with the affairs of a company in financial difficulty or to effect compromises with creditors. However, creditors’ schemes remain useful in particular circumstances largely due to the limitations of the voluntary administration regime, including the degree of financial difficulty in which a company must find itself before it can make use of the procedure and the unavailability of the provisions to foreign companies. This article explores the scope for the future use of creditors’ schemes in Australia in the aftermath of the development of the voluntary administration procedure by exploring the recent schemes considered by the courts. The cross-border recognition of creditors’ schemes is also contrasted to the cross-border recognition of the voluntary administration procedure and consideration is given as to whether the recent adoption of the United Nations Commission on International trade law ‘s Model Law on Cross-Border Insolvency is likely to be of some assistance in overcoming the limitations of the voluntary administration regime.

Perspectives from the Rule of law and International Economic Development: Are there Lessons for the Reform of Judicial Selection in the United States?
Norman L. Greene
Denver University Law Review
Volume 86, Issue 1, 2008 p.53

Foreign Investment, Human Rights and the Environment: A Perspective from South Asia on the Role of Public International Law for Development by Shyami Fernando Puvimanasinghe
Priscilla Schwartz
Melbourne Journal of International Law
Volume 9, Number 2, October 2008 p.539

THE CONTRIBUTION OF THE International Court of Justice TO THE DEVELOPMENT OF INTERNATIONAL ENVIRONMENTAL LAW: A CONTEMPORARY ASSESSMENT
Jorge E. Viñuales
Fordham International Law Journal
Volume 32, Number 1, December 2008 p.232

The Sen Conception of Development and Contemporary International Law Discourse: Some Parallels
Bhupinder Chimni
Law and Development Review
Volume 1, Number 1, 2008

SALOMAN, MARGOT E: Global Responsibility for Human Rights: World Poverty and the Development of International Law
Cambridge Law Journal
Volume 67, Issue 3, November 2008 p.656

International law as an influence on the development of the Common law : Evans v New South Wales
Kevin Boreham
Public Law Review
Volume 19, Number 4, December 2008 p.271

The Contribution of the Special Court for Sierra Leone to the Development of International humanitarian law
Susan C. Breau
Commonwealth Law Bulletin
Volume 34, Number 4, 2008 p.817-824

The Dispute over the Legal Status of Gando. A Reflection of Distorted Development of International Law in Northeast Asia
Sang Wook Daniel Han
Journal of the History of International Law
Volume 10, Number 2, 2008 p.211

Author: international

Mentioned in these Entries

Common law, Development International Law, History of International Law, International Court of Justice, International human rights law, International humanitarian law, International trade law, Rule of law.