International human rights law Part 1

International human rights law Part 1

 

1

DOMESTIC VIOLENCE ASYLUM CLAIMS AND RECENT DEVELOPMENTS IN International human rights law : A PROGRESS NARRATIVE?
Siobhán Mullally
International and Comparative Law Quarterly
Volume 60, Number 2, April 2011 p.459-484

LAW JOURNAL / LAW REVIEW

2

Constitutional Review in the Caribbean
Avril Anande Trotman-Joseph
European Journal of Law Reform
Volume 12, Issue 1/2, 2010 p.134-144

LAW JOURNAL / LAW REVIEW

Guyana, South America, is a former colony of Britain and the only English-speaking country in South America, but has more in common with its English-speaking Caribbean neighbours. Constitutional reform and resulting constitutional amendments were precipitated in 1999-2000 by civil unrest following national elections and dissatisfaction by the major opposition with the outcome of an election characterized by ethnic differences between respective supporters of parties backed by followers of traditionally Indian, African and Amerindian origin. This process was a brokered effort to ameliorate the national dissatisfaction and an opportunity for civil society representatives and political representatives of the unicameral House of Parliament to work together in recommending electoral and constitutional reform. The outcome was the radical reform and modernization of the constitutional entrenchment of the modern concepts of international human rights law. In this regard Guyana is ahead of the other sister nations of the Caribbean, CARICOM grouping in terms of constitutional advancements. However, the political will to realize farreaching electoral and governance reforms, as well as the effective implementation of the entrenched human rights reforms, still lags behind, despite the amendment of the constitution, the appointment of several commissions and the establishment of a parliamentary oversight committee tasked with continuous constitution review.

3

The Path Dependence of European Copyright
Stefan Larsson
SCRIPTed: a Journal of Law, Technology & Society
Volume 8, Issue 1, 2011 p.8-31

LAW JOURNAL / LAW REVIEW

This article analyses the path dependence of European copyright. It shows how copyright is legally constructed, is harmonised through international Treaties and European regulatory efforts in terms of InfoSoc Directive and the IPRED, and is also affected by the Data Retention Directive and the Telecommunications Reform package. Furthermore, the “secretly” negotiated ACTA agreement is discussed as it may impose stronger copyright on Member States. This means that the formulations and metaphors of how copyright is constructed and conceptualised contribute towards various lock-in effects as the dependence on the given path increases. The strong path dependence of European copyright law results in regulation that suffers from legitimacy issues. Copyright construction is a legal complex that in general is based on ideas of the conditions of an analogue world for distribution and production of copies, but it is armed with increasingly protective measures when faced with human conduct in the context of digital networks. To some extent, this most probably involves the expansion of the concepts and metaphors that once described only non-digital practice. The trend in European copyright is therefore strongly protectionist, through the expanding and strengthening of rights and their enforcement, and in that it is self-reinforcing, being locked into certain standards. The path dependence of European copyright serves as a strong argument for those who benefit from its preservation, signalling that there are power structures supporting the colonisation by this specific legal path of other legal paths that protect other values, such as consumer privacy or versions of integrity. There is a clear tendency in targeting the ISPs and other intermediaries in attempts to keep the copyright path intact. The development of European copyright, in its broad sense, not only re-builds the Internet in terms of traceability, but also law enforcement in terms of mass-surveillance. The digitalisation of society requires that new questions be asked as to how legal enforcement is or can be performed with regard to the mass-surveillance of the multitude of habits and secrets in our everyday lives. This means that there is a growing political responsibility for balancing privacy concerns and new and extreme possibilities for recording behaviour by means of data logs and digital supervision, all of which is part of the enforcement of copyright as a result of its strong path dependence. Thus, the path dependence of copyright leads to an imbalance of principal importance between the interests at stake. The imbalance lies in that a special interest is allowed to modify methods of legal enforcement from the reactive and particular to the pre-emptive and general. The special copyright interest gains at the expense of the privacy of everyone.

 

Conclusion

Notes

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References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

1500 Top law pages in Wikipedia in may 2012, Convention on the Rights of the Child Part 7, Crime against international law, Development International Law – Part 2, Development International Law – Part 24, Development International Law – Part 4, Development International Law – Part 5, Development International Law – Part 6, Development International Law – Part 8, Development International Law -2, Development International Law -4, Development International Law -6, Human Rights Committee Part 4, Human Rights Committee Part 6, Human Rights Committee, Human rights and international law. Bibliography, International Covenant on Civil and Political Rights Part 3, International Criminal Court Part 36, International Criminal Court Part 37, International Criminal Law Links, International Criminal Law. Bibliography, International Humanitarian Law Part 3, International Humanitarian Law Part 4, International Humanitarian Law Part 6, International Humanitarian Law Part 7, International Humanitarian Law Part 8, International Humanitarian Law Part 9, International Humanitarian Law, International Humanitarian Law0, International Humanitarian Law1, International Security Part 7, International Security Part 8, International Security Part 9, International Security8, International Security9, International human rights law Part 2, International human rights law Part 20, International human rights law Part 21, International human rights law Part 22, International human rights law Part 23, International human rights law Part 24, International human rights law Part 25, International human rights law Part 26, International human rights law Part 27, International human rights law Part 28, International human rights law Part 29, International human rights law Part 3, International human rights law Part 30, International human rights law Part 31, International human rights law Part 32, International human rights law Part 33, International human rights law Part 34, International human rights law Part 35, International human rights law Part 36, International human rights law Part 37, International human rights law Part 38, International human rights law Part 39, International human rights law Part 4, International human rights law Part 40, International human rights law Part 41, International human rights law Part 42, International human rights law Part 43, International human rights law Part 44, International human rights law Part 45, International human rights law Part 46, International human rights law Part 47, International human rights law Part 48, International human rights law Part 49, International human rights law Part 5, International human rights law Part 6, International human righ
ts law Part 7
, International human rights law Part 8, International human rights law Part 9, International human rights law, International human rights law0, International human rights law1, International human rights law2, International human rights law3, International human rights law4, International human rights law5, International human rights law6, International human rights law7, International human rights law8, International human rights law9, International humanitarian law Part 3, International humanitarian law Part 4, International humanitarian law Part 6, International humanitarian law Part 7, International humanitarian law Part 9, International humanitarian law, International humanitarian law0, International humanitarian law1, International institutions Part 6, International institutions Part 7, International institutions1, International law books, International law tags, International law: the refugee, International trade law Part 9, Investment treaty law and arbitration articles, Law Guides list, Legal subjects, List of international public law topics, Oxford Reports on International Law, Refugees Part 2, Refugees0, Trade law Part 30, Treaties, United Nations System Part 5, country.


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