Data, Detection, and the Redistribution of the Sensible in International Law

2017 ◽  
Vol 111 (1) ◽  
pp. 57-103 ◽  
Author(s):  
Fleur Johns
Keyword(s):  
International Law ◽  
Data Detection ◽  
Computer Terminal ◽  
High Commissioner ◽  
The Press ◽  
Short Time ◽  
Straight Ahead ◽  
Afghan Woman ◽  
Do So ◽  
Cash Grant

One dusty day in 2002, at Takhta Baig Voluntary Repatriation Centre near Peshawar in northwestern Pakistan, an Afghan woman—let us call her Amena—entered a nondescript room and sat down in front of a camera. A brief conversation took place with a woman sitting nearby at a computer terminal. Amena placed her chin where she was directed to do so, swept back a few strands of hair creeping out of her veil, and stared straight ahead for a few seconds while a series of photographs of one of her eyes was taken. Almost immediately, a small alarm sounded on the computer terminal of the woman seated alongside her. Amena was gently ushered toward the other side of the room for discussions with other officials. Some short time later, she was advised that her request to the Office of the United Nations High Commissioner for Refugees (UNHCR) for a modest cash grant and some supplies to aid her and her family's repatriation to Afghanistan had been denied. This was because, according to output of the UNHCR’s iris verification program, she had already received assistance earlier the same year. When asked, Amena admitted that she had indeed sought UNHCR repatriation assistance multiple times, under pressure from family members. She walked away. Soon, she could soon no longer be seen amid the press of trucks, cars, bicycles, and people that stretched to the suburbs in the distance.

Due diligence as a secondary rule of general international law

2021 ◽  
pp. 1-30
Author(s):  
Richard Mackenzie-Gray Scott
Keyword(s):  
International Law ◽  
Due Diligence ◽  
Legal Practice ◽  
Formed Part ◽  
International Law Commission ◽  
Domestic Law ◽  
Secondary Rule ◽  
Law Making ◽  
Law Commission ◽  
Do So

Abstract The conventional understanding of due diligence in international law appears to be that it is a concept that forms part of primary rules. During the preparatory stages in creating the Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA), the International Law Commission (ILC) focused on due diligence as though it could have formed part of secondary rules. Despite this process, no due diligence provision forms part of the ARSIWA. Yet a number of the final provisions are based on primary rules. This is because the ILC relied on the method of extrapolation in attempts to create secondary rules. Extrapolation is a method of international law-making by which the output of an analytical process is reproduced in a different form following an examination of its content that exists in other forms. In using this method, the ILC attempted to create secondary rules by extrapolating from primary rules. Yet it did not do so with respect to due diligence. However, due diligence can be formulated and applied differently by using this same method. This article analyses the steps of this process to construct a vision of where international legal practice should venture in the future. In learning from and amalgamating the dominant trends in different areas of international and domestic law, this article proposes that due diligence could exist as a secondary rule of general international law. By formulating and applying due diligence as a secondary rule, there is potential to develop the general international law applicable to determining state responsibility for the conduct of non-state actors.

scholarly journals Designing for international law: The architecture of international organizations 1922–1952

2020 ◽  
pp. 1-22
Author(s):  
Miriam Bak McKenna
Keyword(s):  
New York ◽  
International Law ◽  
International Organizations ◽  
International Organization ◽  
International Labour Organization ◽  
The Relationship ◽  
Physical Manifestation ◽  
Insight Into ◽  
Do So

Abstract Situating itself in current debates over the international legal archive, this article delves into the material and conceptual implications of architecture for international law. To do so I trace the architectural developments of international law’s organizational and administrative spaces during the early to mid twentieth century. These architectural endeavours unfolded in three main stages: the years 1922–1926, during which the International Labour Organization (ILO) building, the first building exclusively designed for an international organization was constructed; the years 1927–1937 which saw the great polemic between modernist and classical architects over the building of the Palace of Nations; and the years 1947–1952, with the triumph of modernism, represented by the UN Headquarters in New York. These events provide an illuminating allegorical insight into the physical manifestation, modes of self-expression, and transformation of international law during this era, particularly the relationship between international law and the function and role of international organizations.

The African Press in Kenya, 1945–1952

1980 ◽  
Vol 21 (4) ◽  
pp. 515-535 ◽  
Author(s):  
Fay Gadsden
Keyword(s):  
The Political ◽  
Constitutional Change ◽  
African Union ◽  
Direct Role ◽  
State Of Emergency ◽  
Social Reforms ◽  
The Press ◽  
Grassroots Level ◽  
The Government ◽  
Short Time

This paper discusses the African press in Kenya in the years between 1945 and 1952. The growth of an extensive vernacular press was caused by the political frustrations suffered by Kenya's Africans and the political, social and ethnic divisions which separated them. The press can be divided into three major categories: moderate nationalist, regional vernacular and populist newspapers. The moderate nationalist newspapers were edited by members of the educated elite who campaigned for constitutional change and social reforms. The regional vernacular papers were concerned more with local than national issues. The populist press was edited by semi-educated men active in politics at the grassroots level who came to reject the moderate leadership. All these papers publicized the activities of the Kenya African Union and demanded an improvement in the political and social position of Africans in Kenya. But they also expressed the ethnic, political and social hostilities which divided their editors. The decline of moderate leadership was reflected in the closure of their newspapers. The radicals who seized power in K.A.U. in 1951 were supported by the populist press and began new newspapers in 1951 and 1952.Some of the African newspapers achieved quite large circulations, were distributed by agents throughout the towns of Kenya and attracted some advertising revenue. But they all suffered from lack of money and found it difficult to find and pay a printer, and they suffered also from the lack of experience of their editors. Many newspapers lasted only a short time. But throughout these years there were always a number of newspapers published. These were widely read and were politically influential. The populist press played a direct role in stimulating militant resistance. Government attempts to curb the African press and to replace it with government newspapers were not successful. Only in 1952 when a State of Emergency had been imposed and the government had assumed powers to refuse printing licences and to suppress newspapers could the African press be silenced.

scholarly journals REACTIVE LYSIS: THE COMPLEMENT-MEDIATED LYSIS OF UNSENSITIZED CELLS

1970 ◽  
Vol 131 (4) ◽  
pp. 643-657 ◽  
Author(s):  
P. J. Lachmann ◽  
R. A. Thompson
Keyword(s):  
Binding Site ◽  
Complement Activation ◽  
Stable Complex ◽  
Red Cell ◽  
Complement Components ◽  
Heat Stable ◽  
Human Sera ◽  
Red Cell Membranes ◽  
Short Time ◽  
Do So

It has been shown that the "activated reactor" that is produced in certain human sera by complement activation is a stable complex of the fifth and sixth component of complement (C56). On interaction with C7, the indicator factor, a complex C567 is formed which for a short time (half-life less than 1 min) has an activated binding site and can attach itself to normal red cell membranes, conferring on them the hemolytic properties of the "heat stable" complement intermediate EC 1 ∼ 7, the capacity to be lysed by C8 and C9. These cells have neither antibody nor the complement components up to C3 bound on them. The binding site—activated C567c—can similarly bind to other hydrophobic surfaces, including agarose gel where it forms a "stainable line". If the complex is not bound to a surface, the binding site decays and the resulting complex will no longer give rise to lysis. However it will still inactivate C8 and C9 in solution. The sera that can generate activated reactor apparently do so because they have an excess of C5 and C6, compared to their content of C7. The phenomenon of reactive lysis thus represents complement-mediated lysis of unsensitized cells initiated at the C5 stage by a stable complex (C56) which was generated by complement activation at a distance. The immunochemistry of the phenomenon is described and some of its implications discussed.

New code for the protection of civilian population and property during armed conflict

1980 ◽  
Vol 20 (219) ◽  
pp. 287-315 ◽  
Author(s):  
Ionel Gloşcă
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
International Treaties ◽  
Civilian Population ◽  
State Activity ◽  
The Holocaust ◽  
Definition Of ◽  
Do So

One of the principles underlying international law applicable in armed conflicts is that no act of war is permitted against the civilian population, consisting, by definition, of persons who take no part in the hostilities.Until the holocaust of 1939–45, international law gave practically no real protection to the civilian population in the event of war, and was not even intended to do so since up to that time war was considered to be a State activity from which civilians remained aloof. There were, nonetheless, general principles and rules in various international treaties which, in one way or another, related also to the civilian population.

The Law of International Criminal Procedure and Domestic War Crimes Trials

2006 ◽  
Vol 6 (4) ◽  
pp. 605-635 ◽  
Author(s):  
Göran Sluiter
Keyword(s):  
International Law ◽  
International Criminal ◽  
Criminal Procedure ◽  
War Crimes ◽  
Specific Context ◽  
National Courts ◽  
International Criminal Tribunals ◽  
War Crimes Trials ◽  
The Law ◽  
Do So

AbstractThis article deals with the question of possible effect of the law of international criminal procedure for domestic war crimes trials. With the increasing number of national prosecutions for war crimes this question will gain in relevance.The article starts with an exploration of the origin and development of the law of international criminal procedure, to reach the conclusion that because of the lack of a strong foundation it is difficult to discern firmly established rules in this field. Next, two areas are examined where the law of international criminal procedure is capable of producing effect for national trials: human rights and rules that have developed in the specific context of war crimes prosecutions.Whether rules of international criminal procedure are formally effective in the domestic legal order remains to be seen. There is no clear obligation under international law to do so. Furthermore, the law of international criminal procedure may be difficult to harmonise with domestic inquisitorial systems.In spite of these difficulties, the article concludes that national courts will increasingly face similar procedural problems in complex war crimes trials as international criminal tribunals and will be happy to learn from their experiences.

VIII.—High-Level Terraces in Norway

1877 ◽  
Vol 4 (2) ◽  
pp. 72-75 ◽  
Author(s):  
J. R. Dakyns
Keyword(s):  
Physical Geography ◽  
The Press ◽  
Scientific Opinion ◽  
The Subject ◽  
High Level ◽  
Do So

In the summer of 1872 I visited Norway, and wrote the following brief notice of certain high-level terraces immediately on my return to England, but kept it back that I might first consult some papers on Norwegian terraces that had appeared in the closing numbers of “Scientific Opinion”; these I was not able to meet with for so long a time that I gave up the idea of sending my notice to the press. I am now induced to do so, because I see that the subject of the parallel roads of Glenroy still occupies the attention of geologists, and it may induce some one next summer to examine minutely the Dovre terraces and sand-heaps and their relation to the physical geography of the district. I was merely able to make a flying visit to them, which I delayed my party to do, because they caught my eye so forcibly, as we were driving along the valley.

scholarly journals The Emergence of a More Conventional Reading of the Conventionality Control Doctrine

2019 ◽  
Vol 49 ◽  
pp. 275-302
Author(s):  
Álvaro Paúl
Keyword(s):  
Human Rights ◽  
International Law ◽  
Judicial Review ◽  
Member States ◽  
General Terms ◽  
Domestic Legislation ◽  
Do So

The Inter-American Court of Human Rights developed a doctrine called conventionality control. In general terms, this doctrine is somewhat similar to the idea of judicial review of legislation, but applied in a transnational forum. According to the Court, conventionality control would require domestic judges and other bodies of States parties to the American Convention on Human Rights (ACHR) to depart from domestic legislation that runs counter to the ACHR or the Inter-American Court’s interpretation of the ACHR. Many scholars contend that the application of this doctrine should be carried out even if the domestic bodies that apply it have no constitutional power to do so. Others have a more restrictive interpretation and consider that domestic bodies would have to apply it to the extent of their power, according to their national constitutions. Apparently, the latter interpretation is gaining a wider support, which is desirable, because only this reading would be compatible with the principles of international law, and possibly accepted by all member States.

scholarly journals WANG YANGMING IN BEIJING, 1510–1512: “IF I DO NOT AWAKEN OTHERS, WHO WILL DO SO?”

2016 ◽  
Vol 1 (1) ◽  
pp. 59-91 ◽  
Author(s):  
George Lawrence Israel
Keyword(s):  
Critical Period ◽  
Wang Yangming ◽  
Philosophical Movement ◽  
The Status ◽  
Short Time ◽  
Do So ◽  
Intellectual Movement ◽  
High Politics ◽  
The Way

ABSTRACTAfter being recalled to Beijing in 1510 for evaluation and reassignment in the wake of his two-year exile to Guizhou and his period of service as a magistrate, Wang Yangming was assigned to a succession of posts at the capital that kept him there through 1512. During that short time, he remained disillusioned with the Ming court and high politics and chose to put his energies into fostering a philosophical movement. He believed that by restoring the “way of master-disciple relations and friendship,” he could help propagate the learning of the sages. To that end, he heldjiangxuegatherings with colleagues and friends and carried on an active correspondence. In those venues, Wang Yangming engaged others with his ideas about the goal of sagehood, the obstacles to attaining it, and the methods for overcoming those obstacles. The following article reconstructs this critical period in Wang Yangming's philosophical development and the intellectual movement he sought to foster, as well as the status of his philosophy as of this point in time.

Paths of Duty: Religion, Marriage, and the Press in a Transatlantic Scandal, 1835–1858

2018 ◽  
Vol 53 (3) ◽  
pp. 636-662
Author(s):  
SUZANNA KRIVULSKAYA
Keyword(s):  
International Law ◽  
Catholic Church ◽  
Religious Freedom ◽  
English Court ◽  
Political Issues ◽  
The Press ◽  
Church State Relations ◽  
State Relations ◽  
The Catholic Church

When the Rev. Pierce Connelly denounced Protestantism and converted to Catholicism in 1835, he inadvertently started a small newspaper war among the burgeoning religious press in America. While Catholic periodicals celebrated their newest addition in print, Protestant newspapermen were scandalized. They worried about how the clerical husband's conversion might affect his marital life should he pursue ordination in the Catholic Church. Soon, the Connellys dissolved their marriage in Rome and moved to England, where Pierce became a priest, and his wife Cornelia entered a convent. When, thirteen years later, Pierce reconverted and sued Cornelia “for the restoration of conjugal rights” in an English court, the case became an international sensation – with both British and American newspapers covering the developments and using the saga to comment on larger religious and political issues of their time. The two scandals demonstrate how the transatlantic press debated contested global concerns about the limits of religious freedom, the changing nature of marriage, church–state relations, and international law.

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